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Home My WebLink About0067 ~ 4181l80 Mut 2126 ca°~ THIS AGRI'sFMENT, made thie 318t dey af Ju~ 19 78 . becween EDSALL-DURRETT GROVE #2 ~ R. S. Bdsall_,_~r Agent (R-798-0) of Itoute 1. Box 301 ~.Vero Beach~ Florida 32960 (hereinafter called the Grower), and TROPICANA PRODUCI'S, INC., of BradenEon, I~lorida, the Huyer. W ITNES.SF.TH: That the Grower, [or and in ooneideration of the paymenta received and to be received as hereinaRer recited has agreed and does hereby agree to sell to the Buyer al1 early, midseason and Valencia orangee of good wholesome, merehantable, and markelablequality from the grove or gmves hereinaRer mentioned. The fnut to be purehased. all of which fruit is to be of good, wholeeome, merchantable • and martetable quality. ie as follovin: All VALBNCIA ORANGES in the EDSALL-DURRETT GRWE #2 GROVE located at northwest corner of Header Canal and Route 68, 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 pr2ce 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 vill continue beyond the 1978-1979 season under regular terms unless either party terminates it before June 30, 1979. Advance to be at the rate of 80~ of guaranteed price, or of the Buyer's spot market price per pound of solids at time of delivery, whichever is greater. ~ j . i ~ I No fruit trom any of such groves ia to be sold or delivered by the Gmwer to anyone other than the Buyer without Bnyer's written ~ permiesion and this entire agreement is to be a lien apon the fruit produced in the above grove or grovee. irrespective of any wbeequent ~ trander of tide to them. In the event ofany attempt to so seU to another. the Buyer ahall be entitled to injunctive relief and if any auch ~ sale or~delivery ie ooneummated, the Suyer sheU be entided to such other relief as is allowed by the appliceble law. If Sn. etrike. Act of God, etc. preventa Bqyer from aocepting any of Gmwer's fruit, Buyer wiU permit Growet to sdl elsewhere the amount of &uit thet Buyer is eo prevented from accepting. ~ The fruit is to be picked by Grower and is to be delivered by Grower to Buyer s proceeeing plant. In the event that, through ~ circumatances beyond hie control, the Grower shall be unable to pick and load the fruit, the Buyer shall have the nght to do 8o charging ~ the Gmwer for such eervice at Buyer'e ooet In the event that, for reaeona bcyond Grower'e oontrol. Grower shall be unable to transport p th~ fruit, Buyer shall have the right to tranaport the fruit charging the grower for euch eervice per ninety (90 Ib.) pound bo:. in both ~ casee, this ahall be the Buyer's right, but not obligation. The fnut is to be picked and delivered as and when designated by Buyer but in ~ thia reapect the Buyer will aa much as poseible, but not to hinder his operation, acoommodete himeelf to oonvenience of Grower. The Buyer shall have the right, but not the obligation, to take fruit having degreee Bri: lower than 9..5°. He shall have the right, but not the ~ obligation, to take fruit having a Bri: acid ratio lower than 1 I to 1 up to January t ot each growing aeason and lower than 12 to 1 after ~ January 1 of each growing season. No fruit will be delivered under contract after July 15 of current seaaon without conaent of Buyer. ~ Buyer will not be required to take any Tempies. Murrntta, Tangeloe, or ~Javel Orengea. The fi~uit is to be paid for aa follows: The Buyer will advarn:e the Grower weekly for all fruit delivered during that week at the rate of 8096 of Buyero' spot market price per pound of eolids at the time of delivery. Thia is to be known ae the "tentati ue price."In the event that the i fruit hae been picked or tranaported, or both, by the Buyer, the charges for such aervice aa ~et forth above are to be deducted trom the ` "tentatiue prire" before payment ie made. The final price to be paid to the Grower will be baaed upon the net amount received by the ~ Buyer for the chilled orange juice sold. AU fruit received from all sources (including 1`ropicana's own orangee, and all the orangea they ; may buy) will be used in oomputing price and all suppliers will be treated equally. The price for fruit claaeified as early and midaeason ' fcuit will be determined as one category and the price for fruit elasaified aa late season will be determined aa a separate category.'11~e ' price for the first category (early midaeseon fn~it) wiU be rnmputed ae foliowe: the Buyer will deduct from hia net amount received (F.O. B. ! " Bradenton, Florida), certain iteme o[ coet and profit ea followa: " ~ ~ ~ ~ . 1. For operating expensea, includinq plant, storage, freezing, S.HS per case of chilled juice sold a ~ warehoueing, aelling, administrati~~n expensea etc. ~ ~ P.~ilik~~ IO market price of the foregoing 2. For packaqinq materiais. items or eimilar packaqing as , TF,OPIi:Af~A P,400UCTS, ~NC, determined by Buyer (not co be ' ~ determined by pricea cherged by 3. Pjvfrt 4 P.O. ~30Y ~38 . aflfiliated oompanies). , ; 9~•~~ ~ Bra~er;;on, Fiorirla 33~C~ 376 of net F.0.6. eelling price - ~ ~ _ - - - 1~ - ~~~~~~~~"'w ~ ~ ' -