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03/19/2013AP
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03/19/2013AP
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Last modified
6/26/2018 1:15:40 PM
Creation date
3/23/2016 8:56:14 AM
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Template:
Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/19/2013
Meeting Body
Board of County Commissioners
Book and Page
311
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000E\S0004N2.tif
SmeadsoftID
14207
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THIRD AMENDMENT TO <br /> FEEDSTOCK SUPPLY AGREEMENT <br /> - -- <br /> THIS THIRD AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Third <br /> Amendment") is entered into. as of this 1.1 day of November, 2012, by and between the Indian <br /> River County Solid Waste Disposal District ("District"), a dependant special district of Indian <br /> River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"), a <br /> Delaware limited liability company. (Capitalized terms that are used but not defined in this <br /> Third Amendment shall have the meaning set forth in the Parties' Feedstock Supply Agreement, <br /> the First Amendment or the Second Amendment, as described below). <br /> WITNESSETH: <br /> WHEREAS, on July 15, 2011, the Parties entered into the Feedstock Supply Agreement <br /> ("Feedstock Agreement"), which was subsequently amended by the First Amendment to <br /> Feedstock Supply Agreement, dated March 13, 2012 ("First Amendment"), and by the Second <br /> Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement <br /> of Section 7.4, dated April 25, 2012 ("Second Amendment"); and <br /> WHEREAS, in section 4 of the First Amendment, the District granted to INEOS a <br /> temporary license to occupy and use the District's Vegetative Waste Management Area for a <br /> period of time ending, at the latest, on March 13, 2013, which the Parties, by this Third <br /> Amendment, desire to extend to April 30, 2013; and <br /> WHEREAS, the first sentence of section 6 of the First Amendment provides that "The <br /> District shall charge and INEOS shall pay a fee ("Scale Fee") of three dollars ($3.00) for each <br /> out of county vehicle for the first nine months, and three dollars ($3.00) for each vehicle after <br /> nine months, that uses the scale and delivers Vegetative Waste to the Vegetative Waste <br /> Management Area,"; and <br /> WHEREAS, the Parties desire to amend the aforesaid language of section 6, as set forth <br /> herein, <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 /> 1. Recitals. The foregoing recitals are true and correct, and incorporated as if fully <br /> restated herein. <br /> 2. Amendment of Section 4 of the First Amendment. The third sentence of <br /> section 4 of the First Amendment is hereby deleted in its entirety and replaced with the following <br /> language: "The term of this license shall terminate when INEOS notifies the District in writing <br /> that INEOS' own Facility and Facility Site are completed and ready to receive and Process <br /> Vegetative Waste, or April 30, 2013, whichever occurs first, unless the license is terminated <br /> sooner as a result of a Party's failure to comply with the requirements herein." <br /> Feedsock Agrmt-3rd Amendment 1 <br /> 273 <br />
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