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. Non-Mut 8220
THIS AGREEI~fENT, mnde thi.c 318t day o[ Auguet 19 77 •
he~ween - SUNBttITS FRUIT, INC , Eddie Jones, President
P. O. Box 1136, Ft. Pferce, Florida 33450 (R-4S2-9)
Ihereinatter cailed the Growrr), and TROPICANA PRODU('TS, IN('., o( [3r.identon, Florida, ihe Buyer.
WITNF.SSF.TH:
That the Grower, far aud in oonsidention ut the pa~ments reoeived snd to be reteived, as hereinafter recited has agreed aad doea
hereb~ sgree to sell to the Buyer aU arl~: midseason and Valeneis orangea of~ wholesome. merchantable,aad muketable quality.
[mm tbe gro~ve or groves heninaEter mentioaed. T6e Irtiit to be purehased. al! o~ wbich fruit is to be of good. w6oleaome. mercbantable
and marketable quality. is as follows:
All PINEAPPLS and VALENCIA ORANGSS in the SUNBRITE FRUTT, INC. GRODSS knawn as
the GRBENBRISR GRO~VE located at the north side of State Road 68 approximately one-half _
mile west of Shfnn Road, the SAADY GRQ~VE located west of Rings Righway and south of
State Road 68, the SUN SHOifiBR GRO~VS located at dead end of Jenkins Road and Lamont Road,
and the 1~TZG8R ROAD GRONB located approximately one-fourth mile north of State Road 68
and west of Angle Road, all being in St. Lucie County.
Tropicana Products, Ine. Participation price paid to grower will be more than
seventy {70¢) cents per pound of solids delivered for the 1977-78 season. This agree-
ment vill continue beyond the 1977-78 season under regular tenos unless either party
terminates it before June 30, 1978.
Advance to be at the rate of 80~k of g anteed price, or of the Buyer's apot market
pr~e per pound of solids at time of d~ivery, whichever is greater. ~
o fruit from an~ oi such gtoves is W be soid or deiivend b~ the Grower to anyone other t6an the Buyer, without Buyer's written
pernn~aion snd t6is eatiros~reement ia to be a lieo upon t6e fruit produeed ia the abave grove a groves, irrespective of any snbsequent +
tranafer a[ titk to tbem. In tbe event of an~ attempt to so sell to another. the Buyer aball be eatitled to injunctive reli~f and if auy xuch sale
or delivery is oonsummated. the Grower shall psy to the Bn~er ~fty (:.50) cents per bos fac eaeh box thus sold ar delivered. the parties ~
agreeing tbat such is a fair estimate of tbe toss to Buyer fer tailure to ohtain sueh bozes of trui~ It fire. atrike. Act of God. etc. prevents s
B~Y~ ~~oepting an~ o~ Graw+~'s frui~ Bu~er will permit Gmwer to seU elsewbere tLe amount of fruit that Buyer is eo prevented ~
fmm saoepting. ~
The tt~it is b be picked b~ Grnwer and is to be delivered b~ Grower to Buyer's proeesaing p1an~ Ia t6e event that. through ~
~rc~ be7ond his oontrd. the Gro~?~ shall be unable to piek and load the ftuit, the Buyer ahall have the right to do ao chuging the ~
Grower fat sneb servioe at B 's oosk In tbe eveat that, far reasans beyond Gt~?er
i coatrol. Grnwet sball be umble to transport the
fnd~ Buyer shall bsve tbe 'r~t
to transport t6e trnit eharg'tog t6e grorver foc aneh servioe per ninety (90 !b.) pound bo:. In both cases. ~
this sball be Bnyer's right, but not obligation. T6e trnit is to be pidced and deGvered as and w6eo designated by Buyer but in this respeet ~
t6e Buy~ wt71 as mue6 as po~k. bnt not to hinder 6i~ operation. aooommodste himself to oonveaience of Grower. TLe Buyer sball hsve
t6e righ~ but aot tLe oWigstioo. to 4ke frnit Laving dearees Bris low~ than 9.5°. He shall Lave L6e right, but not t6e obligation. to take
fr~it 6aving a Bris aeid ntb ~ lo~rer tLan 11 to 1 up to Janwry 1 oi eae6 growing season and ~orver t6an IZ to 1 after January I o! each
ge+o+ving s~so~n. No tr~tit wpl be delivered under oontract after Jnl~ lb of eurnat xsaoa w~ithawt oonaent of Buyer. Buyer will not be
reqaired to Wce sn Tem-~}~, Mnrootb. or Navdp~~,
Except for the 1~77-T8 season w
i~~s governed"by p ragraph 3 above. ~
The frt~it is to be paid far as idlaws: T6e Bn~er will sdvsaoe the Gso+v kly for all fruit delivered dnring t6at week at the rate ot
8096 ot Buyers' spot market P~ P~ P~~ ~ solids at tbe time of deliv is to be known as the 'Yswtarive priu. " In the event t6at
tbe fruit has beea pie~ed or trao~spaeted. ar botb, b~ the Bu~~. t6e e6arges for sneh serviee as set fortb above are to be dedueted from the
"tentativepnce b~ate psymeM is made. Tbe Snal prk~e to be paid b tbe Grower rr~l be bssed upon tbe net amount reeeived by the
Buyer tar t6e eh~led orange jtuae ~oW. All fruit reeeived irom all soaroes (ineluding ~'s own oranges, and a0 t6e oranges they maq c
bu7) will be nsed in oompntit~ Ptiee snd all snppliera w~iU be treated eqwll=. T6e pr~oe or ~it elassi5ed as early aad midseason huit will
be determlaed as one ategoe~ aad tbe prioe for fivit eLs~i6ed as 4te aeason truit vv71 be detRxmined as a separate ategory. T6e price for
tbe 5rst atcgory (ear17 +nd midsea~on truit) will be oomputed as followr. the Buyer .n71 deduct irom his net amount received (F.O.B.
Bradenton, Floeidal. e~rtain items of eost and pro6E as idlows: ~
_ 3
~
~
~
1. For opentins ezpeuses. ialudin8 p4nt, pe juice sold
=.85 r ease d ehilkd
~?~re6ousioa. seUins. admiaistratioo espeo~s, ete. ~ y
s'
2 Fot pasks~ matetials, muket prioe ot tbe faregoiag items ~
o~ sim~ar pkkaging as determined
[n Bu~er (not to be determincd by
p~ices charged br sttili~ted ~
~ RETURN TO oompanies)
TROPICANA PRODUCtS, lNC. ~ ~ ~c F.o.~. ,~w~ ~ ~
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P.O. Box ~ , ~
Sradenton. Fla'~~.33~Q~ , 3 n ~
. Q- aQa~ 275 PA~~ ~.?5 j