HomeMy WebLinkAbout2013-258 ) a ) 11 / / 3
SEVENTH AMENDMENT TO 15066 to
FEEDSTOCK SUPPLY AGREEMENT c; /3 " 058
THIS SEVENTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT
(" Seventh Amendment") is entered into as of this L7± hday of December, 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 Seventh Amendment shall have the meaning set forth in the Parties ' Feedstock
Supply Agreement, the First Amendment, Second Amendment, Third Amendment, Fourth
Amendment, Fifth Amendment or the Sixth 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"), by the Fourth
Amendment to Feedstock Supply Agreement, dated March 19, 2013 (" Fourth Amendment"), by
the Fifth Amendment to Feedstock Supply Agreement, dated May 21 , 2013 ("Fifth
Amendment") ; and by the Sixth Amendment to Feedstock Supply Agreement, dated August 20,
2013 (" Sixth Amendment") ; and
WHEREAS, in section 2 of the Sixth 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 December 31 , 2013 , and which date the Parties desire to extend in this Seventh
Amendment to March 31 , 2014 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
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restated herein .
2 . Amendment of Section 2 of the Sixth Amendment. The second sentence of
section 2 of the Sixth Amendment is hereby deleted in its entirety and replaced with the
following language : "The term of this license shall terminate on March 31 , 2014, unless the
license is terminated sooner as a result of a Party ' s failure to comply with the requirements
herein or if the parties mutually agree to terminate before the end of the term . "
3 . Other Provisions . Except as amended herein and in the First Amendment,
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Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment and Sixth
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Amendment all remaining provisions of the Feedstock Agreement shall remain in full force and
effect .
IN WITNESS WHEREOF, this Seventh 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")
By : pb1MlSS ' . B
Deputy Clerk :Jam . /n�F �;; , y Peter D. O ' Bryan , airman
* : * �tApproved by BCC : r)p(`pmbPr 1►7 , 2013 .
Approved : o�=Approved as to form and legal fficiency :
: � .
'2a C I�R COUi •
J eph A Baird, County Administrator Dy an Reingold, County Attorney
Signed, sealed and delivered in the INEOS NEW PLANET BIOENERGY, LLC
presence of. ("Company")
Print name .
By :
Print name : u eotomto OMOL r 6
Print name : Print title : s. &4 ,/.ffFw
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