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- - _4~~1 • Non-Mut 4993 (80) - - ~ ~ r
TH1S CONTRACT, made this 23rd day of August 19 79
between A_ KNIGHT FARMS - TRIPES R RANCH (R-995-11)
of P. 0. Box 730 --Belle Glades, Florida 33430 _
(Grower) and TROPICANA PRODUCT'S, INC., of Bradenton. Florida (Buyer).
- WITNESSEfH: _ -
l. Grower, im rnmsideratiom of the payments received and to be received pursuant to this contract, agrees•to sell to-Buyer all early,
midseasom-and Valencia oranges of good, wholesome, merchantable and marketable quality, from tbe following specified groves:
All HAMLIN, PINBAPPLE and VALENCIA ORANGES in_the S. A. KNIGHT FARMS -TRIPES
R-RANCH ~tOVB located approximately two miles south of~Carlton Road, being in
St. Lucie County, Florida. -
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Tropicana Products, Inc. Participation price paid to grower will be no less than _
ninety-five ($.95) cents per potmd of_solids delivered for the 1979-1980 season.
Advance to be at the rate of 80GG of guaranteed price, or of the Buyer's spot
market price per, pound of solids at time of deliver, whichever is greater.
Tropicana Products, Ine.'s HAUL rate to be $.20 per 90i~ weight bax to the -
Ft. Pierce plant, and $.30 per 90i~ weight box to the Bradenton plant.
- This contract is for the 1979-1980 season only.
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2. No fruit from any of these specified groves is to be Bald 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 amy attempt to sell to another,-Buyer shall be entitled to injunctive relief. if any such sale or delivery is consummated, Buyer shall
be entitled to such other relief as is allowed bylaw. If fire, strike, Act of God, etc., prevents Buyer from accepting any of Grower's fruit, Buyer
will permit Grower{o sell ekewhere 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 and load the fruit, Buyer may arrange far some person in the business of
- picking and loading fruit to do so, charging the Grower the actual cost of the picking and loading. In. the event that, for reasons beyond
Grower's control, Grower shall be unable to transport ibe fruit, Buyer shall have the right to transport the fruit charging Grower for such
service per ninety (901b.) pound box. In both cases, this shall be Buyer's right, but not obligation. The fruit 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 obligati, 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 ratio lower than 11 to 1 up to January ! of each growing season, and bwer than i2 to _
1 after January 1 of each Bowing season. No froit will be delivered under contract after )uly IS of current season without consent of Buyer.
Buyer will not be required to take any Temples, Marcella, Tangelos, or Navel Oranges.
4. The fruit is to be paid for as follows: Buyer will advance Groove[ weekly 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
contract. This is to be known as the "tentative price". In the event that the fruit has been picked or transported, 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 to
Grower will be based upon the net_amount received by Buyer for the chilled orange juice sold. All fruit received from all sources (including
Buyer's own oranges, and all the oranges they may buyj will be used and ail suppliers will be treated equally i :computing that price. The price
for fruit classified as early and midseason fruit will be determined as one category and the price of fruit classified as late season wrll be
determined as a separate category. The price for both categories wily be computed as follows: Buyer will deduct from his net F O.B. Bradenton.
Florida, selling price less allowances, certain items of cost and profit as follows:
1. For operating expenses, including plant, storage, freezing, 5.95 per case of chilled juice soW.
warehousing, selling, administration expenses, etc.
market price of the foregoing items
2. For packaging materials. or similar packaging as determined
by Buyer (not to be determined by
• prices charged by affiliated com-
_ ponies).
3. Profit. 396 ofnetE0.6. sellinbp~icc
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