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Home My WebLink About0167 i~ ~ 3so ~~9 c80~ Non-?!ut 3247 THIS AGREEMENT, m~de this 16th day of AuguBt 19~~ 1?etween W. C. GRAVES, III (R-412-9) p~ Route 1, Box 257, Vero Beach, Florida 32960 (hereinafter i:~llcd the Grow~erl, and TROPICANA PRODUC'I'S, INC., ot Bradentun, Florida, the Ruyer. WITNF.SSF.TH: T6at the Gmwer. fac and in eonaideration ot the pspmenta received aad to be received. as dereinafter recited has agreed and dces 6ereb~ a~ee to sell to the Buyer all early. midaesson and Valeneis onnges otgood wholesome. merchantable.aad marketable quality trom the arove or groves 6ereinaftes wentioned. The fruit to be pnrehased. all oi w~hich ~ruit is to be of good. whdesome. merchantable and martetable qudit~: is as follows: All bA1~Q.IN, PINBAPPLS and oALSNCIA ORANGBS in the W. C. GRAOES,III GROVBS kaawn as: GRAVSS QtOVS located in St. Johns Drainage District off Oslo Road, turn left at Pump- ing Station #3. LBGAL DBSCRIPTION: N 1891.17 ft., S1991.17 ft. in Sec. 31, Twp. 33, Range 39E, less road right-of-way; GRSSN GRdVB locatzd on Ludwig Road; I~IcANNBY GROiVS, STORM GROVB ROAD, and C~RRY LANB ROAD GROVB, all being in Indian River County. The LAWRY GRO~VB being in St. Lucie County. For further information see ADDSNDDli attached. This contract begins vith the 1977-1978 season, and cancels Participation Contract - #R-176-9. i Advaace to be at the rate of 80~ of guaranteed price or Buyers' spot market price { pe poynd of soli~s at ~im~o~f de}~ve~r~~ w~ i~hever i~ greate~. y y t ~ fnut irom an~ of a groves ~s to ue e v ~ rawer to an one other tdao the Bu er. without Bu er s written ~ permission and tbis ent~+eagreement ia to be a lien upon the fruit produeed in the above grove or grovea. irrespective of any aubsequent , transfer of title to tbean. In the event d an~ sttempt to so sell to anot6er. tlie Buyer shall be entitled to injunctive nGef and it any such sale ar deliver~ is toosammated. t6e Grower shall pay to the Buyer fifty (t.50) eents per bwc far each bo: thus sold a delivered. t6e parties agreeiug that weh is a faQ estimate oi the loss to Bn~er toc failun to obtain such bo:es d lr~it If fir~e. atrike, Act of God. etc. preveats Buyer Irom aooepting sn~ a[ Grower's truit, Buyer will permit Gmwer to sell eleewhere the amount oi fruit that Buyer is ao prevented from aoapting. T6e fruit is to be pieked by Growet and is to be delivered by Grwver to Buyer's proees~ing plan~ In the event that, thmugh ~ w~enmstancea beyond his eontrd, t6e Gro+ver shall be unabk to pick aad losd the frui~ the Buyer shall have the right to do so charging the Grower fae soeb service at Buyes's oost. In the event thst, for reaaons beyond Gmw~er'a control. Gtower abaU be unable to transport the frnit~ Bur~ aball 6sve tbe rigDt to transport t6e iruit eLar~ng the grow~ for sue6 aervioe per ninety (901b.) pound boz. In both eases. this s6all be Bn~er's rig6t, lwt not obtigation. T6e tnrit is to be pieked snd delivered as and whea designsted by Buyer but in this respeet the Bnye~r w~7! as mue6 as pos~ible. bot not to hindet 6is aQeration. a~oommodste lumsetf to oonvenieace of Grnwer. The Buyer ahall 6sve tbe ri~ht, bat not t6e obligation. to W~e fruit having degrees ~iu io~v~ t6an 9.5°. He shall hsve tLe rig6t, but oot the obligation. to take iruit hsvins s Briz add ntio of lawer than 11 to 1 up to Jaawrp 1 of eac6 growing season and lmver than 12 fo 1 aEter January I of each ~ growing ~easoo. No fruit w~71 be ddiva~ed undet oontraet aftar Jaty lb ot eurrent season ~ritbont conaent of Bayer. Buyer will aot be required to tateaq~? T~ ld~ootta. ~ ae Navel Oranges. Except for ihe 1977- 8 through 19 9-80 seasons whic are goveraed by aragraph 3 abwe. The fruit is to be paid tor as fdbws:-T4e Bnyer w71 advanee t~ Grow cekly tor all fruit deliv~during that w~eek at the nte oi 8090 of Bnyers' spd market prioe per pound of solids st the time a~ deliver~r ' is to be known as t6e 'Ye~tativs price. " In the event tiwt ~ the iruit has been picked ur transported. ar both. b~ tbe Buyer. t6e eharges or sne6 servia ss set tatb above are to be dedueted from the "testatiroepncs " befoee pa~meot is made. The Snal prie~ to be paid to t6e Grow~ wn71 be based upoa the net aaaunt received by the mE Bu~er tar tLe e~led orange juioe soW. All tr~it reoeived trom aU souroea tinelnding 1~opiaos's own onagea. and all the orangea t6ey may ~ bul) will be used in oomP~~B P~ and all anppliera will be treated equ~ll~. The prke foe truit elassi5ed as early and midseason fruit will ~ be determi~ed as ooe ute~o~r and the prjoe for fr~it elaaai5ed as 4te'es~oa truit w01 be determined as a separste ntegory. T6e priee for the fast ca (eul~ and mid~on bvit) wt~l be eomputed as tdlo~vs: the Buyer ~t deduct from tis net amount received (F.O.B. Br~dentoo.~l~l. eeztain iteoos at eost and pro6t as idbws: 3 _ ~ F ~ 1. For openttn8 ezpen~es. ine]udin8 P~k ~ee. ~reean8. i.85 per es~e of cl?illed juice sold ~ ware6ousing. sellins. administrstion e~enses, et~e. 2 Foe pael~asioa materLls. a k~e~ ot the to~egoius~mined b~ Buyer (~not~to b~e determined b~ priees e6ar~ed -br sftiliated 8. PraGt. • ~ 3!b a~t n~et) F.O.B. sellin6 P*~ ~ t ''~~~~~1 A 3