HomeMy WebLinkAbout1097 y-
190`754
,
THIS AGREEMENT, made this ~h day of December 19 69 ~
~x eween p~COCK FRUIT & CAT'lZ.E CORPORATION
~t P. 0. Box 3286, 2211 South Indian River Drive~_Ft. Pierce, Florida
Ihereinafter culled the Grower), and TROPICANA PRODUCTS. INC_, of I3radenton. Florida, ihe Buyer.
WITNESSFTH:
That the Grower, (or and in consideration o[ !he ~yments received and to be received, as hereinatter recited, has agreed and
does hemby agree to sell to the Buyer all early, midseason and Valencia oranges of good wholesome, merchantable and marketable
quality [rom the grove or groves hereinafter mentioneci. The t o be purchnsed, all of which fruit is to be of good, wholesome,
merchantable and market:~ble qualily, is 8S ~O~IQK'S' ,r ! 3• r_ e~~ h
~ J
f ~ . ~"""'Q~.Q't
`
l 7
~1?? ria~',~is: orar_ge~ iii the P~cock rruit & Cattle Corp. Grove ;,"2, l~::atzci o~-_° r.ile ~C~
se~~t~ a::ci east ef Glades Ro ~d ir_ ~t:.cie Coz:r~v; ar:~ ar: •aquai r~.:r.;ber of Va~er:c~a
' ~ra~~se~ ~rci~ Lhe ~eacoc~: rr~:it & Cattle Corp. Grove iocated c~r:e io~_rtn r.~.~?e
~ ~as~ Glad~s Ro~d ir~ ~:~ci~ Cot:n~u: , hatr grov~~s cein~; ~ocat u apprcxiratel~- 17
r.ules soutt:~est of Forc ~er::e, F?or;d~.
E
No (ruit from any of such gm~~es is to be sold or delivered b~ lhe Gruw•er to anyone other than the Buyer, without Buyei
s written
~~ermis_cion and this entirn a~reemrnt i~ to he a lien u~~on the fruit proclu~rd in thr above grove or groves, irrespective of any subsequent
traa~fer of title to them. In the event of am .~ttempt to .o sell to ~nolher, the E3uyer ct? :11 t?e entitled to injunctive relief and if any such
~:~le or deliver~ i~ ~ronsumm:~ted, the Grower shall ~k~y to Ihe Buyer fi(ty (50t) ~nts per box tor each box thus sold or delivered. the
parties agmeing that ~uch is a f~ir estim:de af the lo.c. to Buyer for failure to obtain such boxes o[ truit_ If fire, strike, Act of God, etc.
~~reven~ti Buyer from accepting :~ny af Grower's (ruit. Buyer will ~~ermit Gmwrr to sell el.~ewhere the amount of frait that Buyer is so
preventect (rom accepting_
The fruit i~ to be picket) by Grower ~nd is to he deliverecl by Grower to Buyer s processing plant. In the event that. through
circurn~tances t?eyond his control, the Gro~~~er shall ix• unable to pick and load the fruit, the Buyet shall have the right to do so, charg-
ing the Gmvrer tor such sen•irn al Buyer's cost. In the etrnt th:~t, for re.i~ons beyond Grower's control, Grower shall be unable to
~ trans{~ort !he (ruit, Buyer shall have the riRht to transF~ort the fruit and to charge Grower transportation costs of S[leen (15~) cents
~rer nmet~~ 1`~? Ib.) pound box. In twth c:~.es, this shall t~e Buyer'c right, but not oblig:~tion The (ruit is to be picked and delivered
a: und when desiKnated by Bu~•er but in this res~~ect Buyer will do his beqt to accommod:~te himself to the convenience o[ the Grower,
the picking and deli~•ery to 1?e ~ompletecl on or before July 1 of the ~eason in question The Buyer shall have the right, but not the ;
~~bligation. to take tn~it kaving degrees Brix lov?er than 9.5'. He shall have the right, but not the obligation, to take fruit having a '
_ Rrix acid ratio ot tow•er than 11 to 1 up to January 1 0( each growing ~:eason and low•er fh:~n 12 to 1 atter January 1 of each growing
~ ~eason. Buyer will not be required to take any Temples, 1liurcotts, '1'angeloes or Navel Orangc~w.
The fruit is to I~e p:~id (or as follows: The Auyer will advance the Gmwer ~+~eekly for all fruit deli~•ered during that week at the rate
~ :30^,0 of I3uyere spot market pri~r ~ier ~und of solids at the time of deliv~ry. This is to be known as the "tentative price." In the event
that the fruit has Ixrn picked or trans~~orted, or both, by the Suyer, ihe char~es for such aervice as set forth above are to be deducted
from the "tentative price" hefom p:~yment is made. The final price to be paid to the Grower will be based upon the amount received by
~z the Buyer (or the chilled orange juice sold_ AU fruit received from all sources (in~luding Tmpicana's own ~ranges, and all the }
~~r~nges they may buy) will be used in computing price and all suppliers will be trnated equaUy. The price for fruit classified as ~
"t earlv and midseason (ruit will he determined as one category and the price for fruit classified as late season truit will be determined as a t
~ ~eparate category_ The price for the first category (early and midseason fruit) will be computed as follows: the Buyer will deduct '
(rom his selling price (F.O.B. Bradenton, Florida), certam items of cost and profit as follows:
~ '
3: 1. For operalinR expenses, including plant, storage, freezing, f
warehousing, selling, administration expenses, etc. 58t per case of chilled juice sold
>*a ;
2. For packaging materials. market price o[ the foregoing +
. items or similar packaging as ;
determined by Buyer (not to be i
P~; determined by prices charged by
t~ affiliated compamea) €
t
3. Profit 3°J of F.O.B. selling price {
a~1$3 3
.
~ ~ .
~T
~
;~4~
~ : _
z - -