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HomeMy WebLinkAbout0061 . • (80) ~184'78 Mut 3518 THIS AGREEMENT, made this 31st ~ay of July ts_78 becween ~iAYNES ac EDSALL GROVS #2~R. S. Edsall~. Jr., Agent (R-796-0~___ of Route Box 301. Vero Beach, Florida 32960 ~ lhereinafter called the Grower), and TROPICANA PRODUCIS, INC_, of Rradenton, F'lorida, the Ruyer. W ITNESS~'TH: That the Grower. for and in coneideration of the payments received and to be received ea hereinaRer recited has agrecd and dcee hereby agree to seU to the Buyer all early, mideeaeon and Valencia orangee of good wholeeome, merchantable, and marketablequality from the grove or groves hereinaRer menlioned. The fruit to be purchaeed, all of which fn~it is to be of good, wholeeome, merchantable and marketable quality. is as tollows: ~ All VALENCIA ORANGES fn the HAYNSS b EDSALL GROVE #2 located approximately one- half mile north of Airport Road and Turnpike Feeder Road, being in St. Lucie County. Tropicana Products, Inc. Participation price to be no less than eighty ($.80) cents per pound of solids delivered.• (This Participation price applies 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 either party ter- minates it before June 30, 1979. Advance to be at the rate of 804G of guaranteed price, or of the Buyer's spot market price per pound of solids at time of delivery, whichever is greater. i ~ ' No fruit from any of ench grovee is to be eold or delivered by the Grower to anyone other than the Buyer without Buyer e written permisaion and this entire agreement ie to be a lien upon the fruit produoed in the above grove or grovea. irrespective of any aubeequent i tranafer of tide to them. In the event of any attempt to eo eell to another. the Buyer ehall be entitled b injnnctive relief and if any auch ~ sale or delivery ia ooasummated. the Buyer shall be entitled to such other relief ea is allowed by the applicable law. If Sre. strike, Act of ; God, etc. prevmta Buyer from accepting any of Grower's fruit, Buyer wiA permit Grower to gell elBewhere the amount of fruit that Buyer ~ ia eo prevented from aocepting. ~ The fruit ie to be picked by Grower and ie to be delivered by Grower to Buyer's proceasing plant In the event that, thmugh circumetancea beyond hia oontrol, the Grower shall be unable to pick and load the fruit, the Buyer ehall have the right to do eo charging the Grower for euch eervice at Buyer'a oost. In the event that, for reaeons beyond Grower s oontrol, Grower ahall be unable to tranaport the fruit, Buyer shell have the right to treneport the fivit charging the grower for auch service per ninety (901b.) pound box_ In both ~ ceses, thie ahall be the Buyer e right. but not obligation. The fruit ie to be picked and delivered ae and when deeignated by Buyer but in ~ thie reapect the Buyer will as much aa poseible. but not to hinder hie operation, acoommodate himeelf to coavenience of Grower. The ~ Buyer shall have the right, but not the obligetion, to take firait having degreee Bri: lower than 9.5°_ He ehall have the right, but not the ~ obligation, to take fruit having a Brix acid ratio lower thsn I 1 to 1 up to January 1 of each growing season and lower than 12 to ! after January 1 of each growing eeason. No fruit wi11 be delivered under rnntract after July 15 of current eeason without rnnsent of Buyer. ~ Buyer will not be required to take any Templee, Murcotts, Tangelos, or Navel Orangea. ~ The fruit ia to be paid for as followe: The Buyer will advAnce the Cirower weekly for all fruit delivered during that week at the rate of 8(?~0 ' ~ o! Buyers' spot market price per pound of eolida at the.time of delivery. Thia ia to be known as the "tentotiveprice."In the event that the " fruit hea been picked or tranaported, or both, by the Buyer, the chargea for auch eervice aa eet forth above are to be deducted from the _ "tentative pricd' before payment is made.'l7~e final price to be paid to the Grower will be baeed upon the net amount rec:eived by the ~ Buyer for the chiiled orange juice sold. All fruit received from all sources (including 7`topicana e own orangea, and all the oranges they ~ may buy) will be used in oomputing price and all auppliers will be treated equally. The price for fruit claesified ae early and midseseon ; fruit will be determined ae one category and the price for fruit clasaified as late seaeon will be determined se a separate category. The : € price for the firet category (early midaeason fruit) wiU be computed as foilowa: the Buyer will deduct from hia net amount received (F.O.B. • R Bradenton, Florida), certain itema of cost and profit as f~llowa: , E u ~g 8 ? ~ ~ . ~ 1. For operating expenaee, including plant, storage, frnezing, =.fi5 per case of chilled juice auld ` ~ ~ warehouainq, selling, adminislration expensea elc_ ~ RE1U~~r` Tu market price of the foregoing -2. For packaging materiale. 7R0~~~A~A PROOUCTS, ~~i~'• items or aimilar packaging as ' + P.O. BOX 33S determined by Buyet (not to be 3. Profit determined by pricee charged by c~„+,~~ f~" ~ Bra~en:Ofi, f;ors~:a 33~v~ affiliatedwmpanies). . p 3~6 of net F_O.B. aelling price ~ . _ x, ~~.TC r z ~ . _ _ . - - ~ , - , l . _'"~.~"~a*~- a- -:s,~-Z r.~~--~ ip'-'n~a~ ~,~x~ ~~u,~ . w - _ ~~a':: '