HomeMy WebLinkAboutContracts & Agreements_8-1983_CCv0001.pdf J
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--(hereinafter called "Packer")
RECITALS
Sunkist Members:
1. Grower is a member of Sunkist Growers, Inc. and/or
(hereinafter called "Sunkist'l and as such, Grower's citrus fruit is marketed through Sunkist.
2. Grower has elected to contract for packing services with Packer.
3. Packer is licensed by Sunkist Growers, Inc. and/or -
to park fruit for member growers of Sunkist Growers, Inc. and/or
and Packer has facilities to pack Grower's fruit.
4. Packer and Grower desire to define the relationship under which Packer will pack and ship the fruit- for Grower consistent with
Packer's license and Grower's membership in Sunkist as noted above.
AGREEMENTS
Grower requests Packer and Packer agrees to perform the servicse listed in Paragraph 11 hereof for the following crops (hereinafter referred
to as the "Crops") from the following locations:
No. of Acres Crops Location
white grapefrvuit
2 valenc i-as
1�hit,3 gi-a-uefruit
valenclas �3W Wabash & Ha tracks
11.
Packer agrees to wash, sort, process, pack and arrange for shipping all of said fruit which in Packer's opinion is suitable for commercial
shipment and sale, according to its usual trade practices, and Grower agrees to pay packer the customary charge for such services.
Grower hereby assigns monies due or to become due Grower in sufficient amount to cover all grower's obligations presently due or to be-
come due to Grower to such party Grower chooses for picking, hauling of fruit, or other services. Grower shall notify Packer of the party so
chosen and Packer is authorized to pay over to such designated party money in sufficient amounts to cover Grower's then due obligations to such
party.
In the event that advances are made by Packer to Grower for the benefit of Grower, Grower shall be liable for repayment thereof in ac-
cordance with the terms of this Agreement.
Advances by Packer to Grower or for the benefit of Grower shall be subject to the right of Packer, at any time, to terminate any further
such advances if Packer, in its sole discretion, determines that the crop proceeds may not be adequate to cover estimated expenses incurred
and advances actually made, as,,well as those anticipated to be incurred by the end of the crop year. In such event the,Packer may, at
its sole discretion, make written demand on Grower to give Packer additional security of a kind and in an amount' satisfactory to
Packer within ten (W) days from date of said demand, and if Grower fails to comply with said demand, Packer shall have the option of ter-
minating any further obligation on its part under this Agreement and accelerating the due date of all monies advanced by, Packer to Grower
pursuant to this Agreement.
Grower warrants that Grower is, and during the term of the Agreement shall be, the sole owner of the Crops, and that there are and
shall be no encLmbfances, lien, or claim against the Crops or any part there-of, except as follows:
Grower warrants that payments on all encumbrances that now are, or at any time during the term of this Agreement may be, on the
real property on which said Crops are located and/or being grown, are now, and at all times during the terms of this Agreement shall be,
current,
IV.
Crops shall be delivered to Packer's packing house at Redlands, CA
or to such other location as Packer shall designate.
Packer may reject products that, in its opinion, which shall be conclusive, do not meet its minimum grade, quality or size specification
and may return substandard products to Grower at Grower's expense.
V.
This Agreement shall be effective from the date hereof and shall continue until 19" ("Termination Date') and
shall continue thereafter from year to year until either party gives written notice of termination to the other. Such notice shall be given within
ten (10) business days prior to the Termination Date of each year. Grower shall not be entitled to give such notice if Grower is indebted to Packer.
VI.
In the event Packer deems it necessary or advisable to commence, prosecute, or defend any court action arising out of, or in any way
connected with, this Agreement, the Crops described in Article 1, above, the proceeds of said Crops, or any rights of Packer or Grower with
respect thereto, the prevailing party shall recover reasonable attorney's fees and court costs from the other party.
vil.
In the event of a breach by Grower of any of its warranties, promises or agreements set forth in this Packing House Agreement, Packer
may, in its sole discretion, accelerate the payment date of all advances made by Packer under this Agreement.
Vill.
THE PROVISIONS ON THE FRONT AND BACK HEREOF CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE
ALTERED OR AMENDED EXCEPT IN WRITING.
WITNESS our hands the day and year first above written.
GROWER: PACKER:
Wd-d,;.: Address: 1�edlands "iv, Blue Goose Growers, Inc
U Bcjx 200 tc) '13-)y
a n d 9 L: X23771 Nen tone C 4k 9235)
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By7
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By: iv rz'
(Z nized Signature)
J (Title:
For Use with Sunkist Members
(Arizona and California)
DISTRIBUTION: White- Division Copy;Yellow -Growers Copy