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Home My WebLink About2012-206 -466- THIRD AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT THIS THIRD AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Third Amendment") is entered into as of this 1'3 day of November, 2012 , 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") , and 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 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 the Parties, by this Third Amendment, desire to extend to April 30 , 2013 ; and WHEREAS, the first sentence of section 6 of the First Amendment provides that "The District shall charge and INEOS shall pay a fee (" 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 uses the scale and delivers Vegetative Waste to the Vegetative Waste Management Area, " ; and WHEREAS, the Parties desire to amend the aforesaid language of section 6, as set forth herein, 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 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 language : "The term of this license shall terminate when INEOS notifies the District in writing that INEOS ' own Facility and Facility Site are completed and ready to receive and Process Vegetative Waste, or April 30, 2013 , whichever occurs first, unless the license is terminated sooner as a result of a Party' s failure to comply with the requirements herein. " Feedstock Agrmt - 3rd Amendment 1 -466- THIRD AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT THIS THIRD AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Third Amendment") is entered into as of this 1'3 day of November, 2012 , 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") , and 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 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 the Parties, by this Third Amendment, desire to extend to April 30 , 2013 ; and WHEREAS, the first sentence of section 6 of the First Amendment provides that "The District shall charge and INEOS shall pay a fee (" 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 uses the scale and delivers Vegetative Waste to the Vegetative Waste Management Area, " ; and WHEREAS, the Parties desire to amend the aforesaid language of section 6, as set forth herein, 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 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 language : "The term of this license shall terminate when INEOS notifies the District in writing that INEOS ' own Facility and Facility Site are completed and ready to receive and Process Vegetative Waste, or April 30, 2013 , whichever occurs first, unless the license is terminated sooner as a result of a Party' s failure to comply with the requirements herein. " Feedstock Agrmt - 3rd Amendment 1 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 ($3 .00) for each out of county vehicle through March 31 , 2013 , and three dollars ($ 3 . 00) for each vehicle after March 31 , 2013 , that uses the scale and delivers Vegetative Waste to the Vegetative Waste Management Area. " 4° Other Provisions . Except as amended herein and in the First Amendment and the Second Amendment, all remaining provisions of the Feedstock Agreement shall remain in full force and effect IN WITNESS WHEREOF, this Third Amendment is executed by the authorized representatives of the Parties, as of the day and year first above written. INDIAN RIVER COUNTY SOLID WASTE ATTEST : Jeffrey R. Smith, DISPOSAL DISTRICT ("District") Clerk of Court and Comptroller By : —o „ nr w4s By : (� 0 400 Deputy Clerk ioGary C . eeler, Chairman ♦ V q Joe�: Approved by BCC : November 13 , 2012 . O Approved, 1: A roved as to form and legal sufficiency, •rrrrrrrrr�r TLLeph A. Baird, County Administrator Alan olackwic , Sr. , County Attorney Signed, sealed and delivered in the INEOS NEW PLANET BIOENERGY, LLC presence of: ("Company") Prin e : iWEL A lE/'4C �R� By: �'�c Print name . lGi✓I�i Print name . � 5'!w &AA5 Print title : �94 Feedstock Agrmt - 3rd Amendment 2 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 ($3 . 00) for each out of county vehicle through March 31 , 2013 , and three dollars ($ 3 . 00) for each vehicle after March 31 , 2013 , that uses the scale and delivers Vegetative Waste to the Vegetative Waste Management Area. " 4. Other Provisions . Except as amended herein and in the First Amendment and the Second Amendment, all remaining provisions of the Feedstock Agreement shall remain in full force and effect IN WITNESS WHEREOF, this Third Amendment is executed by the authorized representatives of the Parties, as of the day and year first above written . INDIAN RIVER COUNTY SOLID WASTE ATTEST : Jeffrey R. Smith, DISPOSAL DISTRICT ("District") Clerk of Court and Comptroller ay1.N NYllpq ggqq Bye cyi: Bye Deputy Clerk o`� • ' ��!y: ary C . eeler, Chairman • vr � Ny p droved by BCC : November '„ 3 , 2012 . Approved : '; y A proved as to form and legal sufficiency: .QOM. ,so 0 �• FR COUNT ♦ � J eph A . Baird, County Administrator Alan . Polackwich, Sr. , County Attorney Signed, sealed and delivered in the INEOS NEW PLANET BIOENERGY, LLC presence of: ("Company") Print name : By : Print name : Print name : Print title : Feedstock Agrmt - 3rd Amendment 2 i 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 ($3 .00) for each out of county vehicle through March 31 , 2013 , and three dollars ($ 3 . 00) for each vehicle after March 31 , 2013 , that uses the scale and delivers Vegetative Waste to the Vegetative Waste Management Area. " 4° Other Provisions . Except as amended herein and in the First Amendment and the Second Amendment, all remaining provisions of the Feedstock Agreement shall remain in full force and effect IN WITNESS WHEREOF, this Third Amendment is executed by the authorized representatives of the Parties, as of the day and year first above written. INDIAN RIVER COUNTY SOLID WASTE ATTEST : Jeffrey R. Smith, DISPOSAL DISTRICT ("District") Clerk of Court and Comptroller By : —o „ nr w4s By : (� 0 400 Deputy Clerk ioGary C . eeler, Chairman ♦ V q Joe�: Approved by BCC : November 13 , 2012 . O Approved, 1: A roved as to form and legal sufficiency, •rrrrrrrrr�r TLLeph A. Baird, County Administrator Alan olackwic , Sr. , County Attorney Signed, sealed and delivered in the INEOS NEW PLANET BIOENERGY, LLC presence of: ("Company") Prin e : iWEL A lE/'4C �R� By: �'�c Print name . lGi✓I�i Print name . � 5'!w &AA5 Print title : �94 Feedstock Agrmt - 3rd Amendment 2