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Non-Mut 1144
390236
THIS AGREF.MENT, made thic 16th day of AuguBt ~g 77
!?etw•ecn ~RUNNSR BI~TrSRP'RISBS ~ INC MARtMIIB DIVISION ~K-416 9)
Travia Murphy, Agent
ot P O Box 2235I, Ft Lauderdale, Florida 33315
~hereinnfter calicd lhe Crower), and TROPICANA PRODt1('TS. INC., of Bradenton, Florida, the Buyer.
WITNESSF.TH:
T'I~at t6e Grow+er. tor and in conaideration ot the pa~ments reeeived and to be received. ss hereinafter recited has agreed and does
henby sgree to seU to the Buyer all earl,y, midseason aod Valencit oranges ofg~od whdesome, merchantable,and marketable quality
trom the grove or groves 6ereinaftet mentioned. The fruit ~o be pnre6ased. all oi whieb truit ia to be of good. whdeaome. merchaatable
and mariceesbb qwtity. is as idlaws: .
All HAM,IN, PINEAPPLS and VALENCIA ORANGBS in the BRUNNBR ENPRRPRISES, INC.,MARUI~QRB
DIVISION GRO`TS as follo~s:
All HAMI.IN, PINBAPPLB ORANGBS in the MARUliIRS 6R0'V'B BI.OCRS 16, 17, 23, 24, 26,
35, 3b, S and 6. ALL VALENCIA ORANGBS in the MARIk~IRB GROVS BLOCRS 1, 2, 7, 8, 9, 10,
18, 19, 20, 21, 22, 29, 30, 31 and 32, all being located on the Orange Avenue egtension
in Ft. Pierce Florida, St. Lucie County. FT. PI,BRCS GBOVB BLOCRS 3, 4, 5, 6, 12, 13,
14, 15, 17, 2~, 25, 26, 27, 34, 37, 38 and 39, all located approximately fourteen miles
West of Ft. Pierce, Florida, north of Route 68, being in St. Lucie County.
For further fnform$tion see ADDBNDt~t attached.
This contract begins with the 1977-1978 season, and cance2s Participation Contract
#R-280-9. (Advanc to be at rate of 80~' of guaranteed price or Buyers' spot market
prj c~ per pound so~ids at time of delivety , whichever is greater.~
Po truli from an~ ot sue6 groves is to be soid or delivered by {6e Gro~var to anyoae otUer t6an the uyer. +vithout Buyer
~ written
permeeaion and this entinagreemeat is to be a lien npon tbe tr~it prod~ced in t6e above grove oe groves, irreapective ot any subsequent
trans[er of titk to tLem. In the event d any attempt to ao sell to another. tLe Buyer ahall be entitled to injunctive relief and if any such ule
or deliver~ is oooaummsted, the Gro~rer shall pay to the Buyet 5fty (:.50) cents p~ box for eath bos thua soid or delivered, the parties
agreeiag tbat sueb is a Lir estimate of the loss to Bnyer for failure to obtain sueh bozea oi iruit. If fire. strike. Act of God. etc. prevents
Buyer from aecepting any of Grnwer
a iruit, Buyer will permit Grnwer to sell elaewhere the amoant ot iruit that Buyer is so prevented
from aeeeptang.
The fruit ia to be pieked b~ Grower and ia to be delivered b~ Grower to Buyer's prooessing plwt. In the evebt t6at. thmugh
cQe~mstanas beyood Lis ooattd, t6e Gro~ver sl~all be unahk to picl~ and kad t6e frui~ We Buyer shall have the right to do so charging the
Grnwer for such servioe at B yer
s east. In the event Wst, for teaaoos beyond Grnwer's control, Grower shsll be unable to transport the
frui~ Buyer sl~all 6ave tbe right to transport t6e frnit ebaTging tbe growez for snch serviee per niuety (901b.) pound boz. In bot6 eases.
t!?is shall be Bu~er'a risbt, but not obligatioo. The truit is to be pieked and delivered sa and when desigwted by Bnyer but in thia respect
tbe Buyer rn'il aa muc6 aa paesibk. but not to hinder his opention, aooommodate himseli to oonvenience ot Grower. The Buyer shall have
tl~e right, but aot We obligstion, to taite fruit having de~rees ~c bw+er than 9.5'. He shsll 6ave the rig6t, bnt not t6e obligalioa, to take
6vit having a Briz add ntio ot Iwver tlun 21 to 1 up to Jadusrp 1 of each grovving seasoa and b+ver than 12 to 1 after Jsnwry 1 of each
growing season. No iruit wil! be delivered uAder oo~ntraet aiter Jnl~ 15 0[ current season wit6ont oonaent of Buyer. Buyer will not be
required to take aa~ TemP~. ~4. ~R'e1os. ot Nsvel Otanges.
Exce t for ~ie i97X- 8 throuQh ~Q 79-gp $easo~s yhic e py r e~ b p$ r $ph 3 abpve.
p T6e irw~ ~s to 6e pa~d ~ic uToUows.plbe~n~er wiD advaaoe tde Gmw~e~v ee~y f~ all~~t deliv~red dur
n~h~t week at tde nte of
809b ~ Bu~ers' spot msrket prioe per poond ot sotfds at the time of deliveqr.Q9~is is to be kno~vn ss the 'Y~ntative price."In the eveat that
the fr~it hss been pu3ced or traosportea. a both. br t6e Bn~er. t6e eharges far sue6 servioe ss set forth abave are to be deducted trom the
"testativcpr+c~ befare p~rment is made. T6e final price to be paid to the Grawer will be bzsed upon t6e aet amount received by the
Buyer foc tl~e cY~71ed aeange jniee aoid. All iruit reoeived from all aonr~es (iucluding1~op~na s owm onnges. ~tnd alt t6e oraages they a~ay
bu71 rvill be used in oomP~~B P~ sod a!! anppliera will be tntttd eqwl~y.1'he }nioe for fruit elasaified as early and midseason fruit will
be determu~d as ooe eategaer and t6e prioe far fn~it c4s~5ed as Iste aesson trtiit will be determined aa a sepanee eategory. The price for
tt~e fust ategory (euly and midseason fnut) wili be eomputed as toUows: the Buyer w~i deduet from hi~ net amount received (F.O.B.
Bradentoa. F~acida?. aertain items d oa! and pro6t as idbws:
1. Far operatinB espens~a. inel~din8 P~~+ ~~B~ ~B• i.85 pet eaae ot cbilied juioe aold
warebowing. aetlins. administrstion espenses. etc.
2. For pad~s~n~ materials. msrket prioe o[ tbe fa~egoins items
oc am~7ar paekaging as detera~ined
RETURN TO by Buyer (not co be determiaed bT
TROPiCANA PRODUCTS, INC. ~~'~g~ by ,tr~i~=c~a
a~- P.O. Sox 338 a~ ~r ~c F.oB.
Braden:on, Florida 33506
. : ~ ~ . ~oax 275 P~ i92