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HomeMy WebLinkAboutWPO201700048 Affidavit 2021-09-27BILL OF SALE Nonpoint Nutrient Offset Credits BILL OF SALE, made as of 0Ck4%6✓ 4 , 2021, by Hotel Street Capital, L.L.C., a Virginia limited liability company ("Seller") and Old Trail Creekside IV LLC, a Virginia corporation ('Purchaser"). WHEREAS, Seller and Purchaser have entered into that certain Agreement for Purchase and Sale of Nutrients Mitigation Credits, dated as of September M , 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 Sellers 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 3.60 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 duly authorized representative as of the date first above written. HOTEL STREET CAPITAL, L.L.C. a Virginia limited ility company by Grayson J.KeA Company, LLC, its By: Thomas James Ross II Project Name: Old Trail Creekside III — Phase II, WP0`201700048 (Amendment #1 to WPO201200008) Plan # WPO201700048 Tax Map and Parce1055EO-04-00-000BO HUC: 02080204 (0102) Lb. credits: 3.60 lb. Bank Sponsor HUC: 02080204 (0501) 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 (described below), dated as of September jqq , 2021 (the "Purchase Agreement"), the Terms of which are incorporated herein by reference and made a part hereof) between, Hotel Street Capital, LLC, a Virginia limited liability company, Seller and Old Trail Creekside IV LLC, Purchaser, Seller agreed to sell 3.6 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 16.48 pounds of nitrogen offsets relating to the Project known as: Project Name: Old Trail Creekside III — Phase II, WP0201700048 (Amendment #1 to WP0201200008) Plan # WP0201700048 Tax Map and Parcel 055E0-04-00-000BO HUC: 02080204 (0102) Lb. credits: 3.60 lb. Bank Sponsor HUC: 02080204(0501) Seller and Purchaser, as of the date hereof, have closed the transaction contemplated by the Agreement and the Seller has sold, transferred and conveyed to Purchaser the phosphorous offsets. WITNESS the following signature: HOTEL STRFETC/APITAL, L.L.C. OBERMAN Date: d Ll By: STATE OF VIRGINIA COUNTY OF FAUQUIER: Sworn and subscribed Ross II, Managing Member\\o CAPITAL, L.L.C., a NA;� q, My Commission any company COMPANY, LLC, Manager Ross II, Managing Member before me this Lt6, day of Ct;h> 2021, by Thomas James ilOnay�veon Lo& Company, LLC, Manager of HOTEL STREET �l $ci'j�bility company.. Project Name: Old Trail� Phase II, WP020 WP0201200008) Plan # WP0201700048 Tax Map and Parcel_055E0-04-00-000130 (Amendment #1 to