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HomeMy WebLinkAbout0957 ~~~~ti~ Mut 7220 THIS AGREEMENT, made this 23rd day of JSIILiSY'y 19 74 becW~n PULITZER GROVES, Ralph Poppell, Agent (G-044-5) ; r of P• 0. Box 1600, Ft. Pierce, Florida 33450 ~ (hereinafter called the Grower), and TROPICANA PRODU(:TS, INC., of Bradenton, Florida, the Buyer. ? i WITNESSETH: . That the Gmwer. for and in consideratio~q~ yments recei~ed and to be teceived, as hereinaiter recited. has agreeci and does hereby agree to sell to the Buyer all wu~~ -Grapefruit oi good wholesome, merchantsble and marketable quality from the grove or groves hereinafter mentioned. The truit to be putchased, all of which fruit is to be of good, wholesome, mer- chantable and marketable quality. is as foliows: _ ; All WHITE GRAPEFRUIT in the PULITZER GROVES known as the CAITO GROVE located approaimately one-half mile east of Shinn Road on Midway Road, # and the ASRIN GROVE located approgimately one mile east of Rings High- ~ ~ way on Orange Avenue, being in St. Lucie County. : ~ ~ r ~ ~ ~ ~ i ' i ~ t ~ ~ ~ ~ ~ ~ No {~lite 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 trait produced in the above grove or groves, itrespective oi any subsequent transfer of title to them. In the event of any attempt to so sell to another, the Buyer shall ~ be entitled to injunctive relief and if any such sale or delivery is consummated, the Grower shall pay to the Buyer Sfty (50t) cents per boz for each boz thus sold or delivered, the parties agreeing that such is a fair estimate of the loss to Buyer for failnre to - ; obtain such bozes o[ truit. If fire, strike, Act of God, etc. prevents Buyer from accepting any of Grower s ftuit, Buyer will permit ~ Grower to sell elsewhere the amo~u?t of fruit that Buyer is so prevented from accepting. ~ The fruit is to be picked by Gmwer and is to be delivered by Grower to Buyer's pr«.~esaing plant In the event that, through ~ circumstances beyond hia control. the Grower ahall be unable to pick aad load the fnut, the Buyer shall have the right but not the ~ obligation to do eo, charging the Grower for such service at Buyer'a coat. In the event that, for ressons beyond. Grower s rnntrol, ~ Grower shall be unable to transport the fruit, Buyer shall have the right but not the obligation to transport the fruit and to charge ~ Groyver transportation costs of twenty (Z0~) cents per eighty-Sve (85 ib.) pound bo:. The fruit is to be picked and delivered as and when designated by Buyer but in this respect Buyer will do hia best to accommodate himself to the convenience of the Grower. _ The Buyer ahall have the right, but not the obligation, to take (tvit having degrees Bri: lower than 9.0°. He shall have the right, ~ but not the obligation, to take fruit having a Briz acid ratio of lower than 8.0 to 1. ~ The fruit is to be paid for as follows: The Buyer will advance the Grower weekly for all [ntit delivered during that week at the rate of 70°Jo of Buyer's spot market price at the time of delivery. This is to be lcnown as the "tentative pric~e." In the event that the fruit ;y has been picked or transported, or both, by the Buyer, the charges tor such eervice as set forth above are to be deducted from the = "tentative price" before pay q~ t is made. The Snal pr~ce to be paid to the Grower will be based upon the amount received by the f ~ Buye or the chilled W~1te ~r~pe truit juice sold. All fniit received from all sources (including Tropicana's ovm a ~ grapefruit, and all the ~7C11Le grapefruit 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 followa: the Suyer will dednct from his selling price (F.O.B_ Bra- ~ denton, Florida), certain itema of cost and proSt as follows: ~ 1. For operating e:penses. including piant, storage, ireezing, warehousing, selling, administration e:penses, etc. 65~ per case of chilled juice sold ~ 2. For packa~ng materials. open market price of the fore- - ~ going itema or aimilar paclcaging TROPICANA PRODUCTS~ INC~ be determined by pri~ cha ged ~ by affiliated companies) ~ 3. Profit P. B0X ~ . 3% of F.O.B. selling price " BRADEN70N~ f LORIDA ~ - $o~ zz5 s~ ~ ~ . _ _ , - r ~ ~~~.~.y ~ ~ _ - ~ . ~ . ~ y. t ~ . ~ . _ _ _ s _ ~ , .y . , . w n ~ ~ ~