HomeMy WebLinkAbout0872 4x9''134 Non•Mut 3226 (80)
THIS CONTRACT, made this 28th day o f November 19 79 .
between GRACEWOOD FRUIT COMPANY, 'INC. -George Rahle, Vice-President be Manager
of P. 0. Box 370 -Vero Beach, Florida 32960 (K-A94-11)
(Grower) and TROPICANA PRODUCT'S, INC.. of Brsdenton, Florid: (Buyer).
W 17'NESSITH:
1. Grower, im consideration of the payments received and to be received pursuant to this contract, agrees to sell to Buyer all early,
midseason and Vakncia oranges of good, whokaome, mercluntabk and martcetabk quality, from the following specified groves:
All of the NAMLIN, PINBAPPLE, VALENCIA and Specialty Fruit TBMPLES in the
GRACSWOOD FRUIT COMPANY, INC. GROVE known as the INDRIO GROVE located on the
south side of Indrio Road, being in St. Lucie County, Florida.
For further information see ADDENDUM attached.
This agreement .is for the 1979-.1980 season only.
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j 2_ No fiuit from any of these specifred groves is to be sold or delivered by Grower to anyone other than Buyer without Buyer i written
I permission. This contrset is to be a lien upon the fruit produced in the above groves, irrespective of any subsequent transfer of title to them. In
the event of any attemp to sell to another, Buyer shall be entitled to injunctive relief. If any such sale or delivery is consummated, Buyer shall
be entitled to such other relief u is allowed by law. !f fire. strike. Act of God. etc., prevents Buyer from scceping any of Grower's fruit, Buyer
g will permit Grower to:<ll slsewhere the amount of fruit that Buyer is so prevented from xceping.
3. 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, Grower shall be unable to pick and load the fruit, Buyer may arrange for some person in the business of
picking and loadin fruit to do so, charging the Grower tf~ actual rnu of the picking and loading. lathe event that, for reasons beyond
Grower's cartrol, shall be unable to transport the fruit, Buyer sha116ave the right to transport the fruit charging Grower for such
serviu per ninety (901bJ pound box. In both cases, this shall be Buyer's right, but not obligation. The fruit is to be picked and delivered as and
when designated. by Buya but in this respect Buyer will as much as possible, but not to hinder his operation, accommodate himself to
convenience of Grower. Buyer shall have thrright, 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 Brix acid ratio lower than 1 I to I up to January 1 of each growing season, and bwer than 12 to
" 1 after January 1 of each glowing season. No fruit will be delivered under contract after July IS of curent season without consent of Buyer.
Buyer will not be required to take any Temples, Murcotts, Tangelos, or Navel Oranges.
4. The fruit is to be paid for ss folosws: Buyer will advance Grower weekly for all fruit delivered during that week at the rate of 805ic of
€ Buyers' spot market price per pound of solids at the time of delivery, less the items to be deduced as stated in paragraphs 4 and S of this
contract. This is to be known as the "tentative price". In the event that the fruit has been picked or transporod, or both, by some person, the
¢ charges for such service asset forth above arc to be deducted from the "tentative price" before payment is made. The final price to be paid to
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Grower will be based upon the net amount received by Buyer for the chilled orange juice sold. All fruit received from all sources (including
Buyer's own oranges, and all the oranges they may buy) will be used and all supplier will be treated equally in computing that price. The price
g for fruit classified as early and midseason fruit will be determined as one category and the price of fruit classified as late season will be
determined as a separate category. The price for both categories will be computed as follows: Buyer will deduct from his net F.O.B. Bradenton.
Florida, selling prtce less allowances, cerain items of cost and profit as follows:
= 1. For operating expenses, including plant, storage, freezing, 5.95
1 warehousing, selling. administration expenses, etc. per case of chilled juice sold.
2. For lea rn materials. market price of the foregoing items
' P~ g g RETURN ~ or similar packaging as determined
by Buyer (not to be determined by
TROPICANA PRODUCTS, Prices charged by affiliated con-
` panics).
3. Profit. P.~. BOX 3A~ of net F.O.B. selling price.
R?~ilaninn Clevv1~ 99t:r1: