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Home My WebLink About0196 r (80) Mut 3518 3610~`7 THIS AGREEMENT, m~de this 17th day ot SepteIDber 19 , ~~et„~ec.n HAYNSS-SDSALL GRdVBS #II, 8dsa11 Graves, Inc., Agent (K-54S-9) ~t Route #1, Box 301, Vero Beach~ Florida 32960 (hereinatler cnlled the Grower), ~nd TROPICANA PRnDU("I'S, IN('., of Br:~denton, t'lorid:~, Ihc Buyer. WITh F.SSF.TH _ That tLe Grwver. for and in consideration oi the payments received and to be reeeived. a~ 6ereinafter reeited has agreed and dces hereb~ agree to sell to tae Buyer all eut~. midseason snd Valencia oranges of~oo~ wholesome. menhantable. and marketable quality firom the grove or groves heninafter meatioaed. The truit to be purehaeed. all o~ which fruit ia to be of good. wAolesome, merehantable and marketabie`qwlity. is as follorvs: All of the VAI.BNCIA ORANGSS in the Haynes-Edsall Groves #II Grove knawn as BLOCR #2, located approaimately one-half mile north of corner of Rings Highway and Airport Road, being in St. Lucie County. For further information see ADDEND~! attached. Advance to be at the rate of 80X. of guaranteed price, or of the Buyer's spot market price per pound of 8olids at time of deliverq, whichever is greater. No ftuit irom any ot such groves is to be soW ar delivered by the Growet to anyone other tLaa the Buyer, wit6oat Buyer a written permission aad this entiresgreement is to be a tien upon the fruit produted in the sbove grove or grnves. irrespective of sny subsequent tnnster oi titk to tLem. In the event ot an~ attempt to so sell to snot6er. the Buyer shaU be entitled to injunetive relief and if any ~ueh sale or deliver~ is ooosummated. the Grower s6aU pay to the Buyer Gft~ ti.b0? oenta per boz far eaeh box thus sdd or delirered. tbe parties agreeina tLsi such is s fair estimate at the loss to Bn~er for ta~7ure to obtaia sueh bw~es of fruit. U 5re. stn7ce. Act ot Gad. etc. preveats Bu~er 6~om aaepting aa~ oi Grower's fruik Bu~er wrill permit Grn~rer to sep else~vvhere t6e amount of fruit that Buyer is so prevented from aaoepting. , 1Le fruit is to be pkted b~ Growa and is to be delivered by Graver W Bn~er'a prooessing plant. Ia t6e event t6at. through c~umsynees be7ond 1us oant~'d. the Gcower s}iall be unable to pic~ and laad We fruit, the Buyer ahall bsve the rigbt to do so c6ugiag the Gtower for s~eb serviee st Bu~er's eost. In tbe event thst, for reasona beyond Grwver's ooatrol. Gro~ver shall be uaable to tnaspoK the frui~ Buyer shaU 6ave tLe riaht to tt~losport the fruit et~arging the grower for suc6 eervioe per ainety (901b.) pound box. In both casea, this s6all be Bn~er's rigut, but not obli6atioo. T~e intit is to be pielced and delivered ss and wbea deaignated b~ Buyer but in thia respect t6e Buyer w~l ss mae6 ss poss~ble, but not to hinder his operatton, aoeommodat~ himself to oonvenience of Grower. T6e $uyer ahall bave ~he righ~ but °°t tLe °Wigstioq to ~~8 de6~; ~ 9S°. Ae shs11 hsve t6e right. but not the obligttion, to take truit 6aving s Btiz aeid ntio af bwer Lbaa 1! to 1 up to Jsauary 10~ eseh growrinS season ind bwer thaa 12 to 1 after Jaauary 1 of each grow+ing seseon. No fruit w3U be delivered nnder eoatraet aftet Jal~ 15 af cvrreat season wnt6oat eonsent of Buyer. Buyer will not be required to Wce aay Temples. Moreotb, Tan~ebs. ar Navel Oranges. Except for the 1977-78 seseon whfch is gaverned by paragraph 3 above. T6e irutt is to be paid for as followa: Tbe Bnyer w~71 sdvanoe the Gro~v eekly 1'ar aQ fruit delivered during that week at the nte ot v 8096 ot Burera' spot nurlcet p~ioe per pout~d ot ~o,{ids at tbs time af deliv ' is b be knorvn as t6e 'Ye~tative price. " In the event t6at tl~e fruit hse been Qiel~ed ae traosported. or bot6. bp tbe Buyer. tbe for suc6 servioe as set forth above are to be deducted from the "testat+vepnos "betoce pa~meat is made. Tbe tmal prioe to be pai,d to th~ Gmv~rer ~viq be based upon the net amount received by the Bny~ tor the eYUed arange jnioe sold. AI[ fruit reeeived from stI sonroes (iacludin s ov?n oran buy) w~71 be wed in oompntin8 psxsand all w~7i ~e tsated g~~~ 8~• and sll the orangea t6ey may be determined as one ~ ~ ~9~7• Ttie pnoe [a~ fr~it eiassit~ed u euty and midsessoa iruit wiU tegor~ sad t6e prioe fa hvit eLsaiSed as lata season fruit wili be determined as a separate ategory. Tbe price tor the first eategoryr (ear17 snd mid~eason fruitj will be eamputed as fdlo.vs: tbe Buyer w~7t deduet from his net amount received (F.O.B. ~adaoton. Fbrida). ~ertain items at oost snd proSt as idbws: _ ~ ~ : _ ~ 1. For openting ezpeneea, inewding p4nt, storage. 6~n8~ t.86 per use at chiited jaice sold ~ i warebousing. seWn~. adminiitration ezpecses. eta ~ 2. Fae paduging materisls. market price of tLe facegoing items ! RETURN TO °r ~ ~s~8 as determined # prioes charged by attiliated tROPiCANA PRQDUCIS, 1NC. ~ 8~~~ ~ ~ ~ } a ~ee. - P.O. Box 338 °0mp`°`~'? s96 ot nec F.o.s- seUing prioe Sradep~q, fiarid~ 33506 ~ ~~~~:~e'~ac~~ ~acE 1~ ~