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S YEAR CONTRACT 462559 Non-Mot 4047 1;90 f
THIS CONTRACT, made this 24th _ day or September ly 79 ,
between PHILIP IGLEHART - Bi11yLNorris, Agent .~H-167-11~.___
tf P_ O. Box 36$ - Okeechobee Florida 33472
(Grower) and TROPICAKA PRODUCES, INC". of Bradenton, Florida (Buyerl.
~ViTNESSETH:
1. Grower, in consideration of the payments received and to be received pursuant to this contrast, agrees to sell to Buyer all early.
midseawn and Valencia oranges of good, wholesome, merchantable and marketable quality, from the following specified groves:
All HAMLIN and VALENCIA ORANGES in the PHILIP IGLEHART GROVB known as the BLUE
FIELD RANCH GROVE located approximately fifteen miles southeast of Okeechobee,
Florida on State Road 70, being in St. Lucie County.
For further information see ADDENDUM attached.
This contract supersedes previous contract entered into between parties dated
November 5, 1977, being Contract ILK-349-9.
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2. ho fruit from any of these specitfeJ gruses a to be suW rx delivered by Grower to anyone other than Buyer w ithuut Buyer's written
permission. This contract is to be a lien upon the fruit pnxluced In the atx+ve groves. irtespective of any subsequent transfer of title to them. In
the event of any attempt to sell to another, Buyer shall be enudrd to injunctive relief. If any such sale ur delivery is consummated. Buyer shall
be entitled to such other relief as is allowed by law . II fire, strike. Act of God, etc., prevents Buyer from accepting any c+f Grower's fruit. Buyer
will rwrrnir Gruwrr t~ se!! el~~where the d!!t„unt of fruit that Buyer ii nr._YPn!cd from aecepttna.
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3. "f he frwr is to be puked by Grower and a to be delivered by Gruver to Buyer's processing plant" In the event that. through
clrcmnslances beyond his control, f;n+wrr shall t+r unable to pick alld Ivad the fruit. Buyer mas arrange for sunte person m the business of
picking and loading frutt to do su. charging the Gruwrr the actual rust of the picking and loading. let ihr event that. for reasum beyond
Grower's control, Grower shall be unable to transport the fruit. Buyer shall have the right to transport the fruit charging Grower fur wch
service per ninety (901b.1 pound box. In tx+th rases, this shall t+r Buyer's right, but not obligation. The fruit is to be picked and delivered as and
when designated by Buser but in this respect Buyer will as much as possible, but not to hinder his operation, accon:mlxlate himself to [
cem•enience of Grower. Buyer shall have the right. but not the obligation, to take frwr has ing degrees Brix lower than 9.5. He shall have the
right, but not the obligation, to take fruit having .t Brix acid ratio lower than 11 to 1 up to lanuar} I of rash growing Brawn, and lower than to
after January 1 of each growing >rawn. do fruit will be delivered under contract after July IS of current season without consent of Buyer.
Buyer w ill not be requited to take am Trntplrs, 1lurcoth, Tangelos, or `avrl Oranges. '
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~ 4. The fnait is to be paid kx as follows: Buyer will adcanre Grower weekly lur all fruit delivered during that week at the rate of BQ~~i of
Buyers' spot market price per Ix+und ru solids at the Ume of delivery. less the items to be deducteJ as stated in paragraphs 4 and 5 of this
contract" Thts is to be known as the tentative price" . !r. the event that Ihr fruit has been picked or transported, or both, by some person, the
charges for such service as set forth above are to be deducted Born the "tentative price" before payment is made. The final price to be paid to t
Grower will be based upon thx net amount received by Buyer for the chilled orange juice sold. All fruit received from all wurces (including
~ Buyer's own oranges, and all the oranges they may buys will be used and all suppliers will be treated eyualh• L: computing that price. The price )
~ for fruit classified as early and midseason fruit will he determined as one categon and the pace of fruit classified as late season will be 3
~ determined as a separate categon .The price fur M+th categories wily tx computed as follows: Buyer will deduce from his net F.O.B. Bradenton.
Florida, selling price Tess allowances, certain items of cost and profit as follows:
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I . For operating expenses, including plant. storage, freezing. S.yS per case of chilled juice sold.
warehousing, selling, adminislrauunexpenses. etc.
market price of the foregoing items ~
2. For packaging matenak. or similar packaging as determined
by Buyer (not to be determined by
TO prices charged by affiliated coin-
ZkOPIG.a'•~A ~-RCDUCiS. I:C. ponies).
3. Profit. 3!i of net F.O.B. y r;._~ ~
P.O. Box :~38
6radenton, Florida 33~0~~ _ Q ~ ~}R
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