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5 YBAR C011PRACT 4svrrraR~ Mut 5541 (80) ~ /
THIS CO1~iIRAC7', made tti= 26th day of _ June I9 79
betwoea _ J08N M. McCA81R ~ (#H-083-11)-
- of P. O.. Box 13 - Ft. Pierce, Florida 33450
(Grouter) and TROPICANA PRODUCTS. INC.. of Bradenton, Florida (Buyer).
WIl'NFSSIrI'H:
1. Grorrru. in consideration of the payments t~eoeived and to be txtoeivod pursuant to this contract, agrees to asU to Boyer all early,
midseasoa and. Valencia oranges of good. wholesome, anerchaatabk sad marketable goalrty, from the following specified groves:
All PINBAPPLB and DALBNCIA ORANGS3 in the JOffi~i M. McCARTY t~OQS known as the
SAr1CA GROR?B loctited on Glades cutoff road at McCarty Ranch, being in St. Lucie
Cotmty, Florida.
See ADDBMDiFI attached . _
This contract supersedes previous contract entered into between parties dated
November 9, 1977, being Contract #K-315-9. .
2. No fruit from any of these specified groves is to be sold or delivered by Grower to anyone other than Buyer without Buyer's written
permission. 'this contract is to be a lien upon the fruit produced in the above groves, irrespective of any subsequent transfer of title to them. In
the event of any attempt to sell to
another, Buyer shall be entitled to injunctive relief. [f nay such sale or delivery is consummatert,Buyer shall
be entitled to such other relief as is allowed by law_ If fire, strike, Act of God, etc., prevents Buyer from acceptinganyof Grower's fruit, Buyer
wilt permit Grower to sell elsewhere the amount of fruit that Buyer is so prevented from accepting.
3. The fruit is to be picked by Grower and is to be delivered by Grower to Buyer's processing plant. In the event that, through
circumstances beyond his control, Grower shall be unable to pick andLtoad the fruit, Buyer may arrange fx some person in the business of
picking and loading fruit to do so, charging the Grower the actual cost of the picking and loading. {n the event that, for reasons beyond
Grower's control, Grower shall be unable to transport the fruit, Buyer shalt have the right to transport the fruit charging Grower for such
service per n'snety (901b.) pourxl box. In both cases; this shall be Buyer's right, but not obligation. The f: uit is to be picked and delivered as and
when designated by Buyer but in this respect Buyer will as much as possible, but-not to hinder his operation, accommodate himself to.
convenience of Grower. Buyer shall have the right, but not the obligation, to take fruit having degrees Brix lower than 9.5. He shall have the
right, but not the obligation, to take fruit Having a Brix acid rat;o lower than 11 to 1 up to January 1 of each growing season, and lower than 12 to -
I after January 1 of each growing season No fruit wilt be delivered under contract after July IS of current season without consent of Buyer.
Buyer will not be required to take any Temples, Murcotts, Tangelos, orNavel-Oranges.
d. The fruit is to be paid for as follows- Buyer will-advance Grower wzekly for all fruit delivered during that week at the rate of 8096 of
Buyers' spot market price per pound of solids at the time of delivery, less the items to be deducted as stated in paragraphs 4 and S of this
contrast. This is to be known as the "tentative price In the event that the fruit has bcen picked or iraosported. or both, by some person, the
charges for such service as set forth above are to be deducted from the "tentative price 'before payment is made. The final price to be paid to
Grower will be based upon the net amount received by Buyer for the chilled orange juice sold. All fruit received from all sources (inetudmg
Buyer's own oranges, and ail the oranges they may buy) will be used and all suppliers aril! be treated etlaally is computing that price. The price
for fruit classified as tarty and midseasort fruit will be determined as cue category and the price of fruit classified as late season will be
dettermiried as a separate category. The price for both categories wit, be computed as follows: Buyer will deduct from tits tier F.O.B. Bradenton, .
.Florida, selling pace less allowances, certain items of cost and profit as follows:
i. For operating expenses, including plant, storage. freezing. f.95 percale of chilled juice sold.
warehousing, selling, admittistratioaexperses, etc.
_ matlcet price of the foregoing ituos
2. For packaging materials. _ or similar packaging as determined
(~jtl~ 'Ta by &.lyer (not to be detemiiaed by
tRQp~ANA PROOUCts,1NC~ lxices charges by affiliated eom-
paates).
3. Profit. P.Q. BOX 396 of net F.O.B. soiling price.
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