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HomeMy WebLinkAbout2290 ~68~JJ Non-Mut 7620 THIS AGREEMENT, made ~his 29th _day ot_ _ October 1~3 ~c~n RLTMAR, INC. , R. W. Carlton, President (G-035-5) ; of _ Route 1 z Box 714, Ft . Pierce: Florida 33450 i (heceinatter cailed the Grower), and TROPICANA PRODUCTS, INC., of Bradenton, Florida, the Buyer. ? : s WITNESSETH: ' , That the Grower. for and in consideration of e a ments received and to be received, as hereinafter recited, has agreed and dces hereby agree to sell to the Buyer all _ Grapefruit of goo~ wholesome. merchantable and marketable quality i from the grove or groves hereinatter mentioned. The truit to be purchased. all of which fruit is to be of good, wholesome, mer- chantable and marketable quality, is as follows: All WIiITE GRAPEFRUIT in the RUMAR, INC. GROVES known as the ROHN GROVE located on McCarty Road, and the P~ V GROVE located on ' Newell Road, both being in St. Lucie Counry. ; , - ; t P ' ~g 3 ~ ~ No ~l~te _Grapefruit from any of such groves is to be sold or delivered by the Grower to anyone other than the Buyer, without Buyei s written permission and this entire agreement is to be a lien upon the iruit produced ~n the above grove or ~ gmves, irrespective of any sut~sequent transfer of title to them_ In the event of any attemp! to so sell to another, the Buyer shall ~ be entitled to injunctive reliet and if any such sale or delivery is consummated, the Grower shall pay to the Buyer 6fty (50t1 cents per box for each bo: thus sold or delivered, the parties agreeing that such is a fair estimate of the loss to Buyer for tailure to obtain such boxes of frait. If Sre, strike, Act of God, etc. prevents Buyer Irom accepting any of Grower's truit, Buyer will permit ~ Grower to se11 elsewhere the amount of fruit that Buyer is so prevented from accepting. ~ The fniit is to be piceed by Grower and is to be delivered by Grower to Buyer's processing plan~ In the event that, through ~ circumstances beyond his control, the Grower shall be unable to pick and load the fruit, the Buyer ahall have the right but not ihe ; obligation to do so, charging the Grower for such service at Buyer s cost. In the event that, for reasons beyond Grower s control. ~ Grower shall be unable to transport the fruit, Buyer shall have the right but not the obligation to transport the truit and to charge ~ Grower transportation costs of twenty (20~) cents per eighty-Sve (85 lb.) pound boz_ The fruit is to be picked and delivered as ' and when designated by Buyer but in this respect Buyer will do his best to accommodate himself to the convenience of the Grower. The Buyer shall have the right, but not the obligation, to take fruit having degrees Briz lower than 9.0°. He shall have the right, but not the obligation. to take fruit having a Bri: acid ratio o[ lower than 8.0 to 1_ =v The fruit is to be paid for as follows: The Buyer will advance the Grower weekly for all ftuit delivered during that week at the rate of 70 0 of Buyer's spot market price at the time of delivery. This is to be known as the "tentati~e prit:e." In the event that the iruit has been picked or transported, or both, by the Buyer, the charges for such secvice as set forth above are to be deducted from the "tentative price" before pay~n qt is made. The Snal price to be paid to the Grower will be ba.4ed upon the amount received by the Buyer [or the chilled__ WL1~Le _ a fruit juice sold. All fruit received from all sources (including Tmpicana's own W~l~te grapefruit, and all the_-7eT~~rapeituit they may buy) will be used in computing price and all suppliers ~ will be treated equally. The price for the fruit will be computed as follows: the 8uyer will deduct from his selling price (F_O.B. Bra- denton, Florida), certain items of cost and proSt as tollows: ~ ~ 1. For operating e:penses, includin~ plant, storage, freezinR, warehousing, selling, administration e:penses, etc. 65t per case of chilled juice sold ff.;- 2. For packaging materials. open market price of the fore- ~ going itema or aimilar packaging ~ROPICANA PRODUCTS, INC. as aetennined by suyer (not to be determined by prices charged P. 0. BOX 338 t~y a~tiaeea companies> 3. Pro6t BRADEd~ON~ fLORIDA3 ~5,~~ 3~/ of F.O.B. selling price ao~K 2~ ~acr ~ _ ~ _ ~ _