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HomeMy WebLinkAbout0064 . ~ . (80) . . ~1~4`79 Mut o86s THIS AGRE:E MF.NT, made thia 19th aey or_ -Tu1~_ 197~_, between BECI~R INDIAN RIVER FRUIT CONPANY~ IIdC. _ (D_006-9) R. William Becker, Agent ~ of P. O. Box 3306~Fts Pierce, Florida 33450 Ihereinafter caUed the Grower), and TROPICANA PRODU(,`TS, INC., oi Bradenton, Nlorida, the Buyer. ~ W ITNF.S.St:TH: That the Grower, for and in consideration of the paymenta received and to be received es hereinaRer recated hes agreed and doee hereby agree to aell to the Buyer all early. midseason and Valencia orangea of good wholeeome, merchantable, and marketable quality from the grove or grovee hereinafter mentioned. The fruit to be purchased, nll of which fruit ia to be of good, wholeeome, merchantable and merketable quality, is ae follows: 18,400 boxes combination HAMLIN and PINEAPPLE ORANGES. 42,450 boxes VALENCIA ORANGES. Tropicana Products, Inc. Participation price paid to grawer will be no less than aeventy-five ($.75) cents per pound of solids delivered for the 1978-1979 season. This agreement is for the 1978-1979 season only. This is a replacement contracr f or early/mids/lates not preyiously delivered on Contract #L-035-9, en . - nduring the 1977-197$ season. ~~1 I Advance to be at the rate of 80~ of guaranteed prfce, or of the Buyer's spot market I price per pound of solids at time.of delivery, whichever is greater. ~ r . k ' ~ No fivit from any of euch grovee is to be aold or delivered by the Grower to anyone other than the Buyer without Buyer s written ; permiasion and thia entire agreement is to be a lien upon the fruit produced in the sbove grove or groveB, irrespective of any subsequent ! transfer of tide to them. In the event of any attempt to so sell to another, the Buyer shal! be entided to injunctive relief and if any ench ~ sale or delivery ia wnsummated, the Buyer sha11 be entitled to such other relief as ie allowed by the appliceble laMt. If fire, strike, Act of p God, etc. prevents Buyer from accepting any of Grower'a truit, Buyer wip permit Grower to sell elsewhere the amountof truit that Buyer € ia eo prevented from accepting. s, _ ~ The fruit ie to be picked by Grower and ie to be delivered by Grower to Buyer'a proceesing plant. In the event that, through ~ circumatances beyond hie rnntrol, the Grower ehall be unable to pick and load the fruit, the Buyer ehall have the right to do eo charging . S the Grower for such service at Buyer'e oost. In the event that, for reaeons beyond Grower e oontrol, Grower ahall~be unable to transport ~ the fruit, Buyer ahall havE lhe right to tranaport the fruit charging the grower for euch eervice per ninety (901b.) pound box. In both ~ cases, thie ahall be the Buyer's right, but not obligation. The fruit ia to be picked and delivered ae and when deaignated by Buyer but in ~ thie reapect the Buyer will as much aa poasible, but not to hinder his operation, sooommodate himself Lo conveaience ot Grower. The Buyer shall have the right, but not the obligation. to take fruit having degreee Brix lower than 9.5`. He ahall have the right, but not the ~ obiigation, to take [ruit having a Br~ acid ralialower than 11 to 1 up to January 1 of each growing season and lower than 12 to 1 after ~ January 1 of each growing seaaon. No fruit will be delivered under rnntract aRer July 15 0[ current seaaon without consent of Buyer. ~ Buyer will not be-required to take any Templea, Murcotta, Tangelos, or Navel Oranqea. ~ The fruit ie to be paid for as follows: The Buyer will advance the Grower weekly for all fruit delivered during that week at the rate of 8(~6 . of Buyers' apot market price per pound of eolide at the time of delivery. Thia is to be known aa the "tentatiue p~ice_"In the event that the fruit has been picked or transported, or both, by the Buyer, the charges for auch eervice aa set forth above are to be deducted from the , ~ "tentative price" before payment ia made. The final price to be paid to the Grower will be baaed upon the net amount received by the - Buyer for the chilled orange juice eold. All fruit reoeived from all sourcea (including'IYopicana'e own oranges, and all the orangea they ; may buy) will be used in computing price and all auppliere will be treated equally. The price for fruit claeaified as early and mideeason fruit will be determined ea one category and the price [or fruit claseified as late eeason will be determined aa a eeparate category. The ; price [or the first cateqory (early midaeason fruit) will be computed ae followa: the Buyer will deduct from hia net amount received (F.O.B. y Bredenton, Florida), certain items of coet and profit ae followe: i ~ - a ~ ~ I. For operating expenaes, includinR plant, storage, freezing, i.ri5 per case of chilled juice sold ~ warehoueing, selling, administration expensen etc. ~ € RrTUKtv Tl? market price of the toregoing ' 2. I~or packaging materials. T~OP`~j~~jA PROD~JCTS, IHC. itema or similar packaging as determined by Buyer (not to be E 3. Profit ~ . P.~. QUX ~.'.3~ determined by prices charged by ~ i~ ~ ~ + Etar~da 33~Q6 affiliated oompanies). , ,'t Bra~en.0(l, 37F, ot net F.O.B. aelling price ~ ; ~ ~.r ~ ~ - - - ~ ` ~ r ~ _ ~ ~ ~~,r _ ; ~ ~ ~ ~ x-~;;;:;