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HomeMy WebLinkAbout1583 4;3x6'78 (sod o ~ Non-Mat 3528 THIS AGREEMENT, made this 13th ~+ay of December 19 78 between _ _~ERMAN HEISE be EARL LINDSEY (K-920-0) of 1395 - 34th Avenue F Vero Beach, Florida 32960 (hereinafter called the Grower), and TROPICANA PRODUCTS, INC., of Bradenton, Florida, the Buyer. WITNESSETH: That the Grower, for and in consideration of the payments received end to be received as hereinafter recited has agreed and does hereby agree to seU to the Buyer all early, midseason and Valencia oranges of good wholesome, merchantable, and marketablequality from the grove or groves hereinafter mentioned. The fruit to be purchased, all of which fruit is to be of good, wholesome, merchantable and marketable quality, is as follows: All PINEAPPLB ~ VALENCIA ORANGES in the HERMAN HEISE b~ EARL LINDSEY GROVE located on Highway 68, approximately one-half mile east of Sneed Road, being in St. Luce County. Tropicana Products, Inc. Participation price to be no less than eighty-five ($.85) cents per pound of solids delivered. If the Participation return is greater, Tropi- cana will pay the difference in accordance to the terms as defined in contract. This Participation price of "no less than eighty-five ($.85) cents per pound of solids de- livered" applies to the 1978-1979 season only. Thereafter, this contract will con- t inue under the regular terms unless terminated by either party on or before June 30 of the year prior to the next growing season, as defined in this contract. G No fruit from any of such groves is to be sold or delivered by the Grower to anyone other than the Buyer without Buyer's written permission and this entire agreement is to be a lien upon the fruit produced in the above grove or groves, irrespective of any subsequent transfer of title to them. In the event of any attempt to eo seil to another, the Buyer shall be entitled to injunctive relief and if any such sale or delivery is wnsummated, the Buyer shall be entitled to each other relief as ie allowed by the applicable law. If fine, strike, Act of ~ God, etc. prevents Buyer from accepting any of Grower's fruit, Buyer will permit Grower to sell elsewhere the amount of fruit that Buyer is so prevented from accepting. The fruit is to be picked by Grower and is to be delivered by Grower to Buyer's processing plant. In the event that, through circumstances beyond his control, the Grower shall be unable to pick and load the fruit, the Buyer shall have the right to do so charging ' the Grower for such service at Buyer's coat. In the event that, for reasons beyond Grower's control, Grower shall be unable to transport the fruit, Buyer shall have the right to transport the fruit charging the grower for such service per ninety (901b.) pound box. In both i cases, this shall be the Buyer's right, but not obligation. The fruit is to be picked and delivered as and when designated by Buyer but in a this respect the Buyer will as much as possible, but not to hinder his operation, accommodate himself to rnnvenience of Grower. The 1 Buyer shall have the right, but not the obligation, to take fruit having degrees Brix lower than 9.5°. He shall have the right, but not the obligation, to take fruit having a Briz acid ratio lower' than 11 to 1 up to January 1 of each growing season and lower than 12 to 1 after January 1 of each growing season. No fruit will be delivered under contract after July 15 of current season without consent of Buyer. Buyer will not be requued to take any Temples, Murcotts, Tangelos, or Nave! Oranges. 1 The fruit is to be paid for as follows: The Buyer will advance the Grower weekly for all fruit delivered during that week at the rate of 8096 of Buyers' spot market price))er pound of solids at the time of delivery. This is to be known as the "tentative price."In the event that the fruit has been picked or transported, or both, by the Buyer, the charges for such service as set forth above are to be deducted from the "tentative price" before payment is made. The final price to be paid to the Grower will be based upon the net amount received by the Buyer for the chilled orange juice sold. All fruit received from all sources (including Tropicana's own oranges, end all the oranges they may buy) will be used in computing price and all suppliers will be treated equally. The price for fruit classified as early and mideeason fruit will be determined as one category and the price for fruit classified as late season will be determined as a separate category. The _ price for the first category (early midaeason fruit) will be computed as follows: the Buyer will deduM from his net amount received (F.O.B. E Bradenton, Florida), certain items of cost and profit as follows: f 1. For operating expenses, including plant, storage, freezing, =.85 per case of chilled juice sold warehousing, selling, administration expenses etc. market price of the foregoing 2. For packaging materials. RETURN TU items or similar packaging as TRDPICAIIA PRGDi;C1S, INC. determined by Buyer (not to be determined by prices charged by 3. Profit - P.D. QOX X38 0.+CO~Ao~ affiliated companies). •Vt ~,'..Uc 1578 Bradenton, Fiarida 33~u~ 3% of net F.O.B. selling price k - - Y ~ _