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HomeMy WebLinkAbout0070 f j ~~~~1 (80) i Mut 2125 i THIS AGRE EMENT, made this ~ 31st day of July 1g78 between _ SDSALL GRdVS,~., INC..~ R~ S. Edsall, Jr.,~~ent (R-805-0) of ReLte l~ Rex ~~1~ Vero Seach, Florida 3296~ ~hereinafter called the Grower>, and TROPICANA PRODUCI'S. INC., of Bradentun, Florida, the Buyer. WITNF.SSF.TH: That the Grower, for and in coneideration of the payments received and to be received as hereinaRer recited haa agreed and doee hereby agree to eell to the Buyer all early, mideeaeon and Valencia orangee of good wholeeome, merchantable, and marketable quality from the g?~ove or groves hereinafter mentioned.'Ilie fruit to be purchaeed, all of which fruit ie to be of good, wholeeome, menhantable and marketabl~ quality, ia as followe: All VALSNCIA ORANGBS in the EDSALL GROVES, INC. GROVES knvWn as EDSALL #6 located ~ on Johnston Road, approximately one-fourth~mile north of Russo Road, and EDSALL #12 ~ EDSALL #14 both located approximately one mile northwest of Minton Packing House, all being in St. Lucie County. Tropicana Products,Inc. Participation price to be no less than efghty ($.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 terminates it before June 30, 1979. Advance to be at the rate of 80°~6 of guaranteed price, or of the Buyer's spot f market price per pound of solids at time of delivery, whichever is greater. - ; • For further information, see ADDENDUI~i attached. ~ . ~ f No truit from eny of auch groves is to be sold or delivered by the Grower to anyone other than the Buyer without Buyer'e written ! permiseion and thie entire agreement ie to be a lien upon the fruit produced in the above grove or groves~ irrespective of any eubeequent ~ tranafer of title to them. In the event of any attempt to so eeU to another, the Bnyer shall be entitled Lo injunctive relief and if any auch i sale or delivery ia oonaummated, the Buyer shaU be entitled to such other relief as u allowed by the applicable law. If fire, etrilce, Act of [ God, etc. prevente Buyer from accepting any of Grower'a fruit, Bnyer will permit Growerlo eell elsewhere the amount of fruit that Buyer ~ ia eo prevented from socepting. ! ' ~ . ; The fruit is to be picked by Grower and is to be delivered by Grower to Buyer'a prooeeeing plant. In the event that, through j circumatances beyond hie cwntrol, the Grower ahall be unableto~pick and load the fruit, the Buyerahall have the right todoeo charging i the Grower for auch service at Buyer s ooet. In the event that, for reasons beyond Grower'a control, Grower shall be unable to tranaport ~ the fruit, Buyer ahaU have the right to transport the fivit charging the grower for auch eervice per ninety (901b.) pound box. In both ~ cases, thia ehall be the Buyer e right. but not obligation. The fruit ia to be picked and delivered as and when designeted by Buyer but in c thie reapect the Buyer will aa much ae poaeible, but not to hinder hia operatio~, acoommodate himaelf to convenience of Grower. The Buyer ahall have the right, but not the obligation, to take fruit having degrees Bri: lower than 9.5°. He shall have the right, but not the ~ obligation, to take truit having a Briu acid ratio lower than 11 to 1 up to January 1 of each growing seaeon and lower than 12 to 1 aft~r ~ Jannary 1 of each growing eeaeon. No fruit wil) be delivered undet contract atter July 15 of current aeaaon without coneent of Buyer. ~ Buyer will not be required to take any Templee, Murcotte, Tangeloa, or Navel (hanges. t ~ 0 7'he fruit ia to be paid for ae followa:'t~?e Buyer wiU advancQ the Grower weekly for all fruit delivered during that week at the rate of8096 ~ _ Buyere spot market pnce per pound o(sol~da at the timeof deuvery. Th~e ~a to be known aa the tentatiue price."In the event that the ~ fruit has been picked or tranaported, or both, by the Buyer, the charq~ for such eervice as eet forth above are to be deducted from the ~ ~ "tentatiue price" before payment ia made. The 6nal price to be paid to the Grower will be baeed upon the net amount received by the ~ ~ Buyer for the chilled orange juice eold. All fruit received from all eources (including'IYopicana's own orangee, and all the orangee lhey ' = may buy) will be ~eed in oomputing price and all suppliers will be treated equally. The price for fruit claseified aa early and mideeaeon y frnit wiil be determined as one category and the price for fruit claesified aa late eeaaon will be determined ae a eeparate category. The price far the first category (early midaeason fn~it) will be computed as follows: the Buy~ will deduM from his net amount received (F :O.B. ~ Bradenton. Florida), certain iteme of coet and profit ae foUowe: i ~ - ~ 3 ~ s ~ ~ # 1. For operating e:penaes, including plant, atorage, freezing, 5.85 per case of chiUed juice eold ~ I warehousing, aelling, administration expensee etc. ~ ~ 2! For acka n materials. RETUkN TO market price of the foregoing ' P g' g TROPlCAI`A PRUOI!C1S, INC. d~r8ro,~~ ~by suyer tno ~tgo be P.O. QOx 33$ determined by pricea chary~ed by 3. Profit ' - affiliated oompanies). ~ ~ ~ 6radenton, Flotida 33:,06 3r~ ot net F.O.B. selling price ~ ' - _ - - - - a ~ ~ ~ , x:: ' ,.~~#k~ .~£.Sr= 3~''_(z'~ . .w"-"m~ x's.