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HomeMy WebLinkAbout3000 lar/k~86~?5 REC .i,~81 PACE s~ - TROPICANA PRCJDUC'I`S, INC. ~ss FRUIT PURCHASE CONTRACT ~~'.j Coatract Na 1"I-227 THI3 AGREE~iT. made tLis ' 30 I~Iar ch lp-~-, ~ SWAN~S (~OVF: THRF.F.~ II~C_~ Jame4 W_ Svnn~ Owner o~ (hereinaiter called the Grower). and TAOPICANA PRODIIC'1'3. IIdC., oi Brsdentoa. Florida. the B~e~: WITNESSSTH: That the Gmwer. fo~r and in ooaiideration of the payments received and to be received. as hereinatter recited. ~as agrecd and dces hereby agree to aell to the B~er all citr~s in~it o! good ahol~ome~~ merchaatable aad marketable quality irom the grove or g,raves hereinaiter meationed. The fivit to be ptmha~ed, all oi wl~ich fr~it is to be oi ~ood. r wholeaom~ mem.hantable and aiarketable quality~ is as follows: _ Qa ~ . . All of the VAIF~NCIA ORANC~S in the SWAN~S GROVE T}~, INC. GROVES la~oxn as: (~tOYE Tf~ ~ located on tl.c ~ld Bartow Road, Winter Haven, Florida, and (~OVE PJIt~ located. at Dundee, ~ Florida, both being in Polk County; f~tOVE 02~ located at Ft. Pierce, Florida,•, and C~OVE SIX located at Ft. Pierce, Florida, both being in St. Lucie County. ~ ~s . . ~ cn - No inut from any oi such groves is to be sold or delivered by the Grawer to anyotie other than the Buyer, without Buyer's written permission and th~s entire agreement is to be a lien upon the f~n~it produced in the abave grave o~ , groves. In the event of any attemPt to so sell to another, the Buyer shall be entitled to u~ unctive relie! and ii aur such sale or delivery is consuumated. the Gmwer shall pay to the Buyer Sfty (50~) ~er boa for each boa thus sold a~ ~ delivered. the parties agreeing that such ia a iair estimate oi the loss to Buyer for failure to obtaiu such bous of fruit If fire, strik~ Act of God, etc. prevents Buyer from accepting any oi Grower's inu~, Buyer will permit Grower to sell elae- f where the amount oi iruit that Buyer is so _ prevented irom accepting. € The inut is to be picked by Grower and is to be delivered by Grower to ~er's processing plani In the eveat ~ thak throu~h circua~stances be~ond his -oontrol, the Grnwer shall be unable to pi and load the iruit, the B~+er sball have the nght to do so, charg~ng the =Grower for such service at B~er's oost. In the event that, fo~r reasons beyond Gmwer's control, Gmwer shall be unable to transport the fruik Buper shall have the rlght to rt tt~e lruit and to charge Grower tran~ortation costs of ten ~lOt) cents per ninety (90 lb.) pound boa. In both cases,~st shall" be B~?ez's right, but not obligataon. The inut is W be picked and delivered as and when designated by Buyer.but in thia respect Buyer will do his best to accammodate himself to the convenience oi the Gmwer. the picking and deLvery tfl be o0~mp1et~d_n~ or before Ju~y 1 of the season is question. The Buyer shall have the right~ but not the obligation, to take fruit ha---ving~` degrees Brix lower than 9.5• up to January 1 oi each growing season and lower th8a 9' after January 1 of each growing season He ahall bave the righ~ but not the obligation, to take iruit having a Bria acid ratio oi lower tban 11 to 1_up to January 1 oi each growing season and lower thaa 12 to 1 after Jaz?uary 1 oi each growing season Buyer will not be requi:~ed to takeany Temples, Marcotts or Tangelces. The iruit is to be paid for as follows: The Buqer will advance the Grower weeldy for all fruit delivered during that week at the rate of twenty (20) cents per pound solids. This is to be ~own as the "teatative price". In the event that the fruit has been picked or transported, or botl~, by the Buyer, the char~es tor such service as set forth above are to be deducted from the "tentative price" be~ore payment is made. The final pnce to be paid to the Gmwer will be based upon the amount received by the Buqer for the chilled orange wce sold. All iruit received irom all sources (ia- cludiug 7~+opicana's own oranges and all the oranges they may buy~ will be used in oomputing price and all suppliers will be treated equally. The price for fnrit classified as early and mid•season fivit will be determined as one category and the price for iruit classified as late season fruit will be determined as a separate category The price for ffie i'irst category (early and mid•season fivit) will be oomputed as follows: the Buyer will deduct from his selling price (F.O.B. Bradenton, Florida) certain items of cost and profit as follows: ~ ~ l. For operating including plank storage. ireezing oi blocks, ~ warehousing, administration eapenses, etc. 52~ per c~e oi product aold 2. For packaging, including but not limited to bottle, cap, p~rtitions market price oi the foregoing items (not to be determined ~ by prices char8ed bY aff'ili- ated oompanies) S. Profit 1Qf per case o! product sold The average net pnce per gallon of all the chilled ~uice aold by the Buyer betweeu becember 1 and March 31 (after the above deductions) will be multiplied bq the number oi gallons ~ielded by all oi the early and mid-season iruit re- ceived from all sources. Then, the perpo und solids price for all suppLers equally will be arrived at by dividing such total ~ price by the number oi pounds of solida in the total gallons qielded. The amount owed by the Buyer to the Gmwer for the early and mid-season fnrit will be the price per pound of solids thua arrived at, times the pounds oi solids yrielded~y ~ the early and mid-season fruit delivered to and received bq the B~?er from the Grower. From this final price there shaU be deducted. before payment, any cost o! picking, loading, or transporting that may be due to the Buyer and less a~ advances made and less the per box amount oi the State Advertiaing Ta~c. In arriving at the price for the second category of iruit described above. that ia the late aeason fruit, the same method shall be used, except that it ahall be based upon products sold b~r the Buyer between April 1 and November 30. -•l_ The amount due for the two categories shall be the 8na1 pnce for all oranges received by the Buyer irom the Gmwer % '!or the season. Promptly after a determination of such final price, the partiea ahall, bq payment, settle the amounts due ~ r between them by Janusry 15. 165 PAC~29g5 V - ~,M,r. ~y:.~` - ~ y' ;