HomeMy WebLinkAbout1191 X32 (80) ,
Non-Mut 4843
THIS AGREEMENT. made this 23rd ~8y of February 19 79
between KAY TWO GROVE, LTD., A Florida Limited Partnership (G-209-0)
4
of P. 0. Box 1120, Ft. Pierce, Florida 33450
(hereinafter called the Grower), and TROPICANA PRODUCTS, INC., of Bradenton, Florida, the Buyer.
WITNESSETH: I
i
That the Grower, for and in consideration of the payments received and to be received, as hereinafter recited, has agreed and does
hereby agree to sell to the Buyer alt White Grapefruit of good wholesome, merchantable and marketable quality from the grove
or groves hereinafter mentioned. The fruit to be purchased, all of which fruit ie to be of good, wholesome, merchantable and marketable
quality, is as follows:
All WHITE GRAPEFRUIT in the KAY TWO GROVE, LTD. GROVE known as BLOCKS S S~ 6,
rough lemon rootstock, being in St. Lucie County. i
{
5
Z
a
r
. s
i
I
No White Grapefruit from any of such groves is to be sold or delivered by the Grower to anyoneother than the
Buyer without Buyers written permission and this entire agreement is to be a lien upon the fruit produced in the above grove orgroves,
irrespective of any subsequent transfer of title to them. In the event of any attempt to so sell to another, the Buyer shall be entitled to
r injunctive relief and if any such sale or delivery ie consummated, the Buyer shall be entitled to snch other relief as is allowed by the
applicable law. If fire, 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 ao prevented from accepting.
The fruit ie to be .picked by Grower and is to be delivered by Grower to Buyer s processing plant. In the event that, through
circumatancea beyond hie control, the Grower shall be unable to pick and load the fruit, the Buyer shall have the right but not the
obligation to do eo, charging the Grower for such service at Buyers coat. In the event that, for reasons beyond Grower's control, Grower
shall be unable to transport the fnut, Buyer shall have We right but not the obligation to transport the fruit charging the Grower for ouch
service pereighty-five (851b.) pound box. The fruit is to be picked and delivered as and when designated by Buyer bnt in this respect the
Buyer will as much as possible, but not to hinder his operation, accommodate himself to convenience of Grower. The Buyer ehaU have
the right, but not the obligation, to take fruit having degrees Brix lower than 9.0°. He shall have the right, but not the obligation, to take
fruit having a Bri: 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 fruit delivered during that week at the rate of 7096
~ of Buyers spot market price at time of delivery. This is to be known as the "lento tine price."In the event that the fruit has been picked or
x transported, or both, by the Buyer, the charges for such service as set forth above are to be deducted from the "lentatitx 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
grapefruit juice sold. All fruit received from all sources (including Tropicana's ownsthite grapefruit, and all the_ythj,te_ •
grapefruit they may buy) will be used in computing price and all suppliers will be treated equally. The price for the fivit will be compnted
} as follows: the Buyer will deduct from hie net amount received (F.O.B. Bradenton, Florida), certain items of coat and profit as follows:
s
~ '
.
I. For operating e:penaes, including plant, storage, freezing, E.85 per case of chilled juice sold
warehousing, selling, administration expenses, etc.
open market price of the foregoing
2 For packaging materials. • • ~ items or similar packaging as
_ determined by Buyer (not to be
3. Profit j;.'„ ~ ~ ~ _i , i 1~'~~... determined by prices charged by
. t,.~ra ty affiliated companies)
~,l). OY ~3~ 396 of net F.O.B. selling price
G ,7 Qi~t ~ ~ ~ ~ Brd~'entcn, fio?ida 33`::~b
stn°~~~ ~ ~