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Home My WebLink About0956 cso~ 32Oo i O l~iut 1713 w ' ~ THIS AGREEMENT. made tlits~ ` ?bth day of Aug~t 19_75 t,ecween D F S REALTY, INC. , i~Iilliam Weilbacher, President (A-B17•7) • ot 347 Madison Avenue, Nev York, N. Y. 10017 t hereinafter called the Grower), and TROPICANA PRODUCI'S, INC., of Bradenton, Florida, the Buyer. WITNES3ETH: That the Grower. for and in rnnnideralion ot the payments received and to be received, aa hereinafter recitea. hes egreed and does hereby aaree to sell to the Buyer all early. midseason and Yalencia oranges of good wholesome, merchaatable and marketaWe quatity from the grove or~ro ves hereinafter mentioned. 1'he truit to be purrht~eed, all ot which intit is to be oi goad~ wrholesome, memhantabie and marketabie quality. is as tollows: All AAI~IN, PINSAPPLE and VALSNCIA ORANGBS in the DFS RBALTY, INC. GROVB knawn ae the SffitGSANP GROVS located approximately twelve miles west of Ft. Pierce on Header Canal Boad, being in the south one-half of Section 23, St. Lucie County. I No fruit irom aay ot sueh grovea is to be sold oc delivered by the Grawer to anyone other tban the Buyer. without Buyer's written permission and t6is entire agreemeat ia to be a lien upon the fruit produced in tLe above grove or groves. irrespective of any subsequent ~ trans[er ~ titk to them. In lhe eveat ot anq sttempt to so aell to anot6er, tbe Bnyer a6a11 be entit~d to injuixtive relief sad it any aueh aale or ; deGvery is oonaummated. the Grorver shall pa~ to tl~e Bnyer fifty (=.50) oents per boz fac ~ch boz t6us sdd ac delivered. the PaKies agreeu?8 ~ that suc6 is a faa estimate of t6e losa to Buyer for failure to obtain suc6 bozes ot frui~ If Sre, atr~e, Ad ot God. etc. prevents Buyer h~wa acceptiog sny of Grower's fruit, Buyer w~i permit Grrnrer to aell elaewhere t6e amount of fruit thst Ba~er is so prevented from aeeepting. ~ The fruit ia to be picked by Grower snd is to be delivend by Gro+ver to Buper's prooessing ~ In t6e eveat that, throngh circamstanees ~ t~eyond his eontrol, the Grower ahall be unable to piek snd laad the fruit, tbe Bu er s6a116sve t~right to do so. ebargina the Grower t~ suc6 serviee at Buyer'a eoat, In the event tl~a~ for reaaona beyond Gm~+rer's eontrd. ~rower s1uU be unable to transport the fruit, Buyer shall have ~ he right to transport t6e fivit eharging tLegro~~ver foe~ sueh servica per ninet,l (901b.) Pouod boz In bot6 ea~a. t6is shaU be Buyer's right, bnt not obligation. The frnit is to be pieked and deliveced ss snd wbep~~ ted by Buyer bnt ia this respeet 1be Bayer w~l as much as poasible. but not to lund~ hiso~a tion. aooommodate himself to convenieaoe of~rower. Tbe Buy~ sball 6ave t6e rig6t, but not the obli~ation. to take [ruit baving degre~ BriZ bw~ t~ 9.b°. ~ shaU hsve t6e but not the obligalion. to take fruit having s Briz seid ratio o~bwer than 11 to 1 up to Janwr~r 1 of euh srowing sesson sod lowe~ t~w 1 to 1 after Januar~ 1 of ~eh growing aeason. No frnjt wn~l be delivered under contrset after Juljr 15 0[ eurreat season wit6out consent of Bu~er. Bu~r~ w71 not be required to take aa~ Temples. Mnnotts. 1Lngelos. or Navel Oranges. The fruit is to be paid for as toUmvs: The Buyer ~rill advsnce tbe Grwver weelcly f~ all fr~t defivered durin~ that week at the rate of ~09b of Buyers' spot market price per pound of sdids at the time ot de6ver~ .1Lis is to be known as tbe "te~stotive pr~c~e, " In the event ~6at the [ruit has been icked ar tranaported, ot both, b~ the Buyer. the charges tor sueh servioe as aet farth above are to be dedueted from the "tentative a th ~ price" be ~re payment is made. T6e 6na1 priee to be paid to tbe Gro~ver will be ba~ed upor~ the amount ntieived by the Buyer [oar~the chilled ~ orange ~~ice sold. AU fruit reeeived trom all aourees lL~cluding~yr~p,eana s w.n aranges, and all t6e oran~ea c6ey may buy) w~iU be used in ' r_ompu4ng pnce and aq supp6era will be tseated eqwlly. The Qrioe fruit classiSed aa esrly and midseason fruit will be determined u oae ~ cstegory and the price tor fruit elaasif'ied as late season frtrit wnll be determi~d as a aepuste ca~o~y~ The priee [or the fvst ateB'orY (eul y ~ a nd m'idseason frwt) ~vill be canputed aa Idbwa: the Buyer will deduet trom his selling price ~(F.O.H. ~radenton. Floridal, eertain items of cost ~ and prnfit as [ollowa: ~ ~ g 1. Far operating expenses, inclwlin~ plank storage. ~a8. i.78 per caae o[ chilkd jniee sold warehousing, seWng. adm'snistration ezpeases. ete. muket price~~[oregoing~ 2. For packaging materials. or sim~7arpa as de br Buyer (~ot to be determincd b~ • priees e6arged b~ attil'uied P~niesl ~ 3. ~,.o~~, "'~YROPICANA PRODUCTS~ INC, ~ F.o.a ~u;~g ~ P. o. Box ~s ° R 245 pacE 95 BRADENTON, FLORfQA 600K 1 3 3so 6 ~ ~ , - _ - - _ , . - - - - - - - - - :3 _4 _