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HomeMy WebLinkAboutContracts & Agreements_26-2018fly: Byi ss..oi-c 0 I 7..0(4c. Member No, Cro be inserted by Sunkist) VILLA PA RIc 0 CHODS ASSOCIATION ,Growers, Inc. GROWER MEM13ERSHIP 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 axe the subjects of this Agreement: Atat Aritnt 1214NAVELS 4 ',Li VAL-CNcIP 5 Grower hereby applies ior,pairliberships. in. 0- S. AS,IOCIAtION ("Local Association") and ha .SLINIOT GROVMS) INC VSimitist'$ c e- ' Mli.safintiue effect until terminated pursuant to the bylaws bf Local Association or of Sunkist. As.a material parratb.e considerationgiven,by Grower forreembershipsin Sunkist .and 1=41:Association, Grower agrees to be bound by the articles of incorporation and bylaws of LocalAssociation andof Sunkist as now in force and as hereafter amended. This Agreement, together with such wicks of incorporation and bylaws, shall constinne. the membership .agreeinents between. Grower and 'Loral, Asaociation, .and between Grower and sullkist. Vilout limiting the gOetality of the forming, Under SunkistBylaiv S2,3, Grower ilas appointed a Sutikist4iceded packer at a .Local Asspdatitth to pack Gtower's.ftuir. and to Was Grower's agent in the receipt and distributionof-an pro4eas under Sunitistlylaws SS 9.4(g) and 94(4), and the collection of capital contributions and maintenance of capital accounts under Sunkist Bylaw SO.,4 Sunkist is no a guarantor of any obligation owed to Grower by any Load Association, licended,paCker or anyone eiseat agent of Grower in this regard or otherviise; Sunkist is not, and shall not be, responsible or liable for any failure oi any Local AssoCiatiOn, licensed packer or anyone else to remit to Grower any inonies delivered by, Sunkist to it as Growth agent or otherwise, Grower shall take the stated dollar amount of written notices ofallocation and per -unit retain certificates distributed by Sunkist or Local Association into account as provided lu 26 0.S.C. 1385(a). Grower acknowledges having read and understood notification printed on the reverse of this form, tax treatment of distributions. and having received separate notification of any applicable bylaw provision of Local Association pertaining to With respect to the citrus fruit covered: by this Agreement, Grower sh11 at all dines cordAY with good agricultural practices andall laws and regulations pertaining to such practices, and Grower hereby grants Sunkist such access to Grower's books and records as Sunkistmay deem reasonably necessary to enable Sunkist to confirm Grower's compliance with such practices, laws and regulations,. • City of Redlands et cc, (20.0740(r) 6%61'0 Soc. Sac, # or Idea 0 Addros; PO Box3005 Signaturere Orower or Airitioroted Paul W Poster, jeann& naldson, City Clerk Printadh.fturto of Grower or tuitho&cifievookl' 'MOW •AC( RCHARDS ASsOCIATION As3ociatfon NO Redlands, CA 92373 Telephone: 909 798-7531 (Area Code) PTED; Zip Number suaist Growers, itte. By .4.4,c4.ex (is SPERABLE JOINT MEMBERS/11P CEIMPICATE 345~//3 Sflkist Dear Sunkist Member Sunkist Growers 2777o N Entertainment Drive Valencia, CA 91355-1092 Tel (66i) 290-8900 Enclosed is a copy of your most recent Grower Membership Agreement If you have any questions regarding this document contact me at (559) 562-8401 or via email at Isebesta(c�sunkistgrowers com If you have yet to do so, please sign up to access the Sunkist Grower website within www sunkist com to access grower resources, news and contact information • Go to www sunkist com and on the upper right side of the page, look for and click on Growers OR • Go directly to growers sunkist com Sunkist will process your Login Request and instructions will be provided to set your password The Sunkist Growers, Inc Article of Incorporation and Bylaws are posted within the Sunkist Website and found within the "GROWERS ONLY" section of www Sunkist com Thank you for affiliating this acreage with Sunkist Sincerely, u-s'bE-Ik- Jim Sebesta Sunkist Growers, Inc Visit the Sunkist website at www sunkist com City of Redlands (Grower's Business Name) (Please Print) FRUIT GROWERS SUPPLY COMPANY 27770 N Entertainment Drive, Valencia, CA 91355 (818) 379-7663 GROWER MEMBERSHIP APPLICATION AND AGREEMENT The undersigned (herein called "Grower") warrants that he is engaged in the production of citrus fruit to be marketed through Sunkist Growers, Inc (herein called "Sunkist"), is a member of Sunkist and is either (complete one). (a) a member of the following local cooperative association or associations. and/or (b) has designated the following packinghouse or packinghouses under license from Sunkist as agent to grade, pack and ship citrus fruit for Growers Villa Park Orchards Association Grower hereby applies for membership in FRUIT GROWERS SUPPLY COMPANY, a California nonprofit agricultural cooperative corporation (herein referred to as "Supply Company"), and agrees to be bound by the articles of incorporation and bylaws of Supply Company as now in effect and as amended from time to time. This application, when accepted by Supply Company, shall constitute the membership contract between Grower and Supply Company It shall continue in effect until terminated pursuant to the bylaws of Supply Company Grower further agrees to take the stated dollar amount of written notices of allocation and per unit retain certificates into income in the manner provided in 26 U S C § ] 385(a) If Grower is affiliated with a packinghouse licensed by Sunkist for the purpose of grading, packing and shipping citrus fruit to be marketed through Sunkist, Grower further agrees and directs Supply Company as follows MEMBERSHIP AGREEMENT THE VILLA PARK ORCHARDS ASSOCIATION, INC. T undersigned hereby applies for and/or accepts membership in the above named agrimIltural cooperative marketing association (;ncorporated and functioning under the laws of the State of Califomia), and assents to adopts. approves and ratifies as and for its Bylaws. all those certain pro sions set forth and containedm the printed booklet of Bylaws to which this is orwa attached. together with all amendments thereto, if any there be: and receipt of a copy of such printed booklet ofBylaws is hereby acknowWgecl. The understand approves and agrees to observe and be bound by the Bylaws, rules and regulations of the corporation now or hereafter in effect, and agrees to deliver to the corporation for packing and marketing the citrus fruit required by said Bylaws to be so deli .tred, subject to the right of the undersigned to withdraw said fruit and/or to terminate said members., hip upon the notice, at the time and upon the conditions provided in sax Bylaws, DATED. 2/20/2018 Phone Paul W Foster, Mayor, Address: City of Redlands PO Box 3005 Redlands, CA 92373 Description of lands from winch citrus fruit isto be delivered and marketed: Acres: Navels 128.6 ,Ialencias 32.4 Other 20 - Star Ruby Location: Various, throughout the City ATTEST ne Donaldson, City Clerk 35 THE VILLA PARK ORCHARDS ASSOCIATION,' INC. BYLAWS 2022 EDIIION 1 Such licensed packinghouse is designated as agent of Grower to realize the benefits and fulfill the obligations of membership in Supply Company, including but not limited to (a) Receiving price adjustments and patronage dividends and distributions from nonmember earnings of Supply Company for the benefit of Growers (b) Fulfilling the obligation to purchase the requirements of containers and container supplies from Supply Company as provided in Bylaw 8 1 (c) Assigning the interest of Grower in amounts due from Sunkist or District Exchanges as security for payment of amounts due Supply Company by reason of the purchase of containers and container supplies and other optional supplies by Grower or a licensed packinghouse acting as agent for Grower as provided in Bylaw 11 6 (d) Assigning the interest of Grower in amounts due from Supply Company as security for payment of amounts due Sunkist or District Exchanges as provided in Bylaw 11 7 2 Grower hereby acknowledges that it will not hold Supply Company responsible for any act or omission of the licensed packinghouse, including any failure to properly account to Grower for any distributions received from Supply Company for the benefit of Grower Member No : C g O f (to be inserted by Supply Co i pan Grower Soc Sec or Identification Number Date ACCEPTED City of Redlands Grower s Business Name (please pnnt) r:9'-e2.4/C8 Signature of Grower or Authorized Representative Paul W Foster, Mayor(Title) Phone No 909-798-7531 Address PO Box 3005 Redlands, CA 92373 (City) FRUIT GROWESUPPLY COMPANY 27770 N Entertai ent Dr e lencia, CA 91355 By Date, ( cretary Z 3 o/Y (State) (Zip) ATTEST 9Jeje Donaldson, City Clerk 58-01-C Member No. (to be inserted by Sunkist) VILLA PARK ORCHARDS ASSOCIATION S st 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; 1oii QL,Gt.pyit Apsz ygligsy (Zeck tek, rici 10 eP rokaL5 ee.4(AdoLS‘ 3 V L-C NC 111 kect Ion4 5 1NV._ ticB‘f Grower hereby applies for memberships in ("Local Association") and in SUNKIST GROWERS, INC. ("Suii1dst»). 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 now in 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 S2.3, 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 SS 9 4(g) and 9 S(d), and the collection of capital contributions and maintenance of capital accounts under Sunkist. Bylaw SIO 4 Sunkist is not a guarantor ()Ian,/ c.iiligatIcn owed to Gower by any Local Association, licensed packer or anyone else a,s 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 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. City of Redlands Name rint or type) Sign Paul W Fos ATTES Jeann6J)6naldson, City Clerk Telephone: 909 of Grower or Authorized Peptonentative (Area Ode) ACCEPTED: VI ARK ORCHARDSAS0CiAnoN l'ARK. ORCHARDS ASSOCIATION Oroweee Soo. Deo. # or Ident. Address: PO Box 3005 Redlands, CA 92373 By. By Date Zip 798-7531 Number Growers NONTRANSFERABLE JOINT MEMBERSHIP CERTfFICATE 014 goe•ot entrwer-Arosocramonwortortsr (JROWER/SUPPLIER CEP TIFICATE (Ranch or Company Nune) As an authorized Owner/Employee/Agent, representing City of Redlands I certify that all products supplied by us to Villa Park Orchards Association are grown and/or manufactured in cornpliance with Federal Regulations and Guidelines for raw materials (produce, waxes, sanitizers and fungicides) and packaging supplies (corrugated boxes, poly bags, net bags and labels) These include Good Agricultural Practices, the U.S. Federal Food, Drug and Cosmetic Act; Good Manufacturing Practices. CFR Title 21, Part 110; and the U.S Federal Insecticide, Fungicide and Rodenticide Act, Signat Dat Paul W Foster, Mayor ATTEST nne Donaldson, City Clerk Suiflkist April 6, 2018 City Clerk -Document City of Redlands P O Box 3005 Redlands, California 92373 RECEIVED APR 12 7Of IREDLANDS CITY CLERK Nina Manzo, Legal Asst Sunkist Growers Inc 27770 N Entertainment Drive Valencia, CA 91355 1092 nmanzo@sunkistgrowers.com Dir Ph 661-290 8757 Re Grower Membership Agreement Fruit Growers Supply Company & Local Association City of Redlands (California) / Villa Park Orchards Association To Whom It May Concern Enclosed please fmd a copy of the fully signed Fruit Growers Supply Company ("FGS") Grower Membership Agreement, originally executed by FGS' Corporate Secretary, Angela Currie We received only one original signed by the Mayor of the City of Redlands, which FGS has retained An origmal of the Sunkist Grower Membership Agreement was previously returned to you under separate cover Best regards, Nina S. Manzo Legal Assistant