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HomeMy WebLinkAboutWPO201900067 Agreement - Nutrient Credits 2021-03-08�VIRGINIA NUTRIENT BANK P.O. Box 142 Penn Laird, VA 22846 • (540) 908-1679 • www.ViriziiiiaNutrientBmk.com EXHIBIT A — BILL OF SALE Bill of Sale, made as of the 7NG- day of March, 2021, by Virginia Nutrient Bank, LLC, a Virginia Limited Liability Company ("Seller"), to W4 Properties Charlottesville, LLC ("Purchaser). Whereas, the Seller and Purchaser ha�e entered into an Agreement for Purchase and Sale of Nutrient Offset Credits, dated as of March$ , 2021 (the "Agreement"), the terms of which are incorporated herein by reference and made a part hereof), with respect to the sale by Seller and purchase by Purchaser of Nutrient Credits held by the Seller's Upper James Nutrient Bank in Nelson County, Virginia within the James River watershed (HUC: 02080203). Now Therefore, for and in consideration of the payment of the purchase price (as defined in the 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, 0.45 Nutrient Credits out of the Upper James Nutrient Bank as such are described in the Agreement. To Have and To Hold all such Nutrient Credits hereby sold and transferred to Purchaser and its successors and assigns forever for use in connection with Purchaser's project the W4 Development Car Wash WPO201900067 in Albemarle County. This project is located in HUC:02080204. 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. Virginia Nutrien xrk, LL By: (� Name: Nathan .Blackwell Title: Manager Acquirer: W4 Properties Charlottesville, LLC Project: W4 Development Car Wash WP0201900067 (HUC:02080204) TM/PIN#: 04500-00-00-093CO Permittee: W4 Properties Charlottesville, LLC P.O. Box 42 Bogart, GA 30622 VSMP #: <1 Acre Nutrient Bank: Upper James — James — 050 (HUC:02080203) Phosphorus Offsets: 0.45 pounds Nitrogen Offsets: 1.62 pounds VIRGINIA NUTRIENT BANK - SERVING FARMERS, DEVELOPERS, AND LOCALITIES HELPING CLEAN THE CHESAPEAKE BAY ONE SITE AT A TIME A %j VIRGIlMA n NUTRIENT BANK P.O. Box 142 Penn Laird, VA 22846 • (540) 908-1679 • www.VirginiaNutrientBank.com EXHIBIT B - AFFIDAVIT OF NUTRIENT OFFSET SALE Virginia Nutrient Bank, (the "Seller"), hereby certifies the following: 1. Pursuant to that certain "Agreement for Purchase and Sale of Nonpoint Nutrient Offset Credits" dated March 3 2021 (the "Agreement"), the terms of which are incorporated herein by reference and made a part of hereof) between the Seller and W4 Properties Charlottesville. LLC ("Purchaser"), the Seller, for the benefit of the Purchaser, agreed to sell 0.45 pounds of phosphorus offsets and retire 1.62 pounds of nitrogen offsets (representing the ratio of nitrogen offsets to the phosphorous offsets at the offset generating facility) to Purchaser; 2. The Seller and the Purchaser, as of the date hereof, have closed the transaction contemplated by the Agreement and the Seller has sold to Purchaser 0.45 pounds of phosphorus offsets and retired 1.62 pounds of nitrogen offsets (representing the ratio of nitrogen offsets to the phosphorous offsets at the offset generating facility). WITNESS the following signature: Virginia Nutrie c, LLC/ By: i, Name: Nathan W. Blackwell Title: Manager 3 Date: Sworn to and subscribed before me this '9w day of fit , 20 -?� by Nathan W. Blackwell, P.E., Manager, on behalf of Virginia Nutrient Bank, LLC. My commission expires: Notary Public Acquirer: Project: TM/PIN#: Permittee: W4 Properties Charlottesville, LLC W4 Development Car Wash WP0201900067 (HUC:02080204) 04500-00-00-093CO W4 Properties Charlottesville, LLC P.O. Box 42 Bogart, GA 30622 VSMP #: <1 Acre Nutrient Bank: Upper James — James — 050 (HUC:02080203) Phosphorus Offsets: 0.45 pounds Nitrogen Offsets: 1.62 pounds VIRGINIA NUTRIENT BANK - SERVING FARMERS, DEVELOPERS. AND LOCALITIES HELPING CLEAN THE CHESAPEAKE BAY ONE SITE AT A TIME