A1-46304.pdf

This is Amendment No. 1 to DEP Contract No. EXC005, executed on June 19, 2002, between the State of Florida Department of Environmental Protection and Cargill Fertilizer, Inc. The amendment modifies the terms of the original contract that was entered into on May 23, 2002.

The amendment increases the mobilization/demobilization fee from $500,000 to $800,000, representing an increase of $300,000. Under the revised Section 7, the Department authorizes payment of a one-time mobilization and demobilization fee in an amount not to exceed $800,000. This fee is payable in full by the Department to the Contractor within forty-five (45) days after the Contractor's payment of the purchase price for the subject assets. The fee is calculated based on the purchase price the Contractor pays to the Mulberry bankruptcy estate for purchase of the subject assets, with the Contractor agreeing to consult with the Department regarding the bid amount prior to submission. All other contract terms and conditions remain in full force and effect.