HomeMy WebLinkAboutContracts & Agreements_82-2012_CCv0001.pdf iu n ki"
l.7lstt Member No. (to be inserted by Sunkist)
CALIFORNIA CITRUS COOPERATIVE
Sunkist Growers, Inc.
GROWER MEMBERSHIP AGREEMENT - SUNKIST AND LOCAL ASSOCIATION
The undersigned ("Grower") warrants that Grower produces the variety of citrus fruit on the acreage set forth
below, and such production and acreage are the subjects of this Agreement:
Detailed Location of Grove Acres Variet
CITY LUGONIA—CORNER OF LUGONIAIJUDSON 18 NAVELS
Growtr h-ereby applies for memberships in CALIFORNIA CITRUS COOPERATIVE
("Local Association") and in SUNKIST GROWERS, INC. ("Sunkist"). Such memberships shall continue in
effect until terminated pursuant to the bylaws of Local Association or of Sunkist.
As a material part of the consideration given by Grower for memberships in Sunkist and Local Association,
Grower agrees to be bound by the articles of incorporation and bylaws of Local Association and of Sunkist as i
now n force and as hereafter amended. This Agreement, together with such articles of incorporation and
bylaws, shall constitute the membership agreements between Grower and Local Association, and between
Grower and Sunkist. Without limiting the generality of the foregoing, under Sunkist Bylaw 52.3, Grower has
appointed a Sunkist-licensed packer or a Local Association to pack Grower's fruit and to act as Grower's agent
in the receipt and distribution of all proceeds under Sunkist Bylaws 55 9.4(g) and 9.5(d), and the collection of
capital contributions and maintenance of capital accounts under Sunkist Bylaw 510.4. Sunkist i
s not a
guarantor of any obligation owed to Grower by any Local Association, licensed packer or anyone else as agent
of Grower in this regard or otherwise. Sunkist is not, and shall not be, responsible or liable for any failure of
any Local Association, licensed packer or anyone else to remit to Grower any monies delivered by Sunkist to it
as Grower's agent or otherwise. Grower shall take the stated dollar amount of written notices of allocation and
per-unit retain certificates distributed by Sunkist or Local Association into account as provided in 26 U.S.C.
1385(a). Grower acknowledges having read and understood notification printed on the reverse of this form,
and having received separate notification of any applicable bylaw provision of Local Association pertaining to
tax treatment of distributions.
With respect to the citrus fruit covered by this Agreement, Grower shall at all times comply with good
agricultural practices and all laws and regulations pertaining to such practices, and Grower hereby grants
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Sunkist such access to Grower's books and records as Sunkist may deem reasonably necessary to enable Sunkist
to confirm Grower's compliance with such practices, laws and regulations.
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CITY OF REDLANDS 95-6000766
G er'
�T B Name(please print or type) Grower's Sec.Sec.#or Ident.#
By: 3/20/2012 Address: P 0 BOX 3005
r — T
Signature n- r or Authorized Date
Repre
Attest: REDLANDS , CA 92373 C
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Sam Irwin, C* y Cr Zip
Pete Aguilar,. Mavor Telephone: 909 798-7513.,
Printed Name of Grower or Authorized Representative (Area Code) Number
ACCEPTED :
CALIFORNIA CITRUS COOPERATIVE Sunidst Growers, Inc.
Vocal AssociatidA
By: Ul ci L) By: i J_
Date Date
NONTRANSFERABLE JOINT MEMBE HIP CERTIFICATE
574 ROS-08 GROWER-ASSOCIATION-SUNKIST
NOTIFICATION AND SIGNIFICANCE OF BYLAW
PERTAINING TO
TAX TREATMENT OF DISTRIBUTIONS
Bylaw No. 10.11 of Sunkist Growers, Inc., effective November 1, 1967, reads as follows:
10.11 Tax Treatment — Every person who hereafter applies for and is accepted to
membership in Sunkist and each member of Sunkist on the effective date of this bylaw who
continues as a member after such date shall, by such act alone, consent that the amount of
any distributions with respect to his patronage occurring after November 1, 1967, which
are made in written notices of allocation or per-unit retain certificates (as defined in 26
U.S.C. 1388) and which are received by him from Sunkist will be taken into account by
him at their stated dollar amounts in a manner provided in 26 U.S.C. 1385(a) in the
taxable year in which such written notices of allocation or per-unit retain certificates are
received by him. This bylaw is effective November 1, 1967. For tax treatment for prior
years refer to prior bylaw.
The effect of such Bylaw No. 10.11, as amended effective November 1, 1967, is that each
member agrees to *include both patronage dividends and per-unit retains issued with respect to
patronage occurring after November 1, 1967, in income at their face amount for federal tax
purposes in the taxable year when the member receives a written notice staring the amount of such
patronage allocation. This is true even though the allocation is not paid in cash until a later year.