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HomeMy WebLinkAbout0732 • .w. 1: i _ t , ' \ ~ - - - •'T~- - . .fit, _ ~ _ _ . t'. 5 YBAR CONPRAGT ~ - _ Non~irlut 5666 (80) 4~~5 ~ THISG~OAFIFACT, msdethis- 19th - - -dsyof----'iu~- - - - ._........_..,__,_..'Q 79.~. - [ ~ - betrlreen FRANK. I~ADB, JR. c~L. Ralph oppe~~~'(H-112-1 ~ P. 0. Boa 1600 - Ft. Pierce, Florida 33450 (Grower) and TROPICANA PRODUCTS. INC., of Bradenton, Florida (Buyer). WITNESSETH: 1. Grower. in oon:ideration of the payments received and to be received pursuant to this contract. agrees to seU to Buyer-all early, midaeaaon and Valencia oranges of good. wholesome, merchaatabk and marketable quality. from the following specified groves: _ All of the HAt~IN, PINEAPPLE and VALENCIA ORANGES in the FRANK 1~AD8, Jlt. GROiB known - as GROVE #4, located in-St. Lucie County. -Legal Descriptions as follows: 09-34-39 N 1/2-of NS 1/4 -less 8 70 FT and-less W 18 FT - (77.90 Acres) (1) (OR 293-2083) and - 04-34-39 S 1/2 of S 1/2 of SW 1/4 of SE 1/4 - less W 18 FT -and SB lj4 of SB -less • 8 70 FT (48.50 Ac) (14) (OR 293-2083). - _ _ For further information see ADDBNDikt.attached. { _ _ - _ • r I - _ ~ l~ _ ' .1 F 11 ~ { } ~ t .K.: { 2. NO fruit from ' Of theses any pecdied grows rs to be sold or delivered by Grower to anyone other than Bayer without Buyer's written t permission. This contras le to be a lien upon the frail produced in the above groves, irrespesive of any subaegoent transfer of 6tk to them. In - the event of any attempt W aeL to another. Boyer shall be entitled to injunctive relief. if any sorb auk or delivery is consummated, Buyer shall be entitbd to such otharelief as is allowed bylaw. Tf fire, strike, Act of God, etc. ,prevents Buyer from aoo~pting any of Grower's fruit, Boyer - will permit Grower to sell elsewhere the amount of frail that Buyer is w prevented from accepting. 3. The frail is to be picked by Groursr and is to be delivered by Grower to Buyer's processing pleat. In the every that, through circtnnstaaoa be~and-Ins eaotrol, Grower shall be unable to pick and load the fruit, Bayer may amnge fir some person in the business of pitting and bsdtn fruit ro do so, charging the Grower the usual coat of the picking sad badiug. In the event that. for ressons beyond Glower's control shall be unable to transport the bout, Bayer:hall have the right to trtnsportt the trait duxgiag Grower for loch aavitx per ninety (9pl .)potmd boa. In both cases, this sha116e Buyer's right. hot not obligation. The fruit is to bepicktd and delivered as aM when designated by Bayer btrt in this rape~t Btiya will as mach ss possible, but not to binder 6is~ operation, accommodate himself to convemeooe of Grower. Buys shall have the right, bar not the obGgatioa, to take frail having degrees Brix lower than 9.5. He shall have the right. bat not the obNgatit+a, so tube fruit hmntt a Briu scid r~io borer than 11 w 1 nQ to Is~ I of each growing seasaa, and borer thm 12 w • 1 after January 1 of each growing season. No f`rurt will be delivered under contras aBer July S of current season without consent of Buyer. Bayer will not be tr+quirod to take any Temples, Mur+ootts. Tartgebs, or Navel Oranges. - ~ 4. The frnu is ro be paid for as follows: Buyer will sdvance Grower weekly for aU fruit delivered during that. week at the rate of 8096 of - Buyers' mot market price per gonad of solids at the time of delivery, less the items to be dodused as stated is paragraphs 4 and S of this caatract. 'ltis is to be known as the "tentative price,,. In the event that the fruit has been picked or transported, or both, by some person. the charges for such service a yet forth above are to be dednsed from the "tentative price,. before payment is made. The final price to be paid to ' Orawar wiD be bayed upon the rst aaxwat recavt~i by 8a er for the chilk~d orsage juice sold. All fruit ret~sived from all acwrces (including ~ forfor ~s ~laaafie~d a: ~ aB ~ ~ ~y ~y ~ be used and au stgrpliers will be treated equally in computing that pricx. The price early and midaettaon broil will be daarrtined as one category find the price of fruit classified as late season will be delamimd as a sefsrate category. The price for both categories will be computed as follows: Buyer will dedus from, his net F O. B. Bradenton, Plaids. selling pone ku albwances. certain items of cost and profit as follows: 1. For optxatisg elipea~aes, iacludia8 Pte. sue. freering, - 5.95 per case of chilled juice sold. - wardtouaing, selling. administration e~tpenses, etc. market ptioe of the foregoing items 2. For packapng materraB. - a similar packaging as determined . TO by Huyer (not to be determined by TROPICANA PRODUCTS, INC. - Pi,)~ti~ by tom 1 ~ 3. Profit. 396 of net F.O.B. selling price. _ . - _ _ _ . P.O. Box.338 _ . - - . _ _ - _ Bradenton, Florida 33506