HomeMy WebLinkAboutNelson & Company Fruit Purchase Contract 00161 -1989 12 18`i
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TRADEMARKS
WNITEROSf -BEN FRANKLIN ~~~
MOONBEAM
GROWERS AND SHIPPERS
CITRUS AND CELERY
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~ 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 ~.
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'_~ 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 $UYEk ~ •BUYER
By: ~ ,~ t
Authorized Representativie
WITNESS FAR SELLER
S£IYLER
White Copy Buyer / Yellow Copy Seller
1?~19i89 ?3:~1 '~~~~
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1
December 18, 1989
FROM: Nelson & Co., Inc.
To: City of Winter SprillgF3
RE: (1) ~'ru~.t Purchase Gontract 00161
SUBJECT: Hold Harmless Agreement
nelson & Company, Inc. of Oviedo, Florida agrees to hold the City
of Winter springs, Florida harmless and indemnify ~:he City from
any claims, damages, attorney's tees, court co:~.ts, appellate
attorney's fees and costs arising from any occurrei:ce related to
the harvesting of citrus purchased under Contract Nc~. t3QI61,
Jahn W. Evans,
Vf,ce President
12-19-89 09:02 ~M P02
12i19~89 23: Q1
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~A KER, .TOF~NSON, QWEN, MGGUrRE, IviiGHAUn, LANG & KRUPPEN$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
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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
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12-19-8J 09:02 AM F0: