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HomeMy WebLinkAbout2339 • ~6~~~ J ~ Mut-2019 PURCHASE CONTRACT AND AGREEMENT ContrNo. B-O15-S THIS AGREEAIENT, made this 28th day of $e temb r 1g73 . . onn2 ~ns ~ between E& H Grove , Earnest R. Dunn, Agent ot f.' P erce ~ Florida_ (hereinafter called the Grower), and TROPICANA PRODUCTS. INC. OF BRADENTON. FLORIDA, Buyer R?ITNESSETH: That the Grower, for and in consideration of the payments received and to be received, as hereinafter recited, has a~reed and does hereby agree to sell to the Buyer all citrus iruit of Rood wholesome, merchantable and marketable quality from the gmve or groves hereinafter mentioned. The price to be paid aad the fruit to be purchased, all of which iruit is to be of good wholesome, merchantable and mazketable quality. is as follows: All Hamlin, Pineapple, and~Valencia Oranges (except Late Bloam) of the 1973-1974 season . @ Tropicana Products, Inc. daily market price at time of delivery to be no less than forty (40~) cents per pound of solid delivered, less the actual cost per 90 # weight box for pick, load, and haul . All fruit contracted to be purchased shall be picked as and when Buyer is ready. the picking to be completed on or Seasonal before 19„ provided the Buyer shal! not be hampered or prevented from picking or shipping the same within said period by Act of God, strikes, railroad or other embargoes, quarantine or any other condition, matter or Lhfn~, beyond its control, in which case the time for ~athering and shipping said fruit shall ~e ex- tended a lenQth of time equal to the period of the hamperin~ or prevention caused as aforesaid. Without limitin~ meanin~ ot "~tood wholesome, merchantable and marketable" it is a~reed that in event of substantial damage by weather, such as frost or treezing, wind, drought, hail etc. the Buyer may elect to abandon this contract which shall be done by registered mail mailed not later than fourteen days after the termination of the weather condition which caused the damaAe, sent to address given below whereupon Buyer shall be entitleci to immediate refund of adrance payment less price of any fruit picked for which settlement has not been made. In such case Buyer may elect to take such fruit as he shall consider useable. provided Buyer pays for it in accordance with the terms of this contraci. The Buyer has this day advanced to the Grower the sum of = the receipt of w~hich is hereby acknowledged by the Grower, which sum is in advance and part payment for said fruit at the price above ~tated. Should the Buyer~ in breach of this a~reement, refuse to take this fruit, the amount remainin~ on deposit with the C,rower shall be forfeited to the Grower and shati he the sole dama~e hereunder. If the value of the "~ood wholesome, merchantable and marketable fruit available has not eq?.alled the atnount paid by the Buyer at the conclusion of the season provided for herein. ~the overage immediately will be returned by the Grower to the Buyer. , Seller warrants good title to said fivit with lawfui riQht to enter into this contract and warrants that it will be free of all liens and claims. The individuals signing this aRc~eement on behali of Grower represent that they have authority to do so. Fruit is on grove or groves identified as: E S~ H Grove Block ~ 1 located approximately on Okeechobee Rd. at the office of H. L. Dunn Sons, being in St. Lucie County E& H Grove Block # 2 l~cated approximately at corner of Rings ~iwy. and Picos Rd, east of Rock Rd., being in St. Lucie County . ` ° TROFICANA PRODUCTS. lNC. T~IrS NSTRU ENT PREP E~ Y: P. 0. BOX 33$ / ~ . ~ - ~ BRADENTON, fLORlDA T~•:~~.. P~ODUCTS, (NC. 3'.~5d ~ F. 0. B ,t 338 BRADf iVTON, FLORtDA 33506 - E. ~ H. Grove Witnesses: ~ Sit~natures: ~jESi~leSt R. D1Tilt1~ Agent " . .re~~-~ _Gl (i.~~-~ Y t ~ - rower or his Authoriz~d Af;ent C/O H. L. Dunn S,nn~~' . ~ ' ` } Address P• 0. BOX t ~ t ~ ' . - ~ ; ' Ft. Pier,c8,' Florida ~ - ~ ~ ~ .33 sa ' ~1~ , Tropicana ~~edue~ts; ' ~~Yc;. ,A ~ . Buyex, ~ e - , rJ . . • . - ~G - ' ~ , , ~ ~ . ~ '~c` ~ ~ ~ • ° R 2i9 2338 . ;President Form No . b~^4 B001I PACE ~ . _ _ _ _ . _ , . : ~ -