HomeMy WebLinkAbout2016-198 EIGHTH AMENDMENT TO
FEEDSTOCK SUPPLY AGREEMENT
THIS EIGHTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT
("Eighth Amendment") is entered into as of this 22 day of November,2016,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
Eighth Amendment shall have the meaning set forth in the Parties' Feedstock Supply Agreement,
the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth
Amendment, Sixth Amendment,and Seventh 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"); by the Sixth Amendment to Feedstock Supply Agreement, dated August 20, 2013
("Sixth Amendment"); and by the Seventh Amendment to Feedstock Supply Agreement, dated
December 17,2013 ("Seventh Amendment");
WHEREAS, in section 2 of the Seventh Amendment, the District extended the
temporary license for INEOS 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 March 31,2014;
WHEREAS, as a result of excessive vegetative debris generated from Hurricane
Matthew, the Parties desire to allow the use of the District "Vegetative Waste Management
Area" for the receipt and management of Vegetative Waste from October 10, 2016 until
December 31,2016 to allow the INEOS Facility Site to return to normal operations; 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 Seventh Amendment. The following language of
section 2 of the Seventh Amendment: "The second sentence" is hereby deleted and
replaced with the following language: "The first sentence"; The following provision
of section 2 of the Seventh Amendment: "The term of this license shall terminate on
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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." is hereby deleted in its entirety and replaced with the
following language: "The term of this license shall commence on October 10, 2016
and terminate on December 31, 2016, 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. INEOS agrees to remove all
chipped material from the District Vegetative Waste Management Area less any
beneficial reuse material due to the District."
3. Other Provisions. Except as amended herein and in the First Amendment,
Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth
Amendment and Seventh Amendment all remaining provisions of the Feedstock Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, this Eighth 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: 0 At M/S
G'
Deputy Jerk J�;ty, s �,• eph E. Flesc ier, Chairman
• abd by BCC: November 22 , 2016.
Appr ed: / Appkofed as to form and legal sufficiency:
Jason . Br wn,County ministrator Couti•D eingold,County Attorney
Per R=1
s tion 2016-127 and
Proclamation Declaring Emergency, INEOS NEW PLANET BIOENERGY, LLC
dated October 6, 2016 and Proclamation ("Company")
Declaring and Extending Emergency,
dated October 13, 2016, October 20, 2016, c'
October 27, 2016, November 3, 2016 and
November 10,2016 By. ` r
Print name: Pav jQy�S L
Signed, sealed and delivered in the g
pros of: Print title: S�dtP.,.r�
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