HomeMy WebLinkAbout0835 Prepared by: Arlene Shuford
4,~~~t~ Bowen Bros , Inc .
P O Box 1609
Winter Haven, Fla. 33880
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~ MARKETING AGREEMENT AND ASSIGNMENT
This Marketing Agreement and Assignment executed as of
the 28th day of July 1978, by and between RIVER CITRUS, INC. '
a Florida Corporation, hereinafter referred to as RIVFR CITRUS
and BOWEN BROTHERS, INC. A Florida Corporation, having its
office and principal place of business at Winter Haven Florida
hereinafter referred to as BO~~TEN.
WITNESSETH:
. «iEREAS (1) River Citrus is presently indebeted to ~
Bowen in the amount of $533,OOO.QO, which represents advances
made by Bowen to River Citrus for citrus fruit to be delivered
to Bowen Account during the 19~8-79 fruit season.
~WHEREAS (2) River Citrus has assigned fruit purchase
contracts between River Citrus and their growers for the 78-79 `
fruit season and will continue to assign all purchase contracts
to Bowen written by River Citrus during the 78~79 fruit season. ~
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NOW THEREFORE, the parties covenant and agree as follows: ~
_(a) River Citrus does hereby grant, bargain, sell, alien, `
remise, release, convey confirm and assign unto Bowen al.l of ;
his 1978-79 fruit purchase-contracts and citrus fruits represented
therein. ~
(b) River Citrus further covenants ancl agrees to and with
Bowen that Bowen shall be soley responsible for the sale and
marketing of said citrus fruits in its absolute discretion that
Bowen shall collect the proceeds for said sales, shall make disbursements ~
to Growers, as specified in Grower contracts assigned to Bowen, ~
or as called for in the norr.tal course of business as recognized in
~he Citrus industry. Shall make advances for picking and hauling j
of said citrus fruit if necessary to facilite delivery to plant or j
plants.
(c) River Citrus will assign contracts to total approximately ~
533,000 boxes of round oranges for delivery during the 1978-79 fruit
season. Bowen will credit River Citrus' account with advances ~
made by River Citrus to growers contracts being assigned to Bowen.
A full accounting being available=upon request by River Citrus.
J i .
River citrus will be entitled to4"~
~ net/net profits, if any on all
fruit hand2ed by Rowen using the following formula: #
304,000 Boxes of round oranves delivered to Bowen account ~
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the final net/net price received by Bowen will be the final =
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