HomeMy WebLinkAbout1065 ' Mot 8570 (80) 7
CASH PURCHASE CONTRACT Contract
No, B-124-11
4~~922
THIS CONTRACT, made this 27th day of March ~ , 190
wv Ft~~Pierced~Flt~
between 1RJXEDO FRUIT A_ of a 3~V
!Seller)
and TROPICANA PRODUCTS. INC. of Bradenton, Florida (Buyer).
WITNESSETH:
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, merehantabk and marketable quality, as follows:
All WHITB GRAPEFRUIT (except LI1TB BLOOM) of the 1979-1980 season.
@ $1.05 per potmd of solids delivered, less the actual cost per 85# weight box
for pick and load, and less $.20 per 85# weight box for haul.
Fruit must test 9:00 Brix with 8:00 Ratio, or better.
2. All fruit contracted to be purchased shall be delivered to Buyer on or before seasOn81 , 19 80 ,
provided Seller shall not be hampered or prevented from picking or shipping the same within said period by Act ut Glxi, strikes,
railroad or other embargoes, quarantine or any other condition, matter or thing, beyond its control, in which cake the time for gathering
and shippjng said fruit shall be extended a length of time equal to the periaf of the hampering or prevention caused as aforesaid. In the
event that through circumstances beyond his control Seller shall be unable to pick and load the fruit, Buyer ma} ertenge for some
person in the business of picking and 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 do io charging Seller for
such service per ninety (90 Ib.) pound box for oranges, and eighty-five (85 Ib.) pound box for grapefruit. In both rases this shell be
Buyer's right, na obligation.
3. Without limiting meaning Of "good WROIt~VUIC, lncla,uautaurC erW ttterwewOlG Il >S agreed that in event of
substantial damage by weather, such as frost or freezing, wind, drought, hail, etc., Buyer may elect to abandon this contract
which shall be done by registered [nail [nailed not later than fourtan days after the termination of the weather condition
which caused the damage, sent to adtirrss given below whereupon Bttyer shall be entitled to immediate refund of advance
payment less price of any fruit picked for which settlement has not bcen made. In such case Buyer may elect to take such
fruit as 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 fruit, the amount remaining on deposit with the Seller
shall be forfeited to Seller and shall be the sole damage hereunder.
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i S. If the value of the good wholesome, merchantable 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 b}• Seller to Buyer. ~ c~
p U e h A
6. Seller warrants good tick to said fruit with lawful right to enter into this contract and warrants that it will be o '
x o
~ free of all liens and claims. The individuals signing this contract on behalf of Seller reprtrsent that they have authority to do so. ~ m u`.
7. None of the fruit identified in this contract is to be sold or delivered by Seller to anyone other than Buyer without a ~z ~
¢ ~ y
Buyer s written permission. This contract is to be a Gen upon the fruit irrespective of any subsequent transfer of title to it. u ~
In the event of any attempt by Seller to sell to another, $uyer shall be entitled to injunctive relief, plus all other relief o tn'
allowed by law.
8. Buyer and Grower agree that should legal action be brought to enforce the terms of this contract. it may be
brought in Bradenton, Manatee County, Florida. It is also agreed that should either party be required to bring legal
action to enforce the terms of this contract, the party so prevailing shall be entitled to reasonable attorneys fees and costs.
The TUI~DO FRUIT COMPANY GROVES katywn as GROVE #9, located on Williams Road, off
McCarty Road, and GROVE #14, located on Rim Ditch, approximately one mile south
of Carlton Road, both being in St. Lucie County, Florida.
THIS I~ISTP,U~r,E"tT PREPAREb
,~2• U ~ i s fiJVC1 p A f] M
WIT'~ESS~:+~.~,~li i i~iil i i.Ot~l~/y .TJSW stcxa _s: TUXEa•0 FRIIIT COMPANY
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~ ~ Seam a AutAorJed AEeot - - - -
1110 N. 2nd. Street
~ . - Ft. Pierce, Florida 33450
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l = R. A. Barnebey - Pr dent -
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