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HomeMy WebLinkAbout0736 i.`: st - ~ f - " T. - . ~ ~ - - - - ~~~~s? Mut 5839, THIS AGR>s>,ixsrrr, made.tl+~s 4th soy ~ April _ 19 ~9 between KENNETH A . MORRIS , JR , (G -211- of P. 0. Box 1917 -Vero Beacb., Florida 32960 - (hereinafta called the Grower). and TROPICANA PRODUCTS, INC., of Bradenton, Fbrida, the Bayer. - WI'l'NBSSSI'H: - That the Grower, for and in aonside lion of the payments received and to be received. as hereinafter rested. has agreed and does h~ebyagreetoselltotheBuyerAll w~tite rrapefruitofgoodwholesome.merchantableandmarketablegaalityfromthegrove or groves hereinafter mentioned. The fruit to be purchased, all of which 5rait is to be of good, wholesome, merchantable and marketable quality, is se follows: " ALL WHITE GRAPEFRUIT in the KENNETH A. 1~I01tRIS, JR. GROVE, located at -Header Canal and Goldsmith Road, being in St. Lucie County. i I~ l No white Grapefruit 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 m the above grove or groves, irrespective of any sabeegneat transfer of title to them. In the event of any attempt to so sell to another, the Buyer shall be entitled to I injunctive relief and if any such sale or delivery is oonanmmated. the Bayer shall be entitled to such other relief as ie allowed by the I applicable law. If fire, strike, Act of God, etc. prevents Buyer from accepting any of Grower's fnrit. Buyer will permit Grower to sell elsewhere the amount of fruit that Buyer is eo prevented from accepting. The fruit is to be picked by Grower and is to be delivered by Grower to Buyer's processing plank In the event that, through circnmatanoee beyond his control, the Grower shall be unable to Pict and load the frail, the Buyer shall have the right )rot not the obligation to do eo, charging the Grows: for each service at Bnye:'d ooek In the event that, for reasons beyond Grower's control, Grower shall beunableto transportthe fruit, Buyerehallhave therightbnt notthe obligation to tranaportthe fradtcharging the Gmwerforsuch service pereighty-five (851b.) pound bo:. The fruit is to be picked and delivered ae and when designated by Buyer but in this reaped the Bayer will as much as possible, but not to hinder his operation, accommodate himself to convenience of Grower. The Bnsrer shall have the right, bat not the obligation, to take fruit having degrees Bri: Iowa than 9.0'. He shall have the right, but not the obligation, to take frail having a Brit acid ratio of lower than 8.0 to 1. _ The frail ie to be paid for as follows: The Buyer will advance the Grower weekly for all fivit delivered daring thatweek at the sate of 7091 of Bnyere spot market price at time of delivery. This is to be known ae the ^trntatiuepnce. ^In the event that the frail has bey picked or transported. or both, by the Bnyor, the chargee_for such service asset forth above are to be deducted from the'tentatiuepriQe"before payment is made. The final price to be paid to the Grower will be based upon the net amt recaved by the Buyer for the ~i~led grapefruit juice sold. All fruit received from all sources (inclading Tropicana's own-w e ~ apefnut, and all thew e grapefruit they may buy) will be used in campnting price and all suppliers will be treated equally. The pricefor the fruit will be eoanpnted as follows: the Buyer will dedad from his net amount received (F.O.B. Bradenton, Fbrida), certain items of cost and profit as follows: 1. Far operating espensea, including plant, storage, freeang, =.85 per case of chilled juice sold warehousing, selling, administration espenses, etc. open market price of the foregoing 2. For packaging materials. RETURN 70 items or similar packaging as Tf OPIGANA PRODUCiS, INC. aete~minea by sayer (not to be r-'~ determined by prices charsed by tr~3 Peof i.. Olt , P.0. Bvx 338 affiliates aompaniea) P~ /tom R?adenton, Florida 33506 ~ of net F.o.B. aeuing price