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2012-049
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Entry Properties
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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addressed herein, the terms of this First Amendment shall control . With regard to all other <br /> matters , the Feedstock Agreement shall control . <br /> 3 . "Facility" and " Facility Site" . For the term of this First Amendment, the <br /> definitions of Facility and Facility Site as set forth in the Feedstock Agreement are hereby <br /> amended to include the Vegetative Waste Management Area. <br /> 4 . Temporary License . The District hereby grants a temporary license to INEOS to <br /> occupy and use the District ' s Vegetative Waste Management Area for the receipt and <br /> management of Vegetative Waste . The term of this license shall commence on the date of <br /> execution of this First Amendment by the District. The term of this license shall terminate when <br /> INEOS notifies the District in writing that INEOS ' own Facility and Facility Site are completed <br /> and ready to receive and Process Vegetative Waste, or one year from the date of execution of this <br /> First Amendment, whichever occurs first, unless the license is terminated sooner as a result of a <br /> Party ' s failure to comply with the requirements herein . <br /> 5 . Expansion/Improvement . The Vegetative Waste Management Area is <br /> approximately 19 acres in size with six acres currently used for the management of Vegetative <br /> Waste . During the term of this First Amendment, should INEOS desire to use any or all of the <br /> remaining 13 acres for the Processing of Vegetative Waste , INEOS shall first obtain advance <br /> written permission from the District before INEOS clears or otherwise begins construction in any <br /> part of the 13 acre area. Any expansion of the existing six acre Vegetative Waste Management <br /> Area shall be at the sole cost of INEOS . INEOS shall be solely responsible for obtaining all <br /> permits and approvals associated with any proposed expansion and expanded use of the six acre <br /> area. In the event that INEOS clears all or part of the 13 undeveloped acres , INEOS shall <br /> remove and lawfully manage all Land Clearing Debris resulting from its actions . The District <br /> shall not pay INEOS a Processing Fee or any other fee for the removal or Processing of the Land <br /> Clearing Debris that INEOS generates as a result of its activities in the 13 acre area. <br /> 6 . Scale Fee . The District shall charge and INEOS shall pay a fee (" Scale Fee") of <br /> three dollars ($ 3 . 00) for each out of county vehicle for the first nine months , and three dollars <br /> ( $ 3 . 00) for each vehicle after nine months , that uses the scale and delivers Vegetative Waste to <br /> the Vegetative Waste Management Area . The District shall provide weight records to INEOS on <br /> mutually agreeable period, but as a minimum weekly , reporting all such vehicles that have been <br /> weighed . Beginning in April 2012 , the District shall bill INEOS in arrears for the Scale Fee that <br /> was incurred by INEOS during the prior month . INEOS shall pay the Scale Fee within thirty <br /> (30) days after the District issues its monthly bill . <br /> 7. Access for Residents . INEOS shall provide and maintain sufficient space in the <br /> Vegetative Waste Management Area so that the residents of Indian River County are able to <br /> safely and efficiently dispose of Vegetative Waste in the Vegetative Waste Management Area at <br /> all times that the area is open to the public . The Vegetative Waste Management Area shall be <br /> open to the public according to the same schedule in effect prior to the term of this First <br /> Amendment . <br /> 8 . Equipment . The District shall not be responsible for providing INEOS any <br /> equipment for the performance of INEOS ' duties under this First Amendment . <br /> Feedstock Agrmt - 1st Amend (4) 2 <br />
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