CN-370000-EX005-A26.pdf

This is Amendment No. 26 to DEP Contract No. EXC005, a closure construction services agreement entered into on May 23, 2002, between the State of Florida Department of Environmental Protection (DEP) and Mosaic Fertilizer, LLC. The contract has undergone multiple amendments since its original execution, with this amendment dated February 18, 2020. The contract pertains to environmental remediation and closure activities at the Mulberry phosphate processing site in Florida.

The amendment addresses process water management and closure construction services related to the Mulberry South Gypsum Stack (SGS) and associated facilities. The contractor is responsible for managing, transferring, and removing process water from Mulberry until closure completion, with a Water Management Fee structure of $15.76 per 1,000 gallons for the first 300 million gallons transferred and $21.16 per 1,000 gallons thereafter, capped at a Maximum Water Management Fee of $29,516,159. The amendment extends the contract end date from January 31, 2026, to July 31, 2076, and establishes a revised watershed reduction schedule with closure completion targeted for January 31, 2026, when the remaining 0 acres of the watershed area are fully closed. The contractor must provide monthly water management reports including rainfall data, pond water levels, and water volumes, with additional requirements for dike and pond bathymetric surveys twice annually. The amendment specifies that the Water Management Fee will not increase through the end of the contract term, and any process water management costs during the Long-Term Maintenance Services period shall be governed by section 6(e) of the original contract.