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DEC <br />FRUIT PURCHASE CONTRACT <br />AGREEMENT <br />between <br />SELLER: Indian River County <br />2625 19th Avenue <br />Vero Beach, Florida 32960 <br />Attention: John F. Lang <br />BUYER: <br />BOOK 78 f'' GE. 54 <br />Oubert Graves <br />-Packing Company <br />.P.O. Box 6190 <br />Vero Beach, Florida 32961 <br />1. SELLER agrees to sell and BUYER agrees to buy good merchantable fruit <br />as follows: <br />a. Approximately 6,000 boxes of White Grapefruit at $6.00 on tree. <br />b. Approximately 6,000 boxes of Red Grapefruit at $6.00 on tree. <br />c. Buyer assumes all pick, load and haul cost. <br />2. RIGHT TO SELL: SELLER covenants, warrants and represents that he has <br />good title to the fruit, that the fruit is free from all mortgages, <br />liens and other encumbrances and that SELLER has the lawful right to <br />sell the fruit and to authorize its picking and removal.The <br />person(s) signing this agreement represents that he has the authority <br />to do so. <br />• <br />3. BUYER: shall have the right at all reasonable and normal times to <br />enter the grove to pick and remove the fruit. <br />4. SELLER: shall take all reasonable and normal precautions to maintain <br />the high quality of said fruit during the term of this agreement and <br />will engage in no cultural practices which would tend to deleteriously <br />affect the said quality. <br />5. ALL fruit must meet all applicable requirements of all Federal and <br />State of ,Florida laws and regulations, including regulations of the <br />Florida Citrus commission. It is further agreed and understood that <br />the word "merchantable" as herein used shall mean fruit free from <br />freeze, hail, fire, windstorms, citrus canker or other hazard, and <br />meeting the State and Federal regulations for Fresh Fruit shipments <br />Interstate and Export. <br />6. ADVANCE deposit against purchase price $.50 per box. Check $6,000.00. <br />Total Amount of Bid approximately $72,000, based on actual boxes <br />harvested. <br />7. DEPOSIT to be returned within 30 days if fruit is unmerchantable as <br />determined in Item 5. <br />8. PAYMENT is to be made within 30 days after the fruit has been picked. <br />9. FRUIT to be picked and delivered at the discretion of: BUYER. <br />10. ALL fruit to be picked by: May 1, 1990. <br />11. FAIL TO PICK FRUIT: Should BUYER fail to pick and remove the fruit as <br />herein provided, the amount heretofore paid to the SELLER shall be <br />forfeited to and retained by him as liquidated damages; except that in <br />the event said fruit shall become damaged by cold, hail, fire, <br />windstorm, insects, disease or other hazard, the BUYER shall have the <br />right to terminate this contract, and the SELLER thereupon agrees to <br />refund to the BUYER the advance payment this day made, or that portion <br />thereof not absorbed for fruit picked prior to such termination. <br />12. BOND DISCLAIMER: Citrus Bond does not necessarily insure full payment <br />of claims for any nonperformance under this contract <br />HUBERT GRAVES PACKING CO. <br />Box 8190 <br />Indltn fiver Ca <br />Approvtd <br />Oa le <br />Admin. <br />,re._ <br />-2- _f . <br />legal <br />V—V <br />/ a, p <br />Budget <br />'/i <br />•D^pt. <br />p/ ,G . <br />4=1'8 "4 <br />Risk Mgr. <br />1 77 <br />BUYER <br />A¶I <br />ITLE AND FIRM <br />DATE/a-13.-7 $1 <br />BOARD OF COUNTY COMMISSIONERS <br />INDIAN RIVER COUNTY, FLORIDA <br />BYW r't� <br />T C_-I.U, /,-.... <br />16 <br />Gary 0. Wheeler, Chairman <br />