HomeMy WebLinkAboutWPO200400087 Agreement - Nutrient Credits 2022-09-08EXHIBIT A
AFFIDAVIT OF NUTRIENT CREDITS
I, Ronald Pembelton, certify that I am now, and at all times mentioned herein have been,
the Manager of R&J Investment, LC, a Virginia limited liability company (the "Company"),
which is the owner of the Spout Springs Nutrient Bank located in Appomattox County, Virginia,
and as such I hereby certify the following:
1) Pursuant to that certain Acquisition and Sale Agreement dated August 15, 2022,
("The Agreement'), between Company (as Seller) and Bend Properties, LLC,
("Acquirer"), the Company, for the benefit of the Acquirer, agrees to sell 0.69
pounds of phosphorus offsets and retire 2.31 pounds of nitrogen (representing the
ratio of nitrogen offsets to the phosphorus offsets at the offset generating facility)
offsets to Acquirer;
2) The Company and the Acquirer, as of the date hereof, have closed
the transaction contemplated by the Agreement and the Company has sold to
Acquirer phosphorus offsets and retired 2.31 pounds of nitrogen (representing the
ratio of nitrogen offsets to the phosphorus offsets at the offset generating facility)
offsets.
The execution and delivery of this Affidavit has been duly authorized and is not in
violation of the Operating Agreement of the Company or any other agreement, document or
obligation to which the Company is bound.
H
IN WITNESS WHEREOF, I have duly executed this Affidavit as of the $ day of
2022.
R&J Investment, LC,
a Virginia limited liability company
By:�
Name: onald Pembelton
Title: Manager
COMMONWEALTH OF VIRGINIA,
-eity/Countyof AAquio,, to -wit:
Sworn to and subscribed before me this _ day of �, 2022, the undersigned
Notary Public for and in the jurisdiction aforesaid, by Ronald Pembelton, the Manager of R&J
Investment, LC, a Virginia limited liability company. �•..•• Po•��.,,
Y.�•NOTARY '•.•?�
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REG is 291762
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My commission expires: ��13/ l o2oa o `• Ex: ;"
Registration No.: c29/7&,o_ :, yO. es?rzo:n..mac,;
Acquirer: Bend Properties, LLC
Name of Project: Longacre Farms Subdivision
Tax Parcel Number: 57-67A, 57-67A1, 57-67A2, 57-67A3, 57-67A4, 57-67A5
County Project Number: WPO-2004-00087, WPO-2004-00100
VSMP Permit #: Pending
HUC Code: 02080204
Nutrient Bank HUC: 02080203
Phosphorus offsets: 0.69
Nitrogen offsets: 2.31
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EXHIBIT B
BILL OF SALE
THIS BILL OF SALE is made as of the 9 day of L4kj21Jg 2022, by R&J
Investment, LC, a Virginia limited liability company ("Seller") and Bend Properties, LLC,
("Purchaser").
Seller and Purchaser have entered into that certain Agreement for Purchase and Sale of
Nutrient Offset Credits dated August 15, 2022, (the "Purchase Agreement"), the terms of which
are incorporated herein by reference and made a part hereof, with respect to the sale by Seller
and the purchase by Purchaser of nutrient offset credits generated by Seller's Spout Springs
Nutrient Bank located in Appomattox County, Virginia.
In consideration of the payment of the Purchase Price $7,9 55.00 and (as defined in the
Purchase Agreement) and other good and valuable consideration, the receipt and sufficiency of
which are mutually acknowledged, Seller hereby sells, transfers, assigns, conveys, delivers, and
sets over to Purchaser, its successors or assigns the following nutrient offset credits (as defined in
the Purchase Agreement):
Phosphorus: 0.69 lbs. and
Nitrogen: 2.31 lbs.
Project: Longacre Farms Subdivision
Tax Parcel Number: 57-67A, 57-67A1, 57-67A2, 57-67A3, 57-67A4, 57-67A5
County Project Number: WPO-2004-00087, WPO-2004-00100
VSMP Permit #: Pending
HUC: 02080204
Nutrient Bank HUC: 02080203
WITNESS the following authorized signature:
R&J Investment, LC,
a Virginia lim�liiit�ed liability cco�mppany
By: A%i""" L eea Gt—
Name: Ronald Pembelton
Title: Manager
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