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Mot 8980 (80) 7~
CASH PURCHASE CONTRACT Contract
No.B-122-11
4~~920
THIS CONTRACT, made this 25th day of larch , lg$Q
between VARN CITRUS INC. P • 0 • Boa 550 ,
~ of Ft P{ erce, F'1_. • SO ~SNler)
and TROPICA'yA PRODUCTS. lNC. of Bradenton. Florida (Buyer).
WITNESSETH:
1. Seller in consideration of the payments rrcei~•ed and to be received pursuant to this contract agrees to sell
to Buyer all citrus fruit of good wholesome. merchantable and marketable quality, as follows:
20,000 bones of WHITB GRAPBFRUIT (Field Run & Packing House Bliminatiotis), (except
LATE BLOOM) of the 1979-1980 season.
@ $1.05 per pound of solids delivered, at time of delivery.
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Fruit must test 9:00 Brix with 8:00 Ratio,-or better.
2. All fruit contracted to be purchased shall be delivered to Buyer on or before Seasonal , Iq 80 ,
provided Seller shall not be hampered or prevented from picking or shipping the same within said period by Act of G.xl, strikes,
railroad or other embargoes, quarantine or any other condition, matter or thing, beyond its wntrol, in which rase the time for gathering
and shipping said fruit shall be extended a length of time equal to the period of the hampering or pmvention caused as aforesaid. In the
event that through circumstances beyond his control Seller shall be unable to pick and load the fruit, Buyer may arrange for some
perwn in the business of picking and loading fruit to do so, charging Seller for such service at Buyer's cost. In the event that through
circumstances beyond his control Seller shall be unable to transport the fruit, Buyer shall have the right to do so charging Seller for
such service per ninety (90 Ib.1 pound box for oranges, and eighty-five 185 Ib.1 pound twx for grapefruit. In both rases this shall be
Buyer's right, nut obligation. .
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3. Without hmtttng meaning Of °gOOd WnO1WVwc, u~c.~uau~au~c aleu tlla~wcwu~c Il IS agreed that In CYent Of t
substantial damage by weather, such as frost or freezing, wind, drought. hail, etc., Buyer may elect to abandon this contras
which shall be done by registered mail mailed not later than fourteen days after the termination of the weather condition
which caused the damage, sent to address given below whereupon Buyer shall be entitled to immediate refund of advance
payment less price of any fruit picked for which settlement has not been made. In such case Buyer may elect to take such
fruit as he shall consider useable, provided Buyer pays for it in accordance with the terms of this contract.
4. Buyer has this day advanced to Seller the sum of S ,the receipt
of which is hereby acknowledged by the Seller, which sum is in advance and part payment for said fruit at the price above i
stated. Shouts Buyer, in breach of this contras, refuse to take this fruit, the amount remaining on deposit with the Seller
shall be forfeited to Seller and shall be the sole damage hereunder.
5. If the value of the good wholesome, merchantable and matlcetable fruit available has not equalled the amount _ o
paid by Buyer at the conclusion of the season provided for heron, the overage immediately will be returned by Seller to Buyer. vi c`~+s
00
6. Seller warrants good title to said fruit with lawful right to enter into this contras and warrants that it will be z o x o
free of all liens and claims. The individuals signing this contract on behalf of Seller represent that they have authority to do so. ~ ~ o W
7. None of the fruit identified in this contras is to be sold or delivered by Seller to anyone other than Buyer without °G Z O $ I
Buyer s written permission. This contract is to be a lien u n the fruit il•t•es tive of an}• su ¢ ~ ° ~
po pee bsequent transfer of title to it. n.. ~
In the event of any attempt by Seller to sell to another. Buyer shall be entitled to injunsive relief, plus all other relief •
allowed by law. ~ ap
S. Buyer and Grower agree that should legal anion be brought to enforce the terms of this contract, it may be
brought in Bradenton. Manatee County, Florida. It is also agreed that should either party be required to bring Legal {
action to enforce the terms of this contract, the party so prevailing shall be entitled to reasonable attorneys fees and costs.
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THIS INSTRUME!VT PREPARED ~f: ~
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G. 6~,ti 33~
E;~iADtir`~(UN, FLORIDA 33506 VARN CITRUS, INC.
WITtiESSE SIGNATURES: ~ 4
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Stl!ar or hs qwh nJed Agent 1 - -
~ ` j _ P . 0. Box 550
G ~ .r:
Ft. Pierce, Florida 33450
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