HomeMy WebLinkAbout2856 . A
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TH1S AGREEriENT, is 19th dH~ ~r _ June 1g~3-• ;
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JOHN, HIGH SCHOOL (A-A89-5) ~
fx~tw•een
C~O ~ Strazzu a, Spec 1 G~~t ~oo-
ra~nator .
3402 Delaware Avenue, Ft. Pierce, Florida_33450 _ _ ,
i hemin:dter callccl the Cro~ver?, .~nd TROPI('ANA PRODtJ(•.TS, INC_, of [iradenton. Florida, the Ruyer. ~
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WITIVI'sSSETH: ~
That the Gro~ver, tor and in concideration of ihe paymenls received and to be recei~•ed, as hereinnfter recited, has agreed and ~
does hereby agree to sell to ihe Buyer all early, midseason and Valenci~ oranges of good wholesome, merchantable and marketable
c~uality (rom ihe grove or groves hereinaRer mentioned. The iruit to be purchased, all of which fruit is to be of good, wholesome, t ~
merchantable and marketahle quality, is .LS follow~: ~
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All of the HA1rII.IN, PINEAPPLE and VALE~CIA Oranges designated by i
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contributing growers according to attached list. ~
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; This contract begins with the 1973-1974 season.
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No (ruit from any of ~uch ~ro~~c•s is to 1?c~ w~ld or deliverecl Ly thc GroNer to anyone other lhan lhe Buyer, without Buyer's written ~
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~x•rmis~ion and Ih~x ent~re a~reement iti !o I~e a lien u~~on the truit produced in lhe ahove grove or groves, irrespective of any subsequent ~
tnn..(er of title to them. In tht~ event uf am• attempt to so sell to another, the Buyer shall be entitled to injunctive relief and if any such
~ale or deli~•ery i~ con+umm:~teci, the Gro~+~er 5hall pay to the Buyer fitty (50t) cenkg per boz for each box thus sold or delivered, the #
parties aKreeinK that ~uch ic a tair e.timate of the loss to Ruyer tor failure to obtain such boxes of fruit_ If fire, strike, Act of God, etc. ~
~~rerent. I3uyer from accrptin~ any of Gn?H•er'~ fruit, [3uyer will ~~ermit GroN•er to sell el~ewhere the amount of fruit that Buyer is so
~~r~~~entc~cl fmm ac~•cpting. ~
't'hi• fruit i~ t~~ I~e pickecl by Crower and is to hc~ delivered by Grov~~er to Buyer'4 processing plant. In the event that, through cir-
~ um.tancY~ tx•yund his rnntrul. thc~ Grower shall F?e unable t~ pick and I~iad the truit, the Buyer shall have the right to do so, charg-
~n~; thc~ Grow~r for ~ui•h ~ervim at Buyer'. iY?sL In the e~~ent that, for masons be~ond Growei's control, Grower chall F?e unable to
i r.~n~~x~rt Ih~• fruil, Buyer ~h:~ll ha~•e the riRht to tran~~x~rt the fruit and lo charKe Grow~er trans~~ortation costs of twent~ (20~) cc~nts +
~x•r ninc~ty l~N? Ih-1 Ix~und fw~x. In 1?oth ~:~+c~., this .h:ill I~e Buyer's right, but not obligation. The fruit is to be picked and delivered
i~ und ~+h~•n dc~+jkn:~t~~ I?y Ruy~r but in this re~c~x~•t Ru}~er M~ill do his best to accommodate him;elf to the convenience of the Grcnver. i
1'ht• liu~ ~~r ~h:~ll h:rve Ih~ ri~ht, Irut not Ihe obliRation, fn Iake fruit havinK deRrees Brix lower fhan 9.5 . He shall h~ve the riRht, but
n~~t th~• ~~hlixatiun, tu lake~ fruit havin~; a Rrix :u•id r.~tio of loK•er than 11 to 1 up to January 1 of each Krow~ing sE•ason and loH•er H~an 12
1:ift~~r •lanuar~• 1 0( ~.~ch Krow•in~; ~~:~~on. R~~~~•r will not Ih~ requircYl to tak~ any Temples. ~turcottc. Tangelac, or Navel OranRc~. .
~ 'fho fruit is to lx~ p:~id for a~ follow~~: The Rin~er will advance the Gn~wer w•eekly for all fruit delivered during lhat week at the r:~te
~~f 80",>, uf Buyer.' c~~ot markc•t price E~er jwund of s~lids at the time ot delivery. This is to be known as the "tentative price." In the event
n ~h:~t the fruit ha~ i?ee•n picked or tr:~m~wrted, or bolh, hy the Buyer, the charRe~ tor such service as set forih above are to be deducted
~ i rom thc~ "tentati~~c~ prii~e" ix•fvre ~~a~~ment is m:~de_ The fin~l price to be p:~id to the GroH•er will F?e based upon the amount received by
n the Buyer for the chilled orange juice sold. All'fruit receiced from all sources (including Tropicana~ own oranges, and all the
~ ~~ranges they ma~~ buy) will be u.ged in computing price and all suppliers will be.treated equally. The price fot fn~it classified as
q ~•arly and miditeason iruit ~vill 1?e determined as one cate~ory and the price for (ruit cl.-~s~sified as late season fruit will be determined as a
~ ~eparate categon•. The price for the first category learly and midse.~wn fruit) will be computed as follows: the Buyer will deduct ~
~ (rom his selling price (F_O.B. Bradenton. Florida), certain items of cost and profit as tollows: ~
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~ 1. For operating ex~~enses, includin~ plant, stora~e, freezinR, ~
~ warehousinR, sellinR, .?dministration ex~~enses, etc 65~ per case of chilled juice sold ~
~ 2. For ~h~ckaging material~. market price o[ the foregoing
'~[opieana Pr~ducts. lr,c. ~ee~ or similar packaging as
~ ` „ delermined by Buyer (not to be
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~ . . OX 3,i3 determined by prices charged by
~ ~ Bradenton, Florida 33~ato afliliated companies)
~ 3. Profit 3°0 0( F.O.B. selling price
~ eo~K~?17 ~nc~2847 .
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