Loading...
HomeMy WebLinkAbout0504 i; 1 1 1~ i y } THIS CONTRACT, male this _ ~ Jay of August 19 80 ; i between KAY TWO GROVE, LTD., A Florida limited partnership (H-B94-12) of P. O. Box 1120, Ft. Pierce, Florida 33450 (Grower) and TROPICANA PRODUCTS, INC., of Bradenton, Flcxida (Buyer). WITNESSETH: 1. Grower, in considcratiun of the payntcros rrceived and tii l+e received pursurnt to This comrxt, agrees to sell lei Buffer all early, midseason and Valencia ~xanges of gcxxl, whokx?me, merchant:rbk and marl~etable quality, frwn the following specifed groves: ALL HAMLIN, PINEAPPLE, VALENCIA, & TEMPLE ORANGES in the KAY TWO GROVE, LTD. GROVES. Legal description of said Grove is attached as Exhibit "A". See ADDENDUM to this Fruit ,Participation Agreement attached hereto and made a part hereof for additional terms and conditions. I ~ _ i i l 2. No fruit of the variety described above from any of thex specified groves is to be sold or ileliverrd by Grover to anyone .dher than ~ Buyer without Buyers written permission. This contract is to be a lien upon the fruit praluced in the above groves, irrespc.ttve of any I subsequent transfefof title to them. In the event of any attempt to sell to anaher, 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 albwed by law. If fire, strike. Act of God. etc.. presents Buyer from accepting any of Grower's fruit, Buyer will permit Grower to sell elsewhere the amount of fruit that Buyer is so prevented from accepting. r 3. The fruit is to be picket by.Gmwcr and is k) be Jclivercd by Growcr to Bu?cc's prxessing plant. In the event that, thr~wgh ' circumstances beyond his control, Growcr shall be unable to pick and load the fruit, Buyer may arrange for xnrx perm in the busirress of j picking and loading fruit to do w, charging the Grower the actual cost of the picking atxl loading. In the event thrt. for reasons heyoml Grower's control, Grower shall be unable to uansp?rt the fruit. Buyer shall have the right M transport the fruit charging Growcr fix such xtvice per ninety (90Ib.) pound box. In t><?th cars, this shall be Buyer's right. but na obligation. The fruu is to be picket and Jelis-crrJ as and when designated by Buyer but in this respect Buyer will as much as possible, but na to hinder his operation, xc~~nrnxxlatc hunsdf is convenience of Growcr. Buyer shall have the right, but not the ahfigatiun. to take fruit having degrees Brig lower than 9. S. He shall have the right, but not the obligation, to take fruit having a Brix acid ratio lower than I I to I up tolanuary I of each growing xaxm, and k.vcr than 12 w , I after January I o(each growing xason. No fruit will be delivered under contract after July IS of current seax?rt without c~xtxm of Buyer. Buyer will not be required to lake any Temples, kturcats. Tangelos, or Navet Oranges. j 4. The fruit is to be paid kx as follows: Buyer will advance Grower weekly fsx all fruit delivered during that v?cek at the rate of tlll~r of Buyers' spa muket price per p~wnd of x?lids at the tune of delivery, less the items to be dnluctcd as slated in paragraphs 4 and 5 of this comrxt_ This is to be known as the "tentative price". In the event that the fruit hu been picked or transported, a bah, by wore perwn. Ilre charges (or such service as xt forth above arc to be deJwted from the "tentative price" before payment is made. The f final price to be paid a? Grower will be based upon the pet amount receive) by Buyer for tlx chill~yl ixangc juice xilJ. All fruit received from all xwrces lincluding Buyer i own oranges, and all the oranges they may buy) will be uxYl and all suppliers will be treated equally in computing that price. The price for fruit clusified as early and midxason fruit will be determined as one category and the price of (rote classified as late xasxt wdl be ~ determined u a separate category.The price for bah categories will be computed u follows: Buyer will deduct frmn his net F.O.B. Bradenton, Florida, xlling price less albwances. certain items of asst and profit as follows: I ~ A. For all operating expenses u determined by Buyer using generally accepted accounting standards atd procedures. This will include plant. storage, freezing, wareltousiag. selling and administrative expenses. etc.. but will not include the cost of pxkaging materials. B. For packaging materials, market price of the foregoing items or similar pxkaging as detetmiood by Buyer, na to be determined by f prices charged by affiliated companies. C. Profit. 3% of met F.O.B. selling price. i I ~ w 80 K~hX7 PAGE t~ ~y` .