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FOURTH AMENDMENT TO
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FEEDSTOCK SUPPLY AGREEMENT D 13 ` 6 -96
THIS FOURTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT
("Fourth Amendment") is entered into as of this 19thday of March, 2013 , by and between the
Indian River County Solid Waste Disposal District ("District"), a dependant special district of
Indian River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"),
a Delaware limited liability company. (Capitalized terms that are used but not defined in this
Third Amendment shall have the meaning set forth in the Parties ' Feedstock Supply Agreement,
the First Amendment or the Second Amendment, as described below) .
WITNESSETH:
WHEREAS, on July 15 , 2011 , the Parties entered into the Feedstock Supply Agreement
("Feedstock Agreement"), which was subsequently amended by the First Amendment to
Feedstock Supply Agreement, dated March 13 , 2012 ("First Amendment"), by the Second
Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement
of Section 7. 4, dated April 25 , 2012 ("Second Amendment"), and by the Third Amendment to
Feedstock Supply Agreement, dated November 13 , 2012 ("Third Amendment"); and
WHEREAS, in section 4 of the First Amendment, the District granted to INEOS a
temporary license to occupy and use the District ' s Vegetative Waste Management Area for a
period of time ending, at the latest, on March 13 , 2013 , which date was extended in the Third
Amendment to April 30, 2013 , and which date the Parties desire to extend in this Fourth
Amendment to May 31 ,, 2013 ,; and
WHEREAS, in section 6 of the First Amendment the Parties provided that the District
would charge and INEOS would pay a Scale Fee of three dollars ($3 .00) "for each out of county
vehicle for the first nine months, and three dollars ($3 . 00) for each vehicle after nine months,"
that used the scale and delivered Vegetative Waste to the Vegetative Waste Management Area,
which time period ("nine months") was changed in the Third Amendment to April 30, 2013 , and
which time period the Parties desire to change in this Fourth Amendment to May 31 , 2013 ; and
WHEREAS, in section 3 . 1132 of the Feedstock Agreement, the Parties set operating
hours of the Facility of 6 a.m. to 6 p.m. , which operating hours the Parties desire to change in
this Fourth Amendment to align with the operating hours of the District' s Landfill of 7 a.m. to 5
p.m. ,
NOW, THEREFORE , in consideration of the mutual terms and promises stated herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the District and INEOS agree as follows:
16 Recitals. The foregoing recitals are true and correct, and incorporated as if fully
restated herein.
2 . Amendment of Section 4 of the First Amendment. The third sentence of
section 4 of the First Amendment is hereby deleted in its entirety and replaced with the following
l•eedsiock Agow - ash Amendment 1
language : "The term of this license shall terminate on May 31 , 2013 , unless the license is
terminated sooner as a result of a Party' s failure to comply with the requirements herein." This
amendment shall supersede section 2 of the Third Amendment,
3. Amendment of Section 6 of the First Amendment. The first sentence of section
6 of the First Amendment is hereby deleted in its entirety and replaced with the following
language : "The District shall charge and INEOS shall pay a fee ("Scale Fee") of three dollars
($3 .00) for each out of county vehicle through April 30, 2013 , and three dollars ($3 .00) for each
vehicle after April 30, 2013 , that uses the scale and delivers Vegetative Waste to the Vegetative
Waste Management Area." This amendment shall supersede section 3 of the Third Amendment.
4. Amendment of Section 3. 1112 of the Feedstock Agreement. The first sentence
of section 3 . 1 B2 of the Feedstock Agreement is hereby deleted in its entirety and replaced with
the following language: "The District, Contractors, Franchisees, and Residents may deliver
Acceptable Waste to the Facility, and Company shall accept such deliveries, on any day of the
year that the District Landfill is open, between the hours of 7 a.m. and 5 p.m. "
5. Other Provisions . Except as amended herein and in the First Amendment,
Second Amendment and Third Amendment, all remaining provisions of the Feedstock
Agreement shall remain in full force and effect
IN WITNESS WHEREOF, this Fourth Amendment is executed by the authorized
representatives of the Parties , as of the day and year first above written.
ATTEST: Jeffrey R. Smith, INDIAN RIVER COUNTY SOLID WASTE
Clerk of Court and Comptroller DISPOSAL DISTRICT ("District's
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Depu y Clerk rte :' •� * ; p . Flescher, Chairman
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a r�pproved by BCC : March 1q , 2013a so .
Approved: a`° oi' •• . � �Qa� roved as to form and legal sufficiency .
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J eph A. Baird, County Administrator Alan S . Potw4cwich, Sr., County Attorney
gned, sealed and delivered in the INEOS NEW PLANET BIOENERGY, LLC
pies a of: ("Company")
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Feedstock Agtmt - Jth Amendment 2