HomeMy WebLinkAbout1879 r
i
4~~i~r Non-Mot 5010 (80) ~
O
THIS CONTRACT, made this 23rd day of 14 80
between WILLIAM KREUTER AS TRUSTBB (A-fl60-11)
of Suite 840, Hartford Building - 200 Bast Robinson St., Orlando, Florida 32801
(Grower) and TROPICANA PRODUCTS, INC., of Bradenton, Florida (Buyer).
WITNESSETH:
1. Grower, in consideration of the payments received and to be received pursuant to this contract, agrees to sell to Buyer all early,
midseason and Valencia oranges of good, whoksorne, merchantable and marketable quality, from the following specified groves:
All VALENCIA ORANGES in the WILLIAH KREVrER AS TRUSTEE GROVE located approximately
three-fourths mile south of Orange Avenue, on the east side of Sneed Road, being
in St. Lucie Cotmty, Florida.
This agreement is for the 1979-1980 season only.
This contract supersedes previous contract entered into between parties dated
February 12, 1975, being Contract #A-D40-6 in the name of Sippican Groves, Inc.
2. No fruit from any of these specified groves is to be wld or deliveral by Grower to anyone other than Buyer witFwut Buyer's written
permission. This contract is to be a lien upon the fruit produced in the above groves, irrespective of any subseyuent transfer of title to them. In
the event of any attempt to sell to another, Buyer shall be entitled to injunctive relief. !f ani such sale or delivery is consummated, Buyer shall
44 be entitled to such other relief u is allowed by law. If fire, strike. Act of God, etc., prevents Buyer from accepti:g any of Grower's fruit. Buyer
1 will permit Gruver to sell elsewhere the amount of fruit that Buyer is so prevented from accepting.
3. The fruit is to be picked by t',rower 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 loading fruit to do so, charging the Grower the actual cost of the picking and loading. In the event that, for reuons beyond
Grower's control, Grower shall be unable to transport the fruit, Buyer shall have the right to transport the fruit charging Grower tnr such
service per ninety (90 Ib.) pound box. In both cases, this shall be Buyer's right, but not obligation. The fruit is to be picked and delivered u and
when designated by Buyer 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 the right, 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 11 to 1 up to January 1 of each growing season, and lower than 12 to
1 after January 1 of each growing seuon. No fruit will be delivered under contract after July 15 of current season without consent of Buyer.
Buyer will not be required to take any Temples. Murcotts. Tangelos, or Navel Oranges.
4. Tbe fruit is to be paid for u follows: Buyer will advance Grower weekly for al) fruit delivered during that week at the rate of 8096 of
Buyers' spot market price per pound of solids at the time of delivery, kss the items to be deducted u stated in paragraphs 4 and S of this
contract. This is to be known u the "tentative price". In the event that the fruit has been picked or transported, or both, by some person, the
charges for such service as set forth above are fo be dt:ducted from the "tentative price" before payment is made. The final price to be paid to
Grower will be based upon the net amount received by Buyer for tbe 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 suppliers will be treated equally in computing that price. Tbe price
for fruit classified u early and midseason fruit will be determined as one category and the prig of fruit classified as late season will be
determined u a separate category. The price for both categories wilt be computed as follows: Buyer will deduct from his net F O. B. Bradenton,
Florida, selling price less allowances, certain items of cost and profit u follows:
1. For operating expenses, including plant, storage. freeang, S.9S per case of chilled juice soW. ~
warehousing, selling, administrstioa expenses, etc.
market price of rho foregoing items
2. For packaging materials. or similar packaging ss determined }
by Buyer (not to be determined by
F._ii;;l 7~ prices charged by affiliated co~n-
3. Profit. TFcOPICI:hA i D~_ C 1 S, I' . 3~net FO.B. selling price. #
~ P.O. Box :33 -~c~
8ra~+en!on, Florida 33:C,~ 6~L~ P1~E18,J
_ -
4 ~ ~
`C.,~ ~
F`v
T,T.
n"
_v