Filed by Bowne Pure Compliance



 





Exhibit 10.3




ADDENDUM AGREEMENT




THIS ADDENDUM AGREEMENT (“Addendum Agreement”) is made this 17th day of April 2007, by and between
US ECOLOGY NEVADA, INC., a Delaware Corporation and successor in interest to US ECOLOGY, INC.,
formerly known as NUCLEAR ENERGY ENGINEERING, INC. (“LESSEE”), and the STATE OF NEVADA, DIVISION OF
STATE LANDS, on behalf of the DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES (“LESSOR”) and
modifies the Lease entered May 1, 1977.



WITNESSETH:




WHEREAS, LESSEE has been utilizing this site for the storage and disposal of hazardous
materials and substances since January 5, 1962; and



WHEREAS, LESSOR and LESSEE, on May 1, 1977, entered into a Lease (hereinafter the “Lease”) for
a definite term of years followed by a ten year extension, whereby LESSOR leased to LESSEE certain
real property in Nye County, Nevada (hereinafter the “SITE”); and



WHEREAS, LESSOR and LESSEE have entered into two previous Addendum Agreements, one dated
December 7, 1979, and one on March 28, 1988 and the parties entered into a Settlement Agreement on
September 24, 1993, which amended the terms of the original lease; and



WHEREAS, said Settlement Agreement on page 18, paragraph 8, recites in part, “...US Ecology in
its sole discretion may exercise its option to extend the Lease...until such time as the Beatty
Facility has reached its full capacity...”; and



WHEREAS, LESSEE has exercised its right to extend the term of the Lease based on LESSEE’s
exercise of its Option to extend the term of the lease, and the LESSOR has agreed to extend the
term of the lease; and



WHEREAS, LESSEE has been issued a 5 year permit by the Nevada Division of Environmental Protection
on April 29, 2005, which will expire on April 29, 2010 subject to timely renewal; and



WHEREAS, the SITE has a remaining useful life as a hazardous waste disposal facility for
approximately twenty (20) years; and



WHEREAS, LESSOR and LESSEE agree that it is mutually beneficial to continue under the terms of
the AGREEMENT; and



WHEREAS, LESSOR has determined that the Rents and Fees do not need to be adjusted at this
time; and



WHEREAS, LESSOR and LESSEE desire to continue the Lease on a year-to-year periodic tenancy, which
will terminate when the facility reaches full capacity or when terminated by either party, as
provided below;



NOW, THEREFORE, in consideration of the above recitals, the mutual covenants set forth below, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, LESSOR and LESSEE agree as follows:



AGREEMENT:




1. Recitals. The above recitals are an integral part of the AGREEMENT and understanding of
the parties and are hereby incorporated by reference.



2. Specific Lease Amendments. Effective as of May 1, 2007, (the “Effective Date”), the terms
of the Lease are amended as follows:



a. The Term of the Lease shall continue as a year-to-year “periodic tenancy” beginning May 1,
2007 continuing to May 1, 2008. The year-to-year term will continue thereafter until such time
that the facility is at capacity and can no longer accept materials for disposal, or it is
terminated by LESSEE at its option, upon giving a NINETY (90) day written notice to terminate, or
it is terminated by the LESSOR in accordance with section 14, Violations, of the Lease.


 


 









 





3. Effect of Addendum Agreement. Except as modified by this Addendum Agreement, the Lease,
and all amendments to the Lease, shall remain in full force and effect. In the event of any
conflict between the terms of the Lease and this Addendum Agreement, this Addendum Agreement shall
control. This Addendum Agreement shall not be effective and binding unless and until it is fully
executed and delivered by both LESSEE and LESSOR.



IN WITNESS WHEREOF, the parties hereby have executed this Addendum Agreement to Lease as of
the day and year first written above.



LESSOR:

STATE OF NEVADA

Division of State Lands




	 	 	 	 	 
	By:

	 	/s/ Pamela B. Wilcox
 

Pamela B Wilcox
	 	 
	 

	 	Administrator and Ex-Officio State Land Registrar	 	 






	 	 	 	 	 	 	 
	STATE OF NEVADA

	 	 	)	 	 	 
	 

	 	 	 	 	 	:ss.
	CARSON CITY

	 	 	)	 	 	 






On April 26, 2007, personally appeared before me, a Notary Public PAMELA B. WILCOX, Administrator
and Ex-Officio State Land Registrar, Division of State Lands, who acknowledged that she executed
the above document on this date.



	 	 	 	 	 
	 

	 	/s/ Colleen Butler
 

Colleen Butler
	 	 
	 

	 	Notary Public	 	 






LESSEE:

US ECOLOGY NEVADA, INC.

A Delaware Corporation




	 	 	 	 	 
	By: 

Printed Name:

	 	/s/ Stephen A. Romano
 

Stephen A. Romano
	 	 
	Its:

	 	President	 	 






STATE OF      IDAHO               )

                                                  :ss.

COUNTY OF   ADA           )




On April 17th, 2007, personally appeared before me, a Notary Public Stephen A. Romano, in his/her
capacity as President for US Ecology Nevada, Inc., who acknowledged that he/she executed the above
document on this date.



	 	 	 	 	 
	 

	 	/s/ Carol Ann Henson
 

Carol Ann Henson
	 	 
	 

	 	Notary Public — Commission Expires 7-2-2011	 	 






APPROVED as to Form:



CATHERINE CORTEZ MASTO

Attorney General



	 	 	 	 	 
	By:

	 	/s/ William Frey
 

William Frey
	 	 
	 

	 	Sr. Deputy Attorney General