Standard simple JV (draft) agreement

Draft joint venture agreement - the cultivation of highland vegetables at Lot NT xxx 6/12/12
This contract has been made on the xx December, 2012 xxxxx, hereinafter referred to as the " First Party", residing at kg. Iman, Lomunu Kibabaig, P.O. Box 35, 89507 Penampang, Sabah, Malaysia and Encik (Passport No: xxxxx), hereinafter referred to as the " Second Party", having as his residence in Sabah at KM 1, Jalan Kau Luan, Kg. Cinta Mata, Kundasang, Ranau.
WHEREAS the first party and the second party had on the day mentioned above agreed to start a joint venture business in the cultivation of highland vegetables varieties on a plot of land approximately 3.5 acres as roughly marked on the sketch in appendix A herein attached.
The contract will come into effect from 1st January, 2013 and will be valid till 31st December, 2013 unless renewed.
Both the parties agree to the following terms and conditions:
(1) The first party is responsible for securing the lease of the land from the various land owners and to ensure that their monthly or annual rentals are duly paid in time;
(2) The first party is responsible to provide and supply the agriculture inputs of vegetable seeds, fertilizers, and all the necessary pesticides as approved by the Government and relevant international governing bodies;
(3) The second party is responsible to provide labor needed for the whole project from land preparation, nursery establishment and maintenance, transplantation, weeding, fertilizer and periodical pesticides application, irrigation and watering, staking and pruning, harvesting, picking and carrying them to a pickup, storage or processing center, cleaning, sorting, bundling, boxing, bundling or weighing and keeping a field register of production from various plots;
(4) The second party is responsible to provide labor for the regular repairs of irrigation system, water cisterns, pipes and water tanks and security oversight of the farm at all times;
(5) The first party is primarily responsible for the marketing of the vegetables and where needed, the second party may be required to assist in getting old customers of the farm to continue purchasing from the farm at a price and terms to be agreed and approved by the second party.
(6) The second party is responsible to ensure that all his workers, including his family members, are legally covered and in possession of valid travel documents and work pass and no illegals may be employed in any activities of the farm and any illegals found in the employment of the second party will make this contact void and null.
(7) The second party will co-operate with the first party or his authorized agents to maintain and upkeep the field register and plot numbers particulars and to ensure that the agricultural practices on the use of pesticides, the disposals of empty containers and vessel, are strictly adhered to.
The office of the joint venture business will be located at Lot Ntxx, KM 1, Jalan Kau Luan, Kg. Cinta Mata, Kundasang, Ranau.
The daily, weekly, monthly and seasonal harvests will be carefully recorded and both parties must at month end certified to its accuracies, as provided in the monthly returns in Appendix B herein attached, and such records will be aggregated at 3 months intervals where the yields, either physically if physical stocks are actually taken at time of harvest or based on the farm gate price ruling on the day of harvest.
And in consideration thereto, the first party is entitled to 70 % of the yield and the remaining 30% will be for the second party except where the harvests come from plots on which the first party has provided green house (camps) where the second party is only entitled to 20% and the 80% will go to the first party until such time the full cost of establishing the Geenhouse is fully recovered from the extra 10% .
Both of the parties can cancel the contract at any time of the contract period after serving a one month notice period. The contract can also be cancelled if either of the parties is involved in any sort of fraudulent activity. Renewal of the contract after the expiry date is at the discretion of both the parties. Both the parties have agreed to the above terms and conditions and put their signatures below as proofs of their consent and approval of the above terms and conditions of this joint venture.
Signature of the First Party Signature of the Second Party

Witness: Witness
[ ]
(BM translation)

Kontrak ini telah dibuat pada Desember xx, 2012 antara -xxxx), selanjutnya disebut sebagai "Pihak Pertama", yang berada di kg. Iman, Lomunu Kibabaig, P.O. Box 35, 89.507 Penampang, Sabah, Malaysia dan Encik (Paspor No: xxxxx), selanjutnya disebut sebagai "Pihak Kedua", memiliki sebagai kediamannya di Sabah di KM 1, Jalan Kau Luan, Kg. Cinta Mata, Kundasang, Ranau.

BAHAWASANYA pihak pertama dan pihak kedua pada hari yang disebutkan di atas bersetuju untuk memulakan perniagaan usahasama dalam penanaman satu jenis sayur-sayuran tanah tinggi di atas plot tanah kira-kira 3.5 ekar seperti yang ditandakan pada lakaran di lampiran A di sini dilampirkan.

Kontrak ini akan berkuat kuasa mulai 1 Januari 2013 dan akan sah sehingga 31 Disember, 2013 melainkan diperbaharui.

Kedua-dua pihak bersetuju untuk terma dan syarat berikut:

(1) Pihak pertama adalah bertanggungjawab untuk mendapatkan pajakan tanah dari pelbagai pemilik tanah dan untuk memastikan bahawa sewa bulanan atau tahunan mereka dibayar dengan sewajarnya dalam masa tertentu;

(2) Pihak pertama adalah bertanggungjawab untuk menyediakan dan membekalkan input pertanian benih sayur-sayuran, baja dan semua racun perosak yang diperlukan sebagaimana yang diluluskan oleh Kerajaan dan badan-badan yang mentadbir antarabangsa yang relevan;

(3) Pihak kedua adalah bertanggungjawab untuk menyediakan buruh yang diperlukan bagi keseluruhan projek dari penyediaan tanah, penubuhan nurseri dan penyelenggaraan, pemindahan, merumput, baja dan racun perosak berkala permohonan, pengairan dan menyiram, mempertaruhkan dan mencantas, penuaian, memilih dan membawa hasil tuaian ke pusat pikap, penyimpanan atau pemprosesan, pembersihan, sorting, gabungan, memasukan dalam peti, gabungan atau menimbang dan menjaga dan mendaftar pengeluaran pelbagai daripada plot;

(4) pihak kedua adalah bertanggungjawab untuk menyediakan buruh untuk pembaikan sistem pengairan, tangki air, paip dan kolam air dan pengawasan keselamatan ladang pada setiap masa;



(5) Pihak pertama adalah terutamanya bertanggungjawab untuk pemasaran sayur-sayuran dan di mana perlu, parti kedua mungkin diperlukan untuk membantu dalam mendapatkan pelanggan lama ladang untuk terus membeli dari ladang pada
harga dan terma yang akan dipersetujui dan diluluskan oleh pihak kedua.

(6) pihak kedua adalah bertanggungjawab untuk memastikan bahawa semua pekerja, termasuk ahli keluarga beliau, mengikut undang-undang dilindungi dan
memiliki dokumen perjalanan yang sah dan pas kerja dan tiada PATI boleh digunakan dalam apa-apa aktiviti ladang dan mana-mana pendatang tanpa izin ditemui di pekerjaan pihak kedua akan membuat ini batal kenalan dan batal.

(7) pihak kedua akan bersama-beroperasi dengan pihak pertama atau ejen yang diberi kuasa untuk mengekalkan dan penjagaan daftar ladang dan butir-butir plot-nya dan untuk memastikan bahawa amalan pertanian penggunaan racun perosak, pelupusan bekas kosong dan tong plastic, dipatuhi.

Pejabat perniagaan usahasama akan terletak di Ntxx Lot, KM 1, Jalan Kau Luan, Kg. Cinta Mata, Kundasang, Ranau.

Tuaian harian, mingguan, bulanan dan bermusim akan teliti direkodkan dan kedua-dua pihak mesti pada akhir bulan yang diperakui kepada ketepatan, sebagaimana yang diperuntukkan dalam pulangan bulanan di Lampiran B yang dilampirkan di sini, dan rekod itu akan dijumlahkan pada 3 bulan selang di mana hasil , sama ada secara fizikal jika saham fizikal sebenarnya diambil pada masa penuaian atau berdasarkan ketetapan ladang harga pintu pada hari tuaian.

Dan berhubung pertimbangan, parti pertama adalah berhak kepada 70% hasil dan baki 30% akan menjadi kepunyaan parti kedua kecuali jika tuaian datang dari plot di mana pihak pertama telah disediakan rumah hijau (khemah) di mana pihak kedua hanya berhak kepada 20% dan 80% akan pergi ke parti pertama sehingga masa itu kos penuh mewujudkan Geenhouse pulih sepenuhnya daripada tambahan 10%.

Kedua-dua pihak boleh membatalkan kontrak itu pada bila-bila masa tempoh kontrak selepas berkhidmat tempoh notis satu bulan. Kontrak juga boleh dibatalkan jika sama ada pihak-pihak yang terlibat dalam apa-apa jenis aktiviti penipuan. Pembaharuan kontrak selepas tarikh luput adalah pada budi bicara kedua-dua pihak. Kedua-dua pihak telah bersetuju untuk terma-terma dan syarat-syarat di atas dan meletakkan tandatangan mereka di bawah sebagai bukti persetujuan dan kelulusan terma dan syarat di atas usahasama ini.
Tandatangan Tandatangan
Pihak Pertama


Parti Kedua










His banner over us is Love

Community Garden as part of Church Outreach to assist the poor in their communities.

Illegal squatters in Kundasang - high concentration of Illegals doing business on the own

Illegal squatters in Kundasang

There is a growing trend of people illegally planting crops on native land that does not belong to them or just occupying them because the land is vacant. Some of these illegal squatters even threatened land owners with parangs (machetes).

The authorities do not seem to do anything about them and in some cases, they appear to encourage these illegal activities which embolden the squatters.

If Sabah were to move forward into the 21st century, we need to let these people know (even if they are playing an ignorance game) that they are not above the law of the land and most important of all to those who are entrusted to uphold the law and carry out their duties accordingly. So, these squatters must be brought to justice. If the authorities do nothing, of course, these activities will continue and will get out of hand eventually.Do we want a Sabah where no one respects the law?

Kwan
Kota Kinabalu
24 December, 2011

Link: http://insightsabah.gov.my/letters/read/23

FOOD SECURITY!?

SIBU: Supermarket, wet market and grocery shop operators quickly removed chicken frankfurter produced by Ayamas Food Corporation from their shelves yesterday after news broke that the State Veterinary Authority had detected the prohibited antibiotic ‘chloramphenicol’ in a sample of chicken frankfurter during random testing recently.
Some of the operators went one step further by removing all products from Ayamas on their shelves even though Ayamas issued a statement through Bernama yesterday that it did not use chloramphenicol or other banned antibiotics in its products.
The Borneo Post front-paged the shocking discovery yesterday and the Health Department has directed its enforcement personnel to ensure that all Ayamas chicken frankfurter were off the shelves.
Health Department director Datu Dr Zulkifli Jantan confirmed yesterday that all its enforcement officers throughout the state had been mobilised to look into the situation.
“We can take action …but usually we will seal and destroy the items,” he said.
Asked about the possible health effects of consuming ‘chloramphenicol’, he warned that it would have long term effects on bacterial resistance.
When contacted, Ministry of Domestic Trade, Cooperatives and Consumerism (MDTCC) state director Wan Ahmad Uzir Wan Sulaiman said there was no instruction to go down to the ground thus far.
“We can start taking action against the perpetrators once there is a directive, for example from the Ministry of Health,” said Wan Uzir.
On Saturday, Assistant Minister for Agriculture (Research and Marketing) Datuk Mong Dagang said the tainted sample was from a batch which was imported into the state from Peninsular Malaysia through Bintulu.
The Veterinary Authority in Kuala Lumpur confirmed the detection and the state immediately suspended the import of Ayamas products, while the state Veterinary Authority forwarded a notice of the suspension of importation of Ayamas products to importers on Nov 1.
But Ayamas general manager (Group Corporate Communications) Rosniza Baharum yesterday expressed surprise at the suspension.
“Our routine internal tests also do not reveal any evidence of usage of such antibiotics in the raw materials we use,” she said in the statement.
Nevertheless, she said, Ayamas was taking the matter very seriously and would carry out a thorough investigation into it to resolve the issue which had gone viral on Facebook.
“At Ayamas, we implement the most stringent quality control measures to ensure that only top quality food products leave our plants, and wish to let our customers know that nothing is more important to us than food safety and their health,” she added.
Meanwhile, staff of a supermarket here said they became aware of the tainted food after reading The Borneo Post yesterday.
“We have removed this product in the interest of consumer safety. We will comply with any directive from the authorities for we do not want to land in hot soup,” he said on condition of anonymity.
At another supermarket, its supervisor, who too requested anonymity, said all Ayamas products had been removed from the shelves and would be sent back to Ayamas upon the instruction of his manager.
To prove that he was not lying, he showed an invoice which indicates the items to be returned.
“We do not want to take any risk,” she said.
A senior executive of a departmental store, surnamed Chua, disclosed that he had instructed his staff to remove all Ayamas chicken frankfurter from their shelves.
“We sell other brands too and will return the affected products to the supplier.”
A chicken vendor at Sibu Central Market, Ting Leong Sing, said his business was not affected by the incident.
“People are not shying away as locally produced chicken remained among key dishes at home and restaurants,” said Ting, echoing Mong’s statement that all chicken products produced in the country were safe for consumption, except those from Ayamas.


Read more: http://www.theborneopost.com/2012/11/06/ayamas-chicken-frankfurter-taken-off-shelves/#ixzz2BTTGyTNC

Will the demand and price of Sabah's highland vegetables affected?

The " China Vegetable Basket" Project
(2004/07/16)

To relax the rather short vegetable supply, the Ministry of Agriculture put forward a complete set of proposals in July 1988, called simply, "Vegetable Basket Project". By rationalizing prices of non-stable foodstuff and with systems engineering available, the project aims to improve the production and circulation system and exploit and utilize national resources at a reasonable rate. It would readjust the unstable food structure, popularize practical techniques, strengthen the construction of infrastructure and increase the unstable food level in a progressive fashion. The project started to be put into practice in 1989. In the first five-year project period, 14.05 billion yuan in investment was used as planned for the scientific and technical development of both central and local productive bases for meat, eggs, milk, fish products and vegetables, to build improved breeding bases and fodder processing and service systems. With these efforts, in China's large and medium-sized cities with a population total of around 100 million, per capita consumption of meat and aquatic products should reach 72 kilos and 21 kilos respectively and fresh vegetables should be guaranteed year round.

Targets Envisaged in the Project:

(1) Readjustment of the structure of non-stable foodstuffs, a step by step realization of varied consumption of meat, and a raise in the consumption ratio of grain-saving and high-efficiency poultry, rabbit, eggs, milk and fish products. By 1992 the proportion of pork should have been reduced to 78 percent from the original 83 percent in gross meat output, poultry meat should rise to 12 percent and the proportion of fine vegetables should be raised when popular vegetables are guaranteed.

(2) Six steps for enhancing infrastructure construction. A. To set up and perfect the improved breeding system. On the basis of rectifying the present 1,100 plus breeding stock farms, a group of state-level breeding stock farms will be transformed and extended, and breeding centers for chickens, hens, lean pork, milking cows as well as vegetable centers will be set up. B. To establish a group of modern factories, such as feed additive factories, fish compound feed factories, bone-marrow powder factories and mills. C. While making technical innovations in the present biological pharmaceutical factories and renewing equipment, a group of new enterprises for producing veterinary chemicals will be formed, thus raising production capacity and quality in the field. D. To speed up the renewal and innovation of near-water fishing vessels and to develop deep-sea fishing. E. To set up a group of low-temperature swift cold storage facilities, basic industrial seedling gardens, vegetable grading and vegetable primary packing factories. F. To enhance the construction of a technical service system.

(3) To set up an economic cooperation service system. Based on the original non-stable foodstuff producing centers, new non-stable foodstuff producing economic cooperative regions should be set up with close links with central cities, thus forming a stable relationship for production and sale. Manufacture and sale should be guided to enter the market gradually and both sides shoulder common market risks.

The five tentative ideas: A. To realize the goal of poultry and egg self-sufficiency in cities. Taking one city's population of a million people as a unit, a poultry farm would be set up with a productive scale of 100 million layers and 200 million chickens. B. To build 104 pig raising bases and a central plain beef raising belt to increase the level of pork self-sufficiency in cities. C. Plastic sheds covering 20,000 hectares of land would be set up in north China, while in the south a subtropical winter vegetable producing belt would be constructed as well as a summer and autumn vegetable producing belt in Shanxi, Shandong and Henan provinces. Products from all these areas should compensate the slack seasons. D. Large and medium-sized cities would realize 70 percent milk self-sufficiency. The tenth cow base in the northeast, (eastern Hebei and north of Jiangsu provinces) would be set up. E. To strengthen the construction of bases for sea and freshwater breeding in large and medium-sized coastal cities and 13 important freshwater fish breeding areas.

(4) To speed up the popularization of ten scientific and technical achievements. A. Compound fodder with ensilage and ammoniated stalks. B. Introducing and raising improved varieties of pig, chicken, cow, fish and vegetables, as well as breeding techniques for the improved varieties. C. Comprehensive disease-prevention and treatment. D. Cooperative breeding techniques for pig and poultry. E. Cooperative raising techniques for grassland and herbivores. F. High-yields for the raising of fish, shrimp and crabs. G. Applied agricultural plastic film in non-stable foodstuff production. H. Industrial seedling technique. I. Techniques for maintaining vegetable freshness, processing, storing, sale and transportation. J. Intensive management techniques.

From 1988 until the beginning of the 1990s, the Vegetable Basket Project solved the problem of a shortage in market supply. The second-term Vegetable Basket Project started in 1995, containing the following four major characteristics:

* The expanded construction of production bases and development of compartmentalization, scale, installation and standardization.

* Urban and rural regions joined in building the Vegetable Basket Project. Not only city suburbs but other agricultural areas also played an active role in growing vegetables. A group of national vegetable-growing bases was formed.

* Increased scientific and technical content, optimized structure and additions of new product varieties. In order to meet the needs and demands of citizens calling for "fresh, live, high quality, nutritious, convenient and insect-free products," improved seeds and better production methods were almost universally adopted in vegetable growing areas, raising the output and quality.

* Probes into the new method of circulation and active encouragement of integrated management in production, supply and sale and in the trade-industry-agriculture system.

1988 to 1997 saw a smooth run in the "Vegetable Basket Project" and continuously increasing products. This fundamentally altered the long-standing shortage of non-stable foodstuffs. In 1997 the gross output of meat, eggs, milk, fish products, vegetables and fruit reached respective totals of 62 million, 21 million, 8.1 million, 36 million, 313 million and 50 million tons. Compared with 1978, the separate average annual increase rates were 10.8 percent, 13.5 percent, 7.9 percent, 12.4 percent, 7.2 percent and 11.6 percent. The per capita consumption of meat, eggs, milk, fish, vegetables and fruit reached 50.2 kilos, 17 kilos, 6.6 kilos, 29 kilos, 253 kilos and 40.4 kilos respectively. Except for milk and fruit, the per capita consumption of all other "Vegetable Basket" products have reached or even surpassed world levels. Over the ten years the central finance system invested 3.03 billion yuan in the production, storage and processing of "Vegetable Basket" products. Local, collective and farmers' individual investment also contributed. Altogether 591 such large scale projects have been built, 213 stalk livestock raising demonstration counties have been developed and 80 pastoral demonstration projects exploited. By 1997, 877 livestock and poultry product producing bases had been built throughout China, among them were 491 lean-pork bases, 88 beef raising centers, 195 sheep farms and 103 bases for raising poultry, rabbit, bees and other specialty animals. Besides this, 1.57 million additional hectares were covered by more than 300 county-level aquatic product bases. Also during the same period, over 460 county-level vegetable planting bases, each with over 6,666 hectares of cultivating land was set up.

The implementation of the "Vegetable Basket Project" has promoted the construction of the market system. A "Vegetable Basket Project" market system has formed nationwide, with centralized wholesale at its core, linking production bases and stabilizing the retail market. By the end of 1997, about 4,000 agricultural non-stable foodstuff wholesale markets had been built across the country.

Food security and safety in Sabah!

With widespread corruptions and the desperate attempt by those in power to convince themselves and others, that their lies, deceptions and unrighteousness tactics, no doubt handed down through generations of piracies, the food security and safety in Sabah is facing a crisis.
It can only be saved by a group of men and women who are so centered on YHVH ELOHIM at the Source that their wisdom is part of the all-Wisdom, so conscious of the cosmos and so integrated at the center that they will be able to think clearly in many fields and not in one particular field alone. Such group of men, if they could find each other and share their wisdom, could chart a course that could save Sabah! Can we find such men?

Tapping the secrets of the Universe