HomeMy WebLinkAbout1059 c.
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Hut 8570 (80) ~
CASH PURCHASE CONTRACT Contract
No. 8-129-11
482919
THIS CONTRACT, made this 1st day of ,!lpr~.l , 19$0
1~~,0 N. 2nd Street
between _3~t$EQO FRUIT COMPANY of Pt. Pierce, Fl. 33450 iSeller) ' '
and TROPICA'~A PROOLICTS. 1NC, of Bradenton, Florida (Buyer).
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WITNESSETH: I
1. Seller in consideration of the payments received and to be received pursuant to this contract agrees to sell
to Buyer all citrus fruit of good wholesome, merchantable and marketable quality, as toUows:
All of the VAL$NCIA ORANGES (except LATE BLOOM) of the 1979-1980 season.
@ $.90 per pound of-solids delivered, less the actual cost per 90# weight box
for pick and load, and less $.20 per 90# weight box for haul.
Fruit must test 13:00 to 1:00 Ratio, or better.
2. All fruit contrasted to be purchased shall be delivered to Buyer on or before seasonal - , ly .
provided Seller shall not be hampered or prevented from picking or shipping the same within said period by Act of God, strikes, i
railroad or otherembargces, quarantine or any other condition, matteror thing, beyond its control, in which ease the time for gathering
and shipping said fruit shall be extended a length of time equal to the penal of the hampering or prevention caused as afure~id. In the
rvent that through circumstances beyonei his control Seller shall be unable to pick and load the fruit, Buyer may arrange tilt some
person in the business of picking snd loading fruit to do so, charging Seller for such service at Buyer's cost. In the event that through
circumstances beyond his control Seller shall be unable to transport the fruit, Buyer shall have the right to dt. u~ charging Setter for
such service per ninety (901b.) pound box for oranges, and eighty-6ve (85 ib.) pound box fur grapefruit. In both cases this shall be .
Buyer's right, not obligation,
3. Without limiting meaning of "good WIIOIgUUIC, utc~.,uauwulr anu marwriauic It u agreed that in event of
substantial damage by weather, such as frost or freezing, wind, drought, hail. etc.. Buyrcr may elect to abandon this contract
which shall be done by registered mail mailed not later than fourteen days after the termination of the weather condition
which caused the damage, sent to address given below whereupon Buyer shall be entitles! to immediate refund of advance _ 3
payment less price of any fruit picked for which settlement has not been made. In such case Buyer may elect to take such t
fruit az he shall. consider useable, provided Buyer pays for it in accordance with the terms of this contract. ~
4. Buyer has this day advanced to Seller the sum of S ,the receipt
of which is hereby acknowledged by the Seller, which sum is in advance and part payment for said fruit at the price above
stated. Should Buyer, in breach of this contract, refuse to take this twit, the amount remaining on deposit with the Seller
shall be forfeited to Seller and shall be the sole damage hereunder.
5. If the value of the good wholesome, tnerchantabte and marketable fruit available has not equalled the amount
paid by Buyer at the conclusion of the season provided for herein. the overage immediately will be returned by Seller to Buyer.
6. Seller warrants good title to said fruit with lawful right to enter into this contract and warrants that it will be
free of all bens and claims. The individuals signing this contract on behalf of Seller represent that they have authority to do so.
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7. None of the fruit identified in this contract is to be wld or delivered by Seller to anyone other than Buyer without o
Buyers written permission. This contract is to be a lien upon the fruit irrespective of any subsequent transfer of title to it. N e`~•a
In the event of any attempt by Seller to sell to another, Buyer shall be entitled to injunctive relief, plus all other relief o ~j oo A
allowed by law. r ~ ch v
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8. Buyer and Grower agree. that should Iega! action be brought to enforce the terms of this contract. it maybe r m
brought in Bradenton, Manatee County, Florida. ~t is also agreed that should either party be required to bring legal ~ ¢ O o
action to enforce the terms of this contract, the party so prevailing shall be entitled to reasonable attorneys fees and costs. ~ a' ~
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The TUXEDO FRUIT COI~ANY GROVES kaawn as GROVB #9, located on Williams Road, off t`~-
McCarty Road, GROVE #6, located approximately one and one-half miles south of
Indrio Road, on Siminole Road, and GROVE #2, located era Header Canal and Kelly
Road, all being in St. Lucie County, Florida. s
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r THIS IN TR
M~ ~ pRFpAREb
T.` ICAi;A PRODU n ~
SsES: 0 B, 3 .Sr ~NL,SIC;\ATtRES T~ FRUIT COMPANY
,L~ t~. rLGRIQA 3.i5~J6
- Seek F.n Aut nftd Altent
Y
. 1110 N. 2nd. Street
.`L~ ~ ;.f•~~~ ' Pt. Pierce, Florida 33450
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•f'' iaJ sq T~t~pl PR (~T~'. 1\C.
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• ~ J. Og y -Vice-President