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HomeMy WebLinkAbout1717 ~ . 19`759`~' Hon-Kut 37~8 THI3 AGREEMENT. made this b~ d~y of A~~ ig 70 ~~w,~n HUFF GROVTSS, NORNAN V. HUFF~ AG~IT (A-635~ ~ ~ P. o. Bax 5, winter Haven, Florida 33880 ; (hereina[ter called the Grovrer), and TROPICANA PRODUGTS. INC., oi 9radenton, Florida, the Buyer. . WITNESSSTH: Tfiat the Gmvrer, [or and in rnnsideration oi the pa~ymenfs received and to be received, as henina[ter recited. hae aareed and ' daes hereby a6ree to sell to the Bqyer all eariy, midseason and Valencia oran~es of good wholesome, merchantable and ma,rketable memh ntable ~ ke~groves hereinafter meationed. The [ruit to be purchased, all of which fruit is to be of good, w6okwme. ble quality. is as follows: _ All 9ALffidGIA ORAI~ffi in the HUFF GROVffi lmam aa BIACI~ 11 and BIACB 15 located approzimatel,y fiie milea south of Route ~'9, and appraodaoa~tely t~+~ty miles aouth- xest oS Ft. Pierc~, Florida, 3nmediately xeat of Carlton Road, in St. Iucie County. ' _ ~ ! No fruit f~om any of such groves is to be soW or deliv~ered by ihe Grow~er to anyone other than the Buyer, ~vithout Buyer's writt~ permission and this entire agreement is ta be a lien upoa the fru~t pcodw.~ed in the above grove or sroves, irreapective of any subseqoent tranafer of title to the~ In the event of any attempt to ~o aell to another, the Buyer ahaU be entiUed to injunctive reliet and if any such aale or delivery ia convummated, the Grovrer shalipa y to the Buyer SftY (50~) cents per bo: !or e~ach boz thus sold or delivered, tbe perties agreeu~g that such is a[sir estimate of the loas b Bayer tor (ailure to obtain s~ch bo:es ot truik It 8re. atri~e, Ad ot God, etc. prevente Buyer trom accepting any ot Gmwer'a Iruil, Buyer will permit Grower to aell elaewhere the anwant of fnut that Buyer is su preveated from acceNtins. _ . • The [ruit ia to be picked by Grower and is to be deliv~rred by Grower to Buye~'s procesaing plant. In the event that, thmnsh circumstancea beyozid his contrd, the Gi+arrer shaU be unabte to pick aud laad the (ruit, the Buyet ab~sll have t6e ri~ht to do io, chara- ina the Gro.rer tor such s~vioe at Buy~'s oos~ In the ~vent tbat, (or reewne beyond G,ro~w~er's coatrol, (irower sball be nnable to transport the truit, Ba,Yrt si~all have tLe ~ht tQ transport the Iruit and to cbar~+e Giowrer tramiportation corts of 8fteen (16t) osnb per ninetY (90 Ih) pound box. In both cases, ihis ahall be Buyer s riahk but aot obti6atioa 17~e iruit is to be picked and deliv~ered as and whea desianated by Bnyer but in this ~apect B~yer wili do his beat to accommodate himself to tbe oonvenienoe of We Grower. the picking ~nd detivery to be comp~ted on dr before Jdy 1 oE the season in qnestion. '1'be Buyer ahaif hsve the riaht, but not the obliaation, to take iroit having degrees Bru lower than 9.5°. He ahall heave the risht, but not t6e oWi~atio~, iu take fnut havina a Br~ acid ratio of low~r tbau 11 to 1 up. b Jaauary 1 ot oech~owu~ sea~pn aod b~rer tl~sa _ 12 to 1 aftes Jaauary 1 of e~cb ~ro~vins x~wn. Bnyer wiq not ~ requi~+ad to pke aay Templa. 1~lnrr~b. Tanadoea ar Nawl Oraa~ew. ~ 'lbe fntit is to be paid tor as follows: Tfie Buyer will advance the Gro~rer wee~y tor all fruit delivered duru'~ t1~at w~eek at tbe rate ot 80qj, of Buyers' spot ee~ar~et Ix~ PK t~~ ~ solidr at ibe time ot deliveryr.'1'1~~ is to be kt~ow?n sr the "teotsti~e prios." In tbe event tiwt t6e truit has bceu picked or transported, or both, by the Buyer. the charses tor such serviee as set torth above ane to be deducted ' Erom tbe "t~tative pricr' betoee peyment is made. Tt~e 5na1 price to be pa~d to the Grow~er will be b~wed u ice pon tbe amount rkeived by t6e Bnysr tor the chiiled oranae juicr sold. ~1!! ir~it received irom all wurow (inclodia~ 1Yopicsna's mvn oranaes, and all the - uraa~ tbey maY b~t~jr) wrill be used in camPutins P~ice and aA snppiien w71 be Ereabd equelty. The p~ee for frnit claaiHed ar early sad midsea~on tnut will be determioed as one category and the price tor fntit claai$ed m late season truit will be deternained a~ a ~eparwle category. 7Le price for the Srst category learlY aad midseason fnut) w~ill 6~ conaputed aa tdio~rs: ths Bqyer w~ill deduct fmm his seltins Prioe (F.O.B. Bradentoe. Fbrids). certuin itran~ ot cost and proflt as Eollows: . , . ~ l. For opeta Atina e: inciuding plan~ storage. fr~e:ing, ~ w~ard~ousi j. ~e! adminutration e:penses, etc. ~ per ~e o[ j~ ~ 2. For peckaaios materials. market price ot tbe foresoiAs ~ itcm~ or aimilar psckssina a~ - determi~d by Bnyer (not Eo be determined by pricw cwr~ed 1ry a~liatd comP~nia) 3. PmBt Sq~. ot F.O.B. ~elliai P+~ a~186 ~1715 - ~ - - .,w-,; ~ ~ - >_K ~ -