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On December 31, 1983, MBP entered into a verbal agency
agreement with Mesa, described in a written memorandum of agency
agreement dated August 5, 1985. Pursuant to the terms of this
agreement, Mesa engaged AI in a research and development
management agreement similar to the agreement Mesa negotiated
between AI and Mesa's parent corporation, HTP. AI handled all of
the physical work that occurred on the 17.2-acre plantation
related to Cactus Wren.
d. Townhill Equities, Inc.
On December 31, 1983, MBP leased 17.2 acres11 (plantation
II) from Townhill Equities, Inc., "for the purpose of undertaking
research and thereafter developing a jojoba plantation of
approximately 17.2 acres". Under the terms of this lease, Mesa
agreed to pay a rental fee of $450 per acre, per year, for a
period of 20 years, starting on December 1, 1983. Plantation II
was located adjacent to plantation I. Townhill Equities, Inc.,
and MBP were both owned in equal shares by Peterson, Meinke,
Damer, and Almand.
3. The Expert--Patrick Luna
Patrick Luna (Luna) testified for respondent as to whether
11 The legal description of the property was attached as
exhibit A to the lease agreement. The property was described as
follows:
The Northeast quarter (NE1/4) of Section Fourteen
(14), Township Ten (10) South, Range Twenty-three (23)
West, Gila and Salt River Base and Meridan, Yuma
County, Arizona.
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