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Home My WebLink About0058 ~ ' ' 4184'7'7 Hut 2~2s ~ THIS AGREF.NlENT, made this th ~ay of .Tul~ 191$-, becween EDS L GRO'VBS INC R S Bdsall~ Jr ~ AQent (K-748-0) ~p Route 1~ Bpx 301~ Vt~rn RPaehi Flnrida ~2960 ~ Ihereinafter called the Grower), and TROPICANA PRODUGTS, INC., of Bradenton, Florida, the Buyer.: W ITNESSETH: That the Grower. for and in consideration of the payments received aad to be received as hereinaRer recited ha~ agned aad doea hereby agree to sell to the Buyer aU early, midaeaeon and Valencia oranges of good wholeeome, merchantable, and marketable quality from the grove or grovea hereinafter mentioned. The fnut to be purchased; all of which fi~uit is to be of good, wholeeome, merchaatable ' and marketable quality, ia ae follows: All oALENCIA ORANGES in the EDSALL GROVES, INC. GROVE known as BLOCK #10 located ' at the corner of Sumaerline Road and C-23 Canal in St. Lucie County. ` ~ Tropicana Products, Inc. Participation price to be no less than seventy-five ($.75) ' cents per pound of solids delivered for the 1978-1979 seasnn. (This Participatfon price spplies to the 1978-1979 season only.) If the Participation return is greater, Tropicana Will pay the difference in accordance to the terms as defined in contract. This agreement will continue beyond the 1978-1979 season under regular terms unless t eitLer party terminates it before June 30, 1979. _ Advance to be at the rate_of 80~ of guaranteed price or of the Buyer's spot marke[ price per pound of solids at time of delivery, whichever is greater. ~ Tropicana AAUL price to be twenty (20~) cents per 90~ weight box. i ~ I ~ ' No fruit from any of such groves is to be eold or delivered by the Grower to anyone other then the Buyer without Bnyer's ~vrittar ~ ? permieeioa and this entire agreement ia to be a lien upon the fruit produced in the above grove or groves, irrespectiveof any snbseqnent ! transfer of atle to them. Ia the event of aay attempt to eo sell to another, the Buyer shall be entitled to injunctive relief and if any s~ch ! ~ eale or delivery is aonsummated, the Buyer ehall be entitled to auch other relief as is allowed by the applicable law. U 5re, atrike, Act of God, etc. prevents Buyer from accepting any of Grower's fruit, Buyer wiU permit Grower to sell elsewherethe amountof ~rnit that Buyer { is eo prevented irom sooepting. The fruit is to be picked by Grower and ia to be delivered by Growrr to Buyer'a pr~cessing plant In the eveat that, through ' circumatance8 beyond hia control, the Grower ehall be unable to pick and load the fruit, the Buyer shall have the right to do so charging ~ the Grower for auch eervice at Buyer a coat. In the event that, for reaeone beyond Grower s control, Grower ahall be unable to transport ~ the 5-uit, Buyer ahall have the right to tranaport the fivit charging the grower for auch service per ninety (901bJ pound bo:. In both _ ~ cases, thia ahall be the Buyer's right, bat not obligation. The fruit is to be picked and delivered ae and when designated by Bnyer bnt in : thie reapect the Buyer will ea much as poeaible, but not to hinder hie operation, accnmmodate himeelf to convenience of Grnwer. The ~ Buytr ahall have the right, but not the obligation, to ta1~e fruit having degreee Brix lower than 9.5°. He ahall have the right, but not the ~ obligation, to take fruit having a Briz acid ratio lower than 11 to 1 up to January 1 of each growing season and lower than 12 to 1 after January 1 of each growing season. No fruit will be deiivered under contract after July 15 of current eeason without rnneec~t of Buyer. ~ Buyer will not be required to take any Temples, MurcotLe, Tangelos, or Navel Orangee. ~ € ~ The fruit ie to be paid for aa followe: The Buyer will advance the Grower weekly for all fruit delivered during that week at the rate of 8096 ` ~ of Buyera' spot matket price per pound of eolida at the time of delivery_ Thia is to be known as the "tentatiuepric~e."In theevent that the ` r fruit has been picked or tranaported, or both, by the Buyer, the charges for guch aervice as aet forth above are to be deducted from the ~ "lentatiue price" before payment ia made. The final price to be paid to the Grower will be baeed upon the net amount received by the } Buyer for the chilled orange juice sold. All fruit received from al1 sourcee (inciuding'llropicana'a own orangea, and all the orangea they ~ may buy) vrill be used in oomputing price and all auppliers wili be treated equally. The price for fruit clasaified as early and midaeason ~ fruit will be determined ae one category and the price for fruit clasaified aa late aeason will be determined aa a separate category. The ~ price for the firat category (early midaeason fruit) will be computed aa followa: the Buyer wil) deduM from hie net amount rereived ~F.O.B. ~ ~ Bradenton, Florida), certain itema of coet and profit as follows: { x ~ - ~ - _ ~ 3 1. For operating e:penses, includina plant, storage, freezinR, S.R5 per case of chiUed juice sold { wamhousing, aelling, administration expensea etc. ' Ptt~'"`~~ market price of the foregoing ~ ~ •l_ For packaging materials. T~~j~~,r,~~yA FKGD~Ci$, (hC. itema or aimilar pacicaging as ; F.O. Box 338 decermined by Buyer (~oc to be ~ 3. Profit 1~ F~Q~ ~ determined by prices charged by , ~ flUOK v~+ Y~ Bradenton, F{orida 33506 et~uecea ~m~~~?. ~ 3'~6 of net F.O.B. selling price ~ . _ _ . _ - _ - - - - - _ rt - ~ , ~ - ~ , ~ ~ ' ~ ~ - ~ ~ + . ~ ~~`3 s