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HomeMy WebLinkAboutWPO201900014 Agreement - Nutrient Credits 2021-06-11BILL OF SALE Nonpoint Nutrient Offset Credits BILL OF SALE, made as of 2021. by HOTEL STREET CAPITAL, L.L.C., a Virginia limited liability comp ("Seller"}, Tobias A. &Lynn Dengel Trust, ("Purchaser"). WHEREAS, Seller as the owner of the Rivanna River Nutrient Offset Credit Bank, approved by the VDEQ on September 5, 2018 (Certificate No. James-039) and Purchaser have entered into that certain Agreement for Purchase and Sale of Nutrients Mitigation Credits, dated as of May 12, 2021 (the "Purchase Agreement", the terms of which are incorporated herein by reference and made part hereof), with respect to the sale by Seller and purchase by Purchaser of Compensatory Nutrients Mitigation Credits held in Seller's Nonpoint Offset Bank in Fluvanna County, Virginia (HUC 02080204). NOW THEREFORE, for and in consideration of the payment of the Purchase Price (as defined in the Purchase Agreement) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller hereby sells, transfers, assigns, conveys, delivers and sets over to Purchaser, its successors and assigns, .59 Nutrient Credits ("Credits") as such are described in the Purchase Agreement. TO HAVE AND TO HOLD all such Nutrient Credits hereby sold and transferred to Purchaser and its successors and assigns forever. IN WITNESS WHEREOF, Seller has caused this Bill of Sale to be executed by its duty authorized representative as of the date first above written. HOTEL STREET CAPITAL, L.L.C. a Virginia limited liability company by Grayson Love_& Company, LLC, its manager Name�hdmas James Ross II Its: M auer Owner: Tobias A & Lynn T Dengel Trust Project Title: Foothill Farm WP0201900014 — Location: 1996 Foothill Farm Dr. Charlottesville, VA 22911-8528 Legal Ref: T.M. 62 Parcel 71 Credits Req.: 0.59 Ibslyr of Phosphorous AFFIDAVIT OF PHOSPHOROUS OFFSET SALE HOTEL STREET CAPITAL, L.L.C., a Virginia limited liability company ("Seller"), hereby certifies the following: 1. Pursuant to that certain Agreement for Purchase and Sale of Nutrients Mitigation Credits, dated of May 12, 2021 (the "Purchase Agreement"), the Terms of which are incorporated herein by reference and made a part hereof between Seller and Tobias A. & Lynn Dengel Trust, ("Purchaser"), for the benefit of the Purchaser, Seller agreed to sell .59 pounds of nonpoint source phosphorus offsets (the Nutrient Credits) to Purchaser and retire the associated ratio of nonpoint source nitrogen offsets at the offset generating facility in the amount of 2.70 pounds of nitrogen offsets relating to the Project known Project Title: Foothill Farm WP0201900014 — Amendment 1, located at 1996 Foothill Farm Dr., Charlottesville, VA 22911-8528 having an Albemarle County Tax ID Number of TM 62, Parcel 71. Seller and Purchaser, as of the date hereof.. have closed the transaction contemplated by the Agreement and the Seller has sold to Purchaser the phosphorous offsets. WITNESS the following signature: Date: S Zo STATE OF VIRGINIA COUNTY OF FAUQUIER: HOTEL STREET CA a Virginia limes� By: GRAY,S9I<LOVE & kL, L.L.C. company APANY, LLC, Manager .lames Ross II, Managing Member Sworn and subscribed before me this day of Ross II, Managing Member of Grayson Love & Company, CAPITAL, L.L.C., a Virginia limited liability company. Notary My Commission expires: Owner: Tobias A & Lynn T Dcngel Trust Project Title: Foothill Farm WP0201900014 — Amen, Location: 1996 Foothill Farm Dr. Charlottesville, VA 22911-8528 Legal Ref: T.M. 62 Parcel 71 Credits Req.: 0.59 lbs/yr of Phosphorous Nitrogen Offset: 2.70 pounds Project HUC: 02080204 Bank HUC: 02080204 2021, by Thomas James ger of HOTEL STREET '-REGISTRATION NO. 7511805 MY COMM. EXPIRES i, 10/3112023