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HomeMy WebLinkAbout0962 , : l. - ~ ~ . . _ . . . - a....,:....~.._. x~a 3.,.~i,"~:~cl~6~.' -.~~S,hr.. o`::~: s i 3~1'k:~ #r:=~~3. ;"s3,i'~`~a:.~r~'f.h~S~ ' (80) ~ Mut 7690 324022 THIS AGREEI~iENT, made thia 29th day of September' 1975 , ST. LUCIB PACRING CORPORATION, Bernard Bgan, Preaident (L-165-7) t~etw~een of 1900 Old Diaie Highway, Ft. Pierce,.Florida 33450 (hereinafter called the Grower), and TROPICANA PRODUCTS, INC., of Brndenton, Florida, the Buyer. WITNESSETH: That the Grower. tor and in consideration ot the payments received and to be received, as hereinafter recited, has agteed and does hereby agree to sell to the Buyer all eady, midseason and Valencia oranges of good wholesome, merchantable and marketable quatity from the gmve or groves hereinaiter mentioned. The /ruit to be purchased, alf ot which fruit is to be of good. wholesome, merchantabte and marketable quality, is as follows: • 250,000 boa~es combination of HA1~II.IN and PINSAPpLB ORANGSS • 250,000 boxes VALENCIA ORANGES. Tropicana Products, Inc. ~till pay not lesa than fifty (50~) cents per pound of solids delivered net to pou. (This net price a~plies to the 1975-1976 season only.) If the Participation return is greater, Tropicana will pay the difference in accordance to the terms as defined in contract. This agreement will continue beyond the 1975-1976 season under regular terms unless either party terminates it before June 30, 1976. ' Weekly advance to be at rate of 50¢ per pound solid net upon delivery of fruit, for the 1975-1976 season only. I~ . ~ No truit from aay ot suc6 groves is to be sold or deGvered by the Gmwer to anyone other than the Buyer. without Buyer's wcitten permission and t6is entire agreement is to be a lien upon Lhe fruit produced in the above grove or groves. inespective ot any subsequent transter oE title to them. In t6e event of any sttempt b so sell to aaother, the Buyer ahall be entitled to injunctive reliet aad it any such sale or delivery is consummated, t6e Grower shall pa~ to the Buyer fitty (=.50) centa per box f~ each box thus sold or delivered. the parties agreeing thac such is a fair estimste of the loss to Buyer for tailure to obtain such boxea oi fruit If fire, strike. Act of God. ete. prevents Buyer from accepting any o[ Grower s fruit, Buyer wiU permit Gro~ver to sell elsew6ere the amouat of fruit tbat Buyer is so prevented from accepting. The truit is to be picked by Grnwer and is to be deGvered by Grower to Buyer a processing plaat. In the eveat t6at, thtough circumstances beyond his coatrol. the Grower shall be unable to piek and load the frni~ the Buper shall have the right to do so, eharging the Gmwer tor such service a~ Buyer's cost~ Ia the event tbat, ta~ reasona beyond Grnw+er's eontrol. Gmwer shall be unable to tnnsport the truit. Buyer sball have the reg6t to tranaport t6e fruit ehsrging tbegrower for sue6 servioe per uinetl (901b.i p~d boz. In bot6 casea. t6ia shall be Buyer'a right, but not obl~gstioa T6e fruit ia b be pid~ed wd delivered as aad when designtted by Buyer but in t6is respect the Buyer will as much as po~sible, but not to hinder hiaoperation. sccommodate himself to convenience ot Grower. T6e Buyer ahall hsve the rig6t. but not the ob " tion. to take fruit havu'~g degrees Brix lower than 9.5°. He shall have the~ t, but not t6e obligation. to tske truit be~ving a Brix acid ratio o~lower t6aa 11 to 1 up to Jan~ 1 of each growing seaaon and lower tban 1'~ to 1 after January 1 of each growing season. No fruit wr~71 be deGvered under contract after Ju1y 15 of currens ~eason wichouc eonsenc of Buyer. Buyer arill not be required to take any Temples, Murcotta. Tangelas. or Navel Onnges. , Ex ~pt for the 1q75-1q76 season Which is gav rned by paragraph 3 abwe. ~f~ fruit is to be paid fir aa foljow~a: T6e Buyer will advance the G er weekTy tor all truit delivered during that week at the nte of 84°b of Buyera spot market price per pound of aolids at t6e time of deliver~ .~6ia ia to be known as the "testative prsce. "In the event that the [ruit has been picked or transported. or both. by t6e $uyer, the ehar¢es for such service as aet fa~th above are W be deducted trom the "tentative priee" bet~re payment is made. The Cu~al priee to be paid to the Grower will be baaed upon the amount received by the Buyer tor the chilled orange ~aioe sold. All iruit received from ali aourees (including TYopicana's own orangea, aad all the onnges they may buy) will be used in ~ computu~g priee and all suppGers will be treated eqwUy. The Qrice ~or fruit etassified as early and midsea.wn fruit will be determined as one category and the price ior (ruit classified as iat+~ se~on fruit w~11 be determined as a separate category. The price !or the fust category (early and midseason fruit) wiU be rnmputed as folbws: the Buyer will deduet from his selling price ~(F.O.B. Bradenton. Florida?. certain items of eost and proCt as fdlowa: 1. For openting exQeasea. includin~ plsnk stonge, freezing, =,qg per case o( ~hilled juice aold wuehousing. seWng, administrauon expenaes. etc. 2. For packaging materials. or imeilarp~ckaging aa det g~rmined by Buyer (not to be determined by ~ pricea charged by affiliated companies) TROQiEANA PRODUCTS~ INC. 3. ~ort. P. 0. BOX 338 ~ Q~ of F.O.s. ~u~s p~ 6;tADENTON, FIORIDA ~so 6 80aK~45 Pq~ 957 " - <:~w ~ _ - _