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SIXTH AMENDMENT TO
FEEDSTOCK SUPPLY AGREEMENT
THIS SIXTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT (" Sixth
Amendment") is entered into as of this Q day of August, 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 Sixth
Amendment shall have the meaning set forth in the Parties ' Feedstock Supply Agreement, the
First Amendment, Second Amendment, Third Amendment, Fourth Amendment or the Fifth
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"), by the Third Amendment to
Feedstock Supply Agreement, dated November 13 , 2012 ("Third Amendment") ; and by the
Fourth Amendment to Feedstock Supply Agreement, dated March 19 , 2013 ("Fourth
Amendment") ; and by the Fifth Amendment to Feedstock Supply Agreement, dated May 21 ,
2013 ("Fifth Amendment") ; and
WHEREAS, in section 2 of the Fifth Amendment, the District granted to INEOS a
temporary license to occupy and use the District ' s Vegetative Waste Management Area for
storage of various stages of vegetative materials and wood chips for a period of time ending, at
the latest, on August 31 , 2013 , and which date the Parties desire to extend in this Sixth
Amendment to December 31 , 2013 for Storage Purposes Only ; and
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 :
1 . Recitals . The foregoing recitals are true and correct, and incorporated as if fully
restated herein .
2 . Amendment of Section 2 of the Fifth Amendment. The second sentence of
section 2 of the Fifth Amendment is hereby deleted in its entirety and replaced with the
following language : "The term of this license shall terminate on December 31 , 2013 , unless the
license is terminated sooner as a result of a Party ' s failure to comply with the requirements
herein ."
3 . Other Provisions . Except as amended herein and in the First Amendment,
Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment all
remaining provisions of the Feedstock Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, this Sixth Amendment is executed by the authorized
representatives of the Parties, as of the day and year first above written .
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ATTEST : Jeffrey R. Smith, INDIAN RIVER COUNTY SOLID : �E y
Clerk of Court and Comptroller DISPOSAL DISTRICT ("District") ;!�, �
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By : i
eputy Clerk ' eph . Flescher, Chairman �r
Approved by BCC : August 20 ,� RIVER �'
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Approved : Approved as to form and legal sufficiency :
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ep A . i d, ounty Administrator Dylan Reingold , County Attorney
Signed , sealed 'vered in the INEOS NEW PLANET BIOENERGY, LLC
presence of: ("Company")
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Print name .
Print name : 61AAS Print title :
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