HomeMy WebLinkAbout2013-094 tSee ljeG e
FIFTH AMENDMENT TO
FEEDSTOCK SUPPLY AGREEMENT
THIS FIFTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Fifth
Amendment") is entered into as of this ?l._ day of May, 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 Fifth
Amendment shall have the meaning set forth in the Parties ' Feedstock Supply Agreement, the
First Amendment, Second Amendment, Third Amendment or the Fourth 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
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 Fourth
Amendment to May 31 , 2013 , and which date the Parties desire to extend in this Fifth
Amendment to August 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 4 of the First Amendment. The first sentence of section
4 of the First Amendment is hereby deleted in its entirety and replaced with the following
language : "The District hereby grants a temporary license to INEOS to occupy and use the
District' s Vegetative management Area for storage of various stages of vegetative materials and
wood chips. " 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 on
August 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 Fourth
Amendment .
C:Do mennad.VdnVsVmehfaV"dStidngsir pormylmee tFihslOLKlOuedsi"k Agemr - 5th Amndme dx 1
li
3. Other Provisions. Except -as amended herein and in the First Amendment,
Second Amendment, Third Amendment and Fourth Amendment all remaining provisions of the
Feedstock Agreement shall remain in full force and effect
IN WITNESS WHEREOF, this Fifth 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")
OAA4*� p00A0000000GpBy : &4jm '• °y�'� MISSipNF 4C900 . l
Deputy Clerk :!;k*N* — •.• ph E. Flescher, Chairman
Approved by BCC : May 21 , 2013 .
Approved : roved as to form and legal sufficiency .
'° NRIVER CO '°
`'bbbbb04b0400 r0''O
?seph A. aird, County Administrator Alan . Polackwich, Sr. , County Attorney
ned , sealed and de ' d in the INEOS NEW PLANET BIOENERGY, LLC
presence o • � ("Company")
.,�
Print name * i7 A
By : (/V
Print name : 7ti
Print name : hsoi alsvits Print title :
C:UDowm mOSrrdgsUhmrhwiL"alSruigslTempoemylnte iFilesDLK10IFerdwckAgrmr - 51h Amend rm.dx 2