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S YEAR CONTRACT ~b~C~ Mut 7133 (80) ~
27th I fr,.~ September ly 79 I~
THIS CONTRACT, male this Jay of
between L_ RALPH POppELL (H-173-1~_-___
of P O Box 1600 - Ft Pierce , Florida 33450 _ _
(Grower) atxi TROPICANA PRODUCTS, INC., of BraJenton, Florida (Buyer).
- WITNESSETH:
I. Grower, in consideration of the payments received and to be received pursuant to this cuntral;t, agrees to sell hr Buyer all eariy,
midseawn and Valencia oranges of gaud, wholewme, merchantable and marketable quality, from the fullowtng specified groves:
All of the HAI+II,IN, PINEAPPLE and VALENCIA ORANGES in the L. RALPH POPPELL GROVE
known as GROVE #4, located in St. Lucie County. Legal Descriptions as follows:
09-34-39 N 1/2 of NE 1/4 - less E 70 FT and less W 18 FT - (77.90) (1) (OR 293-
2083) and 04-34-39 S 1/2 of S 1/2 of SW 1/4 of SE 1/4 - less W 18 FT -and SE 1/4
of SE -less 8 70 FT (48.50 Ac) (14) (OR 293-2083).
For further. information see ADDENDUM attached. •
This contract supersedes previous contract entered into between parties dated
July 19, 1979, being Contract I'+EH-112-11 in the name of FRANK MEADE, JR.
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:~O frutt from any Of Ibese SprCltlyd grOYCS IS tV be SOId Uf dellYered b}' ,rower f0 atl}'One uthef than BUyer w11hOUl Buyer ~ wrll[en
permission. This contract is to be a lien upon tlx: fruit pr(xiuceJ m the alx~ye gTUVes, mespective of any subseyuent transfer of title to them. In
the event of any attempt to cell to another, Buyer shall be enutlyd to injunctive relief. If any such sale or deliver}' isconsummatcJ, Buyer shall
~ be entitled to such other relief as is allowed b} law. If fire, strike, Act of God, etc. , prevents Buvrrfrom accepting an} of Grower's fruit, Buyer
will Hermit Grower to sell elsewhere tlk amount of fruit that Buyer is s,. prevented from accepting.
3. The fruit is to be picked by Grower and rs to be delivered by Grower to Buyer's pr(xessing plant. In the event that, through
circumstances beyond hts control. Gruver shall t+e unable to p+ck atrJ load the fruit, Btiyer may arrange for some person in the business of
picking and leading fruit to Jo su, chargtng the Grower the actual cost of the picking and IuaJing. In the even) that, for reawns beyurtd
Grower's control, Grower shall be unable to transport the fruit, Buyer shall have the rght to transport the fruit charging Grower for such
sen"ice per ninety 1~ Ib.) pound hoi. In hoth cases. this shall be Buyer's right, but nut obligation. The fruit is to be picket and deliverrKl as and .
when Designated by Buyer but in this respect Buyer will as mush is possible, but nu! to ht:xler his operation, accommodate himself to
rum•enience of Grower. Buyer shall have the right, but not the obligauon, 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 ar+J ratio lower than 11 to l up to Januan I of each grow iog Brawn. ant lower than .2 to
I after January 1 of ea:h growing yrasun. \o few; wili tx JrlivereD under contract after July-IS of current season without consent of Buyer.
Buyer w(11 not be reyuirrd to take an}• Temples. ~turrutts, Tangelos, ur \avel Oranges.
3. The fruit is to be paid for as folH~wc Buyer w+il advance Gruver weekly fur all fruit JelivereJ during :hat week at the rate ut 8U r of
Buyers' spot market price per puunD of so1?Ds at the tune of delivery. less the items to he deducted as stated m paragraphs J ant 5 of this
contract. This is to br known as the "trntatiyr pace". In the event that the fruit has been picket or transp(xted, ur tx~th, by some person, the
charges for such service as set forth above arc to hr drJurted from the "tentative price" before payment is made. The final price to be paiD tt.
z~ Grower will be bated upon the net amount received by Buyer for the chilled orange juice wld. All fruit received fmm all sources hncluding
Buyer's own oranges, and all the oranges the} may buys will he used arxi all suppliers will be treated equally i.::omputing that prier. The price
fur fruit classified as early and midseason fruu w+ll be Detrrm+neJ as one ratrgun anD the prier of frwt classifirtf as late scawn w ill br
determined as a separate category. The prier fur txNh caregunes wit. t+e unnputeD as follows: Buyer will Deduct from his net 1=.0. B. BrsJentun,
Florida, selling price less allowances, certain cents of rust and profit as follows:
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1. For operating expenses, including plant, storage. freeiing. S.yS per case of chilled Juice wW.
warehousing, selling, administration expenses. etc.
market pace of the foregoing items
2 For packaging materials. ur sinular packaging as Jelermitt~D
RETURN YO by Buyer (not to be determine) h}
TROPICANA PRODUCIS, INC. prices charge) by affilia;r•1 ,
panics).
3. Profit. P.Q. SOX 33$ 34 of ~~ri I (1 If ~ .
Bradenton, Florida 33C~ Oit~1 u
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