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Home My WebLink About1094 _ _ . _ - ~ 'v Non Mut. 19(3`753 THIS AGREEMENT, mnde this l~h day of J~ua~ 19 , ~ between PHILIP IGLEHART ~A-S6'l ~ - ~ P. 0. Box 365, Okeechobee, Florida 33472 ~ of - - (hereina[ter cnlled the Grower), and TROPICANA PRODUCTS. INC., of Bradenton, Florida, the Buyer_ ~ ~ WITNESSETH: • ' That the Grower, tor and in consideration of the payments received and to be received, as hereinatter recited, has agreed and ~ dces hernby agree to sell to the Buyer all early, midseason and Valencia oranges o[ good wholesome. merchantable and marketable quality from the grove or groves hereinafter mentioned. 1'he (ruit to be purchased, all of which fruit is to be of good, wholesome. ~ merchantabte and marketable quality, is as follows: s _ pll NA1~iLIN and VALFSTCIA ORAAGES in the PHILIP IGLEHART GROVE kno~r~m as: BLUE FIELD RpNCH located approaimately fifteen miles southeast of Okeechobee, Florida on = State Road 70, in St. Lucie County. ~ ~ s ~ . ~ ~ i ' f - . f i i ~ ~ ~ ~ { ~ , ~ 1 1 i ~ 1 # • s ~ ` ~ P . R . 8 • i ~ No fruit from any of such groves is to he sold or delivered by the Grower to anyone other than the Buyer, without Buyer's written ~ermission and this entire aRreement 45 to F~e a lien u~on the lrt~it nroduced in the above grove or groves. irrespective of any subsequent i ~ transfer of title to them. In the event of any attempt to so sell to another, the Buyer shall be entitled to injunctive relief and if any auch ; ~ sale or de)ivery is consummated, the Grower shall pay to the Buyer S[ty (50~) cents per bo: for each boz thus sold or delivered, the ' parties agree~ng that such is a(air estimate of the loss to Buyer for failure to obtain such bo:es of fnuk If fire, strike, Act of God, etc. ~ prevenls Buyer from accepting any of Grow~er's (ruit, Buyer will permit Grower to sell elsewhere the amount of fruit that Buyer is so ~ ~reeented (rom accepting. The iruit is to be picked by Grower and is to be delivered by Grower to Buyer's processing plattt. In the event that, through ~ ~tircumstances beyond his control, the Grower shall be unabie to pick and load the iruit, the Buyer shall have the right to do eo, charg- ~ ing the Gtower for such service at Buyer's cost. In the event that, for rea.gons beyond Grower's control, Grower ahail be nnable to ~ ~ traaspnrt the truit, Buyer shall have the right to transport the fruit and to charge Grower transportation costs of fifteen (15~) centa ~ ~;er mnety (90 lb.) pound box. In both c~4es, this shall be Buyei s right, but not obligation. 1'he fruit is to be picked and delivered ~ ~ :~s and ~~hen designated by Buyer but in ihis respect Buyer wiil do his best to accommodate himself to the conv~nience o[ the Grower, the picking and deiivery to be completed on or before July 1 of the season in question_ The Buyer shall have the right, but not the { ~ obligation, to take fruit having degrees Brix lower than 9-5°. He shall have the right, but not the obligation. to take fruit having a ; ~ Brix acid ratio of lower than I1 to l up to January 1 0[ each growing season and lower than 12 to 1 after January 1 uf each growing ~ ~ season. Buyer wiil not be required to take any Temples, Murcotts, Tangeloes or Navel Oranges_ ~ The fruit is to be paid for as follows: The Buyer will advance the Grower weekly for all fruit delivered during that week at the rate ~ ~ o( 80% of Buyers' spot market price per pound of solids at the time of delivery. This is to be known as the "tentative price.° In the event ~ ~ that the ftuit has t?een picked or transported, or both, by the Buyer, the charges for such service as set forth above are to be deducted from the "tentative price" betore ~wyment is made.'I'he final price to be paid to the Grower will be ba.ged upon the amount received by ~ the Buyer (or the chilled orange juice sold. All fn?it received irom all sources (including Tropicana's own oranges, and all the ~ " oranges they may buy) will be used in computing price and all suppliers will be tteated equally. The price for fruit classified as early and midseason fruit will be determined as one category and the price tor iruit dassified as late season fnut will be determined as a ; ~ separate category. The price for the first category (early and midseason frait) will be computt-d as foilows: the Buyer will deduct ; from his selling price (F_O.B. Bradenton, Florida), certain items of cost and proSt as follows: g t>' =:Fx i. For operating expenses, including plant, storage, Ireezing, warehousing, selling, administration expenses, etc. 58~ per case ot chilled juice sold ~ i 2. For packaging materials. market price of the foregoing = =ti~ items or simitar packaging as ~ determined by Buyer (not to be determined by priees charged by ~ affiliated companies) 3. Pro6t 3% of F.O.B. seAing price . _ - BOOK~~~ PACEIO~ ~s _ _ :3~ . - _ :