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4415021 Mot s9so ~so~ !o •
FRUIT PARTICIPATION AGREEMENT DEALER CONTRACT
THIS CONTRACT, made this 12th day of October , ly 7Q ~
between VARN CITRUS, INC . ~ (K-A20-11~
of P. O. Box 550 - Ft. Pierce. Florida 33450
(Seller) and TROPICANA PRODUCTS, INC., of Bradenton, Florida (Buyer).
1
WITNESSETH
I . Seller, in consideration of the payments received and to be received pursuant to this contract, agrees to sell to Buyer Early, Midseason
an.f Valencia oranges of good, wholewme, merchantable and marketable quality, as follows:
20 (11D0 Boxes Early and Midseau~n - - - - - - - - - - - - - Boxes Valencias
Tropicana Products, Inc. Participation price paid to -grower will be no less than
ninety-five ($.95) cents per pound of solids delivered for the 1979-1980 season. ~
Advance to be at the rate of 80~ of guaranteed price, or of the Buyer's spot
market price per pound of solids at time of delivery, whichever is greater.
This agreement is for the 1979-1980 season only.
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2. This contract is to be a lien upim the fruit of Seller until the contract has been fulfilled, irrespective gf any subsequent transfer of title to
the fruit. Xun-deliven• of the specified y~olumi of fruit shall entitle the Buyer to specific performance of the contract. If fire, strike. Act of God.
etc., prevents Buyer from accepting any.of Seller's fruit, Buyer will permit Srlter to sell elsewhere the amount of fruit that Buyer is sg t
preventeJ from accepting.
3. The fruit is to be picked by Seller and is to be delivered by Seller to Buyer's pnrcessing plant. The fruit is to be picked and delivered as s
and when designated by Buyer but in this respect Buyer wilt as much as possible, but not to hinder his operation, accommodate himself to
convenience of Seller- Buyer shall have the right, but not the obligation, to take fruit having degrees Brix lower than 9.S°. He shall have the
right, but not the obligation, to take fruit having a Brix acid ratio lower than 1 I to I up to January I of each graving season aril lower than l2 to 1
after January 1 of each growing season. No fruit will be delivered under contract after July IS of current season wi[huut consent of Buyer-
Buyer wilt not be required to take any Tempter. Murratts. Tangelos, or Nave! Oranges.
4. The fruit is to be paid for as follows: Buyer will advance Seller weekly for all fruit delivered during that week a[ the rate of BfMi of
Buyers' spot market price per pgurxl of solids at the time of defivery. 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." The final price to be paid • Seller will be based upon the net amount receive) by Buyer
far the chilled orange juice sold. All-fruit received fmm all wurces lincluding Buyer's own oranges, and all the granges they may buy) will be
used and all suppliers will be treated equally in computing that price. The price far fruit classified as Early and Midseasan fruit will be
determined as one category and the price of fruit dassi(ied as [.ate srason will be determined ac a separate category. The price for Mxh
categories will be computed as follows: Buyer will deduct from his net F O.B. Bradenton. Fluridr. selling price less allowances. certain items
of cost and profit as follows:
I. For operating expenses, including plant, storage, freezing, S95 per casr of chillcti! juice wrld.
warehousing, selling, administration expenses, etc.
2. For packaging materials. market price of the furegaing items
~V~ TO gr sinular packaging as dctcrmmeJ
TRppICA~tA PRODUCTS II'~C. b, Buyer Inut to be JctcrntineJ
~ by prices ch:ugc~l M afliltal?d
P.O. Box ?38 •,,n,p~r[r•,r
Profit. i : of nrt F t) li .cllmi n..•
Bradenton, Florida 33506 p _