MEMBERS PRODUCTION AND MARKETING AGREEMENT
r
, MEMBERS PR1DUCTION AND MARKETINf AGREEMENT W~~u~_._~,
THIS AGREEMENT, made and executed oetween BLUE KEY GROWERS, INC., a cooperatt\l, corporatIOn, organized under the laws of the
~
State of Florida, with its principal place of business at lutz, Florida, party of the first part (hereinafter referred to as "Association"), and Ci ty
of Clearwater, Florida of Box 4748, Clearwater, Florida
citrus fruit grower, party of the second part (hereinafter sometimes referred to as "Grower");
33518
~ itncfH3ctlr-
;l[I ~crClIS, when this Agreement is properly executed by both parties, Grower becomes a member (if not already a member) of Association,
and has all the rights and privileges granted by the Charter and By-laws ofthe Association to its members, and assumes his proportionate obliga-
tions and responsibilities in the affairs arjd operation of the Association; and
.m ~crClIS, Grower is in accord with Association's methods of operation and desires to take advantage of the benefits of cooperative market-
ing, and in so doing desires to assure to the Association the absolute right to handle, sell and market for Grower all citrus crops produced or control-
led by Grower on property or properties hereinafter described:
_ One Hundred dollars
~ ow, 'QI~crcforc, in consideration of the sum of:Ki~~~Xi)D) paid to Grower by Association, receipt whereof is hereby acknowledged,
and in further consideration of the expenses incurred by Association and agencies by it utilized in providing means and facilities for the handling
and distribution of said fruit, it is hereby agreed as follows:
1. The Grower hereby gives and grants unto the Association the exclUSive right and authority to handle, grade, wash, size, pro-
cess, can, pack, ship, sell and market; in accordance with the rules and regulations of the Association now or hereafter adopt-
ed or observed by it, all the citrus fruits and products hereof grown or controlled by Grower on approximately 9 5 acres of
of land in
Hillsborough
County, Florida, more particularly described as follows:
Groves located at the Southwest corner of Patterson Road and
Tarpon Road. The following six fields are described:
Grove Variety Approx.# trees Approx.# Acres
13 Acre Block Valencia 540 13.0
House Block Hamlin 673 11.6
Tin Shed Valencia 127022.2
Bird Field Valencia 1221 21.0
Interest Hamlin 1100 11.5
Grift Marsh Seedless Grapefruit 1450 15.1
::.
flecordOwrier(orret;ordLessee)ofabovedescribedrealestate: Ci ty of Clearwater, Florida
:.11 is uirderstood ''''fHi-agreed that the Association has also offered to the Grower the additional services of (1) grove caretaking of all or any part
of the. above:d-eocrib)jd lands, and (2) picking and hauling the commercially merchantable citrus fruit produced upon all or any part of the above-
described'lands;and that such services are offered on an optional basis to the Grower.
The Grower has and does by these presents elect to accept the optional services indicated below by the signature of the Grower in the space
provided and gives and grants unto the Association the exclusive right and authority to perform the indicated services upon all of the above-
described lands and with respect to all of the citrus fruit producd thereon, unless otherwise stated below:
GROVE-CARETAKING
Grove-caretaking services to consist of the Association providing all necessary materials and equipment, and all necessary labor and supervision
to perform the fertilization, irrigation, cultivation, spraying, pruning and other maintenance of all citrus grove properties; except as follows:
As Requested
( Ignature of Grower)
uld sign above only if grove-caretaking is desired.
PICK AND HAUL
Pick and haul services to consist of the Association providing all necessary materials and equipment; and all necessary labor and supervision,
to perform the harvesting and hauling to packing house or other processing facility of all commercially merchantable citrus fruit produced upon
Grower's grove properties, except as follows:
All
"'\IG U\9M
Signature of Grower)
hould sign above only if pick and haul is desired.
NOTE:
reunder are subject to the absolute right of refusal by the Association to perform any or ali
Ion of the Association, performance would be impractical or not in the best interests of the
2.
All se
such s
Association.
It is understood that, in addition to the ather legal rights and remedies of the Association to enforce this Agreement, in the
event Grower sells, markets, or consigns his, heTor its citrus fruit otherwise than through Association or any agency or agencies
selected by Association in the mannerand means provided and directed by Association, Grower shall be liable for and shall
immediately pay to the Association liquidated-cUfmages in the sum of 50 cents for each box of one and three-fifths bushels of
citrus fruit, or the equivalentthereof in voll,1me;so sold, marketed or consigned, it being impracticable and extremely difficult
to fix the actual damages sulfered.by the Association. In default of such payment, the same may be recovered by action in any
court having jurisdiction in thename'of the Association as plaintiff, and in any such action, G rower shall pay all costs, premiums
fa' ~onds. expenses 2C"d reasonahie iJ!lorne/5 fee to be fixed by the court.
()O ~O()~( () .
3. This Agreement shall be and continue in full force and effect from the dale hereof lor a period of ten years, with the privilege,
however, 01 either party to cancel ante terminate the same by notice in writing delivered toJhe other party at any time,lrom the
1st of June through the 15th day of Ju 'of any year during the continuance hereof Said cl1cellation is not to affect in any way
the rights and obligations of the parti hereto with reference to the handling 01 fruit alreacf then marketed or pacKeq and to be -: ~
thereafter marketed, or With reference to any other authOrized services already then performed or any indebtedness already
then incurred. It is expressly provided that, should Grower in good faith sell his groves, or any part therof, he shall be released
from this Agreement as to all groves so sold and conveyed. upon giving written notice thereof to the Association, and, at the
same time, paying all indebtedness due by Grower to the Association and also paying any of grower's indebtedness on which
the Association is obligated as surety or guarantor. It is expressly agreed that this paragraph relative to the cancellation of this
Agreement shall be binding upon the heirs, legal representatives. successors and assigns of the respective parties hereto.
4. The By-laws and all amendments thereto of the Association now in ex'istence, or hereafter adopted. and all contracts between
the Association and any agency or agencies seleced, employed or used by the Association, shall be parts of this Agreement,
and shall be binding upon the parties hereto.
5. The Grower agrees that the Association shall have the right, power and auihority to borrow money for any purpose on the
security of the products delivered to the Association, and/or the products derived therefrom, and/or on any evidence of suce
products or by-products, or cash or accounts arising from the sale thereof, and to give a lien, either legal orequitable, thereon,
as the owner thereof, and shall exercise all the rights of ownership without limitation.
6. The Association agrees to act as agent for Grower under the terms of this Agreement and to remit promptly all money that may
be due Grower from the sale of his, her or its fruit or form proceeds of any pool after deducting the amounts assessed by the
Board of Directors, pursuant to the By-Laws 01 the Association, including all assessments made by any agency or agencies now
or hereafter selected, employed or used by the Association. The Board of Directors of the Association shall, in each year,
prescribe the amount to be assessed or charged for capital purposes, and all such amounts shall have the same status as though
they had been paid to Grower in cash in pursuance of a legal obligation to do so, and Grower had then furnished corresponding
amounts for capital for the Association. Grower shall be given a letter of advice or other form of written notice as to the amount
apportioned on the books of the Association as a capital retain credit to Grower in the capital retian accounts for each year.
7. The Grower hereby gives and grants unto the Association an express lien upon the real property above described and upon
all citrus fruit growing and to be grown thereon as security for all and any indebtedness due the Association and incurred by it
in the fertilization, cultivation and maintenance of said grove properties and in the harvesting, preparing and marketing of
the citrus fruit grown thereon in its usual and customary manner, or for money and/or credit advanced by the Association to
Grower; and agrees to accept its books and accounts as a record of same for amounts due Association by Grower for money
advanced and expended and costs and expenses incurred by Association in supervision and operation, fertilizing, irrigating.
cultivating, spraying, pruning and otherwise maintaining said grove properties and fruit growing or to be grown thereon under
and in accordance with and subject to the Association's rules, regulations and By-Laws governing and relating to the Asscia-
tion's maintenance operations either now or hereafter promulgated and adopted.
8. There are no oral or other conditions, promises, covenants, representations or inducements in addition to or at variance with
any of the terms hereof, and this Agreement represents the voluntary and clear understanding of both parties fully and
completely.
~u ~itucss ~~CrCof,the parties hereto have executed this Agreement the day and year set forth below opposite their respective
signatures.
Signed, sealed and delivered in the presence of: BLUE
'1J" 0 'IJ1!J.o1..;f'Jd1! By:
7' ( /
Attest:
Date (Grower):
April 11,
(As to the Association)
El~
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V #/1~
(]\ ~
(As to Grower)
STATE OF FLORIDA
COUNTY OF .J( a{~ .
On this day personally appeared before me, the undersigned Notary Public, &/}l....'1. ()~J d./v.-i! G;&,:z-b, ~J
to me well known and known to me to be the indivudual'i> who executed the foregoing Agreement and he acknowledged efore me that he
executed the same for the uses and purposes therein expressed. .,. ,'-
c31u ~ itncss ~ ~ereof, I have hereunto set my hand and affixed my official seal at 1,1..a{~~ ~.~/
in the County and State aforesaid, this ,5 -tiL-- day of qP~
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:-:--
,ATE OF FLORIDA
,~OUNTYOF PINELLAS
On this day personally appeared before me, the undersigned Notary Public, Anthon V L. Shoemaker ,
as City Man?3-ger
".at
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My_ C,<>mmission Expires:
and
and
....
, respectively, of r i 1- Y n f (' 1 P rl r\,v rl 1- P r ,
munic.iDal . . ,
,<j.corporallor't organized under the laws of the State of Florida,
to me known to be the persons described in and who executed the foregoing Agreement and severally acknowledged that they executed the same,
for, on behalf of and as the act and deed of, the corporation, for the uses and purposes therein expressed. i
l
~ u ~ ituess ~ qercof, I have hereunto set my hand and affixed my seal at
Clparwater
^
,
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,19M'
in the County and State aforesaid, this
1 1 day of
April
o JOl8l1v
Notary Publi State of Ffc:iridaNijt~~bii(, Slilt~ of Fkrid,;
M C ..' E' IAl (nmn...issioli Expires Aug. I, 1986
y ommlSSlcn xplres;..-. -
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