Cudahy City Council
November 7, 2023

Development Agreement

nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion.

After notice and expiration of the thirty (30) day period, the other party to this Agreement, at its option, may institute legal proceedings pursuant to this Agreement.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City shall not be liable in monetary damages, unless expressly provided for this Agreement, to Owner, to any mortgagee or lender, or to any successors in interest of Owner or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to sue for damages or claim any damages. 1) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
2) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or
3) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the exercise by City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from bad faith intentional acts, the grossly negligent or malicious acts of City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to City and its employees pursuant to the Government Liability Act and all other applicable statutes and decisional law.

Except as set forth in the preceding paragraph relating to eminent domain, Owner's remedies shall be limited to those set forth in this Section 14(a), Section 14(b), and Section 14(c).

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Notwithstanding anything to the contrary contained herein, City covenants as provided in Civil Code Section 3300 not to sue for or claim any consequential damages or, in the event all or a portion of the Property is not developed, for lost profits or revenues which would have accrued to City as a result of the development of the Property.
b. Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other nonmonetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
1) Except as provided in Sections 14(a) and 14(e), money damages are unavailable against City as provided in Section 14(a) above. 2) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis.
c. Release. Except for those remedies set forth in Sections 14(a), 14(b), and 14(c), Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, based or asserted, pursuant to Article 1, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon City because it entered into this Agreement or because of the terms of this Agreement.

Owner acknowledges that it may have suffered, or may suffer, damages and other injuries that are unknown to it, or unknowable to it, at the time of its execution of this Agreement. Such fact notwithstanding, Owner agrees that the release provided in this Section 14(c) shall apply to such unknown or unknowable claims and damages. Without limiting the generality of the foregoing , VM Evergreen, LLC
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Owner acknowledges the provisions of California Civil Code Section 1542, which provide:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Owner hereby waives, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect.

Owners' Initials
d. Termination of Agreement for Default of City. Owner may terminate this Agreement in the event of a default by City in the performance of a material term of this Agreement and only after providing written notice to City of default setting forth the nature of the default and the actions, if any, required by City to cure such default and, where the default can be cured, City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default.

Notwithstanding anything to the contrary, in the event that Owner deem it is necessary and/or advisable to cease operations in Cudahy, then Owner may terminate this Agreement, and such termination shall be effective upon the date of written notice to the City.
e. Attorneys' Fees and Costs. In any action or proceeding between City and Owner brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the "prevailing party" in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 14(e) include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding.

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f. Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by City to be in default of the terms and conditions of this Agreement until such default thereafter is cured by Owner or is waived by City. If City terminates this Agreement because of Owner's default, then City shall retain any and all benefits, including money or land received by City hereunder.

15. Third Party Litigation
a. General Plan Litigation. City has determined that this Agreement is consistent with its General Plan. Owner has reviewed the General Plan and concurs with City's determination.

City shall have no liability under this Agreement or otherwise for any failure of City to perform under this Agreement, or for the inability of Owner to develop the Property as contemplated by the Agreement, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this Agreement or any of City's actions in adopting it were invalid, inadequate, or not in compliance with the law.
b. Hold Harmless Agreement. Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner's contractors, subcontractors, agents, or employees' operations under this Agreement, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, agents, or employees operations under this Agreement, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner's contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. c. Indemnification. Owner shall defend, indemnify, and hold harmless City and its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees against and from any and all liabilities, VM Evergreen, LLC
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demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; (iii) any claims based on or alleging inverse condemnation by any person or entity with an interest in the Property; and (iv) the proceedings undertaken in connection with the adoption or approval of any of the above. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, City, at is sole option, may tender the complete defense of any third-party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shall meet and confer with Owner regarding the selection of counsel, and Owner shall pay all costs related to retention of such counsel. d. Environmental Contamination. Owner shall indemnify and hold City, its elective and appointive boards, commissions, officers, agents, attorney's, contractors, consultants and employees free and harmless from any liability, based or asserted, upon any act or omission of Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors , excepting and acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense of any such claim, action or proceeding.

The provisions of this Section 15(d) do not apply to environmental conditions that predate Owner's ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner's statutory or equitable obligations as an owner or seller of the Property.

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e. City to Approve Counsel. With respect to Sections 15(a) through 15(d), City reserves the right to approve the attorney(s) which Owner selects, hires or otherwise engages to defend City hereunder, which approval shall not be unreasonably withheld.
f. Accept Reasonable Good Faith Settlement. With respect to Article 15, City shall not reject any reasonable good faith settlement. If City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgment rendered in connection with such action. This Section 15(f) applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and City expressly agree that this Section 15(f) does not apply to any settlement that requires an exercise of City's police powers, limits City's exercise of its police powers, or affects the conduct of City's municipal operations. g. Survival. The provisions of Sections 15(a) through 15(f) inclusive, shall survive the termination or expiration of the Agreement.

16. California Environmental Quality Act
Owner shall reimburse City for any and all costs incurred by City related to project review under the California Environmental Quality Act (CEQA), Public Resources Code, §§21000-21189.3, and the Guidelines for California Environmental Quality Act, California Code of Regulations, Title 14, §§ 15000-15387. If reasonably requested by City, Owner shall conduct and pay for any required CEQA reviews and analyses. The City has found that the proposed Project is Categorically Exempt from California Environmental Quality Act (CEQA) requirements under provisions of CEQA Guidelines Section 15301 - Existing Facilities. This exemption applies to projects characterized as alterations to existing facilities meeting the conditions described in Section 15301 .

17. Rules, Regulations, and Official Policies
Except as otherwise provided in this Agreement, the rules, regulations, and official policies of City governing permitted uses of the land, governing density, and governing the design, improvements, and construction standards and specifications applicable to the development of the Project subject of this Agreement, shall be those rules, regulations, and official policies of City in force at the time of the execution of this Agreement. This Agreement does not prevent City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations , and policies applicable to the property as set forth herein, VM Evergreen, LLC
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nor does this Agreement prevent City from denying or conditionally approving any subsequent development project application based on such existing or new rules, regulations, or policies.

18. Regulatory Permit Conditions of Approval
Owner shall comply with all conditions of approval of the Regulatory Permit approved by City Council.

19. Periodic Reviews
This Agreement shall be subject to annual review. Owner and Landlord executing this Agreement, or successor in interest thereto, shall demonstrate good faith compliance with the terms of this Agreement. If, as a result of such periodic review, City finds and determines, based on substantial evidence, that Owner or Landlord executing this Agreement, or successor in interest thereto, has not complied in good faith with the terms or conditions of this Agreement, City may terminate or modify this Agreement (except no modification shall increase Owner's liability nor reduce Owner's rights), provided that City shall first provide Owner notice of its intent to terminate, with a detailed explanation as to why, and provide Owner the reasonable right to cure the same.
a. Periodic Review. City Council shall review this Agreement annually, on or before each anniversary of the Effective Date, in order to ascertain Owner's good faith compliance with this Agreement. During the periodic review Owner shall be required to demonstrate good faith compliance with the terms of the Agreement, through submitting an annual monitoring report, records, or equivalent written materials to the Planning Department. The Planning Department will schedule a hearing on the periodic review of the Development Agreement on or following the anniversary of the Effective Date, but Owner has no obligation to compel such hearing, and no implication will be made to Owner's detriment if a hearing is not in fact held. Owner shall document any request for an extension of the term due to delays beyond the control of Owner (see Section 23U), "Force Majeure").

Owner shall submit an annual review and administration fee deposit not to exceed City's estimated internal and third-party costs associated with the review and administration of this Agreement during the succeeding year, consistent with Section 23(k) ("Deposit with City") below. City shall provide Owner said estimate a reasonable time in advance of the annual review and administration fee deposit being due.
b. Conditional Use Permit. For all intents and purposes, the Regulatory Permit to be issued under this Agreement shall be treated as if it were a VM Evergreen, LLC
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Conditional Use Permit issued to Owner for the establishment and operation of its business. The operation of the business at all times shall be required to comply with the terms of this Agreement.
c. Special Review. City Council may order a special review of compliance with this Agreement at any time. The Planning Director or his or her designee shall conduct such special review. During a special review, Owner shall be required to demonstrate good faith compliance with the terms of the Agreement.

The burden of proof on this issue shall be on Owner.
d. Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, City Council may terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of City. The decision of City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5. e. Certificate of Agreement Compliance. If, after a periodic or special review, Owner is found to be in compliance with this Agreement, and if Owner requests it, City shall issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the Planning Director and City Council, that (i) this Agreement remains in effect and (ii) Owner is not in default.

City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the Planning Director and City Council, regardless of whether the Certificate is relied upon by assignees or other transferees or Owner.
f. Failure to Conduct Review. City's failure to conduct a periodic review of this Agreement shall not constitute a breach of this Agreement. g. Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by Owner.

20. Assignment
Assignment by Owner. Owner shall not transfer, delegate, sublet or assign its interest, rights , duties, and obligations under this Agreement without the prior written consent of VM Evergreen, LLC
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City, which consent shall not be unreasonably withheld. Owner shall submit a transfer application to the City Manager or City Manager's designee and pay any applicable transfer fee. The proposed transferee must show proof of lawful transfer of possession of the applicable location as may be acceptable to the City. Owner is aware it mayy take the City approximately six (6) months to process a transfer application.

Any assignment, delegation, subletting or assignment without the prior written consent of City shall be null and void. Any transfer, delegation, subletting or assignment by Owner as authorized herein shall be effective only if and upon the party to whom such transfer, delegation, subletting or assignment is made is issued a Regulatory Permit as required under Section 5.20.0?0(i) of the municipal code.

21. Operating Commercial Cannabis Facility
Any party to this Agreement, or successor in interest thereto, shall not operate a commercial cannabis facility authorized under the municipal code unless:
a. It is the holder of a valid Regulatory Permit issued by City in accordance with the procedures and requirement of Sections 5.20.100 [Medicinal Cannabis Cultivation]; 5.20.110 [Medicinal Cannabis Products Manufacturing];

5.20.120 [Medicinal Cannabis Products Retail Delivery]; 5.20.130 [Medicinal Cannabis Products Distribution] of the municipal code; and, b. At such time as the State of California requires commercial cannabis facilities and businesses to hold a valid license or permit issued by the State of California, it also holds such license or permit, unless, however, such permit or license is not required by the State of California for the type of commercial cannabis facility or business operation that is the subject of this Agreement.

22. Notice
Any notice or communication required hereunder between City and Owner must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, VM Evergreen, LLC
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as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City:
and
If to Owner:

If to Landlord:

With a courtesy copy to:

23. Miscellaneous Provisions
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Attention : City Clerk
Special Counsel, Glenn Ward Calsada, Esq.

Law Offices of Glenn Ward Calsada
23283 Ventura Boulevard
Woodland Hills, CA 91364
VM Evergreen, LLC
Attn: Javier Barajas, Manager
8116 Eastern Avenue
Bell Gardens, CA 90201 Leonardo and Rosa Valles
6534 Bequette Avenue
Pico Rivera, CA 90660
VM Evergreen, LLC
c/o Legal Counsel
Tony Soliman
8116 Eastern Avenue
Bell Gardens, CA 90201
a. Amendment or Cancellation. This Agreement may be amended, or canceled in whole or in part, only by the written mutual consent of the parties to this Agreement or their successors in interest, except that minor amendments VM Evergreen, LLC
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that do not affect a substantive provision of this Agreement may be approved by the City Manager on behalf of the City. The decision whether a proposed amendment is "minor" shall be in the exclusive discretion of the City Manager. b. Waiver. Waiver by City of any one or more of the terms or conditions of this Agreement shall not be construed as waiver of any other term or condition under this Agreement.
c. Enforcement/Reserved Powers. Unless amended or canceled pursuant hereto, this Agreement shall be enforceable by any party hereto, or successor in interest thereto, notwithstanding any subsequent change in any applicable general or specific plan, zoning, subdivision or building regulation, or municipal code amendment adopted by City that conflicts with the terms of this Agreement.

However, this Agreement is subject to the City's "Reserved Powers." For purposes of this Agreement, "Reserved Powers" means the rights and authority excepted from this Agreement's restrictions on the City's police powers and which are instead reserved to the City. The Reserved Powers include the powers to enact regulations or take future discretionary actions after the Effective Date of this Agreement that: (1) are necessary to protect the public health and safety, and are generally applicable on a City-wide basis (except in the event of natural disasters as found by the City Council such as floods, earthquakes and similar acts of God); (2) are amendments to California Marijuana Laws or California Uniform Codes, as adopted by the City of Cudahy, and/or the Cudahy Municipal Code, as applicable, regarding the construction, engineering and design standards for private and public improvements to be constructed on the Site; (3) are necessary to comply with state or federal laws and regulations; or (4) involve sign and parking ordinances and guidelines, changes to the Overlay Zone, Specific Plan or the City's General Plan, whether adopted previous or subsequent to the Effective Date of this Agreement).

If any City ordinance, rule or regulation or addition to the Cudahy Municipal Code is enacted or imposed by a citizen-sponsored initiative or referendum after the Effective Date that would conflict with this Agreement or an associated Regulatory Permit, business license or other authorizations and City approvals, or reduce development rights or assurances provided to the Owner in this Agreement, then such changes, additions or deletions to the Cudahy Municipal Code shall not be applied to the Site or Project; provided, however, the parties acknowledge that the City's approval of this Agreement is a legislative action subject to referendum. The parties shall cooperate with each other and undertake such reasonable actions as may be appropriate to ensure this Agreement remains in full force and effect and is implemented in accordance with its terms and to the fullest extent permitted by state or federal law.

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Notwithstanding anything to the contrary in this Agreement, site improvements contemplated by this Agreement shall be completed pursuant to the development standards and design guidelines to be adopted by the zoning code amendment.
d. Joint and Several Liability. Owner shall be jointly and severally liable for any amount due under this Agreement, and any breach of this Agreement or failure to pay by one Party shall also constitute a breach of this Agreement by the other Party.
e. Severability. If any part of this Agreement is found to conflict with applicable state laws or regulations, such part shall be inoperative, null, and void insofar as it conflicts with said laws or regulations, or modified or suspended as may be necessary to comply with such state laws or regulations, but the remainder of this Agreement shall continue to be in full force and effect. f. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The execution of this Agreement may be by actual, facsimile, or electronic signature.
g. Jurisdiction. The law governing this Agreement shall be that of the State of California. Any suit brought by any party against any other party arising out of the performance of this Agreement or the breach, termination, enforcement, interpretation or validity thereof, shall be filed and maintained in the County of Los Angeles Superior Court. h. Disclaimer. Despite California's commercial cannabis laws and the terms and conditions of this Agreement, any Conditional Use Permit, or any Regulatory Permit issued pertaining to Owner or the property specified herein, California commercial cannabis cultivators, transporters, distributors, or possessors may still be subject to arrest by state or federal officers and prosecuted under state or federal law. The Federal Controlled Substances Act, 21 USC§ 801, prohibits the manufacture, distribution, and possession of cannabis without any exemptions for medical use.
i. Force Majeure. If delays are caused by unforeseen events beyond the control of Owner, such delays will entitle Owner to an extension of time as provided in this section. Such unforeseen events ("Force Majeure") shall mean war, insurrection, acts of God, local, state or national emergencies, strikes and other labor difficulties beyond the party's control, or any default by City VM Evergreen, LLC
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hereunder, which Force Majeure event substantially interferes with the development, construction or operation of the Project.
j. Costs and Fees. Intentionally omitted.
k. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site, is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.

I. Binding Effect of Agreement. The Parties agree that the Recitals above are true and correct and intend to be bound by same. Except as otherwise provided, the burdens of this Agreement are binding upon, and the benefits of this Agreement inure to, all authorized successors-in-interest of the Parties and constitute covenants which run with the Site. In order to provide constructive notice thereof, the City Clerk will record this Agreement with the Los Angeles County Recorder within the period required by Government Code Section 65868.5.
m. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and the Owner is that of a government entity regulating the development of private property and the owner of such property.
n. Changes to Project. The parties acknowledge that changes to the Project or Development Plans and related approvals may be appropriate and mutually desirable to carry out the intent and purpose of this Agreement. This Agreement shall not prevent the City from applying, with the consent or at the request of the Owner, Subsequent Land Use Regulations or Subsequent Development Approvals that do not directly conflict with the Project, Site or Development Plan authorized under this Agreement. The granting of one such change or request shall not obligate the City to grant other similar changes or requests. As used herein, "Subsequent Development Approvals" include, without limitation, all VM Evergreen, LLC
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excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other non-discretionary permits or approvals necessary, convenient or appropriate for the Project. As used herein, "Subsequent Land Use Regulations" means ordinances, resolutions and codes adopted or approved by the City after the Effective Date of this Agreement governing the development and use of the land, including general plan amendments, zone changes, variances or conditional use permits affecting the permitted use of the land including density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions of reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. o. Conflicting Federal or State Rules. In the event that any conflicting federal or state laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, this Agreement shall remain in full force and effect as to those provisions not affected; and (i) Notice of Conflict. Either party, upon learning of any such matter, will provide the other party with written notice thereof and provide a copy of any such law, regulation or policy together with a statement of how any such matter conflicts with the provisions of this Agreement; and (ii) Modification Conferences. The parties shall, within thirty (30) days of the notice referenced to in the preceding subsection, meet and confer in good faith and attempt to modify this Agreement to bring it into compliance with any such federal or state law or regulation.
(iii) City Council Hearings. In the event the City believes that an amendment to this Agreement is necessary due to the effect of any federal or state law or regulation, the proposed amendment shall be scheduled for hearing before the City Council. The City Council shall determine the exact nature of the amendment necessitated by such federal or state law or regulation. Owner shall have the right to offer oral and written testimony at the hearing. Any modification ordered by the City Council pursuant to such hearing is subject to judicial review in accordance with California law. (iv) City Cooperation. The City shall cooperate with Owner in securing any City permits, licenses or other authorizations that may be required as a result of any amendment resulting from actions initiated by the City. As required by this Agreement, Owner shall be responsible to pay all applicable VM Evergreen, LLC
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fees in connection with securing of such permits, licenses or other authorizations.
p. Effective Date. "Effective Date" means the date on which all of the following are true: (i) thirty (30) days have elapsed since the second reading of the Ordinance adopting and approving this Development Agreement and (ii) all Exhibits to this Agreement are finalized , executed and notarized by all affected parties (if applicable) and attached hereto; provided, however, that if these conditions have not been fully satisfied by the Owner the Effective Date may not thereafter occur and this Agreement may not thereafter become effective.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.

CITY OF CUDAHY
APPROVED AS TO FORM:

Glenn Ward Calsada, Attorney at Law
Special Counsel for the City of Cudahy
VM Evergreen, LLC
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VM EVERGREEN, LLC
OWNER
e: Javier Barajas
itle: Managing Member

Development Agreement

CALIFORNIA ALL-F1URPOSIE ACKNOWLEDGMENT CIVIL CODE § 1189 l A notary public or other officer completing this certificate verifies only the identity of the individual who signed the ! document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Place Notary Seal Above
I certify under PENAL lY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct. -;
WITNESS my hand and official seal.
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Though this section is optional, compteting this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document /}
Title or Type of Document: !l@.,4-1, £>J, , c.7'-r:/-f&z~'r- Document Date:

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Signer s Name: --;17,-ea':'?"< h 4,-,,, .e-;Ut?
Corporate Officer - Title(s): ______ _
Signer's Name: ____ ---,.'--- --- - --
Corporate Officer - Ti s): _____ _
D Partner - D Limited D General D Partner - Limit D General OJ..1-ndividual O Attorney in Fact Cl Individual Attorney in Fact D Trustee D Guardian or Conservator 0 Trustee O Guardian or Conservator D Other:
___ _______ _ __ _ D Other:
_ ..,,,__ _ __________ _
Signer Is Representing:--- - ------
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of LOS ANGELES
On 03/07/2019 before me, Maria D. Garcia-Martinez a Notary Public (insert name and title of the officer)
personally appeared _J_o_s_e_R_. _G_o_n_z_a_le_z ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(.;')' whose name~ is/a~ subscribed to the within instrument and acknowledged to me that he/s~ /thJ y executed the sa~ e in his/h~r/tt(eir authorized capacity(i~ ). and that by his/h?'"ltl)eir signature(~ on the instrument the person} s'), or the entity upon beh~lf of which the personY-') acted, execu(ed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SignatureAY~~ (Seal)

EXHIBITS

A LEGAL DESCRIPTION

B PARCEL MAP

C LANDLORD CONSENT

D SITE AND FLOOR PLANS E ADDITIONAL BUSINESS STANDARDS (IF APPLICABLE)

F STANDARDS AND CONDITIONS FOR CONSTRUCTION (IF APPLICABLE) VM Evergreen, LLC
DA# 18-001C

Development Agreement

EXHIBIT “A”

LEGAL DESCRIPTION

11/12/2018 Viewing Property Detail Report for Glenn Calsada https://datastore.netronline.com/viewReport.aspx?reportID=936008&PurchaseItem=1133544 1/2

PROPERTY DETAIL REPORT
Prepared Exclusively for Glenn Calsada
Created: 11/13/2018
Expires: 12/13/2018
8222 ATLANTIC AVE CUDAHY, CA 90201-5806 C008
Owner Information
Owner Name: JUAREZ LEONARDO V SR / JUAREZ ROSA C
Mailing Address: 8226 ATLANTIC AVE CUDAHY CA 90201-5806 C008 Phone Number: Vesting Codes:

Owner Occupied Indicator: N Pending Record Indicator:

Corporate Owner:

Location Information
Legal Description: TRACT NO 180 W 41 FT OF S 160 FT OF LOT 214 County: LOS ANGELES APN: 6224-023-018
Census Tract / Block: 5343.01 Alternate APN:

Township-Range-Sect: Subdivision: 180
Legal Book - Page: 13-198 Map Reference: 59-D2 /
Legal Lot: 214 Tract #: 180
Legal Block: School District: LOS ANGELES
Market Area: T5 Munic / Township:

Neighbor Code:

Owner Transfer Information
Recording / Sale Date: 02/12/2004 Sale Price:

Document #: Deed Type: QUIT CLAIM DEED
Instrument #: 000000419962 1st Mtg Document #: 000000419963 Book - Page:

Last Market Sale Information
Recording / Sale Date: 06/22/1998 / 05/15/1998 1st Mtg Amount / Type: $540,000.00 / CONV Sale Price: $600,000.00 1st Mtg Int. Rate / Type: / FIXED RATE LOAN Sale Type: FULL 1st Mtg Term:

Document #: 1046846 1st Mtg Document #: 000001046847
Instrument #: 000001046846 1st Mtg Instrument #: 000001046847 Book - Page: 1st Mtg Book - Page:

Deed Type: GRANT DEED 2nd Mtg Amount / Type: /
Transfer Document #: 2nd Mtg Int. Rate / Type: /
New Construction: 2nd Mtg Term:

Multi / Split Sale: MULTIPLE Price per SqFt: $107.14
Cash Down Payment: Stamps Amount: $660.00
Title Company: CHICAGO TITLE INS CO
Lender: MISCELLANEOUS FIN
Seller Name: PIONEER PROPERTIES
Prior Sale Information
Prior Rec / Sale Date: / Prior Deed Type:

Prior Sale Price: Prior Lender:

Prior Sale Type: Prior 1stMtg Amount/Type: /
Prior Doc #: Prior 1stMtg Int. Rate/Type: /
Prior Instrument #: Prior Stamps Amount:

Prior Book - Page:

Site Information
Land Use: LIGHT
INDUSTRIAL Acres: .1511 County Use: LIGHT

MANUFACTURING

11/12/2018 Viewing Property Detail Report for Glenn Calsada https://datastore.netronline.com/viewReport.aspx?reportID=936008&PurchaseItem=1133544 2/2 Flood Zone: Lot Area: 6582  State Use:

Flood Zone Map: Lot Width / Depth: / Site Influence:

Flood Panel Date: Usable Lot: 6556  Sewer Type:

Res / Comm Units: Lot Shape: Topography: ROLLING/HILLY
# of Buildings: 1  Bldg Width / Depth: / Water Type:

Zoning: CUM2*  Building Class: Water District: CENTRAL AND W BASIN
Tax Information
Total Value: $252,586.00  Assessed Year: 2018  Property Tax: $4,127.36 Land Value: $77,175.00  Improve %: Tax Area: 631
Improvement Value: $175,411.00  Dist: Tax Year: 2017
Total Taxable Value: $252,586.00  Fire Dist: CONSOLIDATED CO  Tax Exemption:

Market Value: Garbage Dist: Equal Rate:

Delinquent Date: Equal Year:

Property Characteristics
Gross Area: 5600  Parking Type: Construction:

Living Area: 5600  Garage Area: Heat Type:

Tot Adj Area: Garage 2 Area: Heat Fuel:

Above Grade: Garage Capacity: Parcel Fuel:

Ground Floor Area: Parking Spaces: Exterior Wall:

Base / Main Area: / Carport: Interior Wall:

Upper Area: Basement Area: Foundation:
2nd Floor Area: Finish Bsmnt Area: Air Cond:
3rd Floor Area: Basement Type: Roof Type:

Rentable Area: Attic Type: Roof Shape:

Additional Area: Porch Type: Roof Frame:

Total Rooms: Porch 1 Area: Roof Material:

Bedrooms: Porch 2 Area: Floor Type:

Bath (F/H): / Patio Type: Floor Cover:

Total Baths / Fixtures: / Patio 1 Area: Style:

Year Built / Eff: 1956  / 1959  Pool: Quality:

Fireplace: Pool Area: Condition:

Fireplace Description: # of Stories:

Basement Description: Other Rooms:

Other Improvements:

Bldg Comments:

Parcel Comments:

Extra Features
Description: Unit: Size / Qty: Width: Depth: Year Built: Improvement Value:

NETRonline and its data supplier(s) do not guarantee nor include any warranty of any kind whether expressed or implied, about the validity of all information in this report since this information is retrieved as it is recorded from the various agencies that make it available.

Copyright 2007 Nationwide Environmental Title Research, LLC

EXHIBIT “B”

PARCEL MAP

EXHIBIT “C”

LANDLORD CONSENT

6224-023-019

Vicki Barajas
CEO

EXHIBIT “A”

LEGAL DESCRIPTION

11/12/2018 Viewing Property Detail Report for Glenn Calsada https://datastore.netronline.com/viewReport.aspx?reportID=936008&PurchaseItem=1133544 1/2

PROPERTY DETAIL REPORT
Prepared Exclusively for Glenn Calsada
Created: 11/13/2018
Expires: 12/13/2018
8222 ATLANTIC AVE CUDAHY, CA 90201-5806 C008
Owner Information
Owner Name: JUAREZ LEONARDO V SR / JUAREZ ROSA C
Mailing Address: 8226 ATLANTIC AVE CUDAHY CA 90201-5806 C008 Phone Number: Vesting Codes:

Owner Occupied Indicator: N Pending Record Indicator:

Corporate Owner:

Location Information
Legal Description: TRACT NO 180 W 41 FT OF S 160 FT OF LOT 214 County: LOS ANGELES APN: 6224-023-018
Census Tract / Block: 5343.01 Alternate APN:

Township-Range-Sect: Subdivision: 180
Legal Book - Page: 13-198 Map Reference: 59-D2 /
Legal Lot: 214 Tract #: 180
Legal Block: School District: LOS ANGELES
Market Area: T5 Munic / Township:

Neighbor Code:

Owner Transfer Information
Recording / Sale Date: 02/12/2004 Sale Price:

Document #: Deed Type: QUIT CLAIM DEED
Instrument #: 000000419962 1st Mtg Document #: 000000419963 Book - Page:

Last Market Sale Information
Recording / Sale Date: 06/22/1998 / 05/15/1998 1st Mtg Amount / Type: $540,000.00 / CONV Sale Price: $600,000.00 1st Mtg Int. Rate / Type: / FIXED RATE LOAN Sale Type: FULL 1st Mtg Term:

Document #: 1046846 1st Mtg Document #: 000001046847
Instrument #: 000001046846 1st Mtg Instrument #: 000001046847 Book - Page: 1st Mtg Book - Page:

Deed Type: GRANT DEED 2nd Mtg Amount / Type: /
Transfer Document #: 2nd Mtg Int. Rate / Type: /
New Construction: 2nd Mtg Term:

Multi / Split Sale: MULTIPLE Price per SqFt: $107.14
Cash Down Payment: Stamps Amount: $660.00
Title Company: CHICAGO TITLE INS CO
Lender: MISCELLANEOUS FIN
Seller Name: PIONEER PROPERTIES
Prior Sale Information
Prior Rec / Sale Date: / Prior Deed Type:

Prior Sale Price: Prior Lender:

Prior Sale Type: Prior 1stMtg Amount/Type: /
Prior Doc #: Prior 1stMtg Int. Rate/Type: /
Prior Instrument #: Prior Stamps Amount:

Prior Book - Page:

Site Information
Land Use: LIGHT
INDUSTRIAL Acres: .1511 County Use: LIGHT

MANUFACTURING

11/12/2018 Viewing Property Detail Report for Glenn Calsada https://datastore.netronline.com/viewReport.aspx?reportID=936008&PurchaseItem=1133544 2/2 Flood Zone: Lot Area: 6582  State Use:

Flood Zone Map: Lot Width / Depth: / Site Influence:

Flood Panel Date: Usable Lot: 6556  Sewer Type:

Res / Comm Units: Lot Shape: Topography: ROLLING/HILLY
# of Buildings: 1  Bldg Width / Depth: / Water Type:

Zoning: CUM2*  Building Class: Water District: CENTRAL AND W BASIN
Tax Information
Total Value: $252,586.00  Assessed Year: 2018  Property Tax: $4,127.36 Land Value: $77,175.00  Improve %: Tax Area: 631
Improvement Value: $175,411.00  Dist: Tax Year: 2017
Total Taxable Value: $252,586.00  Fire Dist: CONSOLIDATED CO  Tax Exemption:

Market Value: Garbage Dist: Equal Rate:

Delinquent Date: Equal Year:

Property Characteristics
Gross Area: 5600  Parking Type: Construction:

Living Area: 5600  Garage Area: Heat Type:

Tot Adj Area: Garage 2 Area: Heat Fuel:

Above Grade: Garage Capacity: Parcel Fuel:

Ground Floor Area: Parking Spaces: Exterior Wall:

Base / Main Area: / Carport: Interior Wall:

Upper Area: Basement Area: Foundation:
2nd Floor Area: Finish Bsmnt Area: Air Cond:
3rd Floor Area: Basement Type: Roof Type:

Rentable Area: Attic Type: Roof Shape:

Additional Area: Porch Type: Roof Frame:

Total Rooms: Porch 1 Area: Roof Material:

Bedrooms: Porch 2 Area: Floor Type:

Bath (F/H): / Patio Type: Floor Cover:

Total Baths / Fixtures: / Patio 1 Area: Style:

Year Built / Eff: 1956  / 1959  Pool: Quality:

Fireplace: Pool Area: Condition:

Fireplace Description: # of Stories:

Basement Description: Other Rooms:

Other Improvements:

Bldg Comments:

Parcel Comments:

Extra Features
Description: Unit: Size / Qty: Width: Depth: Year Built: Improvement Value:

NETRonline and its data supplier(s) do not guarantee nor include any warranty of any kind whether expressed or implied, about the validity of all information in this report since this information is retrieved as it is recorded from the various agencies that make it available.

Copyright 2007 Nationwide Environmental Title Research, LLC

EXHIBIT “B”

PARCEL MAP

EXHIBIT “C”
LEASE

Commercial Lease

AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION

STANDARD INDUSTRIAL/COMMERCIAL LEASE

1. Basic Provisions (“Basic Provisions”).

1.1 Parties: This Lease (“Lease”), dated for reference purposes only July 3, 2018, is made by and between Leonardo Valles and Rosa C Valles, as individuals (“Lessor”) and VM Evergreen, a Wyoming Limited Liability Company (“Lessee”), (collectively the “Parties,” or individually a “Party”).

1.2 Premises: That certain real property, including all improvements therein or to be provided under the terms of this Lease, and commonly known as 8222 Atlantic Ave., Cudahy, CA located in the County of Los Angeles, State of California, and generally described as approximately 19,000 square foot industrial manufacturing buildings (“Premises”) with APN 6224-023-018 & 6224-023-019. (See also Paragraph 2)

1.3 Term: 15 years (“Original Term”) the earlier of July 1, 2018 or as soon as possession is tendered (“Commencement Date”) and ending June 31, 2033 (“Expiration Date”), with the option to renew for an additional 10 years at the same base rent (“Option Term”) (See also Paragraph 3) as well as the right of first refusal to purchase the premises at the same price and terms of any offer accepted by Lessor, applicable only after the exclusive Option to Buy period has expired, as outlined in the separate Option to Buy agreement between the Parties . Should the Lessee choose to exercise its right of first refusal, it will be credited for any capital improvements made to the Premises by the Lessee. Lessee shall have access to the Premises for the purpose of making the improvements necessary for the desired use effective immediately upon the Commencement Date.

1.4 Base Rent: Parties agree the base rent will be per month (“Base Rent”), payable on the first day of each month. A 10-day grace period is granted monthly to Lessee by Lessor for due rent.

1.5 Security Deposit: One month deposit of

1.6 Agreed Use: Property will be used for the Agreed Use (“Agreed Use”) of various possible commercial uses as permitted by California state and local law including any commercial cannabis business activities allowed by the city of Cudahy. (See also Paragraph 6). Lessee to satisfy itself regarding all applicable regulations, licenses, covenants, or other restrictions.

1.7 Insuring Party: Lessee is the “Insuring Party” unless otherwise stated herein. (See also Paragraph 8)

2. Premises.

2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental rate, and upon all of the terms, covenants and conditions set forth in this Lease. Unless otherwise provided herein, any statement of size set forth in this Lease, or that may have been used in calculating rental, is an approximation which the Parties agree is reasonable and the rental based thereon is not subject to revision whether or not the actual size is more or less.

2.2 Condition. Lessor shall deliver the Premises to Lessee “as is” without warranty as to conditions not known to Lessor regarding any portion of the Premises including, but not limited to, the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems (“HVAC”), loading doors, if any, and all other such elements in the Premises, other than those constructed by Lessee. Lessor shall disclose any material defects known to Lessor on the Commencement Date regarding the structural elements of the roof, bearing walls and foundation of any buildings on the Premises (the “Building”) within one (1) month of the Commencement Date.

Commercial Lease

2.3 Compliance. Lessor makes no warranty regarding the improvements on the Premises or their compliance with any applicable laws, covenants or restrictions of record, building codes, regulations and ordinances (“Applicable Requirements”) in effect on the Start Date. Lessee shall be responsible for maintenance and improvements of the premises required for its use. If the Applicable Requirements are hereafter changed (as opposed to being in existence at the Start Date which is addressed in Paragraph 6.2(a) below) so as to require during the term of this Lease the construction of an addition to or an alteration of the Building, the remediation of any Hazardous Substance, or the reinforcement or other physical modification of the Building (“Capital Expenditure”), Lessor and Lessee shall allocate the cost of such work as follows:
(a) Subject to Paragraph 2.3(c) below, if such Capital Expenditures are required as a result of the specific and unique use of the Premises by Lessee as compared with uses by tenants in general, Lessee shall be fully responsible for the cost thereof, provided, however that if such Capital Expenditure is required during the last two (2) years of this Lease and the cost thereof exceeds six (6) months’ Base Rent, Lessee may instead terminate this Lease unless Lessor notifies Lessee, in writing, within ten (10) days after receipt of Lessee’s termination notice that Lessor has elected to pay the difference between the actual cost thereof and the amount equal to six (6) months’ Base Rent. If Lessee elects termination, Lessee shall immediately cease the use of the Premises which requires such Capital Expenditure and deliver to Lessor written notice specifying a termination date at least ninety (90) days thereafter. Such termination date shall, however, in no event be earlier than the last day that Lessee could legally utilize the Premises without commencing such Capital Expenditure.
(b) If such Capital Expenditure is not the result of the specific and unique use of the Premises by Lessee (such as, governmentally mandated seismic modifications), then Lessor and Lessee shall allocate the obligation to pay for such costs pursuant to the provisions of Paragraph 7.1(b); provided, however, that if such Capital Expenditure is required during the last two years of this Lease or if Lessor reasonably determines that it is not economically feasible to pay its share thereof, Lessor shall have the option to terminate this Lease upon ninety (90) days prior written notice to Lessee unless Lessee notifies Lessor, in writing, within ten (10) days after receipt of Lessor’s termination notice that Lessee will pay for such Capital Expenditure. If Lessor does not elect to terminate, and fails to tender its share of any such Capital Expenditure, Lessee may advance such funds and deduct same, with interest, from Rent until Lessor’s share of such costs have been fully paid. If Lessee is unable to finance Lessor’s share, or if the balance of the Rent due and payable for the remainder of this Lease is not sufficient to fully reimburse Lessee on an offset basis, Lessee shall have the right to terminate this Lease upon thirty (30) days written notice to Lessor.

(c) Notwithstanding the above, the provisions concerning Capital Expenditures are intended to apply only to non-voluntary, unexpected, and new Applicable Requirements. If the Capital Expenditures are instead triggered by Lessee as a result of an actual or proposed change in use, change in intensity of use, or modification to the Premises then, and in that event, Lessee shall be fully responsible for the cost thereof, and Lessee shall not have any right to terminate this Lease.

3. Term.

3.1 Term. The Commencement Date, Expiration Date, Original Term, and Option Term of this Lease are as specified in Paragraph 1.3.

3.2 Option to Renew. Provided that lessee is not then in default under any of the covenants, terms, conditions, and provisions of this Lease Agreement beyond any applicable notice and cure period, then Lessee shall have the one time right to extend the Term of the Lease for the Option Term commencing on the Expiration date of the Original Term, upon the same terms and conditions as set forth in this Lease. Lessee shall give Lessor notice in writing of Lessee’s intention to exercise this option at least 120 calendar days prior to the expiration of the Original Term of this Lease.

3.3 Right of First Refusal. Lessor agrees to provide Lessee the right of first refusal to purchase the premises at the same price and terms of any offer accepted by Lessor, if said offer is made after the expiration of the exclusive purchase option window. Should the Lessee choose to exercise its right of first refusal, it will be credited for any capital improvements made to the Premises by the Lessee. Lessee understands that this Right is separate and distinct from the Option Agreement of even date herewith and incorporated by reference herein. Lessee shall not

Commercial Lease
receive any credit for those capital improvements made to the Premises by the Lessee, as this privilege is exclusively reserved for exercise of the Right of First Refusal.

3.4 Delay in Possession. Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession as agreed, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease.

Lessee shall not, however, be obligated to pay Rent or perform its other obligations regarding the undelivered portions of the Premises until it receives possession of those portions. Specifically, Lessee understands that the Premises are comprised of three commercial units, two of which are occupied by third-parties on a month to month basis, and one of which is operated by Lessor. Lessor requires two (2) months to clear said Premises of tenants and deliver possession.

Lessee shall only be responsible for rent payments for each unit it has actual possession of, prorated at 1/3 rent for each unit, or $5,000 per unit. If possession is not delivered within sixty (60) days after the Commencement Date, Lessee may, at its option, by notice in writing within ten (10) days after the end of such sixty (60) day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder.

4. Rent.

4.1 Rent Defined. All monetary obligations of Lessee to Lessor under the terms of this Lease specifically including all payments under the Option Agreement of even date herewith and incorporated by reference herein are deemed to be rent (“Rent”). Lessee understands that payments of the Option Price are independent and in addition to the Base Rent articulated under this Lease agreement.

4.2 Payment. Lessee shall cause payment of Rent to be received by Lessor in lawful money of the United States, without offset or deduction (except as specifically permitted in this Lease), on or before the day on which it is due. Rent for any period during the term hereof which is for less than one (1) full calendar month shall be prorated based upon the actual number of days of said month. Payment of Rent shall be made to Lessor at its address stated herein or to such other persons or place as Lessor may from time to time designate in writing. Acceptance of a payment which is less than the amount then due shall not be a waiver of Lessor’s rights to the balance of such Rent, regardless of Lessor’s endorsement of any check so stating.

5. Security Deposit. Lessee shall deposit with Lessor upon execution hereof the Security Deposit as security for Lessee’s faithful performance of its obligations under this Lease. If Lessee fails to pay Rent, or otherwise Defaults under this Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount due Lessor or to reimburse or compensate Lessor for any liability, expense, loss or damage which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of said Security Deposit, Lessee shall within ten (10) days after written request therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease. Lessor shall not be required to keep the Security Deposit separate from its general accounts. Within fourteen (14) days after the expiration or termination of this Lease, if Lessor elects to apply the Security Deposit only to unpaid Rent, and otherwise within thirty (30) days after the Premises have been vacated pursuant to Paragraph 7.4(c) below, Lessor shall return that portion of the security Deposit not used or applied by Lessor. No part of the Security Deposit shall be considered to be held in trust, to bear interest or to be prepayment for any monies to be paid by Lessee under this Lease.

6. Use.

6.1 Use. Lessee shall use and occupy the Premises only for the Agreed Use or any other legal use which is reasonably comparable thereto. Lessee shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, waste or a nuisance, or that disturbs owners and/or occupants of, or causes damage to neighboring properties.1 Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the Agreed Use, so long as the same will not impair the structural integrity of the improvements on the Premises or the mechanical or electrical systems therein, is not significantly more burdensome to the Premises. If Lessor elects to

1 For purposes of this Lease, the Parties understand and agree that cannabis-related land uses carried out in compliance with local and state laws and regulations shall not be considered “unlawful.”

Commercial Lease
withhold consent, Lessor shall within five (5) business days after such request give written notification of same, which notice shall include an explanation of Lessor’s objections to the change in use.

6.2 Manufacturing Substances.
(a) Manufacturing Substances. The term “Manufacturing Substances” as used in this Lease shall mean any product or substance that is commonly used for the purposes of the Agreed Use. Lessor agrees to the use of the Manufacturing Substances on the Premises. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, so long as such use is in compliance with all Applicable Requirements and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor.2 (b) Duty to Inform Lessor. If Lessee knows, or has reasonable cause to believe, that other Hazardous Substances have come to be located in, on, under or about the Premises, other than as previously consented to by Lessor, Lessee shall immediately give written notice of such fact to Lessor, and provide Lessor with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance.

(c) Lessee Remediation. Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee’s expense, take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party.
(d) Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its agents, employees, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys’ and consultants’ fees arising out of or involving any Hazardous Substance brought onto the Premises by or for Lessee (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties).
(e) Lessor Indemnification, Investigations, and Remediations. Lessor and its successors and assigns shall indemnify, defend, reimburse and hold Lessee, its employees and lenders, harmless from and against any and all environmental damages, including the cost of remediation, which existed as a result of Hazardous Substances, on the Premises prior to the Start Date or which are caused by the gross negligence or willful misconduct of Lessor, its agents or employees. Lessor’s obligations, as and when required by the Applicable Requirements, shall include, but not be limited to, the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease. Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to the Start Date. Lessee shall cooperate fully in any such activities at the request of Lessor, including allowing Lessor and Lessor’s agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor’s investigative and remedial responsibilities.

6.3 Lessee’s Compliance with Applicable Requirements. Except as otherwise provided in this Lease, Lessee shall, at Lessee’s sole expense, fully, diligently and in a timely manner, materially comply with all Applicable Requirements without regard to whether said requirements are now in effect or become effective after the Start Date.

Specifically, Lessee shall promptly take all steps reasonably necessary to obtain licensure for the Agreed Use from the City of Cudahy and the State of California, including but not limited to the preparation and filing of any application required for such license, and to use its best commercially reasonable efforts to obtain such license. Lessee shall also diligently pursue other permits and licenses, including those necessary for the construction and improvement and

2 In accordance with this provision, Lessor acknowledges that Lessee may use and store carbon dioxide or other substances commonly used in cannabis manufacturing and State of California-approved pesticides in connection with cultivation at the Premises. Lessor hereby expressly consents to such use and storage, provided that it is carried out in compliance with the law and all Applicable Requirements.

Commercial Lease
construction, to assure the ability of Lessee to engage in the Agreed Use at the Premises. Lessee shall, within fifteen (15) business days after receipt of Lessor’s written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee’s compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. If a change in local or state law renders the Agreed Use nonconforming and unlawful, the Lessee shall have the option to terminate the Lease effective sixty (60) days following the effective date of such change in law by giving a written termination notice to Lessor within thirty (30) days after the date of said occurrence. Failure to obtain a license to operate the contemplated business shall not constitute a ‘change in law’ and shall not relieve Lessee of any obligations under the instant Lease Agreement.

6.4 Inspection; Compliance. Lessor shall have the right to enter into Premises at reasonable times with a 5-day written notice to Lessee for the purpose of inspecting the condition of the Premises and for verifying compliance by Lessee with this Lease. The cost of any such inspections shall be paid by Lessor.

7. Construction; Maintenance; Repairs, Utility Installations; Trade Fixtures and Alterations.

7.1 Lessee’s Obligations.
(a) In General. Subject to the provisions of Paragraph 2.2 (Condition), 2.3 (Compliance), 6.3 (Lessee’s Compliance with Applicable Requirements), 7.2 (Lessor’s Obligations), 9 (Damage or Destruction), and 14 (Condemnation), Lessee shall, at Lessee’s sole expense, keep the Premises, Utility Installations, and Alterations in good order, condition and repair, including, but not limited to, all equipment or facilities, such as plumbing, heating, ventilating, air-conditioning, electrical, lighting facilities, boilers, pressure vessels, fire protection system, fixtures, walls (interior and exterior), foundations, ceilings, roofs, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, or adjacent to the Premises. Lessee’s obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair. Lessee shall, during the term of this Lease, keep the exterior appearance of the Building in a first-class condition consistent with the exterior appearance of other similar facilities of comparable age and size in the vicinity, including, when necessary, the exterior repainting of the Building.
(b) Construction. Lessee shall engage architects, contractors, and suppliers at the expense of Lessee for the development of the Premises for the Agreed Use. The expense of the construction, equipment, and operation of the Premises shall be at the expense of the Lessee and shall not require any financial contribution by Lessor. (c) Replacement. Subject to Lessee’s indemnification of Lessor as set forth in Paragraph 8.7 below, and without relieving Lessee of liability resulting from Lessee’s failure to exercise and perform good maintenance practices, if Basic Elements installed by Lessor, including but not limited to (i) roof covering and drains, (ii) driveways and parking lots, (iii) water and sewage tanks, and (iv) basic utility feed to the perimeter of the Building, cannot be repaired other than at a cost which is in excess of 50% of the cost of replacing such Basic Elements, then such Basic Elements shall be replaced by Lessor, and the cost thereof shall be Lessor’s responsibility.

7.2 Lessor’s Obligations. Subject to the provisions of Paragraphs 2.2 (Condition), 2.3 (Compliance),

7.1(b) (Replacement of Basic Elements), 9 (Damage or Destruction) and 14 (Condemnation), it is intended by the Parties hereto that Lessor have no obligation, in any manner whatsoever, to repair and maintain the Premises, or the equipment therein, all of which obligations are intended to be that of the Lessee. It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as to maintenance and repair of the Premises, and they expressly waive the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease.

7.3 Utility Installations; Trade Fixtures; Alterations. (a) Definitions; Consent Required. The term “Utility Installations” refers to all power panels, electrical distribution, security and fire protection systems, HVAC equipment, plumbing, and fencing in or on the Premises. The

Commercial Lease
term “Trade Fixtures” shall mean Lessee’s machinery and equipment that can be removed without doing material damage to the Premises. The term “Alterations” shall mean any modification of the improvements, other than Utility Installations or Trade Fixtures, whether by addition or deletion. “Lessee Owned Alterations and/or Utility Installations” are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lesser pursuant to Paragraph 7.4(a). Lessee shall not make any material Alterations resulting in material damage to the Premises or Utility Installations to the Premises without Lessor’s prior written consent. Lessee may, however, make non-structural Alterations and Utility Installations to the interior of the Premises without such consent but upon notice to Lessor, as long as they are not visible from the outside and do not involve puncturing, relocating or removing the roof or any existing walls.
(b) Consent. Any Alterations or Utility Installations that Lessee shall desire to make and which require the consent of the Lessor shall be presented to Lessor in written form. Consent shall not be unreasonably withheld. (c) Indemnification. Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use on the Premises, which claims are or may be secured by any mechanic’s or materialmen’s lien against the Premises or any interest therein. Lessees shall give Lessor not less than ten (10) days’ notice prior to the commencement of any such work in, on or about the Premises. If Lessee shall contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend and protect itself, Lessor and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof. If Lessor elects to participate in any such action, Lessee shall pay Lessor’s attorneys’ fees and costs.

7.4 Ownership, Removal; Surrender; and Restoration.
(a) Ownership. Subject to Lessor’s right to require removal or elect ownership as hereinafter provided, all Alterations and Utility Installations made by Lessee shall be the property of Lessee, but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner to all or any specified part of the Lessee Owned Alterations and Utility Installations, unless otherwise agreed upon by the Lessor and Lessee in writing. Unless otherwise instructed per Paragraph 7.4(b) hereof, all Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises. (b) Removal. By delivery to Lessee of written notice from Lessor not earlier than ninety (90) and not later than thirty (30) days prior to the end of the term of this Lease, Lessor may require that any or all Lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this Lease. (c) Surrender/Restoration. Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. “Ordinary wear and tear” shall not include any damage or deterioration that would have been prevented by good maintenance practice. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee Owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee, and the removal, replacement, or remediation of any soil, material or groundwater contaminated by Lessee.

Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall constitute a holdover under the provisions of Paragraph 26 below.

8. Insurance; Indemnity.

8.1 Payment For Insurance. Lessee shall pay for all insurance required under Paragraph 8 except to the extent of the cost attributable to liability insurance carried by Lessor under Paragraph 8.2(b) in excess of $2,000,000 per occurrence. Premiums for policy periods commencing prior to or extending beyond the Lease term shall be prorated to correspond to the Lease term. Payment shall be made by Lessee to Lessor within ten (10) days following receipt of an invoice.

8.2 Liability Insurance.

Commercial Lease
(a) Carried by Lessee. Lessee shall obtain and keep in force a Commercial General Liability Policy of insurance protecting Lessee and Lessor against claims for bodily injury, personal injury and property damage based upon or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto.

Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $ 1,000,000 per occurrence with an “Additional Insured- Lessors of Premises Endorsement.” All insurance carried by Lessee shall be primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only.
(b) Carried by Lessor. Lessor may maintain liability insurance as described in Paragraph 8.2(a) in addition to, and not in lieu of, the insurance required to be maintained by Lessee. Lessee shall not be named as an additional insured therein.

8.3 Property Insurance - Building, Improvements and Rental Value. (a) Building and Improvements. The Insuring Party shall obtain and keep in force a policy or policies in the name of Lessor, with loss payable to Lessor, insuring loss or damage to the Premises. The amount of such insurance shall be equal to the full replacement cost of the Premises, as the same shall exist from time to time, or the amount required by any Lenders, but in no event more than the commercially reasonable and available insurable value thereof. If Lessor is the insuring Party, however, Lessee Owned Alterations and Utility Installations, Trade Fixtures, and Lessee’s personal property shall be insured by Lessee under Paragraph 8.4 rather than by Lessor. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of direct physical loss or damage, including coverage for debris removal and the enforcement of any Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any portion of the Premises as the result of a covered loss. (b) Rental Value. The Insuring Party shall obtain and keep in force a policy or policies in the name of Lessor with loss payable to Lessor, insuring the loss of the full Rent for one (1) year. Lessee shall be liable for any deductible amount in the event of such loss.

8.4 Lessee’s Property/Business Interruption Insurance.
(a) Property Damage. Lessee shall obtain and maintain insurance coverage on all of Lessee’s personal property. Proceeds from any such insurance shall be used by Lessee for the replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utility installations. Lessee shall provide Lessor with written evidence that such insurance is in force.
(b) Business Interruption. Lessee shall obtain and maintain loss of income insurance in amounts as will reimburse Lessee for direct or indirect loss of earnings attributable to and perils commonly insured against by prudent lessees in the business of Lessee or attributable to prevention of access to the Premises as a result of such perils.

8.5 Insurance Policies. Insurance required herein shall be by companies duly licensed or admitted to transact business in the state where the Premises are located, and maintaining during the policy term a “General Policyholders Rating” of at least B+, V, as set forth in the most current issue of “Best’s Insurance Guide.” Lessee shall not do or permit to be done anything which invalidates the required insurance policies. No such policy shall be cancelable or subject to modification except after thirty (30) days prior written notice to Lessor. Lessee shall, at least thirty (30) days prior to the expiration of such policies, furnish Lessor with evidence of renewals or “insurance binders” evidencing renewal thereof. Such policies shall be for a term of at least one year, or the length of the remaining term of this Lease, whichever is less.

8.6 Waiver of Subrogation. Without affecting any other rights or remedies, Lessee and Lessor each hereby release and relieve the other, and waive their entire right to recover damages against the other, for loss of or damage to its property arising out of or incident to the perils required to be insured against herein. The effect of such releases and waivers is not limited by the amount of insurance carried or required, or by any deductibles applicable hereto. The Parties agree to have their respective property damage insurance carriers waive any right to subrogation that such companies may have against Lessor or Lessee as the case may be, so long as the insurance is not invalidated thereby.

Commercial Lease

8.7 Indemnity. Except for Lessor’s gross negligence or willful misconduct. Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor’s master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, liens, judgments, penalties, attorneys’ and consultants’ fees, expenses and/or liabilities arising out of, involving, or in connection with, the use and/or occupancy of the Premises by Lessee. If any action or proceeding is brought against Lessor by reason of any of the foregoing matters, Lessee shall upon notice defend the same at Lessee’s expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be defended or indemnified.

8.8 Exemption of Lessor from Liability. Lessor shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee’s employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether the said injury or damage results from conditions arising upon the Premises or from other sources or places. Lessor shall not be liable for any damages arising from any act or neglect of any other tenant of Lessor. Notwithstanding Lessor’s negligence or breach of this Lease, Lessor shall under no circumstances be liable for injury to Lessee’s business or for any loss of income or profit therefrom.

9. Damage or Destruction.

9.1 Definitions.
(a) “Premises Partial Damage” shall mean damage or destruction to the improvements on the Premises, other than Lessee Owned Alterations and Utility Installations, which can reasonably be repaired in six (6) months or less from the date of the damage or destruction. Lessor shall notify Lessee in writing within thirty (30) days from the date of the damage or destruction as to whether or not the damage is Partial or Total. (b) “Premises Total Destruction” shall mean damage or destruction to the Premises, other than Lessee Owned Alterations and Utility installations and Trade Fixtures, which cannot reasonably be repaired in six (6) months or less from the date of the damage or destruction. Lessor shall notify Lessee in writing within thirty (30) days from the date of the damage or destruction as to whether or not the damage is Partial or Total. (c) “Insured Loss” shall mean damage or destruction to improvements on the Premises, other than Lessee Owned Alterations and Utility installations and Trade Fixtures, which was caused by an event required to be covered by the insurance described in Paragraph 8.3(a), irrespective of any deductible amounts or coverage limits involved.

(d) “Replacement Cost” shall mean the cost to repair or rebuild the improvements owned by Lessor at the time of the occurrence to their condition existing immediately prior thereto, including demolition, debris removal and upgrading required by the operation of Applicable Requirements, and without deduction for depreciation. (e) “Hazardous Substance Condition” shall mean the occurrence or discovery of a condition involving the presence of, or a contamination by, a Hazardous Substance as defined in Paragraph 6.2(a), in, on, or under the Premises.

9.2 Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor’s expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to affect such repair, the Insuring Party shall promptly contribute the shortage in proceeds as and when required to complete said repairs. Lessee shall be entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3, notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party.

Commercial Lease

9.3 Partial Damage - Uninsured Loss. If a Premises Partial Damage that is not an insured Loss occurs, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee’s expense), Lessor must repair such damage as soon as reasonably possible at Lessor’s expense, in which event this Lease shall continue in full force and effect. Such termination shall be effective sixty (60) days following the date of such notice.

9.4 Total Destruction. Notwithstanding any other provision hereof, if a Premises Total Destruction occurs, this Lease shall terminate sixty (60) days following such Destruction.

9.5 Damage Near End of Term. Deleted.

9.6 Abatement of Rent; Lessee’s Remedies.
(a) Abatement. In the event of Premises Partial Damage or Premises Total Destruction or a Hazardous Substance Condition for which Lessee is not responsible under this Lease, the Rent payable by Lessee for the period required for the repair, remediation or restoration of such damage shall be abated in proportion to the degree to which Lessee’s use of the Premises is impaired. All other obligations of Lessee hereunder shall be performed by Lessee, and Lessor shall have no liability for any such damage, destruction, remediation, repair or restoration except as provided herein.
(b) Remedies. If Lessor shall be obligated to repair or restore the Premises and does not commence, in a substantial and meaningful way, such repair or restoration within ninety (90) days after such obligation shall accrue, Lessee may, at any time prior to the commencement of such repair or restoration, give written notice to Lessor and to any Lenders of which Lessee has actual notice, of Lessee’s election to terminate this Lease on a date not less than sixty (60) days following the giving of such notice. If Lessee gives such notice and such repair or restoration is not commenced within thirty (30) days thereafter, this Lease shall terminate as of the date specified in said notice. If the repair or restoration is commenced within said thirty (30) days, this Lease shall continue in full force and affect. “Commence” shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever first occurs.

9.7 Termination - Advance Payments. Upon termination of this Lease, an equitable adjustment shall be made concerning advance Base Rent and any other advance payments made by Lessee to Lessor. Lessor shall, in addition, return to Lessee so much of Lessee’s Security Deposit as has not been, or is not then required to be, used by Lessor.

9.8 Waive Statutes. Lessor and Lessee agree that the terms of this Lease shall govern the effect of any damage to or destruction of the Premises with respect to the termination of this Lease and hereby waive the provisions of any present or future statute to the extent inconsistent herewith.

10. Real Property Taxes.

10.1 Definition of “Real Property Taxes.” As used herein, the term “Real Property Taxes” shall include any form of assessment; real estate, general, special, ordinary or extraordinary, or tax (other than inheritance, personal income or estate taxes) imposed upon or levied against any legal or equitable interest of Lessor in the Premises by any authority having the direct or indirect power to tax and where the funds are generated with reference to the Building address and where the proceeds so generated are to be applied by the city, county or other local taxing authority of a jurisdiction within which the Premises are located. The term “Real Property Taxes” shall also include any tax, fee, levy, assessment or charge, or any increase therein imposed by reason of events occurring during the term of this Lease.

10.2 Payment of Taxes. Lessee shall pay the Real Property Taxes applicable to the Premises during the term of this Lease. If any such taxes shall cover any period of time prior to or after the expiration or termination of this Lease, Lessee’s share of such taxes shall be prorated to cover only that portion of the tax bill applicable to the period that this Lease is in effect, and Lessor shall reimburse Lessee for any overpayment.

Commercial Lease

10.3 Personal Property Taxes. Lessee shall pay, prior to delinquency, all taxes assessed against and levied upon Lessee Owned Alterations, Utility installations, Trade Fixtures, furnishings, equipment and all personal property of Lessee. When possible, Lessee shall cause such property to be assessed and billed separately from the real property of Lessor.

11. Utilities. Lessee shall pay for all water, gas, heat, light, power, telephone, trash disposal and other utilities and services supplied to the Premises, together with any taxes thereon. If any such services are not separately metered to Lessee, Lessee shall pay a reasonable proportion, to be determined by Lessor, of all charges jointly metered.

12. Assignment and Subletting.

12.1 Lessor’s Consent Required. Lessee may voluntarily or by operation of law assign, transfer, mortgage or encumber (collectively, “assign or assignment”) or subject all or any part of Lessee’s interest in this Lease or in the Premises with Lessor’s prior written consent, which consent shall not be unreasonably withheld.

12.2 Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor’s consent, any assignment or subletting shall not: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease; (ii) release Lessee of any obligations hereunder; or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by Lessee.
(b) Lessor may accept Rent or performance of Lessee’s obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor’s right to exercise its remedies for Lessee’s Default or Breach.
(c) Lessor’s consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting.
(d) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor’s determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested.
(e) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment or entering into such sublease, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing.

12.3 Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein:
(a) Lessee hereby assigns and transfers to Lessor all of Lessee’s interest in all Rent payable on any sublease, and Lessor may collect such Rent and apply same toward Lessee’s obligations under this Lease; provided, however, that until a Breach shall occur in the performance of Lessee’s obligations, Lessee may collect said Rent. Lessor shall not, by reason of the foregoing or any assignment of such sublease, nor by reason of the collection of Rent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee’s obligations to such sublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee’s obligations under this Lease, to pay to Lessor all

Commercial Lease
Rent due and to become due under the sublease. Sublessee shall rely upon any such notice from Lessor and shall pay all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists, notwithstanding any claim from Lessee to the contrary.
(b) In the event of a Breach by Lessee, Lessor may, at its option, require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor. (c) Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor.
(d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor’s prior written consent.
(e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee.

13. Default; Breach; Remedies.
13 1 Default; Breach. A “Default” is defined as a failure by the Parties to comply with or perform any of the material terms, covenants, conditions or rules under this Lease. A “Breach” is defined as the occurrence of one or more of the following Defaults, and the failure of the breaching Party to cure such Default within any applicable grace period:
(a) The abandonment of the Premises; or the vacating of the Premises without providing a commercially reasonable level of security, or where the coverage of the property insurance described in Paragraph 8.3 is jeopardized as a result thereof,
(b) The failure of Lessee to make any payment of Rent or any Security Deposit required to be made by Lessee hereunder, whether to Lessor or to a third party, when due, to provide reasonable evidence of insurance or surety bond, or to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of thirty (30) business days following written notice to Lessee. (c) The failure by Lessee to provide (i) reasonable written evidence of compliance with Applicable Requirements, (ii) the rescission of an unauthorized assignment or subletting, (iii) a Estoppel Certificate, (iv) a requested subordination. (v) evidence concerning any guaranty and/or Guarantor, (vi) any document requested under Paragraph 42 (easements), or (vii) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this Lease, where any such failure continues for a period of thirty (30) days following written notice to Lessee.
(d) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof, other than those described in subparagraphs 13.1(a), (b) or (c), above, where such Default continues for a period of thirty (30) days after written notice; provided, however, that if the nature of Lessee’s Default is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Breach if Lessee commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion,

13.2 Remedies. If Lessee falls to perform any of its affirmative duties or obligations, within thirty (30) days after written notice (or in case of an emergency, without notice), Lessor may, at its option, perform such duty or obligation on Lessee’s behalf, including but not limited to the obtaining of reasonably required bonds, insurance policies, or governmental licenses, permits or approvals. The costs and expenses of any such performance by Lessor

Commercial Lease
shall be due and payable by Lessee upon receipt of invoice therefor. If any check given to Lessor by Lessee shall not be honored by the bank upon which it drawn, Lessor at its option, may require all future payments to be made by Lessee to be by cashier’s check. In the event of a Breach, Lessor may, with or without further notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Breach:
(a) Terminate Lessee’s right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession to Lessor. In such event Lessor shall be entitled to recover from Lessee: (i) the unpaid Rent which had been earned at the time of termination; and (ii) any other amount necessary to compensate Lessor for all the detriment proximately caused by the Lessee’s failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including but not limited to the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorneys’ fees, and that portion of any leasing commission paid by Lessor in connection with this Lease applicable to the unexpired term of this Lease. If termination of this Lease is obtained through the provisional remedy of unlawful detainer, Lessor shall have the right to recover in such proceeding any unpaid Rent and damages as are recoverable therein, or Lessor may reserve the right to recover all or any part thereof in a separate suit. If a notice and grace period required under Paragraph 13.1 was not previously given, a notice to pay rent or quit, or to perform or quit given to Lessee under the unlawful detainer statute shall also constitute the notice required by Paragraph 13.1. In such case, the applicable grace period required by Paragraph 13.1 and the unlawful detainer statute shall run concurrently, and the failure of Lessee to cure the Default within the greater of the two such grace periods shall constitute both an unlawful detainer and a Breach of this Lease entitling Lessor to the remedies provided for in this Lease and/or by said statute, (b) Continue the Lease and Lessee’s right to possession and recover, the Rent as it becomes due, in which event Lessee may sublet or assign subject only to reasonable limitations. Acts of maintenance, efforts to relet, and/or the appointment of a receiver to protect the Lessor’s interests, shall not constitute a termination of the Lessee’s right to possession.
(c) Pursue any other remedy now or hereafter available under the laws or Judicial decisions of the state wherein the Premises are located.

13.3 Breach by Lessor.
(a) Notice of Breach. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event be less than thirty (30) days after receipt by Lessor , of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are reasonably required for its performance, then Lessor shall not be in breach if performance is commenced within such thirty (30) day period and thereafter diligently pursued to completion. (b) Performance by Lessee on Behalf of Lessor. In the event that Lessor does not cure said breach within thirty (30) days after receipt of said notice, or if having commenced said cure they do not diligently pursue it to completion, then Lessee may elect to cure said breach at Lessee’s expense and offset from Rent an amount equal to the greater of one month’s Base Rent or the Security Deposit, and to pay an excess of such expense under protest, reserving Lessee’s right to reimbursement from Lessor, Lessee shall document the cost of said cure and supply said documentation to Lessor.

14. Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively “Condemnation”), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of any building portion of the Premises, or more than twenty-five percent (25%) of the land area portion of the Premises not occupied by any building, is taken by Condemnation, Lessee may, at Lessee’s option, to be exercised in writing within thirty (30) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance

Commercial Lease
with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation for Lessee’s relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor. In the event that this Lease is not terminated by reason of the Condemnation.

Lessor shall repair any damage to the Premises caused by such Condemnation.

15. Estoppel Certificates.
(a) Each Party (as “Responding Party”) shall within ten (10) days after written notice from the other Party (the “Requesting Party”) execute, acknowledge and deliver to the Requesting Party a statement in writing in form similar to the then most current “Estoppel Certificate” form published by the American Industrial Real Estate Association, plus such additional information, confirmation and/or statements as may be reasonably requested by the Requesting Party.
(b) If the Responding Party shall fail to execute or deliver the Estoppel Certificate within such ten day period, the Requesting Party may execute an Estoppel Certificate stating that: (i) the Lease is in full force and effect without modification except as may be represented by the Requesting Party, (ii) there are no uncured defaults in the Requesting Party’s performance, and (iii) if Lessor is the Requesting Party, not more than one month’s Rent has been paid in advance. Prospective purchasers and encumbrancers may rely upon the Requesting Party’s Estoppel Certificate, and the Responding Party shall be estopped from denying the truth of the facts contained in said Certificate. (c) If Lessor desires to finance, refinance, or sell the Premises, or any part thereof, Lessee shall deliver to any potential lender or purchaser designated by Lessor such financial statements as may be reasonably required by such lender or purchaser, including, but not limited to, Lessee’s financial statements for the past three (3) years. All such financial statements shall be received by Lessor and such lender or purchaser in confidence and shall be used only for the purposes herein set forth.

16. Definition of Lessor. The term “Lessor” as used herein shall mean the owner or owners at the time in question of the fee title to the Premises, or, of the Lessee’s interest in the prior lease. In the event of a transfer of Lessor’s title or interest in the Premises or this Lease, Lessor shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Lessor. Except as provided in Paragraph 15, upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the prior Lessor shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by the Lessor. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Lessor shall be binding only upon the Lessor as hereinabove defined. Notwithstanding the above, and subject to the provisions of Paragraph 20 below, the original Lessor under this Lease, and all subsequent holders of the Lessor’s interest in this Lease shall remain liable and responsible with regard to the potential duties and liabilities of Lessor pertaining to Hazardous Substances as outlined in Paragraph 6 above.

17. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof.

18. Days. Unless otherwise specifically indicated to the contrary, the word “days” as used in this Lease shall mean and refer to calendar days.

19. Time of Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Lease.

Commercial Lease

20. Notices.

20.1 Notice Requirements. All notices required or permitted by this Lease shall be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, of by facsimile transmission, or electronic mail (email) and shall be deemed sufficiently given if served in a manner specified in this Paragraph 20. The addresses noted adjacent to a Party’s signature on this Lease shall be that Party’s address for delivery or mailing of notices. Either Party may by written notice to the other specify a different address for notice, except that upon Lessee’s taking possession of the Premises, the Premises shall constitute Lessee’s address for notice. A copy of all notices to Lessor shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate in writing.

20.2 Date of Notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon.

If sent by regular mail the notice shall be deemed given forty-eight (48) hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given twenty-four (24) hours after delivery of the same to the Postal Service or courier. Notices transmitted by facsimile transmission or similar means shall be deemed delivered upon telephone confirmation of receipt, provided a copy is also delivered via delivery or mail. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.

21. Waivers. No waiver by a Party of the Default or Breach of any term, covenant or condition hereof by the other Party, shall be deemed a waiver of any other term, covenant or condition hereof, or of any subsequent Default or Breach by the Party of the same or of any other term, covenant or condition hereof. Lessor’s consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor’s consent to, or approval of, any subsequent or similar act by Lessee, or be construed as the basis of an estoppel to enforce the provision or provisions of this Lease requiring such consent. The acceptance of Rent by Lessor shall not be a waiver of any Default or Breach by Lessee. Any payment by Lessee may be accepted by Lessor on account of monies or damages due Lessor, notwithstanding any qualifying statements or conditions made by Lessee in connection therewith, which such statements and/or conditions shall be of no force or effect whatsoever unless specifically agreed to in writing by Lessor at or before the time of deposit of such payment.

22. Recording. Either Lessor or Lessee shall, upon request of the other, execute, acknowledge and deliver to the other a short form memorandum of this Lease for recording purposes. The Party requesting recordation shall be responsible for payment of any fees applicable thereto.

23. No Right To Holdover. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease unless agreed to by Lessor.

24. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

25. Covenants and Conditions: Construction of Agreement. All provisions of this Lease to be observed or performed by Lessee are both covenants and conditions. In construing this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

26. Binding Effect; Choice of Law; Dispute Resolution. This Lease shall be binding upon the parties, their personal representatives, successors and assigns and be governed by the laws of California. Any adjudication of disputes between the Parties hereto concerning this Lease shall be initiated in Los Angeles.

Commercial Lease

26.1 Dispute Resolution. If a dispute should arise between the Parties, disputes shall be resolved in accordance with the following provisions:
(a) Settlement Discussion: The Parties agree to attempt to resolve any disputes between them by an inperson meeting to be held within thirty (30) days after written notice by either Lessor or Lessee to the other party to this Lease Agreement regarding a dispute or disagreement on any matter arising from the relationship described in this Lease Agreement.
(b) Mandatory Mediation: If informal settlement discussion does not resolve a dispute, the Parties agree to mediate any dispute or claim arising between them based on this Lease Agreement before resorting to arbitration, as provided herein. Mediation fees shall be divided equally among the parties involved. If mediation is unsuccessful, the Parties shall arbitrate their dispute, subject to applicable laws and procedures, as set forth herein.
(c) Mandatory Binding Arbitration: If any dispute between the Parties arises under or relates to this Lease Agreement or otherwise relates to any transaction between the parties hereto, including any tort or contract claims, and if the parties are unable to resolve their dispute by mediation, then their dispute shall be decided by neutral, binding arbitration and not by a court proceeding. Arbitration shall be initiated by a written demand by either party and shall be conducted before Judicate West in Los Angeles, California, under the rules of Judicate West, or such other arbitration rules to which the parties may agree, before a single arbitrator. The Parties shall have the right to conduct discovery pursuant to the California Civil Code, Code of Civil Procedure, and other applicable law. Judgment upon the arbitral award may be entered in any court of competent jurisdiction.

27. Subordination; Attornment; Non-Disturbance.

27.1 Subordination. This Lease and any Option granted hereby shall be subject and subordinate to any mortgage, deed of trust, or other hypothecation or security device (collectively, “Security Device”), now or hereafter placed upon the Premises, to any and all advances made on the security thereof, and to all renewals, modifications, and extensions thereof. Any Lender may elect to have this Lease and/or any Option granted hereby superior to the lien of its Security Device by giving written notice thereof to Lessee, whereupon this Lease and such Options shall be deemed prior to such Security Device, notwithstanding the relative dates of the documentation or recordation thereof.

27.2 Attornment. Subject to the non-disturbance provisions of Paragraph 27.3, Lessee agrees to attorn to a Lender or any other party who acquires ownership of the Premises by reason of a foreclosure of a Security Device, and that in the event of such foreclosure, such new owner shall not; (i) be liable for any act or omission of any prior lessor or with respect to events occurring prior to acquisition of ownership; (ii) be subject to any offsets or defenses which Lessee might have against any prior lessor; or (iii) be bound by prepayment of more than one (1) month’s rent.

27.3 Non-Disturbance. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee’s subordination of this Lease shall be subject to receiving a commercially reasonable non-disturbance agreement (a “Non-Disturbance Agreement”) from the Lender which Non-Disturbance Agreement provides that Lessee’s possession of the Premises, and this Lease, including any options to extend the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attorns to the record owner of the Premises. Further, within sixty (60) days after the execution of this Lease, Lessor shall use its commercially reasonable efforts to obtain a NonDisturbance Agreement from the holder of any pre-existing Security Device which be secured by the Premises. In the event that Lessor is unable to provide the Non-Disturbance Agreement within said sixty (60) days, then Lessee may, at Lessee’s option, directly contact Lessor’s lender and attempt to negotiate for the execution and delivery of a NonDisturbance Agreement.

27.4 Self-Executing. The agreements contained in this Paragraph 27 shall be effective without the execution of any further documents; provided, however, that, upon written request from Lessor or a Lender in connection with a sale, financing or refinancing of the Premises, Lessee and Lessor shall execute such further writings as may be reasonably required to separately document any subordination, attornment and/or Non-Disturbance Agreement provided for herein.

Commercial Lease

28. Attorneys’ Fees. If any Party or Broker brings an action or proceeding involving the Premises to enforce the terms hereof or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys’ fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term “Prevailing Party” shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys’ fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys’ fees reasonably incurred. In addition, Lessor shall be entitled to attorneys’ fees, costs and expenses incurred in the preparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach.

29. Lessor’s Access; Repairs. Lessor and Lessor’s agents shall have the right to enter the Premises at reasonable times for the purpose of making such alterations, repairs, improvements or additions to the Premises as Lessor may deem necessary. All such activities shall be without abatement of rent or liability to Lessee. Lessor may at any time place on the Premises any ordinary “For Sale” signs and Lessor may during the last six (6) months of the term hereof place on the Premises any ordinary “For Lease” signs.

30. Signs. Lessee shall not place any sign upon the Premises without Lessor’s prior written consent except for signs relating to the business of the Lessee on the premises. All signs must comply with all Applicable Requirements.

31. Termination; Merger. Unless specifically stated otherwise in writing by Lessor, the voluntary or other surrender of this Lease by Lessee, the mutual termination or cancellation hereof, or a termination hereof by Lessor for Breach by Lessee, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Lessor may elect to continue any one or all existing subtenancies. Lessor’s failure within ten (10) days following any such event to elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Lessor’s election to have such event constitute the termination of such interest.

32. Consents. Except as otherwise provided herein, wherever in this Lease the consent of a Party is required to an act by or for the other Party, such consent shall not be unreasonably withheld or delayed. Lessor’s actual reasonable costs and expenses (including, but not limited to, architects’, attorneys’, engineers’ and other consultants’ fees) incurred in the consideration of, or response to, a request by Lessee for any Lessor consent, including, but not limited to, consents to an assignment, a subletting or the presence or use of a Hazardous Substance, shall be paid by Lessee upon receipt of an invoice and supporting documentation therefor. Lessor’s consent to any act, assignment or subletting shall not constitute an acknowledgment that no Default or Breach by Lessee of this Lease exists, nor shall such consent be deemed a waiver of any then existing Default or Breach, except as may be otherwise specifically stated in writing by Lessor at the time of such consent. The failure to specify herein any particular condition to Lessor’s consent shall not preclude the imposition by Lessor at the time of consent of such further or other conditions as are then reasonable with reference to the particular matter for which consent is being given. In the event that either Party disagrees with any determination made by the other hereunder and reasonably requests the reasons for such determination, the determining party shall furnish its reasons in writing and in reasonable detail within ten (10) business days following such request.

33. Quiet Possession. Subject to payment by Lessee of the Rent and performance of all of the covenants, conditions and provisions on Lessee’s part to be observed and performed under this Lease, Lessee shall have quiet possession and quiet enjoyment of the Premises during the term hereof.

34. Options.

34.1 Definition. “Option” shall mean: (a) the right to extend the term of or renew this Lease or to extend or renew any lease that Lessee has on other property of Lessor, (b) the right of first refusal or first offer to lease either the Premises or other property of Lessor, (c) the right to purchase or the right of first refusal to purchase the Premises or other property of Lessor, in accordance with the Option Agreement, which is incorporated herein by referenced.

Commercial Lease

34.2 Options Personal To Original Lessee. Each Option granted to Lessee in this Lease is personal to the original Lessee, and cannot be assigned or exercised by anyone other than said original Lessee and only while the original Lessee is in full possession of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assigning or subletting.

34.3 Effect of Default on Options.
(a) Lessee shall have no right to exercise an Option: (i) during the period of time any Rent is unpaid, or (ii) during the time Lessee is in Breach of this Lease. (b) The period of time within which an Option may be exercised may be extended or enlarged by if Lessee is unable to exercise an Option because of the provisions of Paragraph 34.3(a).

35. Multiple Buildings. If the Premises are a part of a group of buildings controlled by Lessor, Lessee agrees that it will observe all reasonable rules and regulations which Lessor may make from time to time for the management, safety, and care of said properties, including the care and cleanliness of the grounds and including the parking, loading and unloading of vehicles, and that Lessee will pay its fair share of common expenses incurred in connection therewith.

36. Security Measures. Lessee hereby acknowledges that the rent payable to Lessor hereunder does not include the cost of guard service or other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises, Lessee, its agents and invitees and their property from the acts of third parties.

37. Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment “under protest” and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay.

38. Authority. If either Party hereto is a corporation, trust, limited liability company, partnership, or similar entity, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf. Each Party shall, within thirty (30) days after request, deliver to the other Party satisfactory evidence of such authority.

39. Conflict. Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions.

40. Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an offer to lease to the other Party. This Lease is not intended to be binding until executed and delivered by all Parties hereto.

41. Amendments. This Lease may be modified only in writing, signed by the Parties in interest at the time of the modification.

42. Multiple Parties. If more than one person or entity is named herein as either Lessor or Lessee, such multiple Parties shall have joint and several responsibilities to comply with the terms of this Lease.

LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND

PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS

LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES.

ATTENTION: THE PARTIES ARE URGED TO:

EXHIBIT “D”

SITE AND FLOOR PLANS

9' x 20' STANDARD PARKING STALLS = 15 SPACES

SITE DATA

BUILDING AREA (FOOTPRINT)
% COVERAGE SQ. FT. AREA

LANDSCAPED AREA CONCRETE & ASPHALT
32,135 S.F.

PROPOSED LAND AREA & COVERAGE
17,500 SQ. FT. 51.72%
AREA

SITE AREA DATA
SQ. FT.
95%
33,835 SQ. FT.

TOTAL AREA COVERAGE =
GROSS LAND AREA 0.77 ACRES
LOADING ZONES PROVIDED = 1 SPACES
1,700 SQ. FT. 5.0%
14,635 SQ. FT. 43.28%

PARKING DATA

PARKING SUMMARY
TOTAL PROVIDED 18 SPACES PROVIDED

PROJECT MANAGER

PROPOSED SITE PLAN
APN: 6224-023-019
ADDRESS: 8222 ATLANTIC AVE.

CUDAHY, CA. 90201
HESPERIA, CA. 92345
17189 BEAR VALLEY RD.

MO+RE DESIGN SOLUTIONS,
N

VICINITY MAP
HESPERIA, CA. 92345
17189 BEAR VALLEY RD.

RIGOBERTO AVALOS,

DESIGNER
9' x 20' ACCESSIBLE PARKING STALLS = 3 SPACES
SCALE:

SHEET:

DATE:PROJECT NO:

REVISION No. DATE
PROJECT:

PROJECT DATA

PREPARED BY

GOVERNING

D E V E L O P E D

W H I C H T H E P R O J E C T S I T ' S

AS WELL AS MUNICIPAL CODE ON
AND THE 2016 ENERGY STANDARDS
CPC, 2016 CEC, 2016 CGC, 2016 CRC
WHICH ADOPTS THE 2016 CMC, 2016
THE 2016 CALIFORNIA BUILDING CODE

THESE PLANS SHALL COMPLY WITH
PG. NO.DRAFTER:

CONTENT:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD. UNIT 160
HESPERIA, CA. 92345
WWW.GETMOREDESIGNSOLUTIONS.COM
EMAIL:

[email protected]
PH: (760) 715-3382

THE USE OF THESE DESIGNS , DRAWINGS, SPECIFICATIONS, AND/OR STRUCTURAL CALCULATIONS IS RESTRICTED TO THE ORIGINAL PURPOSE FOR WHICH THEY WERE PREPARED AND FURNISHED TO THE HOLDER. PUBLICATION IS EXPRESSLY LIMITED TO SUCH USE. OWNERSHIP OF THIS DOCUMENT AND ALL INFORMATION OR DESIGNS CONTAINED HEREIN REMAINS WITH |MO+RE| DESIGN SOLUTIONS ASSOCIATES. REUSE OR OTHER PUBLICATION BY ANY METHOD IS PROHIBITED EXCEPT WITH THE WRITTEN PERMISSION OF |MO+RE| DESIGN SOLUTIONS ASSOCIATES.

CONTACT INFORMATION:

PROJECT DESCRIPTION:

PROJECT ADDRESS:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD.

HESPERIA, CA. 92345
PROPERTY INFO:

PH: (760) 669 - 0613
A-0
L-015-2018
08 / 23 / 2018
RIGO A.
1 : 20
N
A T L A N T I C A V E.
45'
90'
NORTHEAST PROPERTY:

OWNER: CALDERON FAMILY TRUST
A.P.N. 6224-023-016
ADDRESS: 8220 ATLANTIC AVE.

ZONING: CUM2
LAND USE: MANUFACTURING (LIGHT)
45'
LEGAL DESCRIPTION:

LOT: 210,6 TR#:180, TRACT NO 180
S 160 FT. MEASURED ON E LINE

EX OF ST OF LOT 216
NORTHBOUND PROPERTY:

OWNER: CALDERON FAMILY TRUST
A.P.N. 6224-023-017
ADDRESS: 8220 ATLANTIC AVE.

ZONING: CUM2
LAND USE: MANUFACTURING (LIGHT)
EASTBOUND PROPERTY:

OWNER: CALDERON FAMILY TRUST
A.P.N. 6224-023-010
ADDRESS: 4717 CECILIA ST.

ZONING: CUM2
LAND USE: INDUSTRIAL (GENERAL)
EASTERLY PROPERTY:

OWNER: CALDERON FAMILY TRUST
A.P.N. 6224-023-008
ADDRESS: 4727 ATLANTIC AVE.

ZONING: CUM2
LAND USE: MANUFACTURING (LIGHT)
SOUTHBOUND PROPERTY:

OWNER: BOGARD PROPERTIES
A.P.N. 6224-033-037
ADDRESS: 8300 ATLANTIC AVE.

ZONING: CUM2
LAND USE: WAREHOUSE (INDUSTRIAL)
25'
50'
25'
SOUTHWEST PROPERTY:

OWNER: MINISTERIOS UNA VOZ
A.P.N. 6224-035-040
ADDRESS: 8333 ATLANTIC AVE.

WESTBOUND PROPERTY:

OWNER: BROSHEARS RANDOLPH
A.P.N. 6224-035-001
ADDRESS: 8301 ATLANTIC AVE.

WESTBOUND PROPERTY:

OWNER: CUDAHY CITY
A.P.N. 6224-022-903
ADDRESS: 8221 ATLANTIC AVE.

COMMON AREAS
@ ALL SHADED AREA
(BREAK RM. &
530 SQ. FT.SECURITY)

CONSTRUCTION

TO REMAIN INTACT DURING
@ NEIGHBOR PROPERTY
EXISTING 8" WD. CMU WALL
8' WROUGHT IRON FENCE

TO BE REPLACED W/ AN

CHAIN-LINK FENCING

EXISTING PORTION OF

FIRE HYDRANT

EXISTING OFF-SITE

EXISTING SIDE-WALKNEW CODE STANDARDSRECONDITIONED PEREXISTING SIGN TO BE

PER CITY STANDARDEXISTING GUTTER

TO BE REMOVED

EXISTING INLET

TO REMAIN

EXISTING DRIVEWAY

OF LANDSCAPE

EXISTING AREA
6 NO PARKING
11 41' 31'
IMAGE

PLANTING LEGEND - SHRUBS

BOTANICAL NAME WATER USAGE
S:\MORE Design Solutions\Project List\Patrick Stad\City of Cudahy Project\10 - Landscape\Plants Library\91CmsJr6-gL._SX355_.jpg PURPLE SALVIA

COMMON NAME

POINT SAL

PURPLE SAGE
QTY.

LOW
SIZE
1 X 1.0 GPH
5 GALLONS

EMITTER
REQ.

SYMBOL
S:\MORE Design Solutions\Project List\Patrick Stad\City of Cudahy Project\10 - Landscape\Plants Library\Lupine.png LUPINE LUPINUS FABACEAE LOW IMAGE

PLANTING LEGEND - TREES

BOTANICAL NAME WATER USAGE

WASHINGTONIA

PALM TREE

COMMON NAME

MEXICAN

PALM TREE
QTY.

LOW

SIZE SYMBOL
IMAGE

PLANTING LEGEND - GROUND COVERS

BOTANICAL NAME WATER USAGE

CONVOLVULUS

CNEORUM
COMMON NAME QTY.

LOW

SIZE SYMBOL

ARTIFICIAL
SOD

ASTRO-TURF NONE
S:\MORE Design Solutions\Project List\Patrick Stad\City of Cudahy Project\10 - Landscape\Plants Library\CONVOLVULUS.png MORNING GLORY S:\MORE Design Solutions\Project List\Patrick Stad\City of Cudahy Project\10 - Landscape\Plants Library\Artificial Sod.jpg MINIMUM DEPTH. OVER GRADED NATIVE SOIL.
3/4" MAXIMUM SIZE DECORATIVE ROCK. WITH 3"
PEA GRAVEL:

WITH 3/4" THK. RIVER ROCK AS NECESSARY.4" MINIMUM & 6" MAXIMUM RIVER ROCKS, FILL GAPES RIVER ROCK:

S:\MORE Design Solutions\Project List\Patrick Stad\City of Cudahy Project\10 - Landscape\Plants Library\River Rock.jpg S:\MORE Design Solutions\Project List\Patrick Stad\City of Cudahy Project\10 - Landscape\Plants Library\Bark-Brown-Gravel.jpg VARIES PER CLIENT PREFERENCES.

RED / TAN TONES, WITH IRREGULAR SHAPE. SIZEDBOULDER:

S:\MORE Design Solutions\Project List\Patrick Stad\City of Cudahy Project\10 - Landscape\Plants Library\Boulder Rock.jpg 1 X 1.0 GPH
5 GALLONS

EMITTER
REQ.
1 X 1.0 GPH
5 GALLONS

EMITTER
REQ.

EXISTING
TREE
±25 FT.

TALL
S:\MORE Design Solutions\Project List\Patrick Stad\City of Cudahy Project\10 - Landscape\Plants Library\Palm_tree_-Washingtonia_robusta_Group_1024x1024.jpg 10 4
78 8' WROUGHT IRON FENCE

TO BE REPLACED W/ AN

CHAIN-LINK FENCING

EXISTING PORTION OF
ATLANTIC AVE.

WILCOX AVE.

SANTA ANA ST.

CECELIA ST.

SANTA ANA ST.

C E C E L I A S T.

PATATA ST.

ARDINE ST.

CECELIA ST.

PROPOSED

RETAIL DELIVERY
OCC: B / S-1
TYPE: V-B
400 SQ. FT. PROPOSED

DISTRIBUTION FACILITY
2,280 SQ. FT.

CONSTRUCTION
TYPE: V-B
OCC: B / S-1

NON-SPRINKLERED
STORIES: SINGLE

PROPOSED
NON-VOLATILE MFGR.
2,150 SQ. FT.

CONSTRUCTION
TYPE: V-B
OCC: B / H-2 / S-1

NON-SPRINKLERED
STORIES: SINGLE

LOUNGE CAFE
4,120SQ. FT.

CONSTRUCTION
TYPE: II-B
OCC: B / S-1 / A-3

PROPOSED
NON-VOLATILE MFGR.
3,900 SQ. FT.

CONSTRUCTION
TYPE: II-B
OCC: B / S-1 / F-1

PROPOSED

CULTIVATION FACILITY
4,120 SQ. FT.

CONSTRUCTION
TYPE: V-B
OCC: B / F-1 / S-1
100' 5'
9' 103' 8' 40'
91' 24' 6' 124'

SCREENED FENCING
PROPOSED 8'
1'
SCALE = 1 : 20

PROPOSED SITE PLAN
F.A.R. CALCULATIONS

STANDARDS
FIRE RISER ROOM PER COUNTYMOUNTED NO LESS THAN 10' FROMPROPOSED BLDNG. KNOX BOX KEY SCALE = 1 : 20
EXISTING FLOOR AREA = 17,500 SQ. FT.MAX. FLOOR AREA RATIO ALLOWED = 33,835 SQ. FT.

SITE LAND AREA = 33,835 SQ. FT.

F.A.R. = 1.0
19'
8'
TYP.

ACCESSIBLE PARKING SPACES
MIN.
18'-0" MIN.
2'-0"
3'-0"
TYP.

LC
LC

LC THE STREET AND SIDEWALK

THE FLUSH TRANSITION BETWEEN

PLACED ON THE TURNING SPACE ATDETECTABLE WARNINGS SHALL BE

ON PARALLEL CURB RAMPS, NO PARKING
12" HIGH.

WHITE LETTERS NO LESS THAN
THE WORDS "NO PARKING" IN

UNLOADING ACCESS AISLE PAINT

WITHIN THE LOADING AND
MIN.
(EXCEPTION 11B-502.2)
9'-0" 8'-0"

ON BUILDING EXTERIOR
PLAN FOR ALTERNATE LOCATIONPER 11B-502.6.1 REFER TO SITE 70" SQ. INCH ACCESSIBILITY SIGN NOSEOVER TYP.
2'-0" PARKING
6" CURB (TYPICAL)
PER SECTION 11B-502.3.3.

OF ACCESSIBILITY 36" SQ.

INTERNATIONAL SYMBOL

OR HANDICAP ACCESSIBLE STALL

VAN ACCESSIBLE STALL
(TYPICAL)

PAINTED BLUE BORDER
2% MAX SLOPE
(IN ALL DIRECTIONS) (IN ALL DIRECTIONS) 2% MAX SLOPE

ACCESSIBLE PARKING SPACES
MIN.
20'-0"
2'-0"
3'-0"
TYP.

L
C
LC
LC

NO PARKING
12" HIGH.

WHITE LETTERS NO LESS THAN
THE WORDS "NO PARKING" IN

UNLOADING ACCESS AISLE PAINT

WITHIN THE LOADING AND
MIN.
(EXCEPTION 11B-502.2)
9'-0" 8'-0"

ON BUILDING EXTERIOR
PLAN FOR ALTERNATE LOCATIONPER 11B-502.6.1 REFER TO SITE 70" SQ. INCH ACCESSIBILITY SIGN
OVERHANG TYP.
2'-0" PARKING
(TYPICAL)

PAINTED BLUE BORDER
PER SECTION 11B-502.3.3.

OF ACCESSIBILITY 36" SQ.

INTERNATIONAL SYMBOL

ACCESSIBLE STALL

OR HANDICAP

VAN ACCESSIBLE STALL
2% MAX SLOPE
(IN ALL DIRECTIONS) (IN ALL DIRECTIONS) 2% MAX SLOPE
(@ LANDSCAPING AREAS) (@ BUILDING AREAS)

PROPOSED LANDSCAPING AREAS
18'-0" MIN. STOP @ BLDG. PARKING 4" WD. CONC. WHEEL

9.5'
9'
20'

APPROACH

EXISTING DRIVEWAY
20'

EXISTING DRIVEWAY

APPROACH
40'

BUILDING 'A'
8,020 TOTAL SQ. FT.

SPRINKLERED

SINGLE STORY

BUILDING 'C'

NON-SPRINKLERED
4,120 TOTAL SQ. FT.

SINGLE STORY

BUILDING 'B'
4,960 TOTAL SQ. FT.

BUILDING 'D'
400 TOTAL SQ. FT.
204.89'
L
P 41'
173.77'
L
P
135.76'
L
P 41'
160'
PL
2 1 REV. #1 B&S 8-28-2018
1 1
1 1
1 1
1 19'
1 SCREENED FENCING
PROPOSED 8'

SCREENED FENCING
PROPOSED 8'
'EXIT ONLY'
15' EASEMENT

POLE LOCATIONEXISTING POWER
5'
2 5'
5'
5'

APPROACH

EXISTING DRIVEWAY
21'

EXISTING DRIVEWAY

APPROACH
12'

EXISTING DRIVEWAY

APPROACH

OF LANDSCAPE

EXISTING AREA
2 2
2 2
2 2
2 REV. #2 B&S 9-5-2018
20'
'ENTRANCE ONLY'

NO PARKING
RECORDING 24 HR. A DAY.MONITORED BY VIDEOMOUNTED ON WALL

SURVEILLANCE SYSTEM
PROPOSED SECURITY 2

DRIVE AISLE WIDTH

DRIVE AISLE WIDTH
18'

DRIVE AISLE WIDTH
TWO-BIKE CAPACITY RACK.

PARKING STALLS & A MIN. OF (1)ENTRANCE W/ CAPACITY FOR 5% OFBICYCLE RACK WITHIN 200' OF THEPROVIDE PERMANENTLY ANCHORED 2 2 30'
5' FENCE

SETBACK
PROPOSED SHADE TREES 2
4'
4'
LOCATION REFERENCE.LIGHTING. SEE PLAN FOR

PROPOSED BUILDING SITE
2 2
REMAIN. (TYP. OF 2)EXISTING SHADE TREES TO 2
6' SQUARE EASEMENT.

BIKES ONLY
8'

NO PARKING
1 S:\MORE Design Solutions\Project List\Patrick Stad\City of Cudahy Project\10 - Landscape\Plants Library\Calodendrum Capense.jpg

CALODENDRUM

CAPENSE
CAPE CHESTNUT 2 LOW TREE
±25 FT.

TALL

PEDESTRIAN TRAVEL FLOW
LINE INDICATES 2

OF LANDSCAPE

EXISTING AREA
LOCATION REFERENCE.LIGHTING. SEE PLAN FORPROPOSED BUILDING SITE 2 31'

3-COMP. SINK
H.SINK
E.W.

MOP
3-COMP. SINK D.W.

SINK
SCALE:

SHEET:

DATE:PROJECT NO:

REVISION No. DATE
PROJECT:

PROJECT DATA

PREPARED BY

GOVERNING

D E V E L O P E D

W H I C H T H E P R O J E C T S I T ' S

AS WELL AS MUNICIPAL CODE ON
AND THE 2016 ENERGY STANDARDS
CPC, 2016 CEC, 2016 CGC, 2016 CRC
WHICH ADOPTS THE 2016 CMC, 2016
THE 2016 CALIFORNIA BUILDING CODE

THESE PLANS SHALL COMPLY WITH
PG. NO.DRAFTER:

CONTENT:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD. UNIT 160
HESPERIA, CA. 92345
WWW.GETMOREDESIGNSOLUTIONS.COM
EMAIL:

[email protected]
PH: (760) 715-3382

THE USE OF THESE DESIGNS , DRAWINGS, SPECIFICATIONS, AND/OR STRUCTURAL CALCULATIONS IS RESTRICTED TO THE ORIGINAL PURPOSE FOR WHICH THEY WERE PREPARED AND FURNISHED TO THE HOLDER. PUBLICATION IS EXPRESSLY LIMITED TO SUCH USE. OWNERSHIP OF THIS DOCUMENT AND ALL INFORMATION OR DESIGNS CONTAINED HEREIN REMAINS WITH |MO+RE| DESIGN SOLUTIONS ASSOCIATES. REUSE OR OTHER PUBLICATION BY ANY METHOD IS PROHIBITED EXCEPT WITH THE WRITTEN PERMISSION OF |MO+RE| DESIGN SOLUTIONS ASSOCIATES.

CONTACT INFORMATION:

PROJECT DESCRIPTION:

PROJECT ADDRESS:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD.

HESPERIA, CA. 92345
PROPERTY INFO:

PH: (760) 669 - 0613
A-1
PROPOSED FLOOR PLAN - BLDG. 'A' SCALE: 3/16" = 1'-0" BUILDING #A - NON-VOLATILE EXTRACTION FLOOR PLAN L-015-2018
08 / 23 / 2018
RIGO A.
3/16" = 1'-0"
LEGAL DESCRIPTION:

LOT: 210,6 TR#:180, TRACT NO 180
S 160 FT. MEASURED ON E LINE

EX OF ST OF LOT 216
APN: 6224-023-019
ADDRESS: 8222 ATLANTIC AVE.

CUDAHY, CA. 90201
1 REV. #1 B&S 8-28-2018
REF. D.W. SINK

EMPLOYEES LOCKERS
5-TIER
72"X18"
60 SQ. FT.
7'-6" x 7'-6"

RESTROOM

BREAK ROOM
16'-10" x 18'-10"
3127 SQ. FT.
28'-3" x 23'-6"
663 SQ. FT.

POST-EXTRACTION
(8) VACUUM OVENS
156 SQ. FT.
20'-4" x 7'-8"

NON-VOLATILE
CO2 EXTRACTION
7'-7" x 10'-2"
77 SQ. FT.

UTILITY ROOM
22'-4" x 20'-8"
462 SQ. FT.

PACKAGING RM.

ADMINISTRATION
OFFICE
12'-11" x 11'-10"
183 SQ. FT.

DATA RM.
29 SQ. FT.
5'-9" x 5'-0"

SECURITY
OFFICE
169 SQ. FT.
11'-6" x14'-8"
86 SQ. FT.
7'-6" x 11'-6"

UTILITY

FIRE RISER
29 SQ. FT.
5'-5" x 5'-4"

BREAK ROOM
16'-10" x 18'-10"
3127 SQ. FT.

REF. REF. REF. REF.

RECEIVING

SHIPPING &
20'-4" x 20'-2"
394 SQ. FT.

PRODUCT

PACKAGING
13'-1" x 18'-11"
247 SQ. FT.

FORMULATION
6'-8" x 12'-6"
83 SQ. FT.

CRYOGENIC
9'-0" x 12'-6"
1 100 SQ. FT.
14'-0" x14'-0" ROLL UP DOOR

EMERGENCY

EXIT DOOR
ONLY

SHIPPING &

DELIVERY
(MANUFACTURING) MANUFACTURING

ENTRANCE WITH

PREMISES MAIN

SECURITY
CHECK POINT 1

FIRE RISER
& ALARM
ROOM
MOP W.H.

MECHANICAL
CHASE
CO2

EXTRACTOR
SYSTEM
CO2

EXTRACTOR
SYSTEM
PRE. TABLE
2 1
3 4
6 5
9 10
16 17
11 18
87 19
12 21
20 15 14
13 23 22 24
23'-7" x 18'-10"
444 SQ. FT.

VIP AREA
TV TV
5-TIER
72"X18"
5-TIER
72"X18"
5-TIER
60"X18"
5-TIER
72"X18"
5-TIER
72"X18"
5-TIER
60"X18"
5-TIER
54"X18"
1,838 SQ. FT.
47'-1" x 40'-2"

SEATING AREA
26'-2" x 10'-8"
280 SQ. FT.

CAFE BAR
P.O.S. H.S. BLENDER ESPRESSO ESPRESSO
REF. ICE
BREWER
3-COMP. SINK TRASH

PASTRIES

PICK-UP

AREA DISPLAY AREA
9'-10" x 17'-6"
172 SQ. FT.

MEN R.R.
9'-10" x 17'-6"
172 SQ. FT.

WOMEN R.R.

LAV. LAV.

LAV. LAV.

W.C.W.C.W.C.

W.C.

W.C.

UR. 7'-10" x 17'-6"
137 SQ. FT.

STORAGE
11'-7" x 12'-2"
141 SQ. FT.

OFFICE
28 SQ. FT.
5'-7" x 5'-0"
DATA RM.
28 SQ. FT.
5'-7" x 5'-0"
FILE RM.
145 SQ. FT.
6'-6" x 22'-8"

SERVICE
W.H.
10'-0" x 10'-0"
100 SQ. FT.

COOLER

WALK-IN

LOUNGE CAFE

MAIN ENTRANCE
FIRE RATINGDEMISING WALL W/ 1-HRDASHED LINE INDICATES

SCALE:

SHEET:

DATE:PROJECT NO:

REVISION No. DATE
PROJECT:

PROJECT DATA

PREPARED BY

GOVERNING

D E V E L O P E D

W H I C H T H E P R O J E C T S I T ' S

AS WELL AS MUNICIPAL CODE ON
AND THE 2016 ENERGY STANDARDS
CPC, 2016 CEC, 2016 CGC, 2016 CRC
WHICH ADOPTS THE 2016 CMC, 2016
THE 2016 CALIFORNIA BUILDING CODE

THESE PLANS SHALL COMPLY WITH
PG. NO.DRAFTER:

CONTENT:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD. UNIT 160
HESPERIA, CA. 92345
WWW.GETMOREDESIGNSOLUTIONS.COM
EMAIL:

[email protected]
PH: (760) 715-3382

THE USE OF THESE DESIGNS , DRAWINGS, SPECIFICATIONS, AND/OR STRUCTURAL CALCULATIONS IS RESTRICTED TO THE ORIGINAL PURPOSE FOR WHICH THEY WERE PREPARED AND FURNISHED TO THE HOLDER. PUBLICATION IS EXPRESSLY LIMITED TO SUCH USE. OWNERSHIP OF THIS DOCUMENT AND ALL INFORMATION OR DESIGNS CONTAINED HEREIN REMAINS WITH |MO+RE| DESIGN SOLUTIONS ASSOCIATES. REUSE OR OTHER PUBLICATION BY ANY METHOD IS PROHIBITED EXCEPT WITH THE WRITTEN PERMISSION OF |MO+RE| DESIGN SOLUTIONS ASSOCIATES.

CONTACT INFORMATION:

PROJECT DESCRIPTION:

PROJECT ADDRESS:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD.

HESPERIA, CA. 92345
PROPERTY INFO:

PH: (760) 669 - 0613
A-2

BUILDING 'A' - PREMESIS PLAN
L-015-2018
08 / 23 / 2018
RIGO A.
3/16" = 1'-0"
LEGAL DESCRIPTION:

LOT: 210,6 TR#:180, TRACT NO 180
S 160 FT. MEASURED ON E LINE

EX OF ST OF LOT 216
APN: 6224-023-019
ADDRESS: 8222 ATLANTIC AVE.

CUDAHY, CA. 90201
SCALE: 3/16" = 1'-0"
BUILDING #A - NON-VOLATILE EXTRACTION PREMISES DIAGRAM SHIPPING & DELIVERY (MANUFACTURING) MANUFACTURING

PREMISES MAIN

SECURITY

ENTRANCE

COMMON AREAS

CHECK POINT &
1 FIRE RISER
& ALARM
ROOM

LOUNGE CAFE
(NON-CANNABIS BUSINESS)
4,120 SQ. FT.

NON-VOLATILE

MANUFACTURING

PREMISES
3,900 SQ. FT.

EMERGENCY

EXIT DOOR
ONLY

LOUNGE CAFE

MAIN ENTRANCE

SCALE:

SHEET:

DATE:PROJECT NO:

REVISION No. DATE
PROJECT:

PROJECT DATA

PREPARED BY

GOVERNING

D E V E L O P E D

W H I C H T H E P R O J E C T S I T ' S

AS WELL AS MUNICIPAL CODE ON
AND THE 2016 ENERGY STANDARDS
CPC, 2016 CEC, 2016 CGC, 2016 CRC
WHICH ADOPTS THE 2016 CMC, 2016
THE 2016 CALIFORNIA BUILDING CODE

THESE PLANS SHALL COMPLY WITH
PG. NO.DRAFTER:

CONTENT:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD. UNIT 160
HESPERIA, CA. 92345
WWW.GETMOREDESIGNSOLUTIONS.COM
EMAIL:

[email protected]
PH: (760) 715-3382

THE USE OF THESE DESIGNS , DRAWINGS, SPECIFICATIONS, AND/OR STRUCTURAL CALCULATIONS IS RESTRICTED TO THE ORIGINAL PURPOSE FOR WHICH THEY WERE PREPARED AND FURNISHED TO THE HOLDER. PUBLICATION IS EXPRESSLY LIMITED TO SUCH USE. OWNERSHIP OF THIS DOCUMENT AND ALL INFORMATION OR DESIGNS CONTAINED HEREIN REMAINS WITH |MO+RE| DESIGN SOLUTIONS ASSOCIATES. REUSE OR OTHER PUBLICATION BY ANY METHOD IS PROHIBITED EXCEPT WITH THE WRITTEN PERMISSION OF |MO+RE| DESIGN SOLUTIONS ASSOCIATES.

CONTACT INFORMATION:

PROJECT DESCRIPTION:

PROJECT ADDRESS:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD.

HESPERIA, CA. 92345
PROPERTY INFO:

PH: (760) 669 - 0613
A-3

BUILDING 'A' EXTERIOR ELEVATIONS
L-015-2018
08 / 23 / 2018
RIGO A.
3/16" = 1'-0"
LEGAL DESCRIPTION:

LOT: 210,6 TR#:180, TRACT NO 180
S 160 FT. MEASURED ON E LINE

EX OF ST OF LOT 216
APN: 6224-023-019
ADDRESS: 8222 ATLANTIC AVE.

CUDAHY, CA. 90201
10'-0"
17'-0"
SCALE: 3/16" = 1'-0"

BUILDING 'A' - RIGHT SIDE ELEVATION
SCALE: 3/16" = 1'-0"

BUILDING 'A' - LEFT SIDE ELEVATION
SCALE: 3/16" = 1'-0"

BUILDING 'A' - REAR ELEVATION
SCALE: 3/16" = 1'-0"

BUILDING 'A' - FRONT ELEVATION
15'-0"
17'-0"
17'-0"
15'-0" 15'-0"
17'-0"
7'-1"
17'-0"
15'-0"
17'-0"
15'-0"
14'-0" 7'-1"
17'-0" 17'-0"
15'-0"
2'-6"
20'-2"
14'-0"
124'-3"
55'-2"
75'-4"75'-4"
24'-2"
124'-3"
6'-0" 14'-0" 80'-1"
EXISTING 14'x14' ROLL-UP DOOR
EXISTING 14'x14' ROLL-UP DOOR FIRE RISER

ROOM DOOR ENTRANCE DOOR

MANUFACTURING BREWERY

ENTRANCE DOOR

BREWERY

SERVICE DOOR

BREWERY

ENTRANCE DOOR

EVER GREEN

LOUNGE CAFE
AND SPACED 2" APART

TO BE WEATHER TREATED
8" WD. WOOD SIDING

AND REPLACED WITH STOREFRONT SYTEM

EXISTING ROLL-UP DOOR TO BE REMOVED

PAINTED CHARCOAL COLOR

GREY, EXISTING STUCCO UNDER TO BE

PARALLEL POSITION PAINTED LIGHT
2x6 WOOD SLATS TO BE MOUNTED ON

SCALE:

SHEET:

DATE:PROJECT NO:

REVISION No. DATE
PROJECT:

PROJECT DATA

PREPARED BY

GOVERNING

D E V E L O P E D

W H I C H T H E P R O J E C T S I T ' S

AS WELL AS MUNICIPAL CODE ON
AND THE 2016 ENERGY STANDARDS
CPC, 2016 CEC, 2016 CGC, 2016 CRC
WHICH ADOPTS THE 2016 CMC, 2016
THE 2016 CALIFORNIA BUILDING CODE

THESE PLANS SHALL COMPLY WITH
PG. NO.DRAFTER:

CONTENT:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD. UNIT 160
HESPERIA, CA. 92345
WWW.GETMOREDESIGNSOLUTIONS.COM
EMAIL:

[email protected]
PH: (760) 715-3382

THE USE OF THESE DESIGNS , DRAWINGS, SPECIFICATIONS, AND/OR STRUCTURAL CALCULATIONS IS RESTRICTED TO THE ORIGINAL PURPOSE FOR WHICH THEY WERE PREPARED AND FURNISHED TO THE HOLDER. PUBLICATION IS EXPRESSLY LIMITED TO SUCH USE. OWNERSHIP OF THIS DOCUMENT AND ALL INFORMATION OR DESIGNS CONTAINED HEREIN REMAINS WITH |MO+RE| DESIGN SOLUTIONS ASSOCIATES. REUSE OR OTHER PUBLICATION BY ANY METHOD IS PROHIBITED EXCEPT WITH THE WRITTEN PERMISSION OF |MO+RE| DESIGN SOLUTIONS ASSOCIATES.

CONTACT INFORMATION:

PROJECT DESCRIPTION:

PROJECT ADDRESS:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD.

HESPERIA, CA. 92345
PROPERTY INFO:

PH: (760) 669 - 0613
L-015-2018
08 / 23 / 2018
RIGO A.
3/16" = 1'-0"

BUILDING 'B' - DISTRIBUTION PREMISES PLAN BUILDING 'B' - PROPOSED FLOOR PLANBUILDING 'A' - COMMON AREAS (SECURITY CHECK & BREAM ROOM)

DISTRIBUTION

PREMISES
2,280 SQ. FT.

NON-VOLATILE

MANUFACTURING

PREMISES

SECURITY
POINT
CHECK
&
COMMON
AREAS

NON-VOLATILE

MANUFACTURING

PREMISES
2,150 SQ. FT.

SECURITY
POINT
CHECK
&
COMMON
AREAS

NON-VOLATILE

MANUFACTURING

PREMISES
2,150 SQ. FT.

DISTRIBUTION

PREMISES

DISTRIBUTION

PREMISES SECURITY
POINT
CHECK
530 SQ. FT.
70'-3"
40'-0"
43'-1" 27'-2"
70'-3"
53'-9"
40'-0"
43'-1" 27'-2"
70'-3"
22'-4"
LEGAL DESCRIPTION:

LOT: 210,6 TR#:180, TRACT NO 180
S 160 FT. MEASURED ON E LINE

EX OF ST OF LOT 216
APN: 6224-023-019
ADDRESS: 8222 ATLANTIC AVE.

CUDAHY, CA. 90201

PREMESIS PLAN BUILDING 'B' PREMESIS MAIN (SECURITY ENTRANCE CHECK-POINT) RECEIVING SHIPPING & (DISTRIBUTION) PREMESIS MAIN (SECURITY ENTRANCE CHECK-POINT) RECEIVING SHIPPING & (MANUFACTURING)

PREMESIS MAIN
(SECURITY

ENTRANCE

CHECK-POINT)
SCALE: 3/16" = 1'-0"

BUILDING 'B' - DISTRIBUTION & MANUFACTURING PREMISES

PACKAGING
25'-4" x 16'-7"
420 SQ. FT.

TESTED
15'-4" x 16'-7"

BATCHES
254 SQ. FT.

PRE-TESTING
28'-4" x 16'-7"

BATCHES
470 SQ. FT.

RECEIVING

SHIPPING &
20'-0" x 21'-11"
438 SQ. FT.

ADMINISTRATION

TRACK & TRACE
13'-10" x 11'-3"
156 SQ. FT.

SAMPLES
34 SQ. FT.
6'-9" x 5'-0"
39 SQ. FT.
6'-9" x 5'-0"

KEEPING
RECORD
DATA
33 SQ. FT.
7'-8" x 4'-3"

SECURITY
7'-8" x 12'-0"
89 SQ. FT. CHECK-IN
52 SQ. FT.
6'-4" x 8'-2"
42 SQ. FT.
8'-5" x 5'-0"

UTILITY

RESTROOM
56 SQ. FT.
7'-6" x 7'-6" 35 SQ. FT.
4'-6" x 8'-2"

UTILITY

BREAK ROOM
135 SQ. FT.
16'-4" x 8'-3"
REF.

SINK D.W. D.F.

EMPLOYEES LOCKERS

RESTROOM
56 SQ. FT.
7'-6" x 7'-6"

PRODUCT

PACKAGING
23'-4" x 10'-9"
251 SQ. FT.

OFFICE
AREA
133 SQ. FT.
9'-8" x 13'-9"

CRYOGENIC
8'-0" x 16'-1"
129 SQ. FT.

FORMULATION
8'-0" x15'-11"
127 SQ. FT.

M ECHANICAL RM.
20'-6" x 11'-0"
246 SQ. FT.

NON-VOLATILE

POST EXTRACTION
28'-4" x 14'-7"
413 SQ. FT.
3-COMP. SINK
H.SINK
E.W.
(8) VACUUM OVENS

NON-VOLATILE

EXTRACTION
BOOTH
10'-0" x 10'-3"
89 SQ. FT.
39 SQ. FT.
5'-0" x 7'-10"

UTILITY
2'x6'

WORKSTATION
2'x6'

WORKSTATION
2'x6'

WORKSTATION
REF. REF. REF. REF. REF.

REF. REF. REF.
2'x6'

WORKSTATION NON-VOLATILE EXTRACTION BOOTH
10'-0" x 10'-3"
89 SQ. FT.

STORAGE
77 SQ. FT.
9'-8" x 8'-0"
1 2
4 3
5 6
7 8
9 10
11 1312
14 1312
14 15
16 17
18 19
20 21
22 23
24 25 26
27 28
29 30
31 32
34 33
37 36
35 38
40 39
41 42
4,960 SQ. FT.

MAIN PREMESIS
(SECURITY

ENTRANCE

CHECK-POINT)

RECEIVING

SHIPPING &
(DISTRIBUTION)

RECEIVING

SHIPPING &
(MANUFACTURING)
F.E.

F.E.

F.E.

F.E. F.E.

F.E.
1 1
1 A-4
1

RIGO A.

SCALE:

SHEET:

DATE:PROJECT NO:

REVISION No. DATE
PROJECT:

PROJECT DATA

PREPARED BY

GOVERNING

D E V E L O P E D

W H I C H T H E P R O J E C T S I T ' S

AS WELL AS MUNICIPAL CODE ON
AND THE 2016 ENERGY STANDARDS
CPC, 2016 CEC, 2016 CGC, 2016 CRC
WHICH ADOPTS THE 2016 CMC, 2016
THE 2016 CALIFORNIA BUILDING CODE

THESE PLANS SHALL COMPLY WITH
PG. NO.DRAFTER:

CONTENT:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD. UNIT 160
HESPERIA, CA. 92345
WWW.GETMOREDESIGNSOLUTIONS.COM
EMAIL:

[email protected]
PH: (760) 715-3382

THE USE OF THESE DESIGNS , DRAWINGS, SPECIFICATIONS, AND/OR STRUCTURAL CALCULATIONS IS RESTRICTED TO THE ORIGINAL PURPOSE FOR WHICH THEY WERE PREPARED AND FURNISHED TO THE HOLDER. PUBLICATION IS EXPRESSLY LIMITED TO SUCH USE. OWNERSHIP OF THIS DOCUMENT AND ALL INFORMATION OR DESIGNS CONTAINED HEREIN REMAINS WITH |MO+RE| DESIGN SOLUTIONS ASSOCIATES. REUSE OR OTHER PUBLICATION BY ANY METHOD IS PROHIBITED EXCEPT WITH THE WRITTEN PERMISSION OF |MO+RE| DESIGN SOLUTIONS ASSOCIATES.

CONTACT INFORMATION:

PROJECT DESCRIPTION:

PROJECT ADDRESS:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD.

HESPERIA, CA. 92345
PROPERTY INFO:

PH: (760) 669 - 0613
L-015-2018

BUILDING 'B' EXTERIOR ELEVATIONS
A-5
LEGAL DESCRIPTION:

LOT: 210,6 TR#:180, TRACT NO 180
S 160 FT. MEASURED ON E LINE

EX OF ST OF LOT 216
08 / 23 / 2018
3/16" = 1'-0"
APN: 6224-023-019
ADDRESS: 8222 ATLANTIC AVE.

CUDAHY, CA. 90201
SCALE: 3/16" = 1'-0"

BUILDING 'B' - FRONT ELEVATION
SCALE: 3/16" = 1'-0"

BUILDING 'B' - REAR ELEVATION
SCALE: 3/16" = 1'-0"

BUILDING 'B' - LEFT SIDE ELEVATION
SCALE: 3/16" = 1'-0"

BUILDING 'B' - RIGHT SIDE ELEVATION
16'-0"
17'-0"
23'-8"
4 12
4 12
17'-0"
23'-8"
12'-0"
17'-0"
23'-8"
17'-0"
23'-8"
EXISTING 12'x12' ROLL-UP DOOR
EXISTING 16'x16' SLIDING DOOR

SECURITY CHECK POINT

ENTRANCE

MANUFACTURING

DISTRIBUTION &

WATER
600 GAL.

TANK
WATER
600 GAL.

TANK

RESTROOM
12'-0" x 14'-0" ROLL-UP DOOR
16'-6" x 20'-11"

STORAGE
345 SQ. FT.

ADMINISTRATION
OFFICE
16'-6" x 11'-3"
186 SQ. FT.

SAFE
54 SQ. FT.
7'-0" x 7'-9"

KITCHENETTE
7'-6" x 15'-7"
117 SQ. FT.

REF.

SINK D.W. D.F.

CULTIVATION
RM. #1
DRYING RM.
132 SQ. FT.
8'-6" x 15'-7"
29'-10" x 31'-6"
940 SQ. FT.
30'-2" x 31'-6"
950 SQ. FT.

CULTIVATION
RM. #2
2,000 GAL.

WATER
TANK
65'-5" x 10'-0"
2,000 GAL.

WATER
TANK
(E) COVERED PATIO

CHECK-IN
60 SQ. FT.
7'-6" x 7'-6"
12'-0" x 13'-0" ROLL-UP DOOR
12'-4" x 6'-0"
70 SQ. FT.

SCALE:

SHEET:

DATE:PROJECT NO:

REVISION No. DATE
PROJECT:

PROJECT DATA

PREPARED BY

GOVERNING

D E V E L O P E D

W H I C H T H E P R O J E C T S I T ' S

AS WELL AS MUNICIPAL CODE ON
AND THE 2016 ENERGY STANDARDS
CPC, 2016 CEC, 2016 CGC, 2016 CRC
WHICH ADOPTS THE 2016 CMC, 2016
THE 2016 CALIFORNIA BUILDING CODE

THESE PLANS SHALL COMPLY WITH
PG. NO.DRAFTER:

CONTENT:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD. UNIT 160
HESPERIA, CA. 92345
WWW.GETMOREDESIGNSOLUTIONS.COM
EMAIL:

[email protected]
PH: (760) 715-3382

THE USE OF THESE DESIGNS , DRAWINGS, SPECIFICATIONS, AND/OR STRUCTURAL CALCULATIONS IS RESTRICTED TO THE ORIGINAL PURPOSE FOR WHICH THEY WERE PREPARED AND FURNISHED TO THE HOLDER. PUBLICATION IS EXPRESSLY LIMITED TO SUCH USE. OWNERSHIP OF THIS DOCUMENT AND ALL INFORMATION OR DESIGNS CONTAINED HEREIN REMAINS WITH |MO+RE| DESIGN SOLUTIONS ASSOCIATES. REUSE OR OTHER PUBLICATION BY ANY METHOD IS PROHIBITED EXCEPT WITH THE WRITTEN PERMISSION OF |MO+RE| DESIGN SOLUTIONS ASSOCIATES.

CONTACT INFORMATION:

PROJECT DESCRIPTION:

PROJECT ADDRESS:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD.

HESPERIA, CA. 92345
PROPERTY INFO:

PH: (760) 669 - 0613
A-6
SCALE: 1/4" = 1'-0"

BUILDING 'C' - CULTIVATION PREMISES
SCALE: 1/4" = 1'-0"

BUILDING 'D'- RETAIL DELIVERY PREMISES

ADMINISTRATION
113 SQ. FT.
11'-7" x 9'-9"
OFFICE
STOCK
11'-5" x 15'-5"

PRODUCT
176 SQ. FT.

REF.

SINK D.W.

KITCHENETTE
39 SQ. FT.
7'-6" x 5'-2"
LAV.

W.C.

L-015-2018
08 / 23 / 2018
RIGO A.
1/4" = 1'-0"
1 2
3 4
6 5
9 10
8 7
12 11
400 SQ. FT.
4,120 SQ. FT.
1 2
3 5
4 6
7 8
9 TRIMMING
ROOM
24'-2" x 15'-7"
377 SQ. FT.
10 11
12 13 15
14 17
18 16
20 19
27 28
22 21
24 23
26 25
LEGAL DESCRIPTION:

LOT: 210,6 TR#:180, TRACT NO 180
S 160 FT. MEASURED ON E LINE

EX OF ST OF LOT 216
APN: 6224-023-019
ADDRESS: 8222 ATLANTIC AVE.

CUDAHY, CA. 90201

PROPOSED FLOOR PLAN

BUILDING 'C' & 'D'

FACILITY MAIN

CULTIVATION

ENTRANCE
DOOR

RECEIVING

SHIPPING &
(CULTIVATION)

CULTIVATION

FACILITY

EMERGENCY EXIT

ROLL-UP

SERVICE
DOOR
(CULTIVATION)
RETAIL

DELIVERY MAIN

ENTRANCE DOOR
F.E. F.E.

F.E.
1 1
1 1
300 LBS BUTANE TANK(s) SECURED BY
A VENTILATED CAGE w/ PRESSURE

RELIEF DEVICE & OVERFILL
PREVENTION DEVICE (CFC 5303.3.

NFPA 58-5.3.3) [DEFERRED SUBMITTAL]
1

SCALE:

SHEET:

DATE:PROJECT NO:

REVISION No. DATE
PROJECT:

PROJECT DATA

PREPARED BY

GOVERNING

D E V E L O P E D

W H I C H T H E P R O J E C T S I T ' S

AS WELL AS MUNICIPAL CODE ON
AND THE 2016 ENERGY STANDARDS
CPC, 2016 CEC, 2016 CGC, 2016 CRC
WHICH ADOPTS THE 2016 CMC, 2016
THE 2016 CALIFORNIA BUILDING CODE

THESE PLANS SHALL COMPLY WITH
PG. NO.DRAFTER:

CONTENT:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD. UNIT 160
HESPERIA, CA. 92345
WWW.GETMOREDESIGNSOLUTIONS.COM
EMAIL:

[email protected]
PH: (760) 715-3382

THE USE OF THESE DESIGNS , DRAWINGS, SPECIFICATIONS, AND/OR STRUCTURAL CALCULATIONS IS RESTRICTED TO THE ORIGINAL PURPOSE FOR WHICH THEY WERE PREPARED AND FURNISHED TO THE HOLDER. PUBLICATION IS EXPRESSLY LIMITED TO SUCH USE. OWNERSHIP OF THIS DOCUMENT AND ALL INFORMATION OR DESIGNS CONTAINED HEREIN REMAINS WITH |MO+RE| DESIGN SOLUTIONS ASSOCIATES. REUSE OR OTHER PUBLICATION BY ANY METHOD IS PROHIBITED EXCEPT WITH THE WRITTEN PERMISSION OF |MO+RE| DESIGN SOLUTIONS ASSOCIATES.

CONTACT INFORMATION:

PROJECT DESCRIPTION:

PROJECT ADDRESS:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD.

HESPERIA, CA. 92345
PROPERTY INFO:

PH: (760) 669 - 0613
A-7
L-015-2018
08 / 23 / 2018
RIGO A.
1/4" = 1'-0"

BUILDING 'C' EXTERIOR ELEVATIONS
SCALE: 1/4" = 1'-0"

BUILDING 'C' - FRONT ELEVATION
16'-0"
17'-0"
23'-8"
4 12
SCALE: 3/16" = 1'-0"

BUILDING 'C' - REAR ELEVATION
4 12
17'-0"
23'-8"
SCALE: 1/4" = 1'-0"

BUILDING 'C' - RIGHT SIDE ELEVATION
SCALE: 1/4" = 1'-0"

BUILDING 'C' - LEFT SIDE ELEVATION
12'-0"
17'-0"
23'-8"
17'-0"
23'-8"
EXISTING 16'x16' SLIDING DOOR
EXISTING 12'x12' ROLL UP DOOR CULTIVATION FACILITY

EMERGENCY EGRESS ONLY

CULTIVATION FACILITY

ENTRANCE DOOR
LEGAL DESCRIPTION:

LOT: 210,6 TR#:180, TRACT NO 180
S 160 FT. MEASURED ON E LINE

EX OF ST OF LOT 216
APN: 6224-023-019
ADDRESS: 8222 ATLANTIC AVE.

CUDAHY, CA. 90201

SCALE:

SHEET:

DATE:PROJECT NO:

REVISION No. DATE
PROJECT:

PROJECT DATA

PREPARED BY

GOVERNING

D E V E L O P E D

W H I C H T H E P R O J E C T S I T ' S

AS WELL AS MUNICIPAL CODE ON
AND THE 2016 ENERGY STANDARDS
CPC, 2016 CEC, 2016 CGC, 2016 CRC
WHICH ADOPTS THE 2016 CMC, 2016
THE 2016 CALIFORNIA BUILDING CODE

THESE PLANS SHALL COMPLY WITH
PG. NO.DRAFTER:

CONTENT:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD. UNIT 160
HESPERIA, CA. 92345
WWW.GETMOREDESIGNSOLUTIONS.COM
EMAIL:

[email protected]
PH: (760) 715-3382

THE USE OF THESE DESIGNS , DRAWINGS, SPECIFICATIONS, AND/OR STRUCTURAL CALCULATIONS IS RESTRICTED TO THE ORIGINAL PURPOSE FOR WHICH THEY WERE PREPARED AND FURNISHED TO THE HOLDER. PUBLICATION IS EXPRESSLY LIMITED TO SUCH USE. OWNERSHIP OF THIS DOCUMENT AND ALL INFORMATION OR DESIGNS CONTAINED HEREIN REMAINS WITH |MO+RE| DESIGN SOLUTIONS ASSOCIATES. REUSE OR OTHER PUBLICATION BY ANY METHOD IS PROHIBITED EXCEPT WITH THE WRITTEN PERMISSION OF |MO+RE| DESIGN SOLUTIONS ASSOCIATES.

CONTACT INFORMATION:

PROJECT DESCRIPTION:

PROJECT ADDRESS:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD.

HESPERIA, CA. 92345
PROPERTY INFO:

PH: (760) 669 - 0613
A-8
L-015-2018
08 / 23 / 2018
RIGO A.
3/8" = 1'-0"

BUILDING 'D' EXTERIOR ELEVATIONS
SCALE: 3/8" = 1'-0"

BUILDING 'D' - FRONT ELEVATION
SCALE: 3/8" = 1'-0"

BUILDING 'D' - REAR ELEVATION
SCALE: 3/8" = 1'-0"

BUILDING 'D' - LEFT SIDE ELEVATION
SCALE: 3/8" = 1'-0"

BUILDING 'D' - RIGHT SIDE ELEVATION
8'-0"
13'-31
2"
6'-10"
1'-6"
8'-0"
13'-31
2"
6'-10"
1'-6"

ENTRANCE DOOR

RETAIL DELIVERY
LEGAL DESCRIPTION:

LOT: 210,6 TR#:180, TRACT NO 180
S 160 FT. MEASURED ON E LINE

EX OF ST OF LOT 216
APN: 6224-023-019
ADDRESS: 8222 ATLANTIC AVE.

CUDAHY, CA. 90201

ARCHITECTURAL APPLICATIONS VOC LIMIT

SUBSTRATE SPECIFIC APPLICATIONSSPECIALTY APPLICATIONS
OTHER ADHESIVE NOT SPECIFICALLY LISTED 50SINGLE-PLY ROOF MEMBRANE ADHESIVES 250STRUCTURAL GLAZING ADHESIVES 100MULTIPURPOSE CONSTRUCTION ADHESIVES 70COVE BASED ADHESIVES 50DRYWALL AND PANEL ADHESIVES 50VCT AND ASPHALT TILE ADHESIVES 50CERAMIC TILE ADHESIVES 65SUBFLOOR ADHESIVES 50RUBER FLOOR ADHESIVES 60WOOD FLOORING ADHESIVE 100CARPET PAD ADHESIVES 50INDOOR CARPET ADHESIVES 50OUTDOOR CARPET ADHESIVES 150PVC WELDING 510CPVC WELDING 490ABS WELDING 325PLASTIC CEMENT WELDING 250ADHESIVE PRIMER FOR PLASTIC 550CONTACT ADHESIVE 80SPECIAL PURPOSE CONTACT ADHESIVE 250STRUCTURAL WOOD MEMBER ADHESIVE 140TOP AND TRIM ADHESIVE 250METAL TO METAL 30PLASTIC FORMS 50POROUS MATERIAL (EXCEPT WOOD) 50WOOD 30FIBERGLASS 80FLOOR COATINGS 100 COATING CATEGORY CUR. LIMIT
FIRE RESISTIVE COATINGS 350FAUX FINISHING COATINGS 350DRY FOG COATINGS 150DRIVEWAY SEALERS 50CONCRETE/MASONRY SEALERS 100CONCRETE CURING COMPOUNDS 350 BOND BREAKERS 350BITUMINOUS ROOF PRIMERS 350BITUMINOUS ROOF COATINGS 50BASEMENT SPECIALTY COATINGS 400ALUMINUM ROOF COATINGS 400NONFLAT COATINGS 100FLAT COATINGS 50NONFLAT HIGH GLOSS COATINGS 150FORM-RELEASE COMPOUNDS 250GRAPHIC ARTS COATINGS (SIGN PAINTS) 500HIGH-TEMPERATURE COATINGS 420INDUSTRIAL MAINTENANCE COATINGS 250LOW SOLIDS COATINGS 120MAGNESITE CEMENT COATINGS 450SWIMMING POOL COATINGS 340 STONE CONSOLIDANTS 450STAINS 250SPECIALTY PRIMERS, SEALERS & UNDERCOATERS 100SHELLACS OPAQUE 550 SHELLACS CLEAR 730
RUST PREVENTATIVE COAINGS 250ROOF COATINGS 50RECYCLED COATINGS 250REACTIVE PENETRATING SEALERS 350 PRIMERS, SEALERS AND UNDERCOATERS 100PRETREATMENT WASH PRIMERS 420METALLIC PIGMENTED COATINGS 500MASTIC TEXTURE COATINGS 100MULTICOLOR COATINGS 250TRAFFIC MARKING COATINGS 100TUB AND TILE REFINISH COATINGS 420WATERPROOFING MEMBRANES 250WOOD COATINGS 275WOOD PRESERVATIVES 350ZINC-RICH PRIMERS 340 INFORMATION IS AVAILABLE FROM THE AIR RESOURCESBOARD.

SUGGESTED CONTROL MEASURE, FEBRUARY 1, 2008. MORE

THE CALIORNIA AIR RESOURCES BOARD, ARCHITECTURAL COATINGS

3. VALUES IN THIS TABLE ARE DERIVED FROM THOSE SPECIVIED BY ARE LISTED IN SUBSEQUENT COLUMNS IN THE TABLE.

2. THE SPECIFIED LIMITS REMAIN IN EFFECT UNLESS REVISED LIMITS INCLUDING EXEMPT COMPOUNDS.

1. GRAMS OF VOC PER LITER OF COATING, INCLUDING WATER AND

V O C C O N T E N T L I M I T S
HTTP://WWW.ARB.CA.GOV/DRDB/SC/CURHTML/R1168.PDF.

COAST AIR QUALITY MANAGEMENT DISTRICT RULE 1168,

MEASURE THE VOC CONTENT SPECIFIED IN THIS TABLE, SEE SOUTH

2. FOR ADDITIONAL INFORMATION REGARDING METHODS TO
BE ALLOWED.

TOGETHER THE ADHESIVE WITH THE HIGHEST VOC CONTENT SHALL

1. IF AN ADHESIVE IS USED TO BOND DISSIMILAR SUBSTRATES

A D H E S I V E V O C L I M I T S
NOT CONTAIN HALONS.

INSTALL H.V.A.C., REFRIGERATION AND FIRE SUPPERSSION EQUIPMENT THAT DO

5.508.1.2 HALONS.

NOT CONTAIN CFCs.

INSTALL H.V.A.C., REFRIGERATION AND FIRE SUPPRESSION EQUIPMENT THAT DO

5.508.1.1 CHLOROFLUOROCARBONS (CFCS).SHALL COMPLY WITH SECTIONS 5.508.1.1 AND 5.508.1.2 INSTALLATIONS OF H.V.A.C., REFRIGERATION AND FIRE SUPPRESSION EQUIPMENT

5.508.1 OZONE DEPLETION AND GREENHOUSE GAS REDUCTIONS.

OUTDOOR AIR QUALITYSECTION 5.508

SEALANTS VOC LIMITSEALANT PRIMERS
OTHER 420SINGLE-PLY ROOF MEMBRANE 450ROADWAY 250MARINE DECK 760ARCHITECTURAL 250NONMEMBRANE ROOF 300ARCHITECTURAL NONPOROUS 250ARCHITECTURAL POROUS 775MODIFIED BITUMINOUS 500MARINE DECK 760OTHER 750

PRODUCT

S E A L A N T V O C L I M I T
LIMIT
THIN MEDIUM DENSITY FIBERBOARD 0.13MEDIUM DENSITY FIBERBOARD 0.11HARDWOOD PLYWOOD COMPOSITE CORE 0.05HARDWOOD PLYWOOD VENEER CORE 0.05PARTICLE BOARD 0.09

F O R M A L D E H Y D E L I M I T S
TO SUCH OPENINGS.2. USE NONABSORBENT FLOOR AND ALL FINISHES WITHIN AT LEAST TWO FEET AROUND AND PERPENDICULAR

1. USE FEATURES SUCH AS OVERHANGS AND RECESSES, AND FLASHING INTEGRATED WITH A DRAINAGE PLANE.

NOTES:

WATER INTRUSION INTO BUILDINGS.

DESIGN EXTERIOR ENTRIES AND/OR OPENINGS SUBJECT TO FOOT TRAFFIC OR WIND-DRIVEN RAIN TO PREVENT

5.407.2.2 ENTRIES AND OPENINGS.

DESIGNS AND MAINTAIN LANDSCAPE IRRIGATION SYSTEMS TO PREVENT SPRAY ON STRUCTURES.

5.407.2.1 SPRINKLERS.

EMPLOY MOISTURE CONTROL MEASURES BY THE FOLLOWING METHODS.

5.407.2 MOISTURE CONTROL.

MATERIALS, AND BUILDING COMMISSIONING OR TESTING AND ADJUSTING.

WASTE DIVERSION, EMPLOYMENT OF TECHNIQUES TO REDUCE POLLUTION THROUGH RECYCLING OF

RESOURCE EFFICIENCY THROUGH PROTECTION OF BUILDINGS FROM EXTERIOR MOISTURE, CONSTRUCTION

THE PROVISION OF THIS CHAPTER SHALL OUTLINE MEANS OF ACHIEVING MATERIAL CONSERVATION AND

5.401.1 SCOPE.

GENERALSECTION 5.401
MEET THE STANDARDS REFERENCED IN TABLE 5.503.6.

PLUMBING FIXTURES (WATER CLOSETS AND URINALS) AND FITTINGS (FAUCETS AND SHOWERHEADS) SHALL

5.303.6 PLUMBING FIXTURES AND FITTINGS.CODE OR OTHER METHODS DESCRIBED IN SECTION A5.304.

WASTEWATER (RECYCLED WATER) COMPLYING WITH THE CURRENT EDITION OF THE CALIFORNIA PLUMBING

2. UTILIZING NONPOTABLE WATER SYSTEMS, CAPTURED RAINWATER, GRAYWATER, AND MUNICIPALLY TREATED CRITERIA ESTABLISHED IN SECTIONS 5.303.2 OR 5.303.3 OR

1. DSA-SS THE INSTALLATION OF WATER-CONSERVING FIXTURES (WATER CLOSETS, URINALS) MEETING THE EACH BUILDING SHALL REDUCE BY 20 PERCENT WASTEWATER BY ONE OF THE FOLLOWING METHODS:

5.303.4 WASTEWATER REDUCTIONSPECIFIED IN SECTION 5.303.2 ITEM 2 IS 2.5 G.P.M. @80PSI.

EXCEPTION: THE MAXIMUM FLOW RATE FOR SHOWER HEADS WHEN USING THE CALCULATION METHOD SHOWERHEAD TO BE IN OPERATION AT A TIME.

REDUCTION COLUMN CONTAINED IN TABLE 5.303.2.3 OR THE SHOWER SHALL BE DESIGNED TO ONLY ALLOW ONE OF ALL THE SHOWERHEADS SHALL NOT EXCEED THE MAXIMUM FLOW RATES SPECIFIED IN THE 20 PERCENT

WHEN SINGLE SHOWER FIXTURES ARE SERVED BY MORE THAN ONE SHOWERHEAD, THE COMBINED FLOW RATE

5.303.21 MULTIPLE SHOWER HEAD SERVING ONE SHOWER.

ESTABLISHED IN TABLE 5.303.2.2 SHALL BE PROVIDED.

2. A CALCULATION DEMONSTRATING A 20 PERCENT REDUCTION IN THE BUILDING "WATER USE BASELINE" ASTABLE 5.303.2.3 OR

1. EACH PLUMBING FIXTURE AND FITTING SHALL MEET THE 20 PERCENT REDUCED FLOW RATE SPECIFIED IN DEMONSTRATED BY ONE OF THE FOLLOWING METHODS:

CALIFORNIA BUILDING STANDARDS CODE. THE 20 PERCENT REDUCTION IN POTABLE WATER USE SHALL BEON THE MAXIMUM ALLOWABLE WATER USE PER PLUMBING FIXTURE AND FITTINGS AS REQUIRED BY THE POTABLE WATER WITHIN THE BUILDING BY 20 PERCENT SHALL BE PROVIDED. THE REDUCTION SHALL BE BASED

A SCHEDULE OF PLUMBING FIXTURES AND FIXTURE FITTINGS THAT WILL REDUCE THE OVERALL USE OF

5.303.2 TWENTY PERCENT SAVINGS.
1,000 GAL/DAY.

ANY BUILDING WITHIN A PROJECT OR SPACE WITHIN A BUILDING THAT IS PROJECT TO CONSUME MORE THAN

5.303.1.2 EXCESS CONSUMPTION.GAL/DAY.OFFICE, LABORATORY, OR BEAUTY SALON OR BARBER SHOP PROJECTED TO CONSUME MORE THAN 100

2. FOR SPACES USED FOR LAUNDRY OR CLEANERS, RESTAURANT OR FOOD SERVICE, MEDICAL OR DENTAL CONSUME MORE THAN 100 GAL/DAY.

1. FOR EACH INDIVIDUAL LEASED, RENTED OR OTHER TENANT SPACE WITHIN THE BUILDING PROJECTED TO SEPARATE SUBMETERS SHALL BE INSTALLED AS FOLLOWS:5.303.1.1 BUILDINGS IN EXCESS OF 50,000 SQUARE FEET.503.1.1 AND 503.1.2SEPARATE METERS OR METERING DEVICES SHALL BE INSTALLED FOR THE USES DESCRIBED IN SECTIONS5.303.1 METERS.

INDOOR WATER USE
SECTION 5.303
OUTDOORS AND WASTEWATER CONVEYANCE.

THE PROVISIONS OF THIS CHAPTER SHALL ESTABLISH THE MEANS OF CONSERVING WATER USED INDOORS,

5.301.1 SCOPE:

GENERALSECTION 5.301
SURFACE WATER FLOWS.CONSTRUCTION PLANS SHALL INDICATE HOW SITE GRADING OR A DRAINAGE SYSTEM WILL MANAGE ALL THE SITE SHALL BE PLANNED AND DEVELOPED TO KEEP SURFACE WATER FROM ENTERING BUILDINGS.

5.106.10 GRADING AND PAVING2. EMERGENCY LIGHTING AND LIGHTING REQUIRED FOR NIGHTTIME SECURITY.

WALKWAYS.

1. PART 2, CHAPTER 12, SECTION 1205.6 FOR CAMPUS LIGHTING REQUIREMENTS FOR PARKING FACILITIES AND EXCEPTIONS:DURING INACTIVE PERIODS.

4. AUTOMATICALLY CONTROL EXTERIOR LIGHTING DUSK TO DAWN TO TURN OFF OR LOWER LIGHT LEVELS BOUNDARY.

3. ALLOW NO MORE THAN .01 HORIZONTAL LUMEN FOOTCANDLES TO ESCAPE 15 FEET BEYOND THE SITE2. CONTAIN INTERIOR LIGHTING WITHIN EACH SOURCE.

CALIFORNIA ENERGY CODE.

1. SHIELD ALL EXTERIOR LUMINARIES OR PROVIDE CUTOFF LUMINARIES PER SECTION 132 (B) OF THE STRATEGIES:

AS DEFINED IN CHAPTER 10 OF THE CALIFORNIA ADMINISTRATIVE CODE, C.C.R., PART 1, USING THE FOLLOWING BUILDING SITE. MEET OR EXCEED EXTERIOR LIGHT LEVELS AND UNIFORMITY RATIOS FOR LIGHTING ZONES 1-4DESIGN INTERIOR AND EXTERIOR LIGHTING SUCH THAT ZERO DIRECT-BEAM ILLUMINATION LEAVES THE COMPLY WITH LIGHTING POWER REQUIREMENTS IN THE CALIFORNIA ENERGY CODE, C.C.R., PART 6, AND

5.106.8 LIGHT POLLUTION REDUCTION.

VEHICLE

CLEAN AIR
VEHICLE:

OF THE LAST WORD ALIGNS WITH THE END OF THE STALL STRIPING AND IS VISIBLE BENEATH A PARKED

PAINT, IN THE PAINT USED FOR STALL STRIPING, THE FOLLOWING CHARACTERS SUCH THAT THE LOWER EDGE

5.106.5.2.1 PARKING STALL MARKING.

POOL VEHICLES AS FOLLOWS SHOWN IN TABLE 5.106.5.3.2PROVIDE DESIGNATED PARKING FOR ANY COMBINATION OF LOW-EMITTING, FUEL-EFFICIENT AND CARPOOL/VAN

5.106.5.2 DESIGNATED PARKING
SACRAMENTO AREA BICYCLE ADVOCATES.

NOTE: ADDITIONAL INFORMATION ON RECOMMENDED BICYCLE ACCOMMODATIONS MAY BE OBTAINED FROM

3. LOCKABLE, PERMANENTLY ANCHORED BICYCLE LOCKERS.

2. LOCKABLE BICYCLE ROOMS WITH PERMANENTLY ANCHORED RACKS, AND

1. COVERED, LOCKABLE ENCLOSURES WITH PERMANENTLY ANCHORED RACKS FOR BICYCLES, SHALL BE CONVENIENT FROM THE STREET AND MAY INCLUDE:

MOTORIZED VEHICLE PARKING CAPACITY, WITH A MINIMUM OF ONE SPACE. ACCEPTABLE PARKING FACILITIESFOR BUILDINGS WITH OVER 10 TENANT-OCCUPANTS, PROVIDE SECURE BICYCLE PARKING FOR 5 PERCENT OF

5.1064.2 LONG TERM BICYCLE PARKING
VISITOR MOTORIZED VEHICLE PARKING CAPACITY, WITH A MINIMUM OF ONE TWO-BIKE CAPACITY RACK.

RACKS WITHIN 100 FEET OF THE VISITORS' ENTRANCE, READILY VISIBLE TO PASSERS-BY, FOR 5 PERCENT OF

IF THE PROJECT IS ANTICIPATED TO GENERATE VISITOR TRAFFIC, PROVIDE PERMANENTLY ANCHORED BICYCLE

5.106.4.1 SHORT-TERM BICYCLE PARKING.CALIFORNIA POLICY ON SUSTAINABLE PRACTICES, WHICHEVER IS STRICTER.COMPLY WITH SECTIONS 5.106.4.1 AND 5.106.4.2, OR MEET LOCAL ORDINANCE OR THE UNIVERSITY OF5.106.4 BICYCLE PARKING AND CHANGING ROOMS.CONTROL BOARD, AND AT THE LOCAL PUBLIC WORKS DEPARTMENTS.CONTROL BOARD (S.W.R.C.B.) AT, HTTP://WWW.SWRCB.CA.GOV/STROMWTR/, FROM A REGIONAL WATER QUALITY NOTE: ASSISTANCE WITH THE PERMIT MAY BE OBTAINED FROM THE CALIFORNIA STATE WATER RESOURCES AIR POLLUTION.

STORM WATER RUN-OFF AND/OR WIND EROSION, OF SEDIMENTATION, AND/OR OF DUST/PARTICULATE MATTER REQUIRED FOR PROJECTS ONE ACRE OR MORE. THE PLAN SHOULD COVER PREVENTION OF SOIL LOSS BY STORM WATER N.P.D.E.S CONSTRUCTION PERMIT OR LOCAL ORDINANCE, WHICHEVER IS STRICTER, AS IS PREVENTION PLAN (S.W.P.P.P.) THAT HAS BEEN DESIGNED, SPECIFIC TO ITS SITE, CONFORMING TO THE STATEFOR NEWLY CONSTRUCTED PROJECTS OF LESS THAN ONE ACRE, DEVELOP A STORM WATER POLLUTION

5.106.2 STORM WATER POLLUTION PREVENTION PLAN.COMPLY WITH THIS SECTION.

PRESERVATION OF SLOPES, MANAGEMENT OF STORM WATER DRAINAGE AND EROSION CONTROLS SHALLEVALUATION AND CAREFUL PLANNING TO MINIMIZE NEGATIVE EFFECTS ON THE SITE AND ADJACENT AREAS.PRESERVATION AND USE OF AVAILABLE NATURAL RESOURCES SHALL BE ACCOMPLISHED THROUGH

5.106.1 GENERAL.

SITE DEVELOPMENTSECTION 5.106
OF ADJACENT PROPERTIES.

PROTECT, RESTORE AND ENHANCE THE ENVIRONMENTAL QUALITY OF THE SITE AND RESPECT THE INTEGRITYENVIRONMENTALLY RESPONSIBLE SITE SELECTION, BUILDING DESIGN, BUILDING SITING AND DEVELOPMENT TO

THE PROVISIONS OF THIS DIVISION OUTLINE PLANNING, DESIGN AND DEVELOPMENT METHODS THAT INCLUDE

5.101 SCOPE

GENERAL
SECTION 5.101

2. 1. PRODUCT CERTIFICATION AND SPECIFICATIONS
LEAST ONE OF THE FOLLOWING:REQUESTED BY THE ENFORCING AGENCY. DOCUMENTATION SHALL INCLUDE AT

VERIFICATION OF COMPLIANCE WITH THIS SECTION SHALL BE PROVIDED AS

5.504.4.5.2 DOCUMENTATION.

TABLE 5.504.4.5
SEQ.), BY OR BEFORE THE DATES SPECIFIED IN THOSE SECTIONS, AS SHOWN IN A.R.B.'S AIR TOXICS CONTROL MEASURE FOR COMPOSITE WOOD (17 C.C.R. 93120 ET

BUILDING SHALL MEET THE REQUIREMENTS FOR FORMALDEHYDE AS SPECIFIED IN

COMPOSITE WOOD PRODUCTS USED ON THE INTERIOR OR EXTERIOR OF THE

HARDWOOD PLYWOOD, PARTICLEBOARD AND MEDIUM DENSITY FIBERBOARD

5.504.4.5 COMPOSITE WOOD PRODUCTS.

ALL CARPET ADHESIVE SHALL MEET THE REQUIREMENTS OF TABLE 5.504.4.5

5.504.4.4.2 CARPET ADHESIVE.

CHAIN OF CUSTODY CERTIFICATIONS

3. OTHER METHODS ACCEPTABLE TO THE ENFORCING AGENCY
OCCUPANTS OF THE PROHIBITIONS.

REGULATION OR POLICIES ARE NOT IN PLACE, POST SIGNAGE TO INFORM BUILDING OF CALIFORNIA WHICHEVER ARE MORE STRINGENT. WHEN ORDINANCES,CAMPUS OF THE CALIFORNIA STATE UNIVERSITY, OR CAMPUS OF THE UNIVERSITYOF ANY CITY, COUNTY, CITY AND COUNTY, CALIFORNIA COMMUNITY COLLEGE, AND IN BUILDINGS. OR AS ENFORCED BY ORDINANCES, REGULATIONS OR POLICIES 25 FEET OF BUILDING ENTRIES, OUTDOOR AIR INTAKES AND OPERABLE WINDOWS

WHERE OUTDOOR AREAS ARE PROVIDED FOR SMOKING, PROHIBIT SMOKING WITHIN

5.504.7 ENVIRONMENTAL TOBACCO SMOKE (E.T.S.) CONTROL.

REPORTING VALUE (M.E.R.V.) OF 8PRIOR TO OCCUPANCY THAT PROVIDES AT LEAST A MINIMUM EFFICIENCY

OF THE BUILDING WITH AIR FILTRATION MEDIA FOR OUTSIDE AND RETURN AIR

IN MECHANICALLY VENTILATED BUILDINGS, PROVIDE REGULARLY OCCUPIED ARES

5.504.5.3 FILTERS.

MATERIALS MEET THE POLLUTANT EMISSION LIMITS.DOCUMENTATION SHALL BE PROVIDED VERIFYING THAT RESILIENT FLOORING

5.504.4.6.1 VERIFICATION OF COMPLIANCE.

MATERIALS ARE CERTIFIED TO MEET THE POLLUTANT EMISSION LIMITS.DSA-SS DOCUMENTATION SHALL BE PROVIDED THAT VERIFIES THAT FINISHFLOORSCORE PROGRAM.

CERTIFIED UNDER THE RESILIENT FLOOR COVERINGS INSTITUTE (RFCI)

LISTED ON IT'S LOW-EMITTING MATERIALS LIST (OR PRODUCT REGISTRY) OR COLLABORATIVE FOR HIGH PERFORMANCE SCHOOLS (C.H.P.S.) CRITERIA AND RESILIENT FLOORING COMPLYING WITH VOC-EMISSION LIMITS DEFINED IN THE 2009FOR 50 PERCENT OF FLOOR AREA RECEIVING RESILIENT FLOORING, INSTALL

5.504.4.6 RESILIENT FLOORING SYSTEMS.

BUILDING'S INSTALLERS, OCCUPANTS AND NEIGHBORS.

CONTAMINANTS THAT ARE ODOROUS, IRRITATING AND/OR HARMFUL TO THE COMFORT AND WELL-BEING OF A

THE PROVISIONS OF THIS CHAPTER SHALL OUTLINE MEANS OF REDUCING THE QUANTITY OF AIR

5.501.1 SCOPE

GENERAL
SECTION 5.501
COMMISSIONING REQUIREMENTS LISTED IN SECTIONS 5.410.2.4 THROUGH 5.140.2.6 SHALL BE INCLUDED.5. COMMISSIONING PROCESS ACTIVITIES, SCHEDULES AND RESPONSIBILITIES. PLANS FOR THE COMPLETION OF

4. COMMISSIONING TEAM INFORMATION
E. MEASURABLE CRITERIA FOR ACCEPTABLE PERFORMANCED. CONDITIONS UNDER WHICH THE TEST SHALL BE PERFORMED C. FUNCTIONS TO BE TESTED
B. EQUIPMENT AND SYSTEMS TO BE TESTED, INCLUDING THE EXTENT OF TESTS A. AN EXPLANATION OF THE ORIGINAL DESIGN INTENT

3. SYSTEMS TO BE COMMISSIONED. PLANS TO TEST SYSTEMS AND COMPONENTS SHALL INCLUDE:

2. COMMISSIONING GOALS

1. GENERAL PROJECT INFORMATION
COMMISSIONING PLAN SHALL INCLUDE THE FOLLOWING:

WILL BE COMMISSIONED AND SHALL BE STARTED DURING THE DESIGN PHASE OF THE BUILDING PROJECT. THE

PRIOR TO PERMIT ISSUANCE A COMMISSIONING PLAN SHALL BE COMPLETED TO DOCUMENT HOW THE PROJECT

5.410.2.3 COMMISSIONING PLAN.6. WATER REUSE SYSTEMS5. LANDSCAPE IRRIGATION SYSTEMS

4. RENEWABLE ENERGY SYSTEMS

3. WATER HEATING SYSTEM

2. INDOOR LIGHTING SYSTEM AND CONTROLS

1. HEATING, VENTILATION, AIR CONDITIONING (H.V.A.C.) SYSTEMS AND CONTROLS SYSTEMS:

DESIGN AND CONSTRUCTION PHASES. THE BASIS OF DESIGN DOCUMENT SHALL COVER THE FOLLOWING

COMPLETED AT THE DESIGN PHASE OF THE BUILDING PROJECT, AND UPDATED AS NECESSARY DURING THE A WRITTEN EXPLANATION OF HOW THE DESIGN OF THE BUILDING SYSTEMS MEETS THE O.P.R. SHALL BE

5.410.2.2 BASIS OF DESIGN (B.O.D.).6. BUILDING OCCUPANT AND OPERATION AND MAINTENANCE (O&M) PERSONNEL EXPECTATIONS5. EQUIPMENT AND SYSTEMS EXPECTATIONS

HOURS OPERATION

4. PROJECT PROGRAM, INCLUDING FACILITY FUNCTIONS AND HOURS OF OPERATION, AND NEED FOR AFTER

3. INDOOR ENVIRONMENTAL QUALITY REQUIREMENTS

2. ENERGY EFFICIENCY GOALS

1. ENVIRONMENTAL AND SUSTAINABILITY GOALS
FOLLOWING:DOCUMENTED BEFORE THE DESIGN PHASE OF THE PROJECT BEGINS. THIS DOCUMENT SHALL INCLUDE THE

THE EXPECTATIONS AND REQUIREMENTS OF THE BUILDING APPROPRIATE TO ITS PHASE SHALL BE

5.410.2.1 OWNER'S OR OWNER REPRESENTATIVE'S PROJECT REQUIREMENTS (O.P.R.).

5. 410.2.4 FUNCTIONAL PERFORMANCE TESTING

6. WATER REUSE SYSTEMS5. LANDSCAPE IRRIGATION SYSTEMS

4. RENEWABLE ENERGY SYSTEMS

3. WATER HEATING SYSTEMS

2. INDOOR AND OUTDOOR LIGHTING AND CONTROLS

1. H.A.V.C. SYSTEMS AND CONTROLS
INCLUDED FOR TESTING AND ADJUSTING SHALL INCLUDE AT A MINIMUM, AS APPLICABLE TO THE PROJECT:DEVELOP A WRITTEN PLAN OF PROCEDURES FOR TESTING AND ADJUSTING SYSTEMS. SYSTEMS TO BE

5.410.4.2 SYSTEMS.

TESTING AND ADJUSTING OF SYSTEMS SHALL BE REQUIRED FOR BUILDINGS LESS THAN 10,000 SQUARE FEET.

5.410.4 TESTING AND ADJUSTING.

PROJECT SHALL BE COMPLETED AND PROVIDED TO THE OWNER OR REPRESENTATIVE.

CONSTRUCTION AND REPORTING RECOMMENDATIONS FOR POSTCONSTRUCTION PHASES OF THE BUILDING

A COMPLETE REPORT OF COMMISSIONING PROCESS ACTIVITIES UNDERTAKEN THROUGH THE DESIGN,

5.410.2.6 COMMISSIONING REPORT.

4. REVIEW OF THE RECORD DRAWINGS ON THE SYSTEM/EQUIPMENT

3. REVIEW OF THE INFORMATION IN THE SYSTEMS MANUAL

2. REVIEW AND DEMONSTRATION OF SERVICING/PREVENTIVE MAINTENANCE

EQUIPMENT IT INTERFACES)

1. SYSTEM/EQUIPMENT OVERVIEW (WHAT IT IS, WHAT IT DOES AND WITH WHAT OTHER SYSTEMS AND/OR BE DOCUMENTED IN THIS COMMISSIONING REPORT AND SHALL INCLUDE THE FOLLOWING:

THE TRAINING OF THE APPROPRIATE MAINTENANCE STAFF FOR EACH EQUIPMENT TYPE AND/OR SYSTEM SHALL

5.410.2.5.2 SYSTEMS OPERATIONS TRAINING.7. OTHER RESOURCES AND DOCUMENTATION6. A COPY OF ALL SPECIAL INSPECTION VERIFICATIONS REQUIRED BY THE ENFORCING AGENCY OR THIS CODE5. SITE EQUIPMENT INVENTORY AND MAINTENANCE NOTES

4. MAJOR SYSTEMS

TROUBLESHOOTING, RECOMMENDED MAINTENANCE REQUIREMENTS, SITE EVENTS LOG

3. BASIC OPERATIONS AND MAINTENANCE, INCLUDING GENERAL SITE OPERATING PROCEDURES, BASIC

2. SITE CONTACT INFORMATION

1. SITE INFORMATION, INCLUDING FACILITY DESCRIPTION, HISTORY, AND CURRENT REQUIREMENTS THE SYSTEMS MANUAL SHALL INCLUDE THE FOLLOWING:

SYSTEMS MANUAL AND DELIVERED TO THE BUILDING OWNER OR REPRESENTATIVE AND FACILITIES OPERATOR.

DOCUMENTATION OF THE OPERATIONAL ASPECTS OF THE BUILDING SHALL BE COMPLETED WITHIN THE

5.410.2.5.1 SYSTEMS MANUAL.5142, AND OTHER RELATED REGULATIONS.

AND HEALTH ACT (O.S.H.A.) REQUIREMENTS IN CALIFORNIA CODE OF REGULATIONS (C.C.R.), TITLE 8, SECTIONA SYSTEMS MANUAL AND SYSTEMS OPERATIONS TRAINING ARE REQUIRED, INCLUDING OCCUPATIONAL SAFETY

5.410.2.5 DOCUMENTATION AND TRAINING.

ANY READINGS AND ADJUSTMENTS MADE.ADDRESSING EACH OF THE BUILDING COMPONENTS TESTED, THE TESTING METHODS UTILIZED, AND INCLUDE PLANS AND SPECIFICATIONS. FUNCTIONAL PERFORMANCE TESTING REPORTS SHALL CONTAIN INFORMATIONEACH COMPONENT, SYSTEM AND SYSTEM-TO-SYSTEM INTERFACE IN ACCORDANCE WITH THE APPROVEDFUNCTIONAL PERFORMANCE TESTS SHALL DEMONSTRATE THE CORRECT INSTALLATION AND OPERATION OF INCLUDE A COPY OF ALL INSPECTION VERIFICATIONS AND REPORTS REQUIRED BY THE ENFORCING AGENCY.

5.410.4.5.1 INSPECTION AND REPORTS.

REGULATIONS.

CONSISTENT WITH O.S.H.A. REQUIREMENTS IN C.C.R., TITLE 8, SECTION 5142, AND OTHER RELATED INSTRUCTIONS AND COPIES OF GUARANTIES/WARRANTIES FOR EACH SYSTEM. O & M INSTRUCTIONS SHALL BEPROVIDE THE BUILDING OWNER OR REPRESENTATIVE WITH DETAILED OPERATING AND MAINTENANCE

5.410.4.5 OPERATION AND MAINTENANCE (O&M) MANUAL.

BY THE INDIVIDUAL RESPONSIBLE FOR PERFORMING THESE SERVICES.

AFTER COMPLETION OF TESTING, ADJUSTING AND BALANCING, PROVIDE A FINAL REPORT OF TESTING SIGNED

5.410.4.4 REPORTING.COUNCIL NATIONAL STANDARDS OR AS APPROVED BY THE BUILDING OFFICIAL.

NATIONAL ENVIRONMENTAL BALANCING BUREAU PROCEDURAL STANDARDS. OR ASSOCIATED AIR BALANCEPROCEDURES DEFINED BY THE TESTING ADJUSTING AND BALANCING BUREAU NATIONAL STANDARDS. THE

OR SPACE IS OPERATED FOR NORMAL USE, THE SYSTEM SHALL BE BALANCED IN ACCORDANCE WITH THE

IN ADDITION TO TESTING AND ADJUSTING, BEFORE A NEW SPACE-CONDITIONING SYSTEM SERVING A BUILDING

5.410.4.3.1 H.V.A.C. BALANCING.

APPLICABLE STANDARDS ON EACH SYSTEM AS DETERMINED BY THE BUILDING OFFICIAL.

PERFORM TESTING AND ADJUSTING PROCEDURES IN ACCORDANCE WITH INDUSTRY BEST PRACTICES AND

5.410.4.3. PROCEDURES.

2. 1. WITHIN 1,000FT (300M) OF RIGHT OF WAYS FREEWAYS.

HAVE A MINIMUM S.T.C. OF 30 FOR ANY OF THE FOLLOWING BUILDINGS LOCATIONS:

WALL AND ROOF-CEILING ASSEMBLIES MAKING UP THE BUILDING ENVELOPE SHALL

5.507.4.1 EXTERIOR NOISE TRANSMISSION.

AND A.S.T.M. E 413.

COEFFICIENT (S.T.C.) VALUES DETERMINED IN ACCORDANCE WITH A.S.T.M. E 900

EMPLOY BUILDING ASSEMBLIES AND COMPONENTS WITH SOUND TRANSMISSION

5.507.4 ACOUSTICAL CONTROL.

ENVIRONMENTAL COMFORT
SECTION 5.507
CALIFORNIA ENERGY CODE, C.C.R., TITLE 24 PART 6, SECTION 121 (C)

ACCORDANCE WITH THE REQUIREMENTS OF THE CURRENT EDITION OF THEAND VENTILATION CONTROLS SHALL BE SPECIFIED AND INSTALLED IN FOR BUILDINGS EQUIPPED WITH DEMAND CONTROL VENTILATION, CO2 SENSORS

5.506.2 CARBON DIOXIDE (CO2) MONITORING.
4 OF C.C.R., TITLE 8.

THE APPLICABLE LOCAL CODE, WHICHEVER IS MORE STRINGENT, AND CHAPTER VENTILATION) OF THE CALIFORNIA ENERGY CODE, C.C.R., TITLE 24, PART 6 OR THE MINIMUM REQUIREMENT OF SECTION 121 (REQUIREMENTS FOR

FOR MECHANICALLY OR NATURALLY VENTILATED SPACES IN BUILDINGS, MEET

5.506.1 OUTSIDE AIR DELIVERY.

INDOOR AIR QUALITY
SECTION 5.506
WITHIN 5 MI. (8 KM) OF AIRPORTS SERVING MORE THAN 10,000 COMMERCIAL JETS

3. PER YEAR.

WHERE SOUND LEVELS AT THE PROPERTY LINE REGULARLY EXCEED 65 FLOOR/CEILING ASSEMBLIESFOUND IN THE CATALOG OF S.T.C. AND I.C.C. RATINGS FOR WALL AND NOTE: EXAMPLES OF ASSEMBLIES AND THEIR VARIOUS S.T.C RATINGS MAY BE SPACES AND PUBLIC PLACES SHALL HAVE AN S.T.C. OF AT LEAST 40.

WALL AND FLOOR-CEILING ASSEMBLIES SEPARATING TENANT SPACES AND TENANT

5.507.4.2 INTERIOR SOUND.

PARKING STRUCTURES AND UTILITY BUILDINGSENFORCEMENT AUTHORITY, SUCH AS FACTORIES, STADIUMS, STORAGE, ENCLOSED

ARE NOT LIKELY TO BE AFFECTED BY EXTERIOR NOISE, AS DETERMINED BY THE EXCEPTION: BUILDINGS WITH FEW OR NO OCCUPANTS AND WHERE OCCUPANTSHORNS, EMERGENCY VEHICLES AND PUBLIC WARNING SYSTEMS.DECIBELS, OTHER THAN OCCASIONAL SOUND DUE TO CHURCH BELLS, TRAIN MANDATORY MEASURES OF THE 2016 CALIFORNIA GREEN CODE
76-10051-7526-5010-250-9

OF PARKING SPACES

TOTAL NUMBER

B I C Y C L E P A R K I N G

REQUIRED SPACESNUMBER OF
151-200101-150
161186310
WHICHEVER IS MORE STRINGENT.

MANDATORY FEATURES AND DEVICES), MANUFACTURER'S INSTALLATION INSTRUCTIONS OR LOCAL ORDINANCE,BUILDING CODE SECTION 1403.2 (WEATHER PROTECTION) AND CALIFORNIA ENERGY CODE SECTION 150, (PROVIDE A WEATHER-RESISTANT EXTERIOR WALL AND FOUNDATION ENVELOP AS REQUIRED BY CALIFORNIA

5.407.1 WEATHER PROTECTION.

WATER RESISTANCE AND MOISTURE MANAGEMENT
SECTION 5.407
AVAILABLE FROM THE IRRIGATION ASSOCIATION.

NOTE: MORE INFORMATION REGARDING IRRIGATION CONTROLLER FUNCTION AND SPECIFICATIONS ISREQUIRED TO HAVE RAIN SENSOR INPUT.

CONNECTS OR COMMUNICATES WITH THE CONTROLLER(S). SOIL MOISTURE-BASED CONTROLLERS ARE NOT

ACCOUNT FOR LOCAL RAINFALL SHALL HAVE A SEPARATE WIRED OR WIRELESS RAIN SENSOR WHICH

2. WEATHER-BASED CONTROLLERS WITHOUT INTEGRAL RAIN SENSORS OR COMMUNICATION SYSTEMS THAT

ADJUST IRRIGATION IN RESPONSE TO CHANGES IN PLANTS' NEEDS AS WEATHER CONDITIONS CHANGE

1. CONTROLLERS SHALL BE WEATHER- OR SOIL MOISTURE-BASED CONTROLLERS THAT AUTOMATICALLY WITH THE FOLLOWING:AUTOMATIC IRRIGATION SYSTEM CONTROLLERS INSTALLED AT THE TIME OF FINAL INSPECTION SHALL COMPLY

5.304.3.1 IRRIGATION CONTROLLERS.

FOLLOWING CRITERIA, AND MEET MANUFACTURER'S RECOMMENDATIONS. ( THE LEVEL AT WHICH M.L.O. APPLIES), INSTALL IRRIGATION CONTROLLERS AND SENSORS WHICH INCLUDE THE IN NEW NONRESIDENTIAL CONSTRUCTION WITH BETWEEN 1,000 AND 2,500 SQUARE FEET OF LANDSCAPED AREA

5.304.3 IRRIGATION DESIGN.

INDOOR AND OUTDOOR POTABLE WATER USE.

LEVEL AT WHICH WATER CODE 535 APPLIES), SEPARATE METERS OR SUBMETERS SHALL BE INSTALLED FORFOR NEW WATER SERVICE FOR LANDSCAPED AREA BETWEEN 1,000 SQUARE FEET AND 5,000 SQUARE FEET (THE

5.304.2 OUTDOOR POTABLE WALTER USE.

HTTP://WWW.OWUE.WATER.CA.GOV/LANDSCAPE/ORD/ORD.CFM
SECTIONS 492.5 THROUGH 492.8, 492.10 AND 492.11 OF THE ORDINANCE, WHICH MAY BE FOUND AT:

NOTE: PRESCRIPTIVE MEASURES TO ASSIST IN COMPLIANCE WITH THE WATER BUDGET ARE LISTED IN WATER EFFICIENT LANDSCAPE ORDINANCE WHERE NO LOCAL ORDINANCE IS APPLICABLE.

EFFICIENT LANDSCAPE ORDINANCE OR TO THE CALIFORNIA DEPARTMENT OF WATER RESOURCES MODEL

A BUDGET SHALL BE DEVELOPED FOR LANDSCAPE IRRIGATION USE THAT CONFORMS TO THE LOCAL WATER 5304.1 WATER BUDGET.

OUTDOOR WATER USESECTION 5.304
STANDARDS.

REDUCTION IN ENERGY USAGE WHEN COMPARED TO THE STATE'S MANDATORY ENERGY EFFICIENCYENERGY COMMISSION BELIEVES SPECIFICALLY, A GREEN BUILDING SHOULD ACHIEVE AT LEAST A 15 PERCENT

THE AREA OF ENERGY EFFICIENCY FOR THE PURPOSES OF ENERGY EFFICIENCY STANDARDS, THE CALIFORNIA NOTE: IT IS THE INTENT OF THIS CODE TO ENCOURAGE BUILDINGS TO ACHIEVE EXEMPLARY PERFORMANCE IN COMMISSION WILL CONTINUE TO ADOPT MANDATORY BUILDING STANDARDS.

FOR THE PURPOSES OF MANDATORY ENERGY EFFICIENCY STANDARDS IN THIS CODE, THE CALIFORNIA ENERGY

5.201.1 SCOPE.

GENERALSECTION 5.201
COMMISSIONING REQUIREMENTS.

AND CONTROLS, AND RENEWABLE ENERGY SYSTEMS SHALL BE INCLUDED IN THE SCOPE OF THEALL BUILDING SYSTEMS AND COMPONENTS COVERED BY TITLE 24, PART 6, AS WELL AS PROCESS EQUIPMENT

7. COMMISSIONING REPORT6. DOCUMENTATION AND TRAINING5. FUNCTIONAL PERFORMANCE TESTING

4. COMMISSIONING PLAN

3. COMMISSIONING MEASURES SHOWN IN THE CONSTRUCTION DOCUMENTS

2. BASIS OF DESIGN

1. OWNER'S OR OWNER REPRESENTATIVE'S PROJECT REQUIREMENTS INCLUDE:

EXPERIENCE ON PROJECTS OF COMPARABLE SIZE AND COMPLEXITY. COMMISSIONING REQUIREMENTS SHALL

COMMISSIONING SHALL BE PERFORMED IN ACCORDANCE WITH THIS SECTION BY TRAINED PERSONNEL WITH AND COMPONENTS MEET THE OWNER'S OR OWNER REPRESENTATIVE'S PROJECT REQUIREMENTS.

DESIGN AND CONSTRUCTION PROCESS OF THE BUILDING PROJECT TO VERIFY THAT THE BUILDING SYSTEMSFOR NEW BUILDING 10,000 SQUARE FEET AND OVER, BUILDING COMMISSIONING SHALL BE INCLUDED IN THE

5.410.2 COMMISSIONING.

AT THE CALRECYCLE'S WEB SITE.

NOTE: A SAMPLE ORDINANCE FOR USE BY LOCAL AGENCIES MAY BE FOUND IN APPENDIX A OF THE DOCUMENT ACCESS ACT OF 1991 (ACT).

PUBLIC RESOURCES CODE. CHAPTER 18 IS KNOWN AS THE CALIFORNIA SOLID WASTE REUSE AND RECYCLING SPACE ALLOCATION FOR RECYCLING AREAS SHALL COMPLY WITH CHAPTER 18, PART 3, DIVISION 30 OF THE5.410.1.1 SAMPLE ORDINANCE.

MINIMUM) PAPER, CORRUGATED CARDBOARD, GLASS, PLASTICS, AND METALS.DEPOSITING, STORAGE AND COLLECTION OF NON-HAZARDOUS MATERIALS FOR RECYCLING, INCLUDING (AT APROVIDE READILY ACCESSIBLE AREAS THAT SERVE THE ENTIRE BUILDING AND ARE IDENTIFIED FOR THE

5.410.1 RECYCLING BY OCCUPANTS.

BUILDING MAINTENANCE AND OPERATION
SECTION 5.410
STOCKPILED ON SITE UNTIL THE STORAGE SITE IS DEVELOPED.

FROM LAND CLEARING SHALL BE REUSED OR RECYCLED. FOR A PHASED PROJECT, SUCH MATERIAL MAY BE 100 PERCENT OF TREES, STUMPS, ROCKS AND ASSOCIATED VEGETATION AND SOILS RESULTING PRIMARILY

5.408.4 EXCAVATED SOIL AND LAND CLEARING DEBRIS.

RECYCLE FACILITIES CAPABLE OF COMPLIANCE WITH THIS ITEM DO NOT EXIST.

2. ALTERNATE WASTE REDUCTION METHODS DEVELOPED BY WORKING WITH LOCAL AGENCIES IF DIVERSION OR

1. EXCAVATED SOIL AND LAND-CLEARING DEBRIS
EXCEPTIONS:

OR VOLUME, BUT NOT BY BOTH.ORDINANCE, WHICHEVER IS MORE STRINGENT. CALCULATE THE AMOUNT OF MATERIALS DIVERTED BY WEIGHT

AND DEMOLITION DEBRIS, OR MEET A LOCAL CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT RECYCLE AND/OR SALVAGE FOR REUSE A MINIMUM OF 50 PERCENT OF THE NON-HAZARDOUS CONSTRUCTION

5.408.3 CONSTRUCTION WASTE REDUCTION OF AT LEAST 50 PERCENT.

DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE).

2. MIXED CONSTRUCTION AND DEMOLITION DEBRIS (C&D) PROCESSORS CAN BE LOCATED AT THE CALIFORNIA WASTE MANAGEMENT PLAN.

1. SAMPLE FORMS FOUND IN CHAPTER 8 MAY BE USED TO ASSIST IN DOCUMENTING COMPLIANCE WITH THE NOTES:

ARE LOCATED IN AREAS BEYOND THE HAUL BOUNDARIES OF THE DIVERSION FACILITY.

THE ENFORCING AGENCY MAY MAKE EXCEPTIONS TO THE REQUIREMENTS OF THIS SECTION WHEN JOBSITES

5.408.2.2 ISOLATED JOBSITES.

MANAGEMENT PLAN AND MAKE EXCEPTIONS AS DEEMED NECESSARY.

1. THE ENFORCEMENT AGENCY HAVING JURISDICTION SHALL AT ITS DISCRETION, ENFORCE THE WASTE OR RECYCLING FACILITIES WITHIN A FEASIBLE HAUL DISTANCE SHALL MEET THE REQUIREMENTS AS FOLLOWS:

JOBSITES IN AREAS WHERE THERE IS NO MIXED CONSTRUCTION AND DEMOLITION DEBRIS (C&D) PROCESSOR EXCEPTION: DSA-SS
SHALL BE ACCESSIBLE DURING CONSTRUCTION FOR EXAMINATION BY THE ENFORCING AGENCY.SECTIONS 5.408.2, ITEMS 1 THRU 4. THE WASTE MANAGEMENT PLAN SHALL BE UPDATED AS NECESSARY AND

DOCUMENTATION SHALL BE PROVIDED TO THE ENFORCING AGENCY WHICH DEMONSTRATES COMPLIANCE WITH

5.408.2.1 DOCUMENTATION.

NOT BY BOTH.

4. SPECIFIES THAT THE AMOUNT OF MATERIALS DIVERTED SHALL BE CALCULATED BY WEIGHT OR VOLUME, BUT

3. IDENTIFIES DIVERSION FACILITIES WHERE MATERIAL COLLECTED WILL BE TAKEN.

2. DETERMINES IF MATERIALS WILL BE SORTED ON-SITE OR MIXED.THE PROJECT OR SALVAGE FOR FUTURE USE OR SALE.

1. IDENTIFIES THE MATERIALS TO BE DIVERTED FROM DISPOSAL BY EFFICIENT USAGE, RECYCLING, REUSE ON AGENCY THAT:

ORDINANCE, SUBMIT A CONSTRUCTION WASTE MANAGEMENT PLAN FOR APPROVAL BY THE ENFORCEMENT

WHERE A LOCAL JURISDICTION DOES NOT HAVE A CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

5.408.2 CONSTRUCTION WASTE MANAGEMENT PLAN.CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT ORDINANCE, WHICHEVER IS MORE STRINGENT.

ESTABLISH A CONSTRUCTION WASTE MANAGEMENT PLAN FOR THE DIVERTED MATERIALS, OR MEET LOCAL

5.408.1 CONSTRUCTION WASTE DIVERSION.

CONSTRUCTION WASTE REDUCTION, DISPOSAL AND RECYCLING.SECTION 5.408 WOODSTOVES AND PELLET STOVE SHALL COMPLY WITH U.S. EPA PHASE II EMISSION LIMITS.

5.503.1.1 WOODSTOVES
FIREPLACES SHALL COMPLY WITH APPLICABLE LOCAL ORDINANCES.

ENERGY CODE, TITLE 24, PART 6, SUBCHAPTER 7, SECTION 150. WOODSTOVES, PELLET STOVES AND

SEALED WOODSTOVE OR PELLET STOVE, AND REFER TO RESIDENTIAL REQUIREMENTS IN THE CALIFORNIA

INSTALL ONLY A DIRECT-VENT SEALED-COMBUSTION GAS OR SEALED WOOD-BURINGING FIREPLACE, OR A

5.503.1 GENERAL

FIREPLACES
SECTION 5.503

2. 1. MANUFACTURER'S PRODUCT SPECIFICATION.

NOT LIMITED TO, THE FOLLOWING:REQUEST OF THE ENFORCING AGENCY. DOCUMENTATION MAY INCLUDE, BUT IS

VERIFICATION OF COMPLIANCE WITH THIS SECTION SHALL BE PROVIDED AT THE

5.504.4.3.2 VERIFICATION.

THE PERCENT VOC BY WEIGHT OF PRODUCT LIMITS OF REGULATION 8, RULE 49.THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT ADDITIONALLY COMPLY WITH COMMENCING WITH SECTION 94520, AND IN AREAS UNDER THE JURISDICTION OFSECTIONS 94522(C)(2) AND (D)(2) OF CALIFORNIA CODE OF REGULATIONS, TITLE 17,OF CERTAIN TOXIC COMPOUNDS AND OZONE DEPLETING SUBSTANCES, INSECTION 94522(A)(3) AND OTHER REQUIREMENTS, INCLUDING PROHIBITIONS ON USE AEROSOL PAINTS AND COATINGS SHALL MEET THE P.W.M.I.R. LIMITS FOR ROC IN

5.504.4.3.1 AEROSOL PAINTS AND COATINGS.

VOC LIMIT IN TABLE 4.504.3 SHALL APPLY.

MEASURE, AND THE CORRESPONDING FLAT, NONFLAT OR NONFLAT-HIGH GLOSS OF THE 2007 CALIFORNIA AIR RESOURCES BOARD, SUGGESTED CONTROLCOATING, BASED ON ITS GLOSS, AS DEFINED IN SUBSECTIONS 4.21, 4.36, AND 4.37CLASSIFYING THE COATING AS A FLAT, NONFLAT OR NONFLAT-HIGH GLOSSCOATINGS CATEGORIES LISTED IN TABLE 5.504.3 SHALL BE DETERMINED BY

LIMIT FOR COATINGS THAT DO NOT MEET THE DEFINITIONS FOR THE SPECIALTY TABLE 5.504.3, UNLESS MORE STRINGENT LOCAL LIMITS APPLY. THE VOC CONTENT 1 OF THE ARB ARCHITECTURAL SUGGESTED CONTROL MEASURE, AS SHOWN IN

ARCHITECTURAL PAINTS AND COATINGS SHALL COMPLY WITH VOC LIMITS IN TABLE

5.504.4.3 PAINTS AND COATINGS.

WITH SECTION 94507.

COMPOUNDS, OF CALIFORNIA CODE OF REGULATIONS, TITLE 17, COMMENCING

REQUIREMENTS, INCLUDING PROHIBITIONS ON USE OF CERTAIN TOXIC

OUNCES) SHALL COMPLY WITH STATEWIDE VOC STANDARDS AND OTHER NOT WEIGH MORE THAN 1 POUND AND DO NOT CONSIST OF MORE THAN 16 FLUID

OR CAULKING COMPOUNDS (IN UNITS OF PRODUCT, LESS PACKAGING, WHICH DO

2. AEROSOL ADHESIVES, AND SMALLER UNIT SIZES OF ADHESIVES, AND SEALANT SUBSECTION 2 BELOW.

TRICHLOROETHYLENE), EXCEPT FOR AEROSOL PRODUCTS, AS SPECIFIED IN

ETHYLENE DICHLORIDE, METHYLENE CHLORIDE, PERCHLOROETHYLENE AND 1168 PROHIBITION ON THE USE OF CERTAIN TOXIC COMPOUNDS (CHLOROFORM,

5.504.2, AS APPLICABLE. SUCH PRODUCTS ALSO SHALL COMPLY WITH THE RULE APPLICABLE OR S.C.A.Q.M.D. RULE 1168 VOC LIMITS, AS SHOWN IN TABLE 5.504.1 OR

POLLUTION CONTROL OR AIR QUALITY MANAGEMENT DISTRICT RULES WHERE

SEALANT PRIMERS, AND CAULKS SHALL COMPLY WITH LOCAL OR REGIONAL AIR

1. ADHESIVES, ADHESIVE BONDING PRIMERS, ADHESIVE PRIMERS, SEALANTS, REQUIREMENTS OF THE FOLLOWING STANDARDS:

ADHESIVES, SEALANTS AND CAULKS USED ON THE PROJECT SHALL MEET THE

5.504.4.1 ADHESIVES, SEALANTS AND CAULKS.

FINISH MATERIALS SHALL COMPLY WITH THIS SECTION.

5.504.3 FINISH MATERIAL POLLUTANT CONTROL.

WATER, DUST AND DEBRIS, WHICH MAY ENTER THE SYSTEM.

METHODS ACCEPTABLE TO THE ENFORCING AGENCY TO REDUCE THE AMOUNT OF

OPENINGS SHALL BE COVERED WITH TAPE, PLASTIC, SHEETMETAL OR OTHER

EQUIPMENT, ALL DUCT AND OTHER RELATED AIR DISTRIBUTION COMPONENT

SITE AND UNTIL FINAL STARTUP OF THE HEATING, COOLING AND VENTILATING

AT THE TIME OF ROUGH INSTALLATION, DURING STORAGE ON THE CONSTRUCTION EQUIPMENT DURING CONSTRUCTION.

5.504.3 COVERING OF DUCT OPENINGS AND PROTECTION OF MECHANICAL

POLLUTANT CONTROL
SECTION 5.504
FIELD VERIFICATION OF ON-SITE PRODUCT CONTAINERS.

1. PRODUCT REQUIREMENTS OF ONE OF THE FOLLOWING:

ALL CARPET INSTALLED IN THE BUILDING INTERIOR SHALL MEET THE TESTING AND

5.504.4.4 CARPET SYSTEMS.

CARPET AND RUG INSTITUTE'S GREEN LABEL PLUS PROGRAM.

2. CALIFORNIA DEPARTMENT OF PUBLIC HEALTH STANDARD PRACTICE FOR THE3.

TESTING OF V.O.C.S (SPECIFICATION 01350.)
NSF/ANSI 140 AT THE GOLD LEVEL.

REQUIREMENTS OF THE CARPET AND RUG INSTITUTE'S GREEN LABEL PROGRAM.

ALL CARPET CUSHION INSTALLED IN THE BUILDING INTERIOR SHALL MEET THE

5.504.4.4.1 CARPET CUSHION.

4. SCIENTIFIC CERTIFICATIONS SYSTEMS SUSTAINABLE CHOICE. 201 AND OVER AT LEAST 8 PERCENT OF TOTAL
TABLE 5.504.4.3
TABLE 5.504.4.1

PARKING SPACES

OF ACTUAL

TOTAL NUMBER
76-10051-7526-50
0-9
10-25

EV CHARGING STATIONS

REQUIRED

CHARGING SPACES

NUMBER OF EV
151-200101-150
10 754210
AT LEAST 6 PERCENT OF TOTAL

5.106.5.3.1 SINGLE CHARGING SPACE REQUIREMENTS. [N] WHEN ONLY A LIMITED TO, THE FOLLOWING:

CONSTRUCTION PLANS AND SPECIFICATIONS SHALL INCLUDE. BUT ARE NOT INSTALLED IN ACCORDANCE WITH THE CALIFORNIA ELECTRICAL CODE.

REQUIRED TO BE INSTALLED AT THE TIME OF CONSTRUCTION AND SHALL BE SINGLE CHARGING SPACE IS REQUIRED PER TABLE 5.106.5.3.3, A RACEWAY IS 201 AND OVER

2. A LISTED RACEWAY CAPABLE OF ACCOMMODATING A

1. THE TYPE AND LOCATION OF THE EVSE.
2081240-VOLT DEDICATED BRANCH CIRCUIT.

4. 3. THE RACEWAY SHALL NOT BE LESS THAN TRADE SIZE 1." ENCLOSURE OR EQUIVALENT.EQUIPMENT AND INTO A LISTED SUITABLE CABINET, BOX,PROXIMITY TO THE PROPOSED LOCATION OR THE CHARGING

SUBPANEL SERVING THC AREA, AND SHALL TERMINATE IN CLOSE

THE RACEWAY SHALL ORIGINATE AT A SERVICE PANEL OR A

5. BRANCH CIRCUIT FOR THE FUTURE INSTALLATION OF THE EVSE.

CAPACITY TO ACCOMMODATE A MINIMUM 40- AMPERE DEDICATED

THE SERVICE PANEL OR SUBPANEL SHALL HAVE SUFFICIENT

5.106.5.3.4 [N] IDENTIFICATION. THE SERVICE PANEL OR SUBPANEL(S) PERMANENTLY AND VISIBLY MARKED AS "EV CAPABLE."
CAPABLE". THE RACEWAY TERMINATION LOCATION SHALL BE
PROTECTIVE DEVICE SPACE(S) FOR FUTURE EV CHARGING AS "EV

CIRCUIT DIRECTORY SHALL IDENTIFY THE RESERVED OVERCURRENT

WATER CLOSETLAVATORY FAUCETKITCHEN FAUCETSHOWER HEAD

1.28 GALLONS PER FLUSH.5 GPM @ 60 PSI1.8 GPM @ 60 PSI2.0 GPM @ 80 PSI

FIXTURE TYPE MAXIMUM FLOW RATE

WATER EFFICIENCY SCHEDULE
NON-RESIDENTIAL (C.G.C. CHPT 8)
.5 OR .125 GAL/FLUSH @ URINALS

FLOOR MOUNTED
TABLE 5.106.5.3.3
CARPOOL/VAN POOL VEHICLES AS FOLLOWS:SPACES FOR ANY COMBINATION OF LOW EMITTING, FUEL EFFICIENT AND

5.106.5.1.2 TIER 2. PROVIDE 12 PERCENT OF TOTAL DESIGNATED PARKING

PARKING SPACES

OF ACTUAL

TOTAL NUMBER
76-10051-7526-50
0-9
10-25

EV - CARPOOL - VAN POOL

REQUIRED

CHARGING SPACES

NUMBER OF EV
151-200101-150 12
96421
AT LEAST 10 PERCENT OF TOTAL 201 AND OVER
TABLE 5.106.5.3.2
17 SCALE:

SHEET:

DATE:PROJECT NO:

REVISION No. DATE
PROJECT:

PROJECT DATA

PREPARED BY

GOVERNING

D E V E L O P E D

W H I C H T H E P R O J E C T S I T ' S

AS WELL AS MUNICIPAL CODE ON
AND THE 2016 ENERGY STANDARDS
CPC, 2016 CEC, 2016 CGC, 2016 CRC
WHICH ADOPTS THE 2016 CMC, 2016
THE 2016 CALIFORNIA BUILDING CODE

THESE PLANS SHALL COMPLY WITH
PG. NO.DRAFTER:

CONTENT:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD. UNIT 160
HESPERIA, CA. 92345
WWW.GETMOREDESIGNSOLUTIONS.COM
EMAIL:

[email protected]
PH: (760) 715-3382

THE USE OF THESE DESIGNS , DRAWINGS, SPECIFICATIONS, AND/OR STRUCTURAL CALCULATIONS IS RESTRICTED TO THE ORIGINAL PURPOSE FOR WHICH THEY WERE PREPARED AND FURNISHED TO THE HOLDER. PUBLICATION IS EXPRESSLY LIMITED TO SUCH USE. OWNERSHIP OF THIS DOCUMENT AND ALL INFORMATION OR DESIGNS CONTAINED HEREIN REMAINS WITH |MO+RE| DESIGN SOLUTIONS ASSOCIATES. REUSE OR OTHER PUBLICATION BY ANY METHOD IS PROHIBITED EXCEPT WITH THE WRITTEN PERMISSION OF |MO+RE| DESIGN SOLUTIONS ASSOCIATES.

CONTACT INFORMATION:

PROJECT DESCRIPTION:

PROJECT ADDRESS:
|MO+RE| DESIGN SOLUTIONS
17189 BEAR VALLEY RD.

HESPERIA, CA. 92345
PROPERTY INFO:

PH: (760) 669 - 0613
A-9
L-015-2018
08 / 23 / 2018
RIGO A.
1/4" = 1'-0"

CALIFORNIA MANDATORY

GREEN CODE
LEGAL DESCRIPTION:

LOT: 210,6 TR#:180, TRACT NO 180
S 160 FT. MEASURED ON E LINE

EX OF ST OF LOT 216
APN: 6224-023-019
ADDRESS: 8222 ATLANTIC AVE.

CUDAHY, CA. 90201

EXHIBIT “E”

ADDITIONAL BUSINESS STANDARDS
(IF APPLICABLE)

EXHIBIT “F”

STANDARDS AND CONDITIONS FOR CONSTRUCTION
(IF APPLICABLE)

Attachment C

PAGE 1 of 2

COUNTY OF LOS ANGELES FIRE DEPARTMENT

COUNTY FACILITIES/HIGH RISE UNIT
6031 Rickenbacker Road, Commerce, CA 90040-3921
Telephone (323) 724-3188 Fax (323) 721-1880

OFFICIAL INSPECTION REPORT
VM Evergreen LOCAL FIRE STATION: 163
ADDRESS: 8222-8226 Atlanic Avenue CITY: Cudahy ZIP: 90201 BUSINESS NAME: VM Evergreen COUNTY PROJECT #:

RESPONSIBLE PARTY: Javier Barajas SPECIFICATION #:

PHONE: UNK EXT.: FAX: E-MAIL:

OCCUPANCY CLASS: UNK SQFT: UNK HAZ MAT HANDLER FIRE SPRINKLERS: N SPRINKLER SYSTEM TYPE: DENSITY / PSI: ESFR K-FACTOR: 5-YR DUE: N/A DATE OF INSPECTION: 10/10/22 COMPANY EMPLOYEE PRESENT DURING INSPECTION: Javier THE ITEMS LISTED BELOW ARE VIOLATIONS OF THE LOS ANGELES COUNTY FIRE CODE-TITLE 32, THE LOS ANGELES COUNTY BUILDING CODE–TITLE 26, AND/OR THE CALIFORNIA CODE OF REGULATIONS–TITLE 19. VIOLATIONS MUST BE CORRECTED FORTHWITH. FAILURE TO COMPLY WILL RESULT IN LEGAL ACTION; A CITATION WILL BE ISSUED, COURT APPEARANCE WILL BE REQUIRED AND A FINE MAY BE LEVIED BY THE COURT.

ALL VIOLATIONS MUST BE CORRECTED IMMEDIATELY.

AN INSPECTOR WILL CONDUCT A RE-INSPECTION ON: N/A
Code Referenced:

Per LA County Fire Code Section 906. Fire Extinguishers shall be inspected annually.

Fire extinguishers were last inspected on 5/2021
*Service all extinguishers
1031.10 Emergency lighting equipment inspection and
testing. Emergency lighting shall be maintained in accordance with Section 1008 and shall be inspected and tested in
accordance with Sections 1031.10.1 and 1031.10.2.

Emergency Lighting non-operable
*Repair all emergency Lighting to operable condition.

PAGE 2 of 2
706.2 Unprotected openings. Unprotected duct and air
transfer openings in fire-resistance-rated construction and construction installed to resist the passage of smoke shall be protected so as to comply with requirements that were in effect when the building was constructed.
*Repair all areas of breach in all walls to fire resistive construction as built. 604.6 Unapproved conditions. Open junction boxes and
open-wiring splices shall be prohibited. Approved covers shall be provided for all switch and electrical outlet boxes. *Cover or replace all open electrical boxes.

INSPECTOR’S SIGNATURE Captain Joseph Williams DATE 10/10/2022 For information please call: 310-603-5258 to speak with the inspector.

From: Juan Arauz <[email protected]>
Sent: Wednesday, November 30, 2022 4:46 PM
To: Glenn Ward Calsada <[email protected]>; Tony Soliman <[email protected]> Cc: Glenn Calsada <[email protected]>; Jessica Guillen <[email protected]>; Alfonso Noyola <[email protected]>; Joshua Calhoun <[email protected]>; [email protected]; [email protected]
Subject: RE: Default Hearing Packets
Hi Tony,
Raul Diaz, Building Official, informed me that no one from your team has reached out to him. Can you please give me an update?
Thank you,
Juan Arauz, AICP
Community Development Director
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323.773.5143
www.cityofcudahy.com
From: Juan Arauz
Sent: Monday, November 21, 2022 2:56 PM
To: Glenn Ward Calsada <[email protected]>; Tony Soliman <[email protected]> Cc: Glenn Calsada <[email protected]>; Jessica Guillen <[email protected]>; Alfonso Noyola <[email protected]>; Joshua Calhoun <[email protected]>; [email protected]; [email protected]
Subject: RE: Default Hearing Packets
Hi Tony,
Your plans and project description have been reviewed by Planning and Building staff, and the following comments are provided:

Plan Review Comments
Attachment D Page 323 of 383 Page 556 of 616
Based on our previous inspection of the site and our city records, we have not been able to find any permits showing the approval of the mezzanine or the drywall of the areas above them (ex. attic spaces). Therefore, those improvements appear to have been made without any permits or city approval. If the applicant is representing those existing areas as permitted, then applicant will have to provide the city with proper documentation (ex. permits) showing the approval of those areas.

Property documentation may include showing records from the Los Angeles County Assessor’s office showing permits and final approval of the areas in question.

Project Description Comments
Additionally, during our site visit we observed work and alterations made to the site with out permits or approval from Planning or Building and Safety Department including: Plumbing, Electrical, Framing, covering with drywall areas above the mezzanine and not just as described on the scope of work as paint or cleaning site.

If you have any building related questions, please contact me or Raul Diaz, Building Official (cc’d here).

Best,
Juan Arauz, AICP
Community Development Director
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323.773.5143
www.cityofcudahy.com
From: Glenn Ward Calsada <[email protected]>
Sent: Monday, November 7, 2022 3:31 PM
To: Tony Soliman <[email protected]>
Cc: Glenn Calsada <[email protected]>; Jessica Guillen <[email protected]>; Juan Arauz <[email protected]>; Alfonso Noyola <[email protected]>; Joshua Calhoun <[email protected]>; [email protected] Subject: Re: Default Hearing Packets
Hi Tony
I received your revised site plan and project description. I will discuss with City staff and get back to you. Thank you.

Best Regards,
Glenn Ward Calsada, Esq.

Law Office of Glenn Ward Calsada

1209 N. Central Avenue, Suite 205
Glendale, CA 91202
(818) 396-5504 ph
(818) 473-4277 fax
[email protected]
http://www.calsadalaw.com
Certified by the California State Bar,
Board of Legal Specialization in Bankruptcy Law
The information contained in this e-mail may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete all copies.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. Federal Tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1)avoiding penalties under the Internal Revenue Code or (2)promoting, marketing or recommending to another party any matters addressed herein.

On Monday, November 7, 2022 at 03:23:43 PM PST, Tony Soliman <[email protected]> wrote:

Hello,
Please see attached project description & site plan. Please let me know if you need anything else.

Thank you.

Best Regards,
Tony M. Soliman
Soliman Law Group, P.C.
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
Tel | 310.230.5255
Fax | 888.400.0833
Web |
www.SolimanLawGroup.com
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq.

On Nov 7, 2022, at 11:02 AM, Tony Soliman <[email protected]> wrote:

Good Morning,
I am aiming to get it back to you by end of the day.

Best Regards,
Tony M. Soliman
Soliman Law Group, P.C.
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
Tel | 310.230.5255
Fax | 888.400.0833
Web |
www.SolimanLawGroup.com
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq.

On Nov 7, 2022, at 10:20 AM, Jessica Guillen <[email protected]> wrote:

Good morning,
I am reaching out to follow up on the status of the updated project description and site plan as discussed in our meeting.

Thank you,
<image001.jpg>
Jessica Guillen
Assistant Planner
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323.773.5143 ext. 229
www.cityofcudahy.com
From: Glenn Ward Calsada <[email protected]>
Sent: Tuesday, October 25, 2022 2:11 PM
To: Tony Soliman <[email protected]>
Cc: Glenn Calsada <[email protected]>; Glenn Calsada <[email protected]>; Jessica Guillen <[email protected]>; Juan Arauz <[email protected]>; Alfonso Noyola <[email protected]>; Joshua Calhoun <[email protected]> Subject: Fw: Default Hearing Packets
Hi Tony
I'm sending you a copy of VM Evergreen's recorded Development Agreement for your records and to assist you in the editing of the Project Description for the Site.

Best Regards,
Glenn Ward Calsada, Esq.

Law Office of Glenn Ward Calsada
1209 N. Central Avenue, Suite 205
Glendale, CA 91202
(818) 396-5504 ph
(818) 473-4277 fax
[email protected]
http://www.calsadalaw.com
Certified by the California State Bar,
Board of Legal Specialization in Bankruptcy Law
The information contained in this e-mail may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete all copies.

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. Federal Tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1)avoiding penalties under the Internal Revenue Code or (2)promoting, marketing or recommending to another party any matters addressed herein.

Attachment E

Page | 1
5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773-5143
Fax: (323) 771-2072
www.cityofcudahy.com
Mayor
Elizabeth Alcantar
Vice Mayor
Jose R. Gonzalez
Councilmember
Jack M. Guerrero
Councilmember
Blanca Lozoya
Councilmember
Daisy Lomeli
City Manager
Alfonso Noyola, ICMA-CM
Incorporated November 10, 1960
February 22, 2023
SENT VIA EMAIL ([email protected])

VM EVERGREEN, LLC
Attn: Javier Barajas, Operator’s Representative
RE: FINAL DEMAND
8222 Atlantic Avenue – VM Evergreen, LLC
Development Agreement No. DA18-001C
Commercial Cannabis Permit No. 18-0001
Dear Mr. Barajas
On October 10, 2022, City of Cudahy officials, along with officials from other agencies, conducted a site inspection of the subject site. During this inspection, several violations of Building, Mechanical, Electrical, and Plumbing Codes were observed, including occupation of the building without a certificate of occupancy, which rendered the structure unsafe for occupancy. As a result of the unpermitted construction at the subject site, the Building and Safety Division declared the structure, its use, and occupancy unsafe and dangerous and said property 8222 Atlantic Avenue was “red tagged”.

Subsequently, on October 24, 2022, a meeting was scheduled with you, your legal counsel, City staff, and the City’s legal counsel to discuss next steps. City staff and the City’s legal counsel provided you with the first necessary steps to bring your operation back on track to achieve compliance. City Staff and the City’s legal counsel asked for an updated project description and site plan.

On November 7, 2022, City staff received an updated project description and site plan from your legal counsel.

On November 21, 2022, City staff reviewed and denied updated project description and site plan and provided the following comments:

Plan Review Comments
Based on our previous inspection of the site and our city records, we have not been able to find any permits showing the approval of the mezzanine or the drywall of the areas above them (ex. attic spaces). Therefore, those improvements appear to have been made without any permits or city approval. If the applicant is representing those existing areas as permitted, then applicant will have to provide the city with proper documentation (ex. permits) showing the approval of those areas. Property documentation may include showing records from the Los Angeles County Assessor’s office showing permits and final approval of the areas in question.

Project Description Comments
Additionally, during our site visit we observed work and alterations made to the site without permits or approval from Planning or Building and Safety Department including Plumbing, Electrical, Attachment F Page 331 of 383 Page 564 of 616

From: Tony Soliman
To: Joshua Calhoun
Cc: [email protected]; Glenn Ward Calsada; Alfonso Noyola; Glenn Calsada; Jessica Guillen; [email protected]; Cecilia Madrigal; Glenn Calsada; Stephanie Arechiga; Juan Arauz Subject: Re: VM Evergreen Deferment Agreement
Date: Tuesday, March 21, 2023 3:02:37 PM
Joshua,
I reviewed your letter and spoke to the client about the proposed terms and my client cannot afford those payments. As previously mentioned, he has suffered huge financial losses due to covid, the ongoing costs from the very beginning, legal issues with potential partners and now the multiple break ins when hundreds of thousands of dollars worth of equipment was stolen, which occurred after the City red tagged his property and he was unable to be on the premises to protect his property.

My client stated that they can afford a monthly payment of $6,000/month total while they get back on their feet. Please consider their circumstances, the current state of the cannabis industry which is taking a huge hit, and the current economy and grant my client a monthly payment plan of $6,000/mo that he can afford & that will not sink him.

Please let us know the next steps to get this accomplished.

Thanks.

Best Regards,
Tony M. Soliman
Soliman Law Group, P.C.
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
Tel | 310.230.5255
Fax | 888.400.0833
Web |
www.SolimanLawGroup.com
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq.

Attachment G Page 337 of 383 Page 570 of 616
On Mar 21, 2023, at 11:23 AM, Joshua Calhoun <[email protected]> wrote:

Tony,
Attached is our proposed Deferment Agreement for VM Evergreen. The highlights of the agreement include: Community Benefit and Cost Recovery prior and up to January 31, 2023 will be required to be repaid timely over 12 months starting April 1; Nonoperating fees will be deferred until 6 months after a Temporary Certificate of Occupancy is issued and paid over 12 months; the amounts due for February 2023 will be also due upon signing of agreement.

If your client accepts this agreement it will need to be signed and notarized and delivered to us by 5:00pm Wednesday, March 22nd along with the February 2023 amount due of $7,837.36 ($5,333.36 – Community Benefit Fees and $2,504.00 Cost Recovery Fees). Also note that the first payment of $13,032.16 ($8,888.93 – Community Benefit Fee payment and $4,143.23 – Cost Recovery Payment) will be due by April 1st.

Let me know if you have any questions.

Thank you,
<image001.png>
Joshua Calhoun, CPA
Finance Director / City Treasurer
City of Cudahy
5220 Santa Ana Street
Cudahy, California 90201
Tel: 323.773.5143 ext. 225
www.cityofcudahy.com
NOTE: OFFICE IS CLOSED ON FRIDAYS
Disclaimer: This email and any attachments are confidential and intended for the use of the named recipient only. If you have received this email and any attachments in error, please inform us immediately and then delete it. Any views or opinions are solely those of the author and do not necessarily represent those of the City of Cudahy or its affiliates, divisions or brands.

<VM Evergreen Deferment Agreement.pdf>

10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
SolimanLawGroup.com
P 310.230.5255
F 888.400.0833
[email protected]
Soliman Law Group, P.C

VIA EMAIL ONLY
March 21, 2023
City of Cudahy
Attn: Mr. Joshua Calhoun
Attn: Mr. Juan Arauz
Attn: Mr. Alfonso Noyola
5220 Santa Ana Street,
Cudahy, CA 90201
Re: OFFICAL FINAL OFFER OF VM EVERGREEN, LLC REQUEST FOR PAYMENT

PLAN ARRANGEMENT
Dear Mr. Calhoun and Team,
I write this letter on behalf of our client VM Evergreen, LLC. As you and the City of Cudahy were made aware, our client has suffered severe financial and business hardships. Among other issues, Covid and the pandemic resulted in various major setbacks for our client. The pandemic & those setbacks also caused problems with the prior investors who were contracted to partner with our client, & which did not play out as planned or expected. It was our client’s intention to be operational by now, but for the pandemic and business setbacks that took place.

As such, we request that our client be allowed to enter into a payment arrangement to make payments on any past due balances and ongoing accruing balances after he becomes operational. He can afford and is willing to make payments of Six Thousand Dollars ($6,00/00) per month, until the past due amount is paid in full.

Please advise if these terms are acceptable with the City, so that our client can get back on track as he works through the many hurdles and pitfalls of this commercial cannabis industry, towards opening and operating the business and furthering a positive and mutually beneficial partnership with the City of Cudahy. Please contact me directly if you need ANYTHING else for this request.

Best Regards,
Tony M. Soliman, Esq.
on behalf of VM Evergreen, LLC
Attachment H Page 340 of 383 Page 573 of 616
March 22, 2023

SENT VIA ELECTRONIC MAIL
Tony M. Soliman
[email protected]
RE: CITY OF CUDAHY’S RESPONSE TO VM EVERGREEN’S FINAL

OFFICIAL OFFER FOR A PROPOSED PAYMENT PLAN
8222 Atlantic Avenue – VM Evergreen, LLC
Development Agreement No. DA#18-001C
Commercial Cannabis Permit No. CCP18-0001
Mr. Soliman,
This letter shall serve as the City of Cudahy’s (“City”) response to VM Evergreen, LLC’s Final Official Offer for a Payment Plan under Development Agreement No. DA#18-001C.

The City hereby rejects the Final Official Offer from VM Evergreen, LLC (“Owner”) as outlined in an email sent from you on Tuesday, March 21, 2023, at 10:55 PM.

The City Manager continues to extend the Cannabis Deferment and Payment Program (“Program”) to Owner as outlined in the attached letter. Owner is encouraged to accept the Program, as is, prior to the deadline on Monday, March 27, 2023, at 5:00 PM.

Sincerely,
Stephanie Arechiga, City Attorney
Enclosure
cc: Law Office of Glenn Ward Calsada
Alfonso Noyola, City Manager
Joshua Calhoun, Finance Director
Juan Arauz, Community Development Director
Attachment I Page 341 of 383 Page 574 of 616
Page | 1

5220 Santa Ana Street
Cudahy, CA, 90201
Phone: (323) 773‐5143
Fax: (323) 771‐2072
www.cityofcudahy.com
Mayor
Daisy Lomeli
Vice Mayor
Jose R. Gonzalez
Councilmember
Elizabeth Alcantar
Councilmember
Martin U. Fuentes
Councilmember
Cynthia Gonzalez
City Manager
Alfonso Noyola, ICMA‐CM
Incorporated November 10, 1960

March 22, 2023
Via U.S. Mail and Email:

VM Evergreen, LLC
Attn: Vicki Barajas, Manager
8222 Atlantic Avenue
Cudahy, CA 90201
Re: DA 18‐001C ‐ Letter Agreement on Payment of Outstanding Fees & Costs Dear Owner/Operator:

Please allow thisletter to respond to VM Evergreen’srequest for a payment arrangement on past due fees owed to the City of Cudahy ("City").  At this time, City records show that your Development Agreement is in “default status” on account of substantial past due fees and costs owed to the City despite prior notice and opportunity to cure.   The total outstanding balance due as of January 31, 2023, was $242,997.01, consisting of Community Benefits Fees “CB” [$106,667.20], Cost Recovery Charges “CR” [$49,718.25], Non‐Operating Fees “NOF” [$75,314.40] and Non‐Operating Fees Penalties (11,297.16).

See attached Payment Plan Worksheet for an itemization of all outstanding fees due.

In our discussions, you have provided the City with information and documentation of disruptions and difficulties with business development and/or operations caused by the COVID19 pandemic.  These difficulties appear to have impacted your business operations for a portion of the time past due fees have accrued.

Based on your representations and evidence, and after input from the City’s Ad Hoc Economic Development Committee members, the City is willing to enter into a one‐time, forbearance agreement.  Operator should not expect any further extensions of time or modifications to this Letter Agreement.   Furthermore, Operator shall remain in “default status” under its Development Agreement until all past due fees are paid in full and is not otherwise in default under the Development Agreement.

For good cause shown, the proposed payment plan for the past due fees described below is APPROVED ON THE FOLLOWING TERMS AND CONDITIONS:

Page | 2

FORBEARANCE PAYMENTS

1. Operator Must Maintain Current Community Benefit (CB) and Cost Recovery (CR) Payments:

Beginning April 1,,
2023, Operator agrees to maintain Community Benefit (CB) and Cost Recovery (CR) payments as they come due under the Development Agreement and shall not become delinquent on any payments by more than thirty (30) days from the payment due date.   The Finance Director will provide the Operator with a billing statement specifying the current payment amounts by email or US Mail.  It is the responsibility of the Operator to contact the Finance Director to confirm it is current on all payments with the City.  In the event Operator becomes delinquent on its current payment obligations by more than thirty (30) days, the City may, at its sole and complete discretion, notify Operator in writing by email or U.S. Mail of the default on payment(s) and terminate this Letter Agreement. In that event, all past due amounts required to be paid under this Letter Agreement shall become fully due and payable.  The failure to fully pay the past due delinquency as required by the notice shall be deemed an uncured event of default and a basis for termination of the Development Agreement.  Nothing in this provision abrogates any other remedies available to the City under the Development Agreement for an event of default.

2. Operator Must Cure Past Due Delinquency on Community Benefit (CB) and Cost Recovery (CR) Payments:

Operator agrees to cure the past due delinquency on Community Benefit (CB) and Cost Recovery (CR) payments as follows:

Past Due Community Benefit Fees (CB)

$106,667.20 owed as of January 31, 2023.  These past due fees are to be paid in twelve (12) equal monthly installments as follows:

Payment 1, $8,888.93 on 1st of April 2023.

Payment 2, $8,888.93 on 1st of May 2023.

Payment 3, $8,888.93 on 1st of June 2023.

Payment 4, $8,888.93 on 1st of July 2023.

Payment 5, $8,888.93 on 1st of August 2023.

Payment 6,    $8,888.93 on 1st of September 2023.

Payment 7,    $8,888.93 on 1st of October 2023.

Payment 8,   $8,888.93 on 1st of November 2023.

Payment 9,   $8,888.93 on 1st of December 2023.

Payment 10,   $8,888.93 on 1st of January 2024.

Payment 11,   $8,888.93 on 1st of February 2024.

Payment 12,   $8,888.97 on 1st of March 2024.

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Past Due Cost Recovery Fees (CR)
$49,718.25 owed as of January 31, 2023.  These past due fees are to be paid in twelve (12) equal monthly installments as follows:

Payment 1, $4,143.23 on 1st of April 2023.

Payment 2, $4,143.23 on 1st of May 2023.

Payment 3, $4,143.23 on 1st of June 2023.

Payment 4, $4,143.23 on 1st of July 2023.

Payment 5, $4,143.23 on 1st of August 2023.

Payment 6,    $4,143.23 on 1st of September 2023.

Payment 7,    $4,143.23 1, 478.03 on 1st of October  2023.

Payment 8,   $4,143.23 on 1st of November 2023.

Payment 9,   $4,143.23 on 1st of December 2023.

Payment 10,   $4,143.23 on 1st of January 2024.

Payment 11,   $4,143.23 on 1st of February 2024.

Payment 12,   $4,142.72 on 1st of March 2024.

Additional billing that is operator specific costs relating to cost recovery expenditures incurred by the City will be rendered as expenditures are received. Currently,related costs have been billed through January 31, 2023.

3. Deferment of Non‐Operating Fees (NOF) and Penalties
All Non‐Operating Fees (NOF) (past due and accruing) are deferred until six (6) months after Operator is first issued a Temporary Certificate of Occupancy1 for the Site.

Six (6) months after the first issuance of a Temporary Certificate of Occupancy for Site, the Finance Director shall notify Operator in writing of the start date for a twelve (12) month term for payment of the total accrued NOF fees then due and owing.  The Finance Director will provide the Operator with notice of the payment term for accrued NOF fees by email or US Mail.  Operator agrees to pay the accrued NOF fees in accordance with the term for payment provided by the Finance Director without counter‐signature or acknowledgement of receipt. It is the Operator’s responsibility to contact the Finance Director six (6) months after first issuance of the Temporary Certificate of Occupancy to confirm the amounts due and the start date of the twelve (12) month payment term.

Upon the start date of the twelve (12) month payment term for accrued NOF fees, Operator further agrees to commence timely payment of current Operating or Non‐ Operating Fees together with penalties required to be paid under the Development Agreement.

4. Other Terms and Conditions
Operator hereby acknowledges and agreesthat the past due amountsstated are true and correct and are in fact presently due and owing.  The parties agree that the Operator is in 1 While in “default status,” the City will only issue a temporary certificate of occupancy (a “TCO”) for the Site valid for 90 days.  A TCO may be reissued if the Operator remains in compliance with the terms of this Letter Agreement.

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“default status” on its obligations under its Development Agreement with the City.

Therefore, to avoid immediate termination and/or commencement of revocation proceedings, it is necessary that the Operator indicate, by signing this Letter Agreement, its acceptance of the terms and conditions herein.

Operator will remain in “default status” on its Development Agreement until all past due fees set forth in this Letter Agreement have been paid and Operator is in full compliance with all terms of its Development Agreement.  While in “default status,” the City cannot and will not report to the California Department of Cannabis Control (“Department”) that the Operator/Licensee is “In Compliance” with local ordinances and regulations for the requested commercial cannabis activity.  Instead, the City will report to the Department that the Operator/Licensee is: “Local Compliance Underway” with the City as per the terms of this Letter Agreement.

Operator acknowledges that it has requested that the City enter into this Letter Agreement and to forbear from exercising its rights under the Development Agreement so as to afford operator additional time to pay its outstanding indebtedness.  The City has agreed to do so, provided that Operator fully complies with the terms for repayment set forth in this Letter Agreement.

Operator shall be deemed in material breach of this Letter Agreement in the event Operator is more than thirty days (30) late on any of the FORBEARANCE PAYMENTS identified above or on any payments required to keep current on fees and costs under the Development Agreement.  In the event of a material breach of this Letter Agreement, the City’s obligation to forbear shall automatically terminate and this Letter Agreement shall be null and void, and the City shall be entitled to full payments all sums due and owing to the City at the time of the breach.  The City shall then promptly report to the Department that the Operator/Licensee is: “Not in Compliance” with local ordinances and regulations.

The City reserves all of its rights and remedies under the Development Agreement and this Letter Agreement shall not be deemed an election of remedies, nor shall it constitute a waiver of any of the City’s rights or remedies.

Nothing stated herein is intended to waive or excuse compliance with any condition of approval contained in the Commercial Cannabis Permit (“CCP”) issued for the Site.

Moreover, the City will approve or deny Development Plans and related approvals for the Site, including issuance of building permits and certificates of occupancy, in the ordinary course of review by the City’s planning and building and safety officials.  Operator may not commence operations within the facility unless and until a valid temporary or permanent certificate of occupancy is issued for the Site.  In its decision for issuance of any certificate of occupancy for the Site, the City may take into account the Operator’s compliance or non‐compliance with the terms of this Letter Agreement and the Operator’s history of compliance or non‐compliance with all state and local cannabis and health and safety laws.   Prior to the commencement of operations, Operator must provide to the City Manager a valid and current state‐issue license for commercial cannabis activities covering the specific cannabis activities authorized by the City for the Site. While in “defaultstatus,” the City will only issue a temporary certificate of occupancy

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(a “TCO”) for the Site valid for 90 days.  A TCO may be reissued if the Operator remains in compliance with the terms of this Letter Agreement.

Upon the breach of any provision of this Letter Agreement, the City may, at itssole option and discretion, give the Operator ten (10) days written notice of intention to terminate this Letter Agreement and opportunity to cure.  The giving of one notice shall not obligate the City to give further notices of default.   In the event of an uncured default after notice is given, this Letter Agreement shall automatically terminate without further notice, at which time the City may exercise any and all rights and remedies under its Development Agreement, including but not limited to, termination of the Development Agreement and revocation of the CCP.

The parties agree that in no event shall the effect of this Letter Agreement be deemed a novation of the Development Agreement and that the City Manager has acted, and is acting, in accordance with authority already granted by the terms of the Development Agreement.

Each party has acted on the advice of counsel.

Except as modified herein,  all of the terms and conditions of the Development Agreement shall remain in full force and effect. Operator agrees to maintain payments and to keep current on all fees and costs accruing under the Development Agreement.  The failure to pay both past due fees and current fees and costs as they come due shall be a default on this Letter Agreement.  Time is of the essence.  This provision is a material term of this Letter Agreement.  No oral amendment, waiver or other understanding with respect to the subject matter of this Letter Agreement shall be enforceable.

5. Effectiveness:

This Letter Agreement shall become effective upon receipt by the City of Owner/Operator’s signed and notarized acceptance of the terms and conditions of this Letter Agreement.

This Letter Agreement shall be considered rejected and will expire by its own terms if not accepted in writing by March 27, 2023.

Sincerely,

Alfonso Noyola, ICMA‐CM
City Manager
AGREED AND ACCEPTED:

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Date:

Owner/Operator

IN WITNESS THEREOF (SEE ATTACHED NOTARY ACKNOWLEDGMENT)

____________________________________
By: _______________________, its Authorized Agent
and Managing Member
Cc: Landlord [Name and Address];
City’s Special Counsel
Enc: Payment Plan Worksheet

CBP URBF1 OPFEE OPFEE
Operator Comm Benefit Cost Recovery Non Operating PENALTIES Outstanding VM Evergreen, LLC
September 22, 2021 Letter             ‐ 16,000.08                                         11,297.16        27,297.24

BILLINGS
Aug 2021              5,333.36                 547.68                   3,765.72           9,646.76 Sep 2021              5,333.36              1,493.03                   3,765.72        10,592.11 Oct 2021              5,333.36                 854.75                   3,765.72           9,953.83 Nov 2021              5,333.36              1,398.23                   3,765.72        10,497.31 Dec 2021              5,333.36                 291.90                   3,765.72           9,390.98 Jan 2022              5,333.36                 494.28                   3,765.72           9,593.36 Feb 2022              5,333.36              1,137.30                   3,765.72        10,236.38 Mar 2022              5,333.36              1,036.50                   3,765.72        10,135.58 Apr 2022              5,333.36             1,103.88                  3,765.72        10,202.96 May 2022              5,333.36              2,115.39                   3,765.72        11,214.47 Jun 2022              5,333.36                 127.60                   3,765.72           9,226.68 Jul 2022              5,333.36                 924.63                   3,765.72        10,023.71 Aug 2022              5,333.36                 932.38                   3,765.72              941.43        10,972.89 Sep 2022              5,333.36              2,550.29                   3,765.72           1,318.00        12,967.37 Oct 2022              5,333.36              1,914.65                   3,765.72           1,694.57        12,708.30 Nov 2022              5,333.36              2,591.48                   3,765.72           2,071.15        13,761.71 Dec 2022              5,333.36              6,546.03                   3,765.72           2,447.72        18,092.83 Jan 2023              5,333.36             2,052.25                  3,765.72           2,824.29        13,975.62

PAYMENTS
Aug 2021             (5,333.36)                  (3,765.72)         (9,099.08) Sep 2021
Oct 2021
Nov 2021
Dec 2021
Jan 2022
Feb 2022
Mar 2022
Apr 2022
May 2022
Jun 2022
Jul 2022
Aug 2022
Sep 2022
Oct 2022
Nov 2022
Dec 2022
Jan 2023
Feb 2023 0.00 0.00 0.00 0.00 0.00
Annual City Reimbursement Costs            72,020.00
Cost per operator (10)              7,202.00
Three years(2019‐2022) 3 years
City Labor            21,606.00       21,606.00
Balance as of January 31, 2023          106,667.20           49,718.25                 75,314.40        11,297.16      242,997.01 (a) City Reimbursement cost of $7,202 per year (x three years (2019‐2022)= $21,606.00

1 Joshua Calhoun
From: Tony Soliman <[email protected]>
Sent: Monday, May 8, 2023 3:00 PM
To: Joshua Calhoun
Cc: Glenn Ward Calsada; Alfonso Noyola; Glenn Calsada; Jessica Guillen; [email protected]; Cecilia Madrigal; Glenn Calsada; Stephanie Arechiga; Juan Arauz; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Subject: Re: VM Evergreen Deferment Agreement
Follow Up Flag: Flag for follow up
Flag Status: Flagged
Good Afternoon,
Thanks for the clarification Joshua. We would like to propose a payment plan structure of the following:
1) Defer repayment of past due amounts for 4 months,
2) after which the monthly payment plan to repay the past due amounts for the Community Benefits & cost recovery plan to be $10,000.00/ per month until the 12th month when the final balloon payment would be made for the remained of the balance.

Please let us know any questions or any other topics of discussion that need to be ironed out to effectuate this payment plan.

Thank you.

Best Regards,
Tony M. Soliman
Soliman Law Group, P.C.
10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
Tel | 310.230.5255
Fax | 888.400.0833
Web | www.SolimanLawGroup.com
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq.

Attachment J Page 349 of 383 Page 582 of 616
Attachment K

Attachment L

10866 Wilshire Blvd. 4th Floor
Los Angeles, CA 90024
SolimanLawGroup.com
P 310.230.5255
F 888.400.0833
[email protected]
Soliman Law Group, P.C

VIA EMAIL ONLY
[email protected]
September 6, 2023
City of Cudahy
c/o Ms. Paloma Perez-McEvoy
5220 Santa Ana Street,
Cudahy, CA 90201
Re: VM EVERGREEN, LLC REQUEST FOR NEW PAYMENT PLAN ARRANGEMENT Dear Mrs. Perez-McEvoy
I write this letter on behalf of our client VM Evergreen, LLC. As you and the City of Cudahy were made aware, our client has suffered severe financial and business hardships. Among other issues, Covid and the pandemic resulted in various major setbacks for our client. The pandemic & those setbacks also caused problems with the prior investors who were contracted to partner with our client, & which did not play out as planned or expected. It was our client’s intention to be operational by now, but for the pandemic and business setbacks that took place.

As such, we request that our client be allowed to alter the current payment arrangement that is in place, to make payments on any past due balances and ongoing accruing balances after becoming operational. The client will be able to afford to make payments 6 months after opening doors,. We also request relief from Non-Operating fees for the time during which we were not able to operate during Covid. We are seeking this relief for a 2 year period (for the time the City was closed) as covid halted progress for at least that time frame.

Please present these terms to the City Counsel, so that our client can get back on track as he works through the many hurdles and pitfalls of this commercial cannabis industry, towards opening and operating the business and furthering a positive and mutually beneficial partnership with the City of Cudahy. Please contact me directly if you need anything else for this request.

Best Regards,
Tony M. Soliman, Esq.
on behalf of VM Evergreen, LLC
Attachment M Page 381 of 383 Page 614 of 616
Attachment N