HomeMy WebLinkAbout1726 ~.9`1~EiQQ Hut 9352
THIS AGREEMENT, made this ~ de~? ot Apr~ 19~
between WHITAKI~ii ~GROVB.S~ INC. ~ J. 1~1. i~fiftske~`~ P~c'eBideYlt (A-640~
oE 1509 - 17th Street N. W., Winter Hav~, Florida 33~
(hereinafter called the Gmvrer), and TROPICANA PRODUGTS, INC., oi Bradenton. Florida, the Buyer.
WITNSBSETH: '
That tlie Grovrer. for and in consideration oi the paymeabs received and to be received, as hereinafter recited, has asc~eed and
does hereby agree to sell to tl~e Buyer all early. midseason and Vslencia o o[ good wholesome. merchantable and marlic~etable
quality fmm the grove orgroves hereina[ter rnentwned. The iruit Hu be p~sed, all of which irnit is to be of guod, wholesome.
merchantsble and marketable quatity. is as ioliows:
11~ ORAI+~FS itl W.fIITAI~IIt G&09ES~ Il~C. GROV~S laicn~ri 8e BIACK ~(8ppi'oximately 7,500
boxes), and xest side of BLOCB 11r (approx3matel,y Ss000 bw~es) both located in the
AI.PAT GftOVE.S located approx3mately five miles south of Route 70~ snd approa3mate.l,y
tMenty milea southxest of Ft. Pierce, Florida i~mediately xest of Carlton Rosd, in
St. Iucie County~ ~
i
f - ~
~ No truit (mm any of such groves is to be sold or delivered by the Grower to anyone other than the Buprer. withw~t Buyer's w~tittea
permiasion and this entire agreement ia to be a lien upou the frnit prodaced in the above arove or grov~s. irrespective of any sub~equent
transfer~of title to them. In ihe event of any attempt to so sell to anothet, ihe Buyer shall be entitled to injunctive relieE and if sny snch
sale or delivery ia consummatecl. the Grower shallpa
y to the Buyes fifty (50~) cents per bo: for eacl? boz thus sold or delivend, the
nartiea agreewg that auch is a fair estimate of We l~sa fio Buyer tor failure to obtain s~h bo:es of truit If $re. strike, Act of (3od. etc.
prevents Buyer from accepting any of Grower's fruit, Buyer will permit Gmwer to sell eleewhere the annount of ftuit that Buyer is so
prevebted from a~roeptin6. . .
The truit is to be picked by Grower and ia to be delivered by Grower to Buyer's procesaina plant. In the even! that, throush
circumstan~es beyond his control. the Gmvrer aball be unable toptck and load the frwt, the Buyer ahell have the ri~ht to do so. charg-
ing the Grower for such aervioe at Buyer-s ooe~ In the event that, Zor reaeoas beyoad timwer
i control, Growrer sbail be unable to
transport the fnuk BaYer ehall have the rigi~t bo transport the tniit and to charge Grorrer tranaportation oosts of Sfteea (15t) oents
per nu~ety (90 Ih) pound boz. In both caees, this shall be Buyei
s right, but not obligation. 1~e fnut is to be gicked and ddivered
as and when deaignated by Buyer but in this respect Buyer will do his best to acoomnwdate himrelf to the oo~?venienoe ot t~e Grorrer,
the picking and delivery to be completed on or be[ore duly 1 of the sesson in queation. The Buyer al~all hsve the rishl. bnt not the
obligation, to take ~ruit baving degreca Bru bwer than 9.5°. He ahall hsve tbe right, but not the obliaatioa, to talce fntit havins a
Briz acid ratio of bvre: than 11 to 1 up b danusry I ot each srowina seasoa and bw~er tLan 13R to 1 after Jaauary 1 ot ea~ srawina
eeason_ Buyer wnll not be required to take any Tempies, blyt+cotb, Tangeloes or Navel Oran~es. .
The fruit is to be paid for as [ollows: The Buyer will advance the Grower weekl~r for all ttuit ddiveredMa3ea~ti~e~Pr~~ In ev~eat
o[ 80% of Buyern' aput market price per pound ot solids at the time oidelivery.'17us u~ to 6e lcnown a~ tbe
that the fntit has been picked or transported, or both, by the Buyer, We char6es tor euch servioe as set torth abo~re are to be c~educted
from the "tenfative price" before payment is made. Tl~e 6na1 price to be paid to twe Grovrrr wnU be based npon the amount reaeiv~ed by
tUe Buyer for tbe chilled oran6e )pioe sold. All .fruit ~ec~ived trom wIL iouroes. (indudina Tropicans's wMn aran~, and aU tbe -
_ or~ ~r ~r ~r3 w;tt be +~ea ;n o~w~c~ns prMe and ~ill w~u~~ wili be treabed equally. Tl~e prioe for irnit clawi$ed a~
early and mi~ fruit aill be determined es ane category and the prioe for fruit classi6ed as late aeason tnut witl be determined as a
separate category. The prioe for the 6rat cate6u*Y (early and midseaso~ fruit) will be ted as Eoltows: tbe B~yet ~1 dednct -
fmm his sellins price (F.O.B. Bradenton. Florida), certain items ot rnd and pro8t as
t~o
aws:
l. For operating e: nses. inclnding plant, atoreae. treezina.
wrarehousins. ael~. adminiatratioa e:penses. etc. ~ 58~ per case of chilied juice wld
2. For peckagins materials. market price ot We fonsoin~
items or um~lu p~ias'ar
detesmined by Buyer not to bs
~ - determined bY P~ ~ bY
. a~liabed rnmPanie~)
: •
3. Pro6t 3gj, of F.O.B. ~e11in[ P~'e
- ~~186 ~1724
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