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2012-049
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2012-049
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Last modified
12/17/2015 1:06:31 PM
Creation date
10/1/2015 4:13:11 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
First Amendment
Approved Date
03/13/2012
Control Number
2012-049
Agenda Item Number
15.B.6
Entity Name
INEOS New Planet BioEnergy LLC
Subject
Feedstock Supply Agreement 1st Amendment
Area
925 74th Ave.
Archived Roll/Disk#
112-R-0001
Supplemental fields
SmeadsoftID
11001
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3 � 13 � 1 � <br /> FIRST AMENDMENT TO a p a _ g `f ?/ <br /> FEEDSTOCK SUPPLY AGREEMENT <br /> This First Amendment to Feedstock Supply Agreement ("First Amendment") is entered <br /> into on this ' f h day of March, 2012 , by the Indian River County Solid Waste Disposal District <br /> ("District") , a dependant special district of Indian River County, Florida, whose address is 1801 <br /> 27'hStreet, Vero Beach , FL 32960 , and INEOS New Planet BioEnergy, LLC ("INEOS ") , a <br /> Delaware Limited Liability Company, whose address is 925 74th Avenue SW, Vero Beach , FL <br /> 32968 - 9702 . (Capitalized terms that are used but not defined in this First Amendment shall have <br /> the meaning set forth in the Parties ' Feedstock Supply Agreement, which is described below) . <br /> WITNESSETH : <br /> WHEREAS , on July 15 , 2011 , the Parties entered into that certain Feedstock Supply <br /> Agreement ("Feedstock Agreement") ; and <br /> WHEREAS , some of the facilities to be used by INEOS under the Feedstock Agreement <br /> will soon be ready for testing and preliminary operations , and <br /> WHEREAS , INEOS needs to begin receiving Vegetative Waste so that it will have <br /> feedstock to use when testing and conducting preliminary operations at its Facility ; and <br /> WHEREAS , INEOS has not yet completed all of the necessary improvements to its <br /> Facility Site and, consequently, INEOS is not yet ready to receive Vegetative Waste at its <br /> Facility Site ; and <br /> WHEREAS , the District receives and manages Vegetative Waste on a ± 19 acre parcel of <br /> property ("Vegetative Waste Management Area") that is delineated on Exhibit "A , " which is <br /> attached hereto and incorporated by reference herein ; and <br /> WHEREAS , the District currently uses only six of the 19 acres of the Vegetative Waste <br /> Management Area for the District ' s purposes ; and <br /> WHEREAS , the Parties agree that is would be mutually beneficial to permit INEOS to <br /> use the Vegetative Waste Management Area for the receipt and management of Vegetative <br /> Waste until such time as the INEOS Facility Site is complete and ready to begin operations ; and <br /> NOW, THEREFORE , in consideration of the mutual terms and promises stated herein , <br /> and other good and valuable consideration , the receipt and sufficiency of which is hereby <br /> acknowledged, the District and INEOS agree as follows : <br /> L Recitals . The foregoing recitals are true and correct, and incorporated as if fully <br /> restated herein . <br /> 2 . Amendment. The Feedstock Agreement shall be and is hereby amended as set <br /> forth in this First Amendment . To the extent of any conflict between the terms of this First <br /> Amendment and the terms of the Feedstock Agreement with regard to the issues specifically <br /> Feedstock Agrmt - 1st Amend (4) 1 <br />
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