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324Q21 Non-Mut 6069
THIS AGREEMENT, made this 1 l th day of ~J~v 19~,
1x~tw•een 1~HN D NTCA~tS ~ fA-D69-7~
c/o 8. W. lriatthews Grove Service, Bdvard W. liatthews, Agent
of E~ 8~~ ~A~fARAQ~ jtlnrida 32~Q_ _
i ht•reinafter called the Grower), and TROPICANA PRODUGTS, INC., o[ Bradenton, Florida, the Buyer.
WITNESSETH:
That the Grower. for and in consideration ot the payments received and to be received, as hereinafter recited, has agreed and
cloes hereby egree to selt to the Buyer all early, midseason and Valencia oranges of good wholesome. merchantable and marketable
c~u:?lity tmm lhe grove or groves hereina(ter mentioned. The [ruit to be purchased. all o[ which truit is to be of good, wholesome.
merchantable and marketuble quality, is as follows:
All VAI.BNCIA ORANGES in the JOAN D. NiCHOLS GROVE known as the 11ICAOLS GROVE
(Robinson #5),lotated at Indrio Road and Lateral 8, west of State Route 611, being
in St. Lucie County. •
This cantract begins with the 1975-1976 season.
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I No fruit from any of such groves is to be sold or delivered by the Grower to anyoae other than the Buyer. without Buyer s written •
~ permission aad this eatire agreement is to be a 6en upon t6e fruit produeed in the above grnve or groves, irrespective of aay subsequent
t ransfer of title to them. In the event ot any attempt to so sell to another. the Buyer shall be entdled to uyunctive reGei and if any such sale or
delivery is rnasummated. the Grower ahall pay to the Buyer 5ky (i.50) cents per boz fot each boz t6u~ sold or delivered. the parties agreeing
chat such is a tair estimate ot the laas to Buyer tor failure to obtain such boxes of truik I[ Gre. strike. Aet oi God. etc. preveats Buyer [rom
accepling any of Grnwer
s[nrit, Buyer wiU permit Grnwer to sell elsewhere t6e amount of fruit that Buyer is so prevented from accepting.
The Eruit is to be picked by Grovver and ~s to be delivered by Crnwer to Buyer
s processiag plan~ In t6e event tiul. through circumstances
beyond his control. the Crower shaU be unable to Piek snd load the frui~ t6e Buyer shall have the right to do so. chuging the Grower tor such
serviee at Buyer
s cos~ In the event that, f~ reasoas beyond Grower's tontrd. Gro~ver s6~1 be unable to transport the fruit.-Buyer shall have
the right to traasport t6e lruit eharging thegrower tor such servioe per nineet~ (901b•) p~nd bo:- In bot6 cases, t6is shall be Buyer
s right~ but
not obGgation. The fr~it is to be pieked snd delivered ss and wben designaled by Bnyer but in this respect the Buyer will ss much aa possible,
~ but not to hurder hiaoperation, aaanmodate hi~eif to eonvenience of Gmw~er. The Buyer ahal! have the right, but not the obGgation. to lake
~ fru;t having degrees Briz lower tLan 9.5°. He ahall have the right, but not t6e obiigation. to tske fruit having a Brix acid ratio o( lower thaa I1
~ to 1 up to Jan 1 of eac6 grovving seasoa and bwer t6an 12 to 1 aRer Jaanary 1 of eac6 growing season. No fruit w~ill be delivered under
n
contraet after J y 15 ot cnnent aeason wit6otit consent of Buyer. Buyer ~vill not be required to take any Temple.s. Murcotts. Tangelos. or
Navel Onoges. .
The truit is to be paid for as follows: The Buyer wiU advance the Grower weekly for all fruit delivered during that week al the rate o[ 80%
n. Buyers spot market pnce per pound ot solids at the time o[ de6very . This is to be knowa as the "teatative pnce."In the event that the fruit
; has beea picked or transported. or both, by the Buyer. the charges i~r such service as set fortfi above ue to be deducted trom the "tenlative
" arice" betire payment ia made. The fuul price to be paid to the Grower will be baaed upon the amount received by the Buyer tor the chilled
~ orange ~uiee sold. All fruit received from all sourcea (~ncludiagTrop~cans s own orangea. aad aU the oranges they may buy) wili be used in
~ cumpuung price and all suppliers wiU be treated equally. The price tor fruit classified as early and midseason (ruit wili be determined as one
~ category and t6e price for iruit classiC~ed as late season fruit will be determined as a separate category. The price for the frst category (eariy
a nd mtdseason fru~t) will be computed as [ollows: the Buyer wiil deduct trom his seiling prite ~~F.O.B. Bradenton. Floridal, certain items of cosl
; and pro~t as tollows:
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~ 1. For openting ex nses. includia plant, storage. freezing. :.78 per case of chilled juice sold
~ warehousing. sellmg. administrauoo expensea. etc. ,
~ market price of the toregoing items
~ 2. For packaging materials. or similar packaging as determined
Y priBea e charged by~ amttlili~ated
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3. Profit. 3% of F.b.B. selling price
t~. u. BOX 338
ERi:uENTON, FLORIDA
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