- 11 - program for the purpose of undertaking research and thereafter developing a jojoba plantation." The partners in Hilltop Ventures--Peterson, Meinke, Damer, and Almand--were also the sole shareholders of HTP. Under the terms of this lease, Mesa was to pay a rental fee of $450 per acre, per year, for a period of 20 years, starting on October 1, 1982. Mesa, as lessee, in addition to conducting a broadly described "R&D Program", was required to furnish all material, labor and equipment, seed, fertilizer, and supplies for the farm, maintain all wells and irrigation and improvements to the property in working order, pay all utility charges and insurance costs, and pay for all subcontractors. The lessor was required to pay tax and assessments on the premises. Concurrently with the execution of the research and development agreement between Yuma Mesa and HTP, on December 31, 1982, Yuma Mesa executed an exclusive license agreement with Mesa. This exclusive license agreement granted Mesa "the exclusive right to utilize the technology developed for the account of the Licensor * * * [Yuma Mesa]," in exchange for "royalties * * * payable to Licensor * * * [Yuma Mesa] based upon cumulative annual gross revenue from sales," of the seeds or beans of the jojoba plant. d. Agricultural Investments, Inc. On December 31, 1982, Mesa entered into a management contract with AI, a California corporation, to develop the 130 acres leased from Hilltop Ventures as a jojoba plantationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011