Loading...
HomeMy WebLinkAboutNelson & Company Fruit Purchase Contract 00161 -1989 12 18`i . ~~ /~r+ TRADEMARKS WNITEROSf -BEN FRANKLIN ~~~ MOONBEAM GROWERS AND SHIPPERS CITRUS AND CELERY `• .. r- ~ INCORPORATED December 18, 1989 From: Nelson & Company, Inc. To: City of Winter Springs Re: (1) Fruit Purchase Contract 00161 Subject: Hold Harmless Agreement Nelson & Company, Inc. of Oviedo, Florida agrees to hold the City of Winter Springs, Florida harmless and indemnify the City from any claims, damages, attorney's fees, court costs, appellate attorney's fees and costs arising from any occurance related to the harvesting of citrus purchased under Contract No. 00161. _~ John Evans Vice President WNEELCO FERTILIZER. TRUE-VALUE HARDWARE. BUILDING SUPPLIES. RAINBOW IRRIGATION SYSTEMS so P.O. BOX 789 / OVIEDO, FLORIDA 32765-0789 /PHONE (305) 365-6631 ~. ----------T- -- --•-~,--- r '_~ S T A N D A R D F R U I T C O N T R A C T _ This AGREEMENT made this day of BUYER ' ~ ~ ` _. ~ . Phone : `• ~> **HEREINAFTER CALLED BUYER 19 SELLER _, between: Phone: **HEREINAFTER CALLED SELLER WITNESSETH, that the SELLER does hereby sell and convey to the BUYER entire crop of citrus fruit blooming in the year 19 and merchantable at•the time of picking on the groves located at : ~ . ~ ,; ' which crop the SELLER Hereby warrants to be~free and clear of all encumberances, on the following terms: VARIETY APPROX. N0. PRICE OF BOXES PER UNIT on or before [ 1 ] PAYMENT SELLER hereby acknowledges receipt of $' `'` r' -:;,. ~( ) -Part of the purchase price of said fruit.. l [+:] Payment in full for bulk purchase. MOVING DATE on or before on or before ° check no. The balance of the purchase price shall be paid days after completion of picking or as follows: [2] ENTER PREMISES BUYER, it's agents, employees and vehicles may enter upon SELLER'S premises and the above described grove(s) from time to time for tt-e purpose of inspecting, testing and picking fruit, and for the purpose of removing said fruit. [3] FAIL TO PICK Should BUYER fail to pick and remove the fruit as herein provided; the amount hereto- fore paid to the SELLER shall be forfeited to and retained by him as liquidated damages; except that in the event said fruit shall become damaged by cold, hail, fire, windstorm, insects, disease or other hazard, the BUYER shall have the right to terminate this contract, and the SELLER thereupon agrees to refund to the BUYER the advance payment this day made, or that portion thereof not absorbed for fruit picked prior to such termination. [4] PREVENTED FROM PICKING Should the BUYER be prevented from picking and removing said fruit for any period of time due to strike, embargo, quarantine, act of God, or other condition beyond his control, the date limit for removing said fruit shall be extended for a period of time equal to said delay. Other Provisions: [5] DEFAULT It is further agreed that in case of default by either the BUYER or SELLER the opposite party may, at his option, take legal action to enforce this contract or may enter into negotiations to carry out the terms and provisions thereof, in which event the party found to be in default shall pay reasonable costs in connection with either negotiation or litigation, such cost •to include a reasonable attorney's fee to party prevailing in such controversy. [6j BOND The Citrus Fruit Dealers Bond is not insurance against total liabilities that may be incurred if a citrus fruit dealer should default. [7j LAWS This contract is made expressly subject to all laws of the United States and the State of Florida relative to citrus fruits and the marketing thereof; is also expressly subject to all rules and regulations now in force or which may be hereafter promulgated by the Florida Citrus Commission, or by any other agency of the United States. IN WITNESS WHEREOF we have hereunto set our hand(s) and seal(s), the day and year first above written. .. ,,_ WITNESS FOR $UYEk ~ •BUYER By: ~ ,~ t Authorized Representativie WITNESS FAR SELLER S£IYLER White Copy Buyer / Yellow Copy Seller 1?~19i89 ?3:~1 '~~~~ h .-J~ i 1 December 18, 1989 FROM: Nelson & Co., Inc. To: City of Winter SprillgF3 RE: (1) ~'ru~.t Purchase Gontract 00161 SUBJECT: Hold Harmless Agreement nelson & Company, Inc. of Oviedo, Florida agrees to hold the City of Winter springs, Florida harmless and indemnify ~:he City from any claims, damages, attorney's tees, court co:~.ts, appellate attorney's fees and costs arising from any occurrei:ce related to the harvesting of citrus purchased under Contract Nc~. t3QI61, Jahn W. Evans, Vf,ce President 12-19-89 09:02 ~M P02 12i19~89 23: Q1 ~tt~ 1 ~A KER, .TOF~NSON, QWEN, MGGUrRE, IviiGHAUn, LANG & KRUPPEN$AGHER, P.A. CO{/NSELORS A7 LAW E CuY PARKER W7LL7AM E. JOH>JSON REPLV TO ORLANOQ pFF7GE; RONALD M QWEry POST OFFICE 60X 2867 H JOSEPH McGJtfip 21P CODE 128p9 6GOTT 17. M7cHAUD J 'S7`iO7T iJ~VARH'+ ARMANDO R. PAYA$ TH'jMAg F LAN3 FRAH1~ C. KAUPPF, tJOAGHER RALPH V. HADLFSY 311 ELMO R. ! IOFFOnaH of cpUNSEt ~- / , //'' MnAK C rJAeOLD C.. /!.- / / [i ~.~,. JAMCS T fEARnR4 ( !/ d / ALAfJJ LAIJDEFi~MN PAMELA A MARS MARK L ORNSTEtIJ WILLIAM T ROSHKO KENUETH R EE>At MARK $. WALKER M7CHA£L D. WiLLIAMS MICHAEL K M71-TELMARK 9fi~AN 5. FOk PAUL 6USHMAN>v ~ra : /~ COMPANY: FROM: R£GARUING: FILE NO.: NUMBER 4F PAGES (INCLUDING GC7VER SHEET): CGMMENTS: SENT BY: O1~lANDO OfFIGE 1300 BARNETT PigtA 2P1 SOUTk QRANdE AYENtJE bRLaNDO. FLORIDA 32801 TELEPHONE (4PTi A25.49t0 FASCIMlIE {~07) +723740 DEERFIELD BEACH c7FFtGE fi00 WEST HILLSBORO BLYD SLI7rE 560 DE£HFIELO BJwAGM. FLORIDA 73441 TELEPHONE (305) 427-tOt t FACSIMILE (9051 42 t - t 358 . ~i ~-f~~~ ~~` ~~ ,~ -.-~ 1 _._ 12-19-8J 09:02 AM F0: