- 35 - reported on the status of the maturing jojoba plants, were nothing more than the actions of interested investors keeping up with their investment. Although the license agreements entered into by Yuma Mesa and Cactus Wren nominally had different parties as licensees, the licensees were controlled by the same four individuals. Yuma Mesa's licensee, Mesa, was controlled by HTP's shareholders Almand, Peterson, Damer, and Meinke. Cactus Wren's licensee, MBP, was also owned in equal shares by Almand, Peterson, Damer, and Meinke. AI entered into a management agreement on December 31, 1982, with Mesa to be the farm manager for plantation I. On December 31, 1983, AI entered into a substantively identical management agreement with Mesa to be the farm manager for plantation II. Pursuant to these contracts the manager agreed: (1) To develop and plant the property as a jojoba plantation; and (2) to manage, operate, and maintain the property as a jojoba plantation and to engage in research with respect to jojoba cultivation. Included in the management agreement with Yuma Mesa for plantation I is a budget for the initial year that allocates $198,600 to development costs such as "clearing, demolition and spraying * * * grade fields * * * ripping * * * discing * * * seed jojoba * * * jojoba seed," among other things. Based upon this management contract, we conclude that AI performed all of the physical work upon plantation I.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011