HomeMy WebLinkAbout1708 . 19`7~9~ - .
Non-Mut
THIS AGREEMENT, made this 5~ day of ~r~ 19
70
t~ew~n GAITO GROVSS, Angela Caito, Agent L A-~o I 6 ~ "
~ Route-3, Bax ~3, Ft. Pierce, Florida
(hereina[ter called the Grower), and TROPICANA PRODUCPS, INC., o[ Bradenton. Florida, the Buyer.
WITNE33ETH: ~
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T1~at the Grower. for and in consideration o[ the paymenta ieceived and to be received. as hereinafter recited, has aareed aad
does hereby aaree to aell to the Buyer all eady, midseaaon and Valencia o of good wholeeome, merchanfable and marketable
quality. irom the grov~e orgro
vea hereina[ter mentioned. The fnut to be purc ~ all of which truit is to be ot good, wholesome.
met+chantable and marketable quality. is as follows: ~
All PIl~TSAPPLE and YAI.BNCIA ORRI~ffi 3n the CAI'1~0 GROVffi located on the aouth aide of ~
Mifi+~r Road and one-half mile east of Shinn Road near P't. Pierce, Florida in St. Lucie ~
County. . ~
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` No [ruit [rom any of such groves is to be sold or delivered by the Grower to an yone other than the Buyer, without Buyer'a writt~
permissan and this entire agteement is to be a lien upori th~fruit pt+odnced in the above grovc or groves, irrespective of any sub~equent
transter ot title to them. In the event of any attempt to so aeil to another, the Bayer shall be eatitled to_injunctiv~e reliet and if any such
sale or detivery is consummated, the Grower ahall pay to the Buyer SItY (50t) cents per boz [or each b~ thus sold or delivered, the
garties ag~eeu~ that such is a fair estimate of the loss to Buyer for failure to obtain such bo:es of [ruit If Sre, strike, Act of (30~ etc.
preventa Buyer Irom acceptins any of Gmw~er'a fruit, Buyer will permit Gmvrer to sell elsewher~ the aiaoant of fnut that Buyer is so
prevented from acceptina. . - _ _ . ~
The fnut ~ to be picked by Grower and ia to be delivered by Gmwer to Buyer
s processing plant. In the event that, throngh
circum~tancea beyond his contral, the Gmwer ahaU be twaWe b pick aad toad the frnit, the Buyer ahall have the~ t to do so, chsrs-
ing the Gmwer ior such service at Buyer
s oosi In 1he event thak tor reawns beyord Grovrer'a control, (irowrer sf~all be nnable to
transport the fruit, Byysr s1~a11 have the right to rt tl~e truit and to charg~e Growrer transportation costa of Siteea (15t) oents
per nmety (90 Ih) paund boz. In both casea, this
~~ia
l~be BuY~'~ ~k but not obligation'I'he truit is to be picked and delivered
as and whea designated by Buyer but in this reapect Buyer will do his beat to acoommodate himsetf to the oanvenienoe of We Grow~er,
the picking and delivery to be completed on or be[ona duty 1 of the sesson in queatian. Tt~e Buyer a6aR ~ave the rig6t, bat not the
obliaation. to take tniit having desrees Briz bwer than 9.5°. He ahaQ hav~e tl~e rishk but not tbe obiiaation, to tske [mit havina a
Bra acid ratio of bwer than 11 to 1 up to January 1 of each srwvin seaso~? and bwer thsn 1? to 1 after Ja~au~ry 1 ot ea~ch ptowins
seaeon. Buyer will nat be required to take aaY T~- Munrott+i, ~aaseloes or Navel O~an~ee.
'11~e fruit is to be paid for as (olbws: The Beiyer will advance tl~e Gmvrer weeklx for al! fruit de~ivered slur~ng that w~eek at tbe rate
o! 80%9 ot Buyers' spot market prioe per poand of solids at the time ot deliv~ery.'l~is ts t~ be knowrt as the "teatatf~e pr~ca." Ia tbe event
that the truit has bern picked or transported. or both, by the Buyer, the cher6es ior such service as iet forth above are to be deducted
[rom the "teatalive priee ' betore payment is made. The 6na1 price ta be p~id to the Grovrer will be based upon the amount received by
the Buyer tor the chilied orange juiee so1d. Ali truit receiyed from, ell souro~s (incl~dins Tmpicaaa'a own oran6es. and all tbe
~Y ~Y ~Y) wiU be wed in computina Price aad all mppiieis will be ~eated equalty. The prioe for frnit cla~si8ed a~
early and mid~tason truit will be determined as one catesory and the price for fruit classi8ed as Iate seawn truit will be detera~ioed as a
separate catesory. The prica tor the Srst cateaory (~rlY aAd midseawn Inut) wiU be comp~ted as follows: the Buyar wiU deduct
from ha seUins Rries (F.O;B. Bradeeton, Florida). cestain items of cost and psa$t as toliowr:
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1. For operatiaa e:pensea. including plant, storaae, treezens.
ward~o~ns, seUina, administration espernes, etc. 58~ per case oi chiUed juice wW
. 2 For p~ckasins materiels. ~ marlcet price of ths [osesoins '
- iten» or similar packa~inS as
- " determined by Buyer (not b bs •
determined by prices cbarsed by
• ,J~liated oomp~nie~j
3. PmBt 3°~, nt F.O.B. ssllins price ~
sooK 1~6~ r~E 1706 .
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