Agenda — Cudahy City Council, July 16, 2024 (part 7 of 20)

EXHIBIT D:

GENERAL PLAN LAND USE MAP
533 of 1055 ATTACHMENT E Page 1206 of 3559
Exhibit C: Land Use Map
534 of 1055 ATTACHMENT E Page 1207 of 3559
EXHIBIT E:

PROJECT SITE PLAN AND BUILDING

ELEVATION/SITE PHOTOS
535 of 1055 ATTACHMENT E Page 1208 of 3559
9' x 20' STANDARD PARKING STALLS = 15 SPACES

SITE DATA

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

CONCRETE & ASPHALT LANDSCAPED AREA
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
14,635 SQ. FT. 43.28%
1,700 SQ. FT. 5.0%

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
MO+RE DESIGN SOLUTIONS,
17189 BEAR VALLEY RD.

HESPERIA, CA. 92345
N

VICINITY MAP

RIGOBERTO AVALOS,
17189 BEAR VALLEY RD.

HESPERIA, CA. 92345

DESIGNER
9' x 20' ACCESSIBLE PARKING STALLS = 3 SPACES
SCALE:PROJECT NO: SHEET:DATE:

No. REVISION DATE

PREPARED BY

PROJECT DATA
PROJECT:

GOVERNING

THESE PLANS SHALL COMPLY WITH
THE 2016 CALIFORNIA BUILDING CODE
WHICH ADOPTS THE 2016 CMC, 2016
CPC, 2016 CEC, 2016 CGC, 2016 CRC
AND THE 2016 ENERGY STANDARDS

AS WELL AS MUNICIPAL CODE ON

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

D E V E L O P E D
DRAFTER:PG. NO.

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.

PROJECT DESCRIPTION:

CONTACT INFORMATION:

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

HESPERIA, CA. 92345
PH: (760) 669 - 0613
PROPERTY INFO:

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. &
SECURITY)530 SQ. FT.

EXISTING 8" WD. CMU WALL
@ NEIGHBOR PROPERTY

TO REMAIN INTACT DURING

CONSTRUCTION

EXISTING PORTION OF

CHAIN-LINK FENCING

TO BE REPLACED W/ AN
8' WROUGHT IRON FENCE

EXISTING OFF-SITE

FIRE HYDRANT

EXISTING SIGN TO BERECONDITIONED PERNEW CODE STANDARDSEXISTING SIDE-WALK

EXISTING GUTTERPER CITY STANDARD

EXISTING INLET

TO BE REMOVED

EXISTING DRIVEWAY

TO REMAIN

EXISTING AREA

OF LANDSCAPE
6 NO PARKING
11 31' 41'
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
5 GALLONS
1 X 1.0 GPH

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

SYMBOL SIZE
IMAGE

PLANTING LEGEND - GROUND COVERS

BOTANICAL NAME WATER USAGE

CONVOLVULUS

CNEORUM
COMMON NAME QTY.

LOW

SYMBOL SIZE

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

PEA GRAVEL:
3/4" MAXIMUM SIZE DECORATIVE ROCK. WITH 3"
MINIMUM DEPTH. OVER GRADED NATIVE SOIL.

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 BOULDER:RED / TAN TONES, WITH IRREGULAR SHAPE. SIZED
VARIES PER CLIENT PREFERENCES.

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

EMITTER
REQ.
5 GALLONS
1 X 1.0 GPH

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 87
4 EXISTING PORTION OF

CHAIN-LINK FENCING

TO BE REPLACED W/ AN
8' WROUGHT IRON FENCE
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
400 SQ. FT.

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

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
5' 100'
40' 8' 103' 9'
91' 24' 6' 124' 1'
PROPOSED 8'

SCREENED FENCING

PROPOSED SITE PLAN
SCALE = 1 : 20
F.A.R. CALCULATIONS
PROPOSED BLDNG. KNOX BOX KEYMOUNTED NO LESS THAN 10' FROMFIRE RISER ROOM PER COUNTY

STANDARDS
SCALE = 1 : 20
F.A.R. = 1.0
SITE LAND AREA = 33,835 SQ. FT.

MAX. FLOOR AREA RATIO ALLOWED = 33,835 SQ. FT.EXISTING FLOOR AREA = 17,500 SQ. FT. 19'
8'
TYP.

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

CL
CL
CL

ON PARALLEL CURB RAMPS,

DETECTABLE WARNINGS SHALL BEPLACED ON THE TURNING SPACE AT

THE FLUSH TRANSITION BETWEENTHE STREET AND SIDEWALK

NO PARKING

WITHIN THE LOADING AND

UNLOADING ACCESS AISLE PAINT
THE WORDS "NO PARKING" IN

WHITE LETTERS NO LESS THAN
12" HIGH.

MIN.
(EXCEPTION 11B-502.2)
9'-0" 8'-0"
70" SQ. INCH ACCESSIBILITY SIGN
PER 11B-502.6.1 REFER TO SITEPLAN FOR ALTERNATE LOCATION

ON BUILDING EXTERIOR
2'-0" PARKING
NOSEOVER TYP.
6" CURB (TYPICAL)

PAINTED BLUE BORDER
(TYPICAL)

INTERNATIONAL SYMBOL
OF ACCESSIBILITY 36" SQ.

PER SECTION 11B-502.3.3.

VAN ACCESSIBLE STALL

OR HANDICAP ACCESSIBLE STALL
2% MAX SLOPE
(IN ALL DIRECTIONS) 2% MAX SLOPE (IN ALL DIRECTIONS)

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

CL
CL
CL

NO PARKING

WITHIN THE LOADING AND

UNLOADING ACCESS AISLE PAINT
THE WORDS "NO PARKING" IN

WHITE LETTERS NO LESS THAN
12" HIGH.

MIN.
(EXCEPTION 11B-502.2)
9'-0" 8'-0"
70" SQ. INCH ACCESSIBILITY SIGN
PER 11B-502.6.1 REFER TO SITEPLAN FOR ALTERNATE LOCATION

ON BUILDING EXTERIOR
2'-0" PARKING
OVERHANG TYP.

PAINTED BLUE BORDER
(TYPICAL)

INTERNATIONAL SYMBOL
OF ACCESSIBILITY 36" SQ.

PER SECTION 11B-502.3.3.

VAN ACCESSIBLE STALL

OR HANDICAP

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

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

9.5'
9'
20' EXISTING DRIVEWAY

APPROACH
20'

EXISTING DRIVEWAY

APPROACH
40'

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

SINGLE STORY

SPRINKLERED

BUILDING 'C'
4,120 TOTAL SQ. FT.

NON-SPRINKLERED

SINGLE STORY

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

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

SCREENED FENCING
PROPOSED 8'

SCREENED FENCING
'EXIT ONLY'
15' EASEMENT

EXISTING POWERPOLE LOCATION
5'
2 5'
5'
5'

EXISTING DRIVEWAY

APPROACH
21'

EXISTING DRIVEWAY

APPROACH
12'

EXISTING DRIVEWAY

APPROACH

EXISTING AREA

OF LANDSCAPE
2 2
2 2
2 2
2 REV. #2 B&S 9-5-2018
20'
'ENTRANCE ONLY'

NO PARKING

PROPOSED SECURITY

SURVEILLANCE SYSTEM
MOUNTED ON WALLMONITORED BY VIDEORECORDING 24 HR. A DAY. 2 DRIVE AISLE WIDTH

DRIVE AISLE WIDTH
18'

DRIVE AISLE WIDTH
PROVIDE PERMANENTLY ANCHOREDBICYCLE RACK WITHIN 200' OF THEENTRANCE W/ CAPACITY FOR 5% OFPARKING STALLS & A MIN. OF (1) TWO-BIKE CAPACITY RACK.
2 2
30'
5' FENCE

SETBACK
PROPOSED SHADE TREES 2
4'
4'

PROPOSED BUILDING SITE
LIGHTING. SEE PLAN FOR 2 LOCATION REFERENCE.
2 EXISTING SHADE TREES TOREMAIN. (TYP. OF 2)
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

LINE INDICATES

PEDESTRIAN TRAVEL FLOW
2 EXISTING AREA

OF LANDSCAPE
PROPOSED BUILDING SITELIGHTING. SEE PLAN FORLOCATION REFERENCE. 2 31'
536 of 1055

ATTACHMENT E

Page 1209 of 3559 ends

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

MOP
D.W. 3-COMP. SINK
SINK
SCALE:PROJECT NO: SHEET:DATE:

No. REVISION DATE

PREPARED BY

PROJECT DATA
PROJECT:

GOVERNING

THESE PLANS SHALL COMPLY WITH
THE 2016 CALIFORNIA BUILDING CODE
WHICH ADOPTS THE 2016 CMC, 2016
CPC, 2016 CEC, 2016 CGC, 2016 CRC
AND THE 2016 ENERGY STANDARDS

AS WELL AS MUNICIPAL CODE ON

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

D E V E L O P E D
DRAFTER:PG. NO.

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

[email protected]
PH: (760) 715-3382

PROJECT DESCRIPTION:

CONTACT INFORMATION:

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

HESPERIA, CA. 92345
PH: (760) 669 - 0613
PROPERTY INFO:

A-1
PROPOSED FLOOR PLAN - BLDG. 'A' BUILDING #A - NON-VOLATILE EXTRACTION FLOOR PLAN SCALE: 3/16" = 1'-0" 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"
7'-6" x 7'-6"
60 SQ. FT.

RESTROOM

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

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

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

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

UTILITY
7'-6" x 11'-6"
86 SQ. FT.

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

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

REF. REF. REF. REF.

SHIPPING &

RECEIVING
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"
100 SQ. FT.
1 14'-0" x14'-0" ROLL UP DOOR

EMERGENCY

EXIT DOOR
ONLY

SHIPPING &

DELIVERY

MANUFACTURING (MANUFACTURING)

PREMISES MAIN

ENTRANCE WITH

SECURITY
1 CHECK POINT

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 20
14 15 21
13 24 23 22
23'-7" x 18'-10"
444 SQ. FT.

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

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

CAFE BAR
P.O.S. H.S. BLENDER ESPRESSO ESPRESSO
ICE REF.

BREWER
TRASH 3-COMP. SINK

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.

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
5'-7" x 5'-0"
28 SQ. FT.

DATA RM.
5'-7" x 5'-0"
28 SQ. FT.

FILE RM.
6'-6" x 22'-8"
145 SQ. FT.

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

WALK-IN
COOLER

LOUNGE CAFE

MAIN ENTRANCE
DASHED LINE INDICATESDEMISING WALL W/ 1-HRFIRE RATING
537 of 1055

ATTACHMENT E

Page 1210 of 3559 ends

SCALE:

PROJECT NO: SHEET:DATE:

No. REVISION DATE

PREPARED BY

PROJECT DATA
PROJECT:

GOVERNING

THESE PLANS SHALL COMPLY WITH
THE 2016 CALIFORNIA BUILDING CODE
WHICH ADOPTS THE 2016 CMC, 2016
CPC, 2016 CEC, 2016 CGC, 2016 CRC
AND THE 2016 ENERGY STANDARDS

AS WELL AS MUNICIPAL CODE ON

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

D E V E L O P E D
DRAFTER:PG. NO.

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

[email protected]
PH: (760) 715-3382

PROJECT DESCRIPTION:

CONTACT INFORMATION:

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

HESPERIA, CA. 92345
PH: (760) 669 - 0613
PROPERTY INFO:

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
BUILDING #A - NON-VOLATILE EXTRACTION PREMISES DIAGRAM
SCALE: 3/16" = 1'-0"

SHIPPING &

DELIVERY

MANUFACTURING (MANUFACTURING)

PREMISES MAIN

ENTRANCE

SECURITY

CHECK POINT &

COMMON AREAS
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
538 of 1055

ATTACHMENT E

Page 1211 of 3559 ends

SCALE:

PROJECT NO: SHEET:DATE:

No. REVISION DATE

PREPARED BY

PROJECT DATA
PROJECT:

GOVERNING

THESE PLANS SHALL COMPLY WITH
THE 2016 CALIFORNIA BUILDING CODE
WHICH ADOPTS THE 2016 CMC, 2016
CPC, 2016 CEC, 2016 CGC, 2016 CRC
AND THE 2016 ENERGY STANDARDS

AS WELL AS MUNICIPAL CODE ON

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

D E V E L O P E D
DRAFTER:PG. NO.

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

[email protected]
PH: (760) 715-3382

PROJECT DESCRIPTION:

CONTACT INFORMATION:

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

HESPERIA, CA. 92345
PH: (760) 669 - 0613
PROPERTY INFO:

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"

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

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

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

BUILDING 'A' - RIGHT SIDE ELEVATION
SCALE: 3/16" = 1'-0"
15'-0"
17'-0"
17'-0"
15'-0" 15'-0"
17'-0"
7'-1"
17'-0"
15'-0"
17'-0"
15'-0"
7'-1" 14'-0"
17'-0" 17'-0"
15'-0"
2'-6"
20'-2"
14'-0"
124'-3"
55'-2"
75'-4"75'-4"
24'-2"
124'-3"
80'-1" 14'-0" 6'-0"
EXISTING 14'x14' ROLL-UP DOOR
EXISTING 14'x14' ROLL-UP DOOR FIRE RISER

ROOM DOOR

MANUFACTURING

ENTRANCE DOOR

BREWERY

ENTRANCE DOOR

BREWERY

SERVICE DOOR

BREWERY

ENTRANCE DOOR

EVER GREEN

LOUNGE CAFE
8" WD. WOOD SIDING

TO BE WEATHER TREATED
AND SPACED 2" APART
2x6 WOOD SLATS TO BE MOUNTED ON

PARALLEL POSITION PAINTED LIGHT

GREY, EXISTING STUCCO UNDER TO BE

PAINTED CHARCOAL COLOR

EXISTING ROLL-UP DOOR TO BE REMOVED

AND REPLACED WITH STOREFRONT SYTEM
539 of 1055

ATTACHMENT E

Page 1212 of 3559 ends

SCALE:

PROJECT NO: SHEET:DATE:

No. REVISION DATE

PREPARED BY

PROJECT DATA
PROJECT:

GOVERNING

THESE PLANS SHALL COMPLY WITH
THE 2016 CALIFORNIA BUILDING CODE
WHICH ADOPTS THE 2016 CMC, 2016
CPC, 2016 CEC, 2016 CGC, 2016 CRC
AND THE 2016 ENERGY STANDARDS

AS WELL AS MUNICIPAL CODE ON

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

D E V E L O P E D
DRAFTER:PG. NO.

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

[email protected]
PH: (760) 715-3382

PROJECT DESCRIPTION:

CONTACT INFORMATION:

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

HESPERIA, CA. 92345
PH: (760) 669 - 0613
PROPERTY INFO:

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
CHECK
POINT
&
COMMON
AREAS

NON-VOLATILE

MANUFACTURING

PREMISES
2,150 SQ. FT.

SECURITY
CHECK
POINT
&
COMMON
AREAS

NON-VOLATILE

MANUFACTURING

PREMISES
2,150 SQ. FT.

DISTRIBUTION

PREMISES

DISTRIBUTION

PREMISES SECURITY
CHECK
POINT
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 ENTRANCE (SECURITY CHECK-POINT) SHIPPING & RECEIVING (DISTRIBUTION) PREMESIS MAIN ENTRANCE (SECURITY CHECK-POINT) SHIPPING & RECEIVING (MANUFACTURING)

PREMESIS MAIN

ENTRANCE
(SECURITY

CHECK-POINT)

BUILDING 'B' - DISTRIBUTION & MANUFACTURING PREMISES
SCALE: 3/16" = 1'-0"

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

TESTED

BATCHES
15'-4" x 16'-7"
254 SQ. FT.

PRE-TESTING

BATCHES
28'-4" x 16'-7"
470 SQ. FT.

SHIPPING &

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

TRACK & TRACE

ADMINISTRATION
13'-10" x 11'-3"
156 SQ. FT.

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

RECORD

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

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

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

UTILITY
8'-5" x 5'-0"
42 SQ. FT.

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

UTILITY
4'-6" x 8'-2"
35 SQ. FT.

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

REF.

SINK D.W. D.F.

EMPLOYEES LOCKERS

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

PRODUCT

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

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

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.

UTILITY
5'-0" x 7'-10"
39 SQ. FT.
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
9'-8" x 8'-0"
77 SQ. FT.
1 2
3 4
5 6
7 8
9 10
11 1213 14
1213
14 15
16 17
18 19
20 21
22 23
24 25 26
28 27
29 30
31 32
34 33
37 36
35 38
40 39
41 42
4,960 SQ. FT.

MAIN PREMESIS

ENTRANCE
(SECURITY

CHECK-POINT)

SHIPPING &

RECEIVING
(DISTRIBUTION)

SHIPPING &

RECEIVING
(MANUFACTURING)
F.E.

F.E.

F.E. F.E.

F.E.
1 1
1 A-4
1 540 of 1055

ATTACHMENT E

Page 1213 of 3559 ends

RIGO A.

SCALE:PROJECT NO: SHEET:DATE:

No. REVISION DATE

PREPARED BY

PROJECT DATA
PROJECT:

GOVERNING

THESE PLANS SHALL COMPLY WITH
THE 2016 CALIFORNIA BUILDING CODE
WHICH ADOPTS THE 2016 CMC, 2016
CPC, 2016 CEC, 2016 CGC, 2016 CRC
AND THE 2016 ENERGY STANDARDS

AS WELL AS MUNICIPAL CODE ON

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

D E V E L O P E D
DRAFTER:PG. NO.

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

[email protected]
PH: (760) 715-3382

PROJECT DESCRIPTION:

CONTACT INFORMATION:

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

HESPERIA, CA. 92345
PH: (760) 669 - 0613
PROPERTY INFO:

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

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

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

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

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

DISTRIBUTION &

MANUFACTURING
541 of 1055

ATTACHMENT E

Page 1214 of 3559 ends

600 GAL.

WATER
TANK
600 GAL.

WATER
TANK

RESTROOM
12'-0" x 14'-0" ROLL-UP DOOR

STORAGE
16'-6" x 20'-11"
345 SQ. FT.

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

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

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

REF.

SINK D.W. D.F.

CULTIVATION
RM. #1
DRYING RM.
8'-6" x 15'-7"
132 SQ. FT.
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
7'-6" x 7'-6"
60 SQ. FT.
12'-0" x 13'-0" ROLL-UP DOOR
12'-4" x 6'-0"
70 SQ. FT.

SCALE:PROJECT NO: SHEET:DATE:

No. REVISION DATE

PREPARED BY

PROJECT DATA
PROJECT:

GOVERNING

THESE PLANS SHALL COMPLY WITH
THE 2016 CALIFORNIA BUILDING CODE
WHICH ADOPTS THE 2016 CMC, 2016
CPC, 2016 CEC, 2016 CGC, 2016 CRC
AND THE 2016 ENERGY STANDARDS

AS WELL AS MUNICIPAL CODE ON

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

D E V E L O P E D
DRAFTER:PG. NO.

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

[email protected]
PH: (760) 715-3382

PROJECT DESCRIPTION:

CONTACT INFORMATION:

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

HESPERIA, CA. 92345
PH: (760) 669 - 0613
PROPERTY INFO:

A-6

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

BUILDING 'D'- RETAIL DELIVERY PREMISES
SCALE: 1/4" = 1'-0"

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

STOCK

PRODUCT
11'-5" x 15'-5"
176 SQ. FT.

REF.

SINK D.W.

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

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 4
5 6
7 8
9 TRIMMING
ROOM
24'-2" x 15'-7"
377 SQ. FT.
10 11
12 13 15
14 17
16 18
19 20
28 27
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'

CULTIVATION

FACILITY MAIN

ENTRANCE
DOOR

SHIPPING &

RECEIVING
(CULTIVATION)

CULTIVATION

FACILITY

EMERGENCY EXIT

SERVICE

ROLL-UP
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]
1 542 of 1055

ATTACHMENT E

Page 1215 of 3559 ends

SCALE:

PROJECT NO: SHEET:DATE:

No. REVISION DATE

PREPARED BY

PROJECT DATA
PROJECT:

GOVERNING

THESE PLANS SHALL COMPLY WITH
THE 2016 CALIFORNIA BUILDING CODE
WHICH ADOPTS THE 2016 CMC, 2016
CPC, 2016 CEC, 2016 CGC, 2016 CRC
AND THE 2016 ENERGY STANDARDS

AS WELL AS MUNICIPAL CODE ON

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

D E V E L O P E D
DRAFTER:PG. NO.

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

[email protected]
PH: (760) 715-3382

PROJECT DESCRIPTION:

CONTACT INFORMATION:

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

HESPERIA, CA. 92345
PH: (760) 669 - 0613
PROPERTY INFO:

A-7
L-015-2018
08 / 23 / 2018
RIGO A.
1/4" = 1'-0"

BUILDING 'C' EXTERIOR ELEVATIONS

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

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

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

BUILDING 'C' - RIGHT SIDE ELEVATION
SCALE: 1/4" = 1'-0"
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
543 of 1055

ATTACHMENT E

Page 1216 of 3559 ends

SCALE:

PROJECT NO: SHEET:DATE:

No. REVISION DATE

PREPARED BY

PROJECT DATA
PROJECT:

GOVERNING

THESE PLANS SHALL COMPLY WITH
THE 2016 CALIFORNIA BUILDING CODE
WHICH ADOPTS THE 2016 CMC, 2016
CPC, 2016 CEC, 2016 CGC, 2016 CRC
AND THE 2016 ENERGY STANDARDS

AS WELL AS MUNICIPAL CODE ON

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

D E V E L O P E D
DRAFTER:PG. NO.

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

[email protected]
PH: (760) 715-3382

PROJECT DESCRIPTION:

CONTACT INFORMATION:

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

HESPERIA, CA. 92345
PH: (760) 669 - 0613
PROPERTY INFO:

A-8
L-015-2018
08 / 23 / 2018
RIGO A.
3/8" = 1'-0"

BUILDING 'D' EXTERIOR ELEVATIONS

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
SCALE: 3/8" = 1'-0"
8'-0"
13'-31
2"
6'-10"
1'-6"
8'-0"
13'-31
2"
6'-10"
1'-6"

RETAIL DELIVERY

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
544 of 1055

ATTACHMENT E

Page 1217 of 3559 ends

ARCHITECTURAL APPLICATIONS VOC LIMIT

SPECIALTY APPLICATIONSSUBSTRATE SPECIFIC 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

1. IF AN ADHESIVE IS USED TO BOND DISSIMILAR SUBSTRATES

TOGETHER THE ADHESIVE WITH THE HIGHEST VOC CONTENT SHALL BE ALLOWED.

2. FOR ADDITIONAL INFORMATION REGARDING METHODS TO

MEASURE THE VOC CONTENT SPECIFIED IN THIS TABLE, SEE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT RULE 1168,
HTTP://WWW.ARB.CA.GOV/DRDB/SC/CURHTML/R1168.PDF.

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

2. THE SPECIFIED LIMITS REMAIN IN EFFECT UNLESS REVISED LIMITS ARE LISTED IN SUBSEQUENT COLUMNS IN THE TABLE.

3. VALUES IN THIS TABLE ARE DERIVED FROM THOSE SPECIVIED BY

THE CALIORNIA AIR RESOURCES BOARD, ARCHITECTURAL COATINGS SUGGESTED CONTROL MEASURE, FEBRUARY 1, 2008. MORE
INFORMATION IS AVAILABLE FROM THE AIR RESOURCESBOARD.

A D H E S I V E V O C L I M I T S

V O C C O N T E N T L I M I T S
SECTION 5.508OUTDOOR AIR QUALITY

5.508.1 OZONE DEPLETION AND GREENHOUSE GAS REDUCTIONS.

INSTALLATIONS OF H.V.A.C., REFRIGERATION AND FIRE SUPPRESSION EQUIPMENT SHALL COMPLY WITH SECTIONS 5.508.1.1 AND 5.508.1.25.508.1.1 CHLOROFLUOROCARBONS (CFCS).

INSTALL H.V.A.C., REFRIGERATION AND FIRE SUPPRESSION EQUIPMENT THAT DO NOT CONTAIN CFCs.

5.508.1.2 HALONS.

INSTALL H.V.A.C., REFRIGERATION AND FIRE SUPPERSSION EQUIPMENT THAT DO NOT CONTAIN HALONS.

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

S E A L A N T V O C L I M I T

PRODUCT 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
SECTION 5.101

GENERAL

5.101 SCOPE

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

ENVIRONMENTALLY RESPONSIBLE SITE SELECTION, BUILDING DESIGN, BUILDING SITING AND DEVELOPMENT TOPROTECT, RESTORE AND ENHANCE THE ENVIRONMENTAL QUALITY OF THE SITE AND RESPECT THE INTEGRITY OF ADJACENT PROPERTIES.

SECTION 5.106SITE DEVELOPMENT

5.106.1 GENERAL.

PRESERVATION AND USE OF AVAILABLE NATURAL RESOURCES SHALL BE ACCOMPLISHED THROUGHEVALUATION AND CAREFUL PLANNING TO MINIMIZE NEGATIVE EFFECTS ON THE SITE AND ADJACENT AREAS.PRESERVATION OF SLOPES, MANAGEMENT OF STORM WATER DRAINAGE AND EROSION CONTROLS SHALL COMPLY WITH THIS SECTION.5.106.2 STORM WATER POLLUTION PREVENTION PLAN.

FOR NEWLY CONSTRUCTED PROJECTS OF LESS THAN ONE ACRE, DEVELOP A STORM WATER POLLUTIONPREVENTION PLAN (S.W.P.P.P.) THAT HAS BEEN DESIGNED, SPECIFIC TO ITS SITE, CONFORMING TO THE STATE STORM WATER N.P.D.E.S CONSTRUCTION PERMIT OR LOCAL ORDINANCE, WHICHEVER IS STRICTER, AS IS REQUIRED FOR PROJECTS ONE ACRE OR MORE. THE PLAN SHOULD COVER PREVENTION OF SOIL LOSS BY

STORM WATER RUN-OFF AND/OR WIND EROSION, OF SEDIMENTATION, AND/OR OF DUST/PARTICULATE MATTER AIR POLLUTION.

NOTE: ASSISTANCE WITH THE PERMIT MAY BE OBTAINED FROM THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (S.W.R.C.B.) AT, HTTP://WWW.SWRCB.CA.GOV/STROMWTR/, FROM A REGIONAL WATER QUALITYCONTROL BOARD, AND AT THE LOCAL PUBLIC WORKS DEPARTMENTS.5.106.4 BICYCLE PARKING AND CHANGING ROOMS.COMPLY WITH SECTIONS 5.106.4.1 AND 5.106.4.2, OR MEET LOCAL ORDINANCE OR THE UNIVERSITY OFCALIFORNIA POLICY ON SUSTAINABLE PRACTICES, WHICHEVER IS STRICTER.5.106.4.1 SHORT-TERM BICYCLE PARKING.

IF THE PROJECT IS ANTICIPATED TO GENERATE VISITOR TRAFFIC, PROVIDE PERMANENTLY ANCHORED BICYCLE RACKS WITHIN 100 FEET OF THE VISITORS' ENTRANCE, READILY VISIBLE TO PASSERS-BY, FOR 5 PERCENT OF VISITOR MOTORIZED VEHICLE PARKING CAPACITY, WITH A MINIMUM OF ONE TWO-BIKE CAPACITY RACK.

5.1064.2 LONG TERM BICYCLE PARKING
FOR BUILDINGS WITH OVER 10 TENANT-OCCUPANTS, PROVIDE SECURE BICYCLE PARKING FOR 5 PERCENT OFMOTORIZED VEHICLE PARKING CAPACITY, WITH A MINIMUM OF ONE SPACE. ACCEPTABLE PARKING FACILITIES SHALL BE CONVENIENT FROM THE STREET AND MAY INCLUDE:

1. COVERED, LOCKABLE ENCLOSURES WITH PERMANENTLY ANCHORED RACKS FOR BICYCLES,

2. LOCKABLE BICYCLE ROOMS WITH PERMANENTLY ANCHORED RACKS, AND

3. LOCKABLE, PERMANENTLY ANCHORED BICYCLE LOCKERS.

NOTE: ADDITIONAL INFORMATION ON RECOMMENDED BICYCLE ACCOMMODATIONS MAY BE OBTAINED FROM SACRAMENTO AREA BICYCLE ADVOCATES.

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

5.106.5.2.1 PARKING STALL MARKING.

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

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

CLEAN AIR

VEHICLE

5.106.8 LIGHT POLLUTION REDUCTION.

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

1. SHIELD ALL EXTERIOR LUMINARIES OR PROVIDE CUTOFF LUMINARIES PER SECTION 132 (B) OF THE CALIFORNIA ENERGY CODE.

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

4. AUTOMATICALLY CONTROL EXTERIOR LIGHTING DUSK TO DAWN TO TURN OFF OR LOWER LIGHT LEVELS DURING INACTIVE PERIODS.EXCEPTIONS:

1. PART 2, CHAPTER 12, SECTION 1205.6 FOR CAMPUS LIGHTING REQUIREMENTS FOR PARKING FACILITIES AND WALKWAYS.

2. EMERGENCY LIGHTING AND LIGHTING REQUIRED FOR NIGHTTIME SECURITY.5.106.10 GRADING AND PAVING THE SITE SHALL BE PLANNED AND DEVELOPED TO KEEP SURFACE WATER FROM ENTERING BUILDINGS.

CONSTRUCTION PLANS SHALL INDICATE HOW SITE GRADING OR A DRAINAGE SYSTEM WILL MANAGE ALLSURFACE WATER FLOWS.

SECTION 5.301GENERAL

5.301.1 SCOPE:

THE PROVISIONS OF THIS CHAPTER SHALL ESTABLISH THE MEANS OF CONSERVING WATER USED INDOORS, OUTDOORS AND WASTEWATER CONVEYANCE.

SECTION 5.303

INDOOR WATER USE

5.303.1 METERS.SEPARATE METERS OR METERING DEVICES SHALL BE INSTALLED FOR THE USES DESCRIBED IN SECTIONS503.1.1 AND 503.1.25.303.1.1 BUILDINGS IN EXCESS OF 50,000 SQUARE FEET.SEPARATE SUBMETERS SHALL BE INSTALLED AS FOLLOWS:

1. FOR EACH INDIVIDUAL LEASED, RENTED OR OTHER TENANT SPACE WITHIN THE BUILDING PROJECTED TO CONSUME MORE THAN 100 GAL/DAY.

2. FOR SPACES USED FOR LAUNDRY OR CLEANERS, RESTAURANT OR FOOD SERVICE, MEDICAL OR DENTAL OFFICE, LABORATORY, OR BEAUTY SALON OR BARBER SHOP PROJECTED TO CONSUME MORE THAN 100GAL/DAY.5.303.1.2 EXCESS CONSUMPTION.

ANY BUILDING WITHIN A PROJECT OR SPACE WITHIN A BUILDING THAT IS PROJECT TO CONSUME MORE THAN 1,000 GAL/DAY.

5.303.2 TWENTY PERCENT SAVINGS.

A SCHEDULE OF PLUMBING FIXTURES AND FIXTURE FITTINGS THAT WILL REDUCE THE OVERALL USE OF POTABLE WATER WITHIN THE BUILDING BY 20 PERCENT SHALL BE PROVIDED. THE REDUCTION SHALL BE BASED ON THE MAXIMUM ALLOWABLE WATER USE PER PLUMBING FIXTURE AND FITTINGS AS REQUIRED BY THECALIFORNIA BUILDING STANDARDS CODE. THE 20 PERCENT REDUCTION IN POTABLE WATER USE SHALL BE DEMONSTRATED BY ONE OF THE FOLLOWING METHODS:

1. EACH PLUMBING FIXTURE AND FITTING SHALL MEET THE 20 PERCENT REDUCED FLOW RATE SPECIFIED IN TABLE 5.303.2.3 OR2. A CALCULATION DEMONSTRATING A 20 PERCENT REDUCTION IN THE BUILDING "WATER USE BASELINE" AS ESTABLISHED IN TABLE 5.303.2.2 SHALL BE PROVIDED.

5.303.21 MULTIPLE SHOWER HEAD SERVING ONE SHOWER.

WHEN SINGLE SHOWER FIXTURES ARE SERVED BY MORE THAN ONE SHOWERHEAD, THE COMBINED FLOW RATE OF ALL THE SHOWERHEADS SHALL NOT EXCEED THE MAXIMUM FLOW RATES SPECIFIED IN THE 20 PERCENT REDUCTION COLUMN CONTAINED IN TABLE 5.303.2.3 OR THE SHOWER SHALL BE DESIGNED TO ONLY ALLOW ONE SHOWERHEAD TO BE IN OPERATION AT A TIME.

EXCEPTION: THE MAXIMUM FLOW RATE FOR SHOWER HEADS WHEN USING THE CALCULATION METHOD SPECIFIED IN SECTION 5.303.2 ITEM 2 IS 2.5 G.P.M. @80PSI.5.303.4 WASTEWATER REDUCTION EACH BUILDING SHALL REDUCE BY 20 PERCENT WASTEWATER BY ONE OF THE FOLLOWING METHODS:

1. DSA-SS THE INSTALLATION OF WATER-CONSERVING FIXTURES (WATER CLOSETS, URINALS) MEETING THE CRITERIA ESTABLISHED IN SECTIONS 5.303.2 OR 5.303.3 OR

2. UTILIZING NONPOTABLE WATER SYSTEMS, CAPTURED RAINWATER, GRAYWATER, AND MUNICIPALLY TREATED

WASTEWATER (RECYCLED WATER) COMPLYING WITH THE CURRENT EDITION OF THE CALIFORNIA PLUMBING CODE OR OTHER METHODS DESCRIBED IN SECTION A5.304.5.303.6 PLUMBING FIXTURES AND FITTINGS.

PLUMBING FIXTURES (WATER CLOSETS AND URINALS) AND FITTINGS (FAUCETS AND SHOWERHEADS) SHALL MEET THE STANDARDS REFERENCED IN TABLE 5.503.6.

SECTION 5.401GENERAL

5.401.1 SCOPE.

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

RESOURCE EFFICIENCY THROUGH PROTECTION OF BUILDINGS FROM EXTERIOR MOISTURE, CONSTRUCTION

WASTE DIVERSION, EMPLOYMENT OF TECHNIQUES TO REDUCE POLLUTION THROUGH RECYCLING OF MATERIALS, AND BUILDING COMMISSIONING OR TESTING AND ADJUSTING.

5.407.2 MOISTURE CONTROL.

EMPLOY MOISTURE CONTROL MEASURES BY THE FOLLOWING METHODS.

5.407.2.1 SPRINKLERS.

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

5.407.2.2 ENTRIES AND OPENINGS.

DESIGN EXTERIOR ENTRIES AND/OR OPENINGS SUBJECT TO FOOT TRAFFIC OR WIND-DRIVEN RAIN TO PREVENT WATER INTRUSION INTO BUILDINGS.

NOTES:

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

2. USE NONABSORBENT FLOOR AND ALL FINISHES WITHIN AT LEAST TWO FEET AROUND AND PERPENDICULARTO SUCH OPENINGS.

5.504.4.4.2 CARPET ADHESIVE.

ALL CARPET ADHESIVE SHALL MEET THE REQUIREMENTS OF TABLE 5.504.4.5

5.504.4.5 COMPOSITE WOOD PRODUCTS.

HARDWOOD PLYWOOD, PARTICLEBOARD AND MEDIUM DENSITY FIBERBOARD

COMPOSITE WOOD PRODUCTS USED ON THE INTERIOR OR EXTERIOR OF THE

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

5.504.4.5.2 DOCUMENTATION.

VERIFICATION OF COMPLIANCE WITH THIS SECTION SHALL BE PROVIDED AS REQUESTED BY THE ENFORCING AGENCY. DOCUMENTATION SHALL INCLUDE ATLEAST ONE OF THE FOLLOWING:

1. PRODUCT CERTIFICATION AND SPECIFICATIONS

2. CHAIN OF CUSTODY CERTIFICATIONS3. OTHER METHODS ACCEPTABLE TO THE ENFORCING AGENCY5.504.4.6 RESILIENT FLOORING SYSTEMS.

FOR 50 PERCENT OF FLOOR AREA RECEIVING RESILIENT FLOORING, INSTALLRESILIENT FLOORING COMPLYING WITH VOC-EMISSION LIMITS DEFINED IN THE 2009 COLLABORATIVE FOR HIGH PERFORMANCE SCHOOLS (C.H.P.S.) CRITERIA AND

LISTED ON IT'S LOW-EMITTING MATERIALS LIST (OR PRODUCT REGISTRY) OR

CERTIFIED UNDER THE RESILIENT FLOOR COVERINGS INSTITUTE (RFCI) FLOORSCORE PROGRAM.DSA-SS DOCUMENTATION SHALL BE PROVIDED THAT VERIFIES THAT FINISHMATERIALS ARE CERTIFIED TO MEET THE POLLUTANT EMISSION LIMITS.

5.504.4.6.1 VERIFICATION OF COMPLIANCE.

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

5.504.5.3 FILTERS.

IN MECHANICALLY VENTILATED BUILDINGS, PROVIDE REGULARLY OCCUPIED ARES

OF THE BUILDING WITH AIR FILTRATION MEDIA FOR OUTSIDE AND RETURN AIR PRIOR TO OCCUPANCY THAT PROVIDES AT LEAST A MINIMUM EFFICIENCYREPORTING VALUE (M.E.R.V.) OF 8

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

WHERE OUTDOOR AREAS ARE PROVIDED FOR SMOKING, PROHIBIT SMOKING WITHIN 25 FEET OF BUILDING ENTRIES, OUTDOOR AIR INTAKES AND OPERABLE WINDOWS AND IN BUILDINGS. OR AS ENFORCED BY ORDINANCES, REGULATIONS OR POLICIES OF ANY CITY, COUNTY, CITY AND COUNTY, CALIFORNIA COMMUNITY COLLEGE,CAMPUS OF THE CALIFORNIA STATE UNIVERSITY, OR CAMPUS OF THE UNIVERSITYOF CALIFORNIA WHICHEVER ARE MORE STRINGENT. WHEN ORDINANCES,

REGULATION OR POLICIES ARE NOT IN PLACE, POST SIGNAGE TO INFORM BUILDING OCCUPANTS OF THE PROHIBITIONS.

SECTION 5.501

GENERAL

5.501.1 SCOPE

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

CONTAMINANTS THAT ARE ODOROUS, IRRITATING AND/OR HARMFUL TO THE COMFORT AND WELL-BEING OF A BUILDING'S INSTALLERS, OCCUPANTS AND NEIGHBORS.

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

THE EXPECTATIONS AND REQUIREMENTS OF THE BUILDING APPROPRIATE TO ITS PHASE SHALL BE DOCUMENTED BEFORE THE DESIGN PHASE OF THE PROJECT BEGINS. THIS DOCUMENT SHALL INCLUDE THEFOLLOWING:

1. ENVIRONMENTAL AND SUSTAINABILITY GOALS

2. ENERGY EFFICIENCY GOALS

3. INDOOR ENVIRONMENTAL QUALITY REQUIREMENTS

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

HOURS OPERATION

5. EQUIPMENT AND SYSTEMS EXPECTATIONS6. BUILDING OCCUPANT AND OPERATION AND MAINTENANCE (O&M) PERSONNEL EXPECTATIONS5.410.2.2 BASIS OF DESIGN (B.O.D.).

A WRITTEN EXPLANATION OF HOW THE DESIGN OF THE BUILDING SYSTEMS MEETS THE O.P.R. SHALL BE

COMPLETED AT THE DESIGN PHASE OF THE BUILDING PROJECT, AND UPDATED AS NECESSARY DURING THE DESIGN AND CONSTRUCTION PHASES. THE BASIS OF DESIGN DOCUMENT SHALL COVER THE FOLLOWING SYSTEMS:

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

2. INDOOR LIGHTING SYSTEM AND CONTROLS

3. WATER HEATING SYSTEM

4. RENEWABLE ENERGY SYSTEMS

5. LANDSCAPE IRRIGATION SYSTEMS6. WATER REUSE SYSTEMS5.410.2.3 COMMISSIONING PLAN.

PRIOR TO PERMIT ISSUANCE A COMMISSIONING PLAN SHALL BE COMPLETED TO DOCUMENT HOW THE PROJECT WILL BE COMMISSIONED AND SHALL BE STARTED DURING THE DESIGN PHASE OF THE BUILDING PROJECT. THE COMMISSIONING PLAN SHALL INCLUDE THE FOLLOWING:

1. GENERAL PROJECT INFORMATION

2. COMMISSIONING GOALS

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

A. AN EXPLANATION OF THE ORIGINAL DESIGN INTENT
B. EQUIPMENT AND SYSTEMS TO BE TESTED, INCLUDING THE EXTENT OF TESTS C. FUNCTIONS TO BE TESTED
D. CONDITIONS UNDER WHICH THE TEST SHALL BE PERFORMEDE. MEASURABLE CRITERIA FOR ACCEPTABLE PERFORMANCE

4. COMMISSIONING TEAM INFORMATION

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

5. 410.2.4 FUNCTIONAL PERFORMANCE TESTING
FUNCTIONAL PERFORMANCE TESTS SHALL DEMONSTRATE THE CORRECT INSTALLATION AND OPERATION OFEACH COMPONENT, SYSTEM AND SYSTEM-TO-SYSTEM INTERFACE IN ACCORDANCE WITH THE APPROVEDPLANS AND SPECIFICATIONS. FUNCTIONAL PERFORMANCE TESTING REPORTS SHALL CONTAIN INFORMATION ADDRESSING EACH OF THE BUILDING COMPONENTS TESTED, THE TESTING METHODS UTILIZED, AND INCLUDEANY READINGS AND ADJUSTMENTS MADE.

5.410.2.5 DOCUMENTATION AND TRAINING.

A SYSTEMS MANUAL AND SYSTEMS OPERATIONS TRAINING ARE REQUIRED, INCLUDING OCCUPATIONAL SAFETYAND HEALTH ACT (O.S.H.A.) REQUIREMENTS IN CALIFORNIA CODE OF REGULATIONS (C.C.R.), TITLE 8, SECTION 5142, AND OTHER RELATED REGULATIONS.5.410.2.5.1 SYSTEMS MANUAL.

DOCUMENTATION OF THE OPERATIONAL ASPECTS OF THE BUILDING SHALL BE COMPLETED WITHIN THE SYSTEMS MANUAL AND DELIVERED TO THE BUILDING OWNER OR REPRESENTATIVE AND FACILITIES OPERATOR.

THE SYSTEMS MANUAL SHALL INCLUDE THE FOLLOWING:

1. SITE INFORMATION, INCLUDING FACILITY DESCRIPTION, HISTORY, AND CURRENT REQUIREMENTS

2. SITE CONTACT INFORMATION

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

TROUBLESHOOTING, RECOMMENDED MAINTENANCE REQUIREMENTS, SITE EVENTS LOG

4. MAJOR SYSTEMS

5. SITE EQUIPMENT INVENTORY AND MAINTENANCE NOTES6. A COPY OF ALL SPECIAL INSPECTION VERIFICATIONS REQUIRED BY THE ENFORCING AGENCY OR THIS CODE7. OTHER RESOURCES AND DOCUMENTATION5.410.2.5.2 SYSTEMS OPERATIONS TRAINING.

THE TRAINING OF THE APPROPRIATE MAINTENANCE STAFF FOR EACH EQUIPMENT TYPE AND/OR SYSTEM SHALL BE DOCUMENTED IN THIS COMMISSIONING REPORT AND SHALL INCLUDE THE FOLLOWING:

1. SYSTEM/EQUIPMENT OVERVIEW (WHAT IT IS, WHAT IT DOES AND WITH WHAT OTHER SYSTEMS AND/OR

EQUIPMENT IT INTERFACES)

2. REVIEW AND DEMONSTRATION OF SERVICING/PREVENTIVE MAINTENANCE

3. REVIEW OF THE INFORMATION IN THE SYSTEMS MANUAL

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

5.410.2.6 COMMISSIONING REPORT.

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

CONSTRUCTION AND REPORTING RECOMMENDATIONS FOR POSTCONSTRUCTION PHASES OF THE BUILDING PROJECT SHALL BE COMPLETED AND PROVIDED TO THE OWNER OR REPRESENTATIVE.

5.410.4 TESTING AND ADJUSTING.

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

5.410.4.2 SYSTEMS.

DEVELOP A WRITTEN PLAN OF PROCEDURES FOR TESTING AND ADJUSTING SYSTEMS. SYSTEMS TO BEINCLUDED FOR TESTING AND ADJUSTING SHALL INCLUDE AT A MINIMUM, AS APPLICABLE TO THE PROJECT:

1. H.A.V.C. SYSTEMS AND CONTROLS

2. INDOOR AND OUTDOOR LIGHTING AND CONTROLS

3. WATER HEATING SYSTEMS

4. RENEWABLE ENERGY SYSTEMS

5. LANDSCAPE IRRIGATION SYSTEMS6. WATER REUSE SYSTEMS

5.410.4.3. PROCEDURES.

PERFORM TESTING AND ADJUSTING PROCEDURES IN ACCORDANCE WITH INDUSTRY BEST PRACTICES AND APPLICABLE STANDARDS ON EACH SYSTEM AS DETERMINED BY THE BUILDING OFFICIAL.

5.410.4.3.1 H.V.A.C. BALANCING.

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

OR SPACE IS OPERATED FOR NORMAL USE, THE SYSTEM SHALL BE BALANCED IN ACCORDANCE WITH THE PROCEDURES DEFINED BY THE TESTING ADJUSTING AND BALANCING BUREAU NATIONAL STANDARDS. THENATIONAL ENVIRONMENTAL BALANCING BUREAU PROCEDURAL STANDARDS. OR ASSOCIATED AIR BALANCE COUNCIL NATIONAL STANDARDS OR AS APPROVED BY THE BUILDING OFFICIAL.5.410.4.4 REPORTING.

AFTER COMPLETION OF TESTING, ADJUSTING AND BALANCING, PROVIDE A FINAL REPORT OF TESTING SIGNED BY THE INDIVIDUAL RESPONSIBLE FOR PERFORMING THESE SERVICES.

5.410.4.5 OPERATION AND MAINTENANCE (O&M) MANUAL.

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

5.410.4.5.1 INSPECTION AND REPORTS.

INCLUDE A COPY OF ALL INSPECTION VERIFICATIONS AND REPORTS REQUIRED BY THE ENFORCING AGENCY.

SECTION 5.506

INDOOR AIR QUALITY

5.506.1 OUTSIDE AIR DELIVERY.

FOR MECHANICALLY OR NATURALLY VENTILATED SPACES IN BUILDINGS, MEET THE MINIMUM REQUIREMENT OF SECTION 121 (REQUIREMENTS FOR VENTILATION) OF THE CALIFORNIA ENERGY CODE, C.C.R., TITLE 24, PART 6 OR

THE APPLICABLE LOCAL CODE, WHICHEVER IS MORE STRINGENT, AND CHAPTER 4 OF C.C.R., TITLE 8.

5.506.2 CARBON DIOXIDE (CO2) MONITORING.

FOR BUILDINGS EQUIPPED WITH DEMAND CONTROL VENTILATION, CO2 SENSORS

AND VENTILATION CONTROLS SHALL BE SPECIFIED AND INSTALLED INACCORDANCE WITH THE REQUIREMENTS OF THE CURRENT EDITION OF THE CALIFORNIA ENERGY CODE, C.C.R., TITLE 24 PART 6, SECTION 121 (C) SECTION 5.507

ENVIRONMENTAL COMFORT

5.507.4 ACOUSTICAL CONTROL.

EMPLOY BUILDING ASSEMBLIES AND COMPONENTS WITH SOUND TRANSMISSION COEFFICIENT (S.T.C.) VALUES DETERMINED IN ACCORDANCE WITH A.S.T.M. E 900 AND A.S.T.M. E 413.

5.507.4.1 EXTERIOR NOISE TRANSMISSION.

WALL AND ROOF-CEILING ASSEMBLIES MAKING UP THE BUILDING ENVELOPE SHALL HAVE A MINIMUM S.T.C. OF 30 FOR ANY OF THE FOLLOWING BUILDINGS LOCATIONS:

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

2. WITHIN 5 MI. (8 KM) OF AIRPORTS SERVING MORE THAN 10,000 COMMERCIAL JETS PER YEAR.

3. WHERE SOUND LEVELS AT THE PROPERTY LINE REGULARLY EXCEED 65 DECIBELS, OTHER THAN OCCASIONAL SOUND DUE TO CHURCH BELLS, TRAINHORNS, EMERGENCY VEHICLES AND PUBLIC WARNING SYSTEMS.EXCEPTION: BUILDINGS WITH FEW OR NO OCCUPANTS AND WHERE OCCUPANTS

ARE NOT LIKELY TO BE AFFECTED BY EXTERIOR NOISE, AS DETERMINED BY THE

ENFORCEMENT AUTHORITY, SUCH AS FACTORIES, STADIUMS, STORAGE, ENCLOSEDPARKING STRUCTURES AND UTILITY BUILDINGS

5.507.4.2 INTERIOR SOUND.

WALL AND FLOOR-CEILING ASSEMBLIES SEPARATING TENANT SPACES AND TENANT SPACES AND PUBLIC PLACES SHALL HAVE AN S.T.C. OF AT LEAST 40.

NOTE: EXAMPLES OF ASSEMBLIES AND THEIR VARIOUS S.T.C RATINGS MAY BE FOUND IN THE CATALOG OF S.T.C. AND I.C.C. RATINGS FOR WALL ANDFLOOR/CEILING ASSEMBLIES MANDATORY MEASURES OF THE 2016 CALIFORNIA GREEN CODE

TOTAL NUMBER

OF PARKING SPACES
76-10051-7526-500-910-25

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

NUMBER OFREQUIRED SPACES
101-150151-200
013681116
SECTION 5.201GENERAL

5.201.1 SCOPE.

FOR THE PURPOSES OF MANDATORY ENERGY EFFICIENCY STANDARDS IN THIS CODE, THE CALIFORNIA ENERGY COMMISSION WILL CONTINUE TO ADOPT MANDATORY BUILDING STANDARDS.

NOTE: IT IS THE INTENT OF THIS CODE TO ENCOURAGE BUILDINGS TO ACHIEVE EXEMPLARY PERFORMANCE IN

THE AREA OF ENERGY EFFICIENCY FOR THE PURPOSES OF ENERGY EFFICIENCY STANDARDS, THE CALIFORNIA ENERGY COMMISSION BELIEVES SPECIFICALLY, A GREEN BUILDING SHOULD ACHIEVE AT LEAST A 15 PERCENTREDUCTION IN ENERGY USAGE WHEN COMPARED TO THE STATE'S MANDATORY ENERGY EFFICIENCY STANDARDS.

SECTION 5.304OUTDOOR WATER USE
5304.1 WATER BUDGET.

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

EFFICIENT LANDSCAPE ORDINANCE OR TO THE CALIFORNIA DEPARTMENT OF WATER RESOURCES MODEL WATER EFFICIENT LANDSCAPE ORDINANCE WHERE NO LOCAL ORDINANCE IS APPLICABLE.

NOTE: PRESCRIPTIVE MEASURES TO ASSIST IN COMPLIANCE WITH THE WATER BUDGET ARE LISTED IN SECTIONS 492.5 THROUGH 492.8, 492.10 AND 492.11 OF THE ORDINANCE, WHICH MAY BE FOUND AT:

HTTP://WWW.OWUE.WATER.CA.GOV/LANDSCAPE/ORD/ORD.CFM

5.304.2 OUTDOOR POTABLE WALTER USE.

FOR NEW WATER SERVICE FOR LANDSCAPED AREA BETWEEN 1,000 SQUARE FEET AND 5,000 SQUARE FEET (THELEVEL AT WHICH WATER CODE 535 APPLIES), SEPARATE METERS OR SUBMETERS SHALL BE INSTALLED FOR INDOOR AND OUTDOOR POTABLE WATER USE.

5.304.3 IRRIGATION DESIGN.

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

5.304.3.1 IRRIGATION CONTROLLERS.

AUTOMATIC IRRIGATION SYSTEM CONTROLLERS INSTALLED AT THE TIME OF FINAL INSPECTION SHALL COMPLYWITH THE FOLLOWING:

1. CONTROLLERS SHALL BE WEATHER- OR SOIL MOISTURE-BASED CONTROLLERS THAT AUTOMATICALLY

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

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

ACCOUNT FOR LOCAL RAINFALL SHALL HAVE A SEPARATE WIRED OR WIRELESS RAIN SENSOR WHICH CONNECTS OR COMMUNICATES WITH THE CONTROLLER(S). SOIL MOISTURE-BASED CONTROLLERS ARE NOT REQUIRED TO HAVE RAIN SENSOR INPUT.NOTE: MORE INFORMATION REGARDING IRRIGATION CONTROLLER FUNCTION AND SPECIFICATIONS IS AVAILABLE FROM THE IRRIGATION ASSOCIATION.

SECTION 5.407

WATER RESISTANCE AND MOISTURE MANAGEMENT

5.407.1 WEATHER PROTECTION.

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

SECTION 5.408CONSTRUCTION WASTE REDUCTION, DISPOSAL AND RECYCLING.

5.408.1 CONSTRUCTION WASTE DIVERSION.

ESTABLISH A CONSTRUCTION WASTE MANAGEMENT PLAN FOR THE DIVERTED MATERIALS, OR MEET LOCAL CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT ORDINANCE, WHICHEVER IS MORE STRINGENT.5.408.2 CONSTRUCTION WASTE MANAGEMENT PLAN.

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

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

1. IDENTIFIES THE MATERIALS TO BE DIVERTED FROM DISPOSAL BY EFFICIENT USAGE, RECYCLING, REUSE ON THE PROJECT OR SALVAGE FOR FUTURE USE OR SALE.2. DETERMINES IF MATERIALS WILL BE SORTED ON-SITE OR MIXED.

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

4. SPECIFIES THAT THE AMOUNT OF MATERIALS DIVERTED SHALL BE CALCULATED BY WEIGHT OR VOLUME, BUT NOT BY BOTH.

5.408.2.1 DOCUMENTATION.

DOCUMENTATION SHALL BE PROVIDED TO THE ENFORCING AGENCY WHICH DEMONSTRATES COMPLIANCE WITH SECTIONS 5.408.2, ITEMS 1 THRU 4. THE WASTE MANAGEMENT PLAN SHALL BE UPDATED AS NECESSARY ANDSHALL BE ACCESSIBLE DURING CONSTRUCTION FOR EXAMINATION BY THE ENFORCING AGENCY.

EXCEPTION: DSA-SS

JOBSITES IN AREAS WHERE THERE IS NO MIXED CONSTRUCTION AND DEMOLITION DEBRIS (C&D) PROCESSOR OR RECYCLING FACILITIES WITHIN A FEASIBLE HAUL DISTANCE SHALL MEET THE REQUIREMENTS AS FOLLOWS:

1. THE ENFORCEMENT AGENCY HAVING JURISDICTION SHALL AT ITS DISCRETION, ENFORCE THE WASTE MANAGEMENT PLAN AND MAKE EXCEPTIONS AS DEEMED NECESSARY.

5.408.2.2 ISOLATED JOBSITES.

THE ENFORCING AGENCY MAY MAKE EXCEPTIONS TO THE REQUIREMENTS OF THIS SECTION WHEN JOBSITES ARE LOCATED IN AREAS BEYOND THE HAUL BOUNDARIES OF THE DIVERSION FACILITY.

NOTES:

1. SAMPLE FORMS FOUND IN CHAPTER 8 MAY BE USED TO ASSIST IN DOCUMENTING COMPLIANCE WITH THE WASTE MANAGEMENT PLAN.

2. MIXED CONSTRUCTION AND DEMOLITION DEBRIS (C&D) PROCESSORS CAN BE LOCATED AT THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE).

5.408.3 CONSTRUCTION WASTE REDUCTION OF AT LEAST 50 PERCENT.

RECYCLE AND/OR SALVAGE FOR REUSE A MINIMUM OF 50 PERCENT OF THE NON-HAZARDOUS CONSTRUCTION

AND DEMOLITION DEBRIS, OR MEET A LOCAL CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT ORDINANCE, WHICHEVER IS MORE STRINGENT. CALCULATE THE AMOUNT OF MATERIALS DIVERTED BY WEIGHTOR VOLUME, BUT NOT BY BOTH.

EXCEPTIONS:

1. EXCAVATED SOIL AND LAND-CLEARING DEBRIS

2. ALTERNATE WASTE REDUCTION METHODS DEVELOPED BY WORKING WITH LOCAL AGENCIES IF DIVERSION OR RECYCLE FACILITIES CAPABLE OF COMPLIANCE WITH THIS ITEM DO NOT EXIST.

5.408.4 EXCAVATED SOIL AND LAND CLEARING DEBRIS.
100 PERCENT OF TREES, STUMPS, ROCKS AND ASSOCIATED VEGETATION AND SOILS RESULTING PRIMARILY FROM LAND CLEARING SHALL BE REUSED OR RECYCLED. FOR A PHASED PROJECT, SUCH MATERIAL MAY BE STOCKPILED ON SITE UNTIL THE STORAGE SITE IS DEVELOPED.

SECTION 5.410

BUILDING MAINTENANCE AND OPERATION

5.410.1 RECYCLING BY OCCUPANTS.

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

5.410.1.1 SAMPLE ORDINANCE.SPACE ALLOCATION FOR RECYCLING AREAS SHALL COMPLY WITH CHAPTER 18, PART 3, DIVISION 30 OF THE PUBLIC RESOURCES CODE. CHAPTER 18 IS KNOWN AS THE CALIFORNIA SOLID WASTE REUSE AND RECYCLING ACCESS ACT OF 1991 (ACT).

NOTE: A SAMPLE ORDINANCE FOR USE BY LOCAL AGENCIES MAY BE FOUND IN APPENDIX A OF THE DOCUMENT AT THE CALRECYCLE'S WEB SITE.

5.410.2 COMMISSIONING.

FOR NEW BUILDING 10,000 SQUARE FEET AND OVER, BUILDING COMMISSIONING SHALL BE INCLUDED IN THEDESIGN AND CONSTRUCTION PROCESS OF THE BUILDING PROJECT TO VERIFY THAT THE BUILDING SYSTEMS AND COMPONENTS MEET THE OWNER'S OR OWNER REPRESENTATIVE'S PROJECT REQUIREMENTS.

COMMISSIONING SHALL BE PERFORMED IN ACCORDANCE WITH THIS SECTION BY TRAINED PERSONNEL WITH EXPERIENCE ON PROJECTS OF COMPARABLE SIZE AND COMPLEXITY. COMMISSIONING REQUIREMENTS SHALL INCLUDE:

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

2. BASIS OF DESIGN

3. COMMISSIONING MEASURES SHOWN IN THE CONSTRUCTION DOCUMENTS

4. COMMISSIONING PLAN

5. FUNCTIONAL PERFORMANCE TESTING6. DOCUMENTATION AND TRAINING7. COMMISSIONING REPORT ALL BUILDING SYSTEMS AND COMPONENTS COVERED BY TITLE 24, PART 6, AS WELL AS PROCESS EQUIPMENTAND CONTROLS, AND RENEWABLE ENERGY SYSTEMS SHALL BE INCLUDED IN THE SCOPE OF THE COMMISSIONING REQUIREMENTS.

SECTION 5.503

FIREPLACES

5.503.1 GENERAL

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

SEALED WOODSTOVE OR PELLET STOVE, AND REFER TO RESIDENTIAL REQUIREMENTS IN THE CALIFORNIA ENERGY CODE, TITLE 24, PART 6, SUBCHAPTER 7, SECTION 150. WOODSTOVES, PELLET STOVES AND FIREPLACES SHALL COMPLY WITH APPLICABLE LOCAL ORDINANCES.

5.503.1.1 WOODSTOVES
WOODSTOVES AND PELLET STOVE SHALL COMPLY WITH U.S. EPA PHASE II EMISSION LIMITS.

SECTION 5.504

POLLUTANT CONTROL

5.504.3 COVERING OF DUCT OPENINGS AND PROTECTION OF MECHANICAL EQUIPMENT DURING CONSTRUCTION.

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

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

EQUIPMENT, ALL DUCT AND OTHER RELATED AIR DISTRIBUTION COMPONENT

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

METHODS ACCEPTABLE TO THE ENFORCING AGENCY TO REDUCE THE AMOUNT OF WATER, DUST AND DEBRIS, WHICH MAY ENTER THE SYSTEM.

5.504.3 FINISH MATERIAL POLLUTANT CONTROL.

FINISH MATERIALS SHALL COMPLY WITH THIS SECTION.

5.504.4.1 ADHESIVES, SEALANTS AND CAULKS.

ADHESIVES, SEALANTS AND CAULKS USED ON THE PROJECT SHALL MEET THE REQUIREMENTS OF THE FOLLOWING STANDARDS:

1. ADHESIVES, ADHESIVE BONDING PRIMERS, ADHESIVE PRIMERS, SEALANTS,

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

POLLUTION CONTROL OR AIR QUALITY MANAGEMENT DISTRICT RULES WHERE APPLICABLE OR S.C.A.Q.M.D. RULE 1168 VOC LIMITS, AS SHOWN IN TABLE 5.504.1 OR

5.504.2, AS APPLICABLE. SUCH PRODUCTS ALSO SHALL COMPLY WITH THE RULE 1168 PROHIBITION ON THE USE OF CERTAIN TOXIC COMPOUNDS (CHLOROFORM,

ETHYLENE DICHLORIDE, METHYLENE CHLORIDE, PERCHLOROETHYLENE AND

TRICHLOROETHYLENE), EXCEPT FOR AEROSOL PRODUCTS, AS SPECIFIED IN SUBSECTION 2 BELOW.

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

OR CAULKING COMPOUNDS (IN UNITS OF PRODUCT, LESS PACKAGING, WHICH DO NOT WEIGH MORE THAN 1 POUND AND DO NOT CONSIST OF MORE THAN 16 FLUID

OUNCES) SHALL COMPLY WITH STATEWIDE VOC STANDARDS AND OTHER

REQUIREMENTS, INCLUDING PROHIBITIONS ON USE OF CERTAIN TOXIC COMPOUNDS, OF CALIFORNIA CODE OF REGULATIONS, TITLE 17, COMMENCING WITH SECTION 94507.

5.504.4.3 PAINTS AND COATINGS.

ARCHITECTURAL PAINTS AND COATINGS SHALL COMPLY WITH VOC LIMITS IN TABLE 1 OF THE ARB ARCHITECTURAL SUGGESTED CONTROL MEASURE, AS SHOWN IN TABLE 5.504.3, UNLESS MORE STRINGENT LOCAL LIMITS APPLY. THE VOC CONTENT

LIMIT FOR COATINGS THAT DO NOT MEET THE DEFINITIONS FOR THE SPECIALTY COATINGS CATEGORIES LISTED IN TABLE 5.504.3 SHALL BE DETERMINED BYCLASSIFYING THE COATING AS A FLAT, NONFLAT OR NONFLAT-HIGH GLOSSCOATING, BASED ON ITS GLOSS, AS DEFINED IN SUBSECTIONS 4.21, 4.36, AND 4.37OF THE 2007 CALIFORNIA AIR RESOURCES BOARD, SUGGESTED CONTROL

MEASURE, AND THE CORRESPONDING FLAT, NONFLAT OR NONFLAT-HIGH GLOSS VOC LIMIT IN TABLE 4.504.3 SHALL APPLY.

5.504.4.3.1 AEROSOL PAINTS AND COATINGS.

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

5.504.4.3.2 VERIFICATION.

VERIFICATION OF COMPLIANCE WITH THIS SECTION SHALL BE PROVIDED AT THE REQUEST OF THE ENFORCING AGENCY. DOCUMENTATION MAY INCLUDE, BUT ISNOT LIMITED TO, THE FOLLOWING:

1. MANUFACTURER'S PRODUCT SPECIFICATION.

2. FIELD VERIFICATION OF ON-SITE PRODUCT CONTAINERS.5.504.4.4 CARPET SYSTEMS.

ALL CARPET INSTALLED IN THE BUILDING INTERIOR SHALL MEET THE TESTING AND PRODUCT REQUIREMENTS OF ONE OF THE FOLLOWING:

1. CARPET AND RUG INSTITUTE'S GREEN LABEL PLUS PROGRAM.

2. CALIFORNIA DEPARTMENT OF PUBLIC HEALTH STANDARD PRACTICE FOR THE TESTING OF V.O.C.S (SPECIFICATION 01350.)

3. NSF/ANSI 140 AT THE GOLD LEVEL.

4. SCIENTIFIC CERTIFICATIONS SYSTEMS SUSTAINABLE CHOICE.

5.504.4.4.1 CARPET CUSHION.

ALL CARPET CUSHION INSTALLED IN THE BUILDING INTERIOR SHALL MEET THE REQUIREMENTS OF THE CARPET AND RUG INSTITUTE'S GREEN LABEL PROGRAM. 201 AND OVER AT LEAST 8 PERCENT OF TOTAL
TABLE 5.504.4.1
TABLE 5.504.4.3

TOTAL NUMBER

OF ACTUAL

PARKING SPACES
76-10051-7526-50
0-9
10-25

EV CHARGING STATIONS

NUMBER OF EV

CHARGING SPACES

REQUIRED
101-150151-200
012457
10 AT LEAST 6 PERCENT OF TOTAL

5.106.5.3.1 SINGLE CHARGING SPACE REQUIREMENTS. [N] WHEN ONLY A SINGLE CHARGING SPACE IS REQUIRED PER TABLE 5.106.5.3.3, A RACEWAY IS

REQUIRED TO BE INSTALLED AT THE TIME OF CONSTRUCTION AND SHALL BE INSTALLED IN ACCORDANCE WITH THE CALIFORNIA ELECTRICAL CODE.

CONSTRUCTION PLANS AND SPECIFICATIONS SHALL INCLUDE. BUT ARE NOT LIMITED TO, THE FOLLOWING:
201 AND OVER

1. THE TYPE AND LOCATION OF THE EVSE.

2. A LISTED RACEWAY CAPABLE OF ACCOMMODATING A
2081240-VOLT DEDICATED BRANCH CIRCUIT.

3. THE RACEWAY SHALL NOT BE LESS THAN TRADE SIZE 1."

4. THE RACEWAY SHALL ORIGINATE AT A SERVICE PANEL OR A

SUBPANEL SERVING THC AREA, AND SHALL TERMINATE IN CLOSE PROXIMITY TO THE PROPOSED LOCATION OR THE CHARGINGEQUIPMENT AND INTO A LISTED SUITABLE CABINET, BOX,ENCLOSURE OR EQUIVALENT.

5. THE SERVICE PANEL OR SUBPANEL SHALL HAVE SUFFICIENT
CAPACITY TO ACCOMMODATE A MINIMUM 40- AMPERE DEDICATED
BRANCH CIRCUIT FOR THE FUTURE INSTALLATION OF THE EVSE.

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

SHOWER HEADKITCHEN FAUCETLAVATORY FAUCETWATER CLOSET

2.0 GPM @ 80 PSI1.8 GPM @ 60 PSI.5 GPM @ 60 PSI1.28 GALLONS PER FLUSH

FIXTURE TYPE MAXIMUM FLOW RATE

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

FLOOR MOUNTED
TABLE 5.106.5.3.3

5.106.5.1.2 TIER 2. PROVIDE 12 PERCENT OF TOTAL DESIGNATED PARKING SPACES FOR ANY COMBINATION OF LOW EMITTING, FUEL EFFICIENT ANDCARPOOL/VAN POOL VEHICLES AS FOLLOWS:

TOTAL NUMBER

OF ACTUAL

PARKING SPACES
76-10051-7526-50
0-9
10-25

EV - CARPOOL - VAN POOL

NUMBER OF EV

CHARGING SPACES

REQUIRED
101-150151-200
12469
12 201 AND OVER AT LEAST 10 PERCENT OF TOTAL
TABLE 5.106.5.3.2
17 SCALE:PROJECT NO: SHEET:DATE:

No. REVISION DATE

PREPARED BY

PROJECT DATA
PROJECT:

GOVERNING

THESE PLANS SHALL COMPLY WITH
THE 2016 CALIFORNIA BUILDING CODE
WHICH ADOPTS THE 2016 CMC, 2016
CPC, 2016 CEC, 2016 CGC, 2016 CRC
AND THE 2016 ENERGY STANDARDS

AS WELL AS MUNICIPAL CODE ON

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

D E V E L O P E D
DRAFTER:PG. NO.

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

[email protected]
PH: (760) 715-3382

PROJECT DESCRIPTION:

CONTACT INFORMATION:

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

HESPERIA, CA. 92345
PH: (760) 669 - 0613
PROPERTY INFO:

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
545 of 1055

ATTACHMENT E

Page 1218 of 3559 ends

546 of 1055 ATTACHMENT E Page 1219 of 3559
Corner of Cecelia and Atlantic looking North on Atlantic Corner of Cecelia and Atlantic looking East on Cecilia
547 of 1055 ATTACHMENT E Page 1220 of 3559
On Cecelia looking West on Cecelia
On Atlantic looking East into Property
548 of 1055 ATTACHMENT E Page 1221 of 3559
On Atlantic looking south towards Cecelia
Top View
549 of 1055 ATTACHMENT E Page 1222 of 3559
EXHIBIT F:

NOTICE OF EXEMPTION
550 of 1055 ATTACHMENT E Page 1223 of 3559
Notice of Exemption Appendix E
Revised 2011
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: __________________
___________________________
___________________________
From: (Public Agency): ____________________________
_______________________________________________
_______________________________________________
(Address)

Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County: _____________________ Description of Nature, Purpose and Beneficiaries of Project:

Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);

Declared Emergency (Sec. 21080(b)(3); 15269(a));

Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number: ____________________________________ Statutory Exemptions. State code number: ______________________________________________ Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? ҏ Yes
No
Signature: ____________________________ Date: ______________ Title: _______________________

Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR: _______________ Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Los Angles
PO BOX 1208
Norwalk, CA 90650-1208
Conditional Use Permit and Development Agreement for Commercial Cannabis Activities VM Evergreen, LLC
Cudahy Los Angeles
City of Cudahy
Ebony J. McGee Andersen, Principal Planner
CEQA Section 15301(a)
Ebony J. McGee Andersen (310) 895-6889
Print Form
The proposed project includes a CUP to allow for a Commercial Cannabis Facility and a Development Agreement for commercial cannabis activities including manufacturing, cultivation, distribution, delivery, and a non-cannabis lounge cafe within 4 existing 17,500 S.Q. buildings. Project Nos. CCP18-0001 and DA18-001C.

The proposed project is exempt from CEQA pursuant to the CEQA Guidelines Section 15301. The proposed project does not include any new construction beyond interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances, in accordance with CEQA Section 15301(a).

The project site is located at 8222 Atlantic Avenue, Cudahy, CA 90201 551 of 1055 ATTACHMENT E Page 1224 of 3559
EXHIBIT G:

CONDITIONS OF APPROVAL
552 of 1055 ATTACHMENT E Page 1225 of 3559
CONDITIONS OF APPROVAL – EXHIBIT F
COMMERCIAL CANNABIS PERMIT NO, CCP18-0015
DEVELOPMENT AGREEMENT NO. DA18-015C
4931 CECILIA STREET – STAPLE ROOM LLC

GENERAL CONDITIONS OF APPROVAL
Condition of Approval No. 1 - Financial Responsibility for Compliance Monitoring and Enforcement
a. Cost Responsibilities: The Permittee shall bear the full costs of all City staff time, materials, and City-retained consultants associated with condition compliance review and monitoring, CEQA mitigation monitoring, other permit monitoring programs, and enforcement activities, actions, and processes conducted pursuant to the City of Cudahy Municipal Code (§ 5.20.060) related to this Commercial Cannabis Permit (CCP) and Development Agreement (DA). Such condition compliance review, monitoring and enforcement activities may include (but are not limited to): periodic site inspections; preparation, review, and approval of studies and reports; review of permit conditions and related records; enforcement hearings and processes; drafting and implementing compliance agreements; and attending to the modification, suspension, or revocation of permits. Costs will be billed at the rates set forth in the Planning Division or other applicable City Fee Schedule, and at the contract rates of City-retained consultants, in effect at the time the costs are incurred.

Establishment of Compliance Account: Within 10 calendar days of the effective date of the final decision approving this CCP, the Permittee shall submit a new, updated, and completed reimbursement agreement for Condition Compliance Case No. CCP18-0015 in a form provided by the City, obligating the Permittee to pay all condition compliance review, monitoring, and enforcement costs, and any civil administrative penalties, subject to the Permittee’s right to challenge all such charges and penalties prior to payment.
b. Billing Process: The Permittee shall pay all City invoices within 30 days of receipt thereof. Failure to timely pay an invoice shall subject the Permittee to late fees and charges set forth in the City Fee Schedule, and shall be grounds for suspension, modification, or revocation of this CCP. The Permittee shall have the right to challenge any charge or penalty prior to payment.
553 of 1055 ATTACHMENT E Page 1226 of 3559
Condition of Approval No. 2 - Defense and Indemnification a. The Permittee shall defend, at the Permittee's sole expense with legal counsel acceptable to the City, against any and all claims, actions, or proceedings against the City, any other public agency with a governing body consisting of the members of the City Board of Supervisors, or any of their respective board members, officials, employees and agents (collectively, “Indemnified Parties”) arising out of or in any way related to the City’s issuance, administration, or enforcement of this CUP. The City shall promptly notify the Permittee of any such claim, action or proceeding and shall cooperate fully in the defense.

b. The Permittee shall also indemnify and hold harmless the Indemnified Parties from and against any and all losses, damages, awards, fines, expenses, penalties, judgments, settlements, or liabilities of whatever nature, including but not limited to court costs and attorney fees (collectively, “Liabilities”), arising out of or in any way related to any claim, action or proceeding subject to subpart (a) above, regardless of how a court apportions any such Liabilities as between the Permittee, the City, and/or third parties.
c. Except with respect to claims, actions, proceedings, and Liabilities resulting from an Indemnified Party’s sole active negligence or intentional misconduct, the Permittee shall also indemnify, defend (at Permittee’s sole expense with legal counsel acceptable to City), and hold harmless the Indemnified Parties from and against any and all claims, actions, proceedings, and Liabilities arising out of, or in any way related to, the construction, maintenance, land use, or operations conducted pursuant to this CCP, regardless of how a court apportions any such Liabilities as between the Permittee, the City, and/or third parties. The City shall promptly notify the Permittee of any such claim, action, or proceeding and shall cooperate fully in the defense.
d. Neither the issuance of this CCP, nor compliance with the conditions hereof, shall relieve the Permittee from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of this CCP serve to impose any liability upon the Indemnified Parties for injury or damage to persons or property.

Condition of Approval No. 3 Relationship of CCP Conditions, Laws, and Other Entitlements
The Permittee shall implement the Project in compliance with all applicable requirements and enactments of federal, state, and local authorities. In the event of conflict between various requirements, the more restrictive requirements shall apply. In the event the City Manager determines that any CCP condition contained herein is in conflict with any other CPP condition contained herein, when principles of law do not provide to the contrary, the 554 of 1055 ATTACHMENT E Page 1227 of 3559
CCP condition most protective of public health and safety and environmental resources shall prevail to the extent feasible.

No condition of this CCP for uses allowed by the City Municipal Code shall be interpreted as permitting or requiring any violation of law, lawful rules, or regulations, or orders of an authorized governmental agency. Neither the approval of this CPP, nor compliance with the conditions of this CPP, shall relieve the Permittee from any responsibility otherwise imposed by law for damage to persons or property.

The Permittee shall obtain a business tax certificate and regulatory licenses for the operation of Commercial Cannabis operations.

Condition of Approval No. 4 - Contact Person
PURPOSE: To establish a contact person responsible for responding to City and/or community complaints.

The Permittee shall designate a contact person(s) to respond to complaints from citizens and the City which are related to the permitted uses of this CUP.

The Permittee shall provide the City with the contact information (e.g., name and/or position title, address, business and cell phone numbers, and email addresses) of the Permittee’s Community Agent who receives all orders, notices, and communications regarding matters of condition and code compliance at the Project site.

Timing: Prior to the issuance of a Zoning Clearance for use inauguration, the Permittee shall provide the Planning Division the contact information of the Permittee’s field agent(s) for the Project file. If the address or phone number of the Permittee’s field agent(s) should change, or the responsibility is assigned to another person, the Permittee shall provide Planning Division staff with the new information in writing within three calendar days of the change in the Permittee’s field agent.

The Planning Division maintains the contact information provided by the Permittee in the Project file. The Planning Division has the authority to periodically confirm the contact information consistent with the requirements of this permit.

Condition of Approval No. 5 - Resolution of Complaints
PURPOSE: To establish a process to resolve complaints.

The following process shall be used to resolve complaints related to the Project:
a. The Permittee shall post the telephone number for the designated Contact Person as identified pursuant to Condition No. 4 in a visible location on the site. The Contact Person shall be available via telephone on a 24-hour basis. Persons with 555 of 1055 ATTACHMENT E Page 1228 of 3559
concerns about an activity as it is occurring may directly contact the Contact Person;
b. If City staff receives a written complaint about the Project, the City Manager, or his designee, may contact the Permittee’s Contact Person or the Permittee to request information regarding the alleged violation; and
c. If, following a complaint investigation by City staff, a violation of the City Municipal Code or a condition of this CCP is confirmed, City staff may initiate enforcement actions, in accordance with City Municipal Code.

Condition of Approval No. 6 - Reporting of Major Incidents PURPOSE: To ensure that the Planning Director is notified of major incidents associated with, or resulting from, the Project, he Permittee shall immediately notify the Planning Director by telephone, email, FAX, and/or voicemail of any incidents (e.g., fires, explosions, spills, landslides, or slope failures) that could pose a hazard to life or property inside or outside the Project Site.

Upon request of any City, County or State regulatory agency, the Permittee shall provide a written report of any incident that shall include, but not limited to: a description of the facts of the incident; the corrective measures used, if any; and the steps taken to prevent a recurrence of the incident.

Timing: The Permittee shall provide the written report to the requesting agency and Planning Division within seven days of receiving the request.

The Planning Division maintains any documentation provided by the Permittee related to major incidents in the Project file.

Condition of Approval No. 7 - Change of Permittee
To ensure that the Planning Division is properly and promptly notified of any change of Permittee, the Permittee shall file, as an initial notice with the Planning Director, the new name(s), address(es), telephone/FAX number(s), and email addresses of the new owner(s), lessee(s), operator(s) of the permitted uses, and the company officer(s). The Permittee shall provide the Planning Director with a final notice once the transfer of ownership and/or operational control has occurred.

The initial notice must be submitted with the new Permittee’s contact information. The final notice of transfer must include the effective date and time of the transfer and a letter signed by the new Property Owner(s), lessee(s), and/or operator(s) of the permitted uses acknowledging and agreeing to comply with all conditions of this CCP. 556 of 1055 ATTACHMENT E Page 1229 of 3559
Timing: The Permittee shall provide written notice to the Planning Director 10 calendar days prior to the change of ownership or change of Permittee. The Permittee shall provide the final notice to the Planning Director within 15 calendar days of the effective date of the transfer.

The Planning Division maintains notices submitted by the Permittee in the Project file and has the authority to periodically confirm the information consistent with the requirements of this permit.

COMMERCIAL CANNABIS PRODUCTS MANUFACTURING (ORD. 673, SEC

5.20.110)
PURPOSE: The purpose and intent of this Section is to permit and regulate the commercial Cannabis Products Manufacturing to promote the health, safety, morals, and general welfare of the resident and businesses within the City. The City is authorized to regulate this activity pursuant to State Law.

Condition of Approval No. 8 – Manufacturing Operating Fees.

Operator/Permittee must pay all operating fees as stipulated within Development Agreement No. DA18-015C.

Condition of Approval No. 9 – Manufacturing Properties.

Commercial Cannabis Products Manufacturing is a permitted use only on properties within the applicable Permit Zone with a valid Cultivation Permit and other requisite permits and entitlements.

Condition of Approval No. 10 – Quality Control Employee.

The Permittee must employ at least one (1) member of its personnel dedicated full time to quality control.

Condition of Approval No. 11 – Standard Operating Procedures and Batch Record.

The Manufacturing Permittee must establish standard operating procedures and batch record that comply with current good manufacturing practices and applicable State Law, including MAUCRSA.

Condition of Approval No. 12 – Labeling and Packaging.
a) All Cannabis Products produced by a Manufacturing Permittee must be packaged in child resistant containers prior to leaving the Premises for such Manufacturing Permittee in accordance with applicable State Law, including MAUCRSA. b) All Cannabis Products produced by a Manufacturing Permittee must be labeled in compliance with applicable State Law, including MAUCRSA. c) Labeling Requirements – Edibles
i. Before a Manufacturing Permittee prepares any edible Cannabis or edible Cannabis Product for retail sale, it shall be labeled and placed in tamper557 of 1055 ATTACHMENT E Page 1230 of 3559 evident packaging which at least meets the requirements of State Law, including, but not limited to, MAUCRSA.
ii. All items to be sold or distributed shall be individually wrapped at the original point of preparation by the Cannabis Permittee.
iii. Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces or grams) of Cannabis in the package, not to exceed ten (10) milligrams of tetrahydrocannabinol (THC) per serving.
iv. A warning that the item is a medication and not a food must be clearly legible on the front of the package and/or must comply with state packing requirements.
v. The package must have a label warning that the product is to be kept away from children.
vi. The label must also state that the product contains Cannabis and must specify the date of Manufacture and the Manufacture Permittee’s information, including, but not limited to, address, and phone number. vii. Distribution must be in a properly labeled opaque package when distributed. viii.The City Manager, or designee, may impose additional packaging and labeling requirements on Cannabis or Cannabis Products.

Condition of Approval No. 13 – Use of Solvents.
a) Manufacturing Permittees may conduct Manufacturing using any type of solvents, including Volatile Solvents, or Manufacturing processes if such Manufacturing complies with the requirements of this Chapter and State or local law, including but not limited to Health and Safety Code Section 11362.775 (or any successive State Law) all applicable fire and building codes in the City and any other laws of the City designed to ensure the safety of such operation.
b) Manufacturing Permittees using Volatile Solvents for Manufacturing Cannabis Products must operate in a manner to reduce the risk of explosion or danger to public health, including through the use of a close-loop or solvent dispersion system consistent with the requirements of Health and Safety Code Section 11362.775 (or any successive State Law).

Condition of Approval No. 14 – Use of Hazardous and Flammable Materials.

If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in California Fire Code Section 202, are to be used in the processing of commercial Cannabis, then the provisions of California Fire Code Section 407 shall be applicable where hazardous materials are subject to permits under California Fire Code Section 50 (Hazardous Materials) are located on the Premises or where required by the applicable building or fire official.
558 of 1055 ATTACHMENT E Page 1231 of 3559
Timing: Prior to the issuance of a Temporary/Certificate of Occupancy, the Permittee must obtain LA County Fire Approval for site design, water and access, and hazardous materials.

Condition of Approval No. 15 – Compressed Gases.

Storage, use, and handling of compressed gases in compressed gas containers, cylinders, tanks, and systems shall comply with California Fire Code Chapter 53. Partially full compressed gas containers, cylinders, or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with California Fire Code Chapter 50 for general requirements and California Fire Code Chapter 53 addressing specific hazards, including California Fire Code Chapter 58 (Flammable Gases), California Fire Code Chapter 60 (Highly Toxic and Toxic Materials), California Fire Code Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, and California Fire Code Chapter 64 (Pyrophoric Materials). Prevention, control, and mitigation of dangerous conditions related to storage, use, dispensing, mixing, and handling of flammable and combustible liquids shall be in accordance with California Fire Code Chapters 50 and 57.

Timing: Prior to the issuance of a Temporary/Certificate of Occupancy, the Permittee must obtain LA County Fire Approval for site design, water and access, and hazardous materials.

COMMERCIAL CANNABIS AND CANNABIS PRODUCTS DISTRIBUTION (ORD. 673, SEC 5.20.130)
PURPOSE: The purpose and intent of this Section is to permit and regulate the Distribution of Cannabis and Cannabis Products between Cannabis Permittees in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to State Law.

Condition of Approval No. 16 - Distribution Operating Fees.

Operator/Permittee must pay all operating fees as stipulated within Development Agreement No. DA18-015C.

Condition of Approval No. 17 – Distribution Development Agreement and Location.

Distribution of Cannabis and Cannabis Products requires a Development Agreement with the City and must be located within the applicable Permit Zone.

Condition of Approval No. 18 - Distribution Activities.

Distribution activities includes the receiving and releasing of Cannabis and Cannabis Products for inspection, Testing, and quality assurance, as required under applicable State Law and such other activities as are permitted pursuant to State Law. 559 of 1055 ATTACHMENT E Page 1232 of 3559
Condition of Approval No. 19 – Distribution Customers.

A Distribution Permittee shall only Distribute Cannabis and Cannabis Products between Cannabis Permittees or to facilities or portions of facilities wholly controlled by such Distribution Permittee to the extent permitted by State Law.

Condition of Approval No. 20 – Distribution Quality Assurance. a) A Distribution Permittee shall inspect all Cannabis and Cannabis Products received by it for quality assurance prior to Distributing to any Cannabis Permittee, as required under applicable State Law.
b) A Distribution Permittee shall Distribute Cannabis and Cannabis Products to Cannabis Permittees only after such Cannabis and Cannabis Products have been inspected and quality tested in accordance with applicable State Law, including MAUCRSA.

Condition of Approval No. 21 – Distribution Registration.

A Distribution Permittee shall register with the City each location within the City where Cannabis and Cannabis Products are stored for purposes of Distribution activities within the City.

Condition of Approval No. 22 – Multiple Permit Types.

A Distribution Permittee may also hold any other Permit type to the extent permitted by State Law. To the extent permitted by State law, a Distribution Permittee that also holds another Permit type may self-distribute its Cannabis Products.

OTHER OPERTIONAL CONDITIONS
PURPOSE: To ensure compliance with all applicable City, State and other regulatory agency requirements.

Condition of Approval No. 23 – Final Floor Plan Approval Permittee must submit to and obtain approval from the City Manager, or his designee, on all proposed Final Floor Plans. All Final Floor Plans shall be stamped and dated by the Planning Department. Changes to the floor plan design or other elements (including, but not limited to security, fire or hazmat details) require administrative approval by the Planning Department, prior to any construction activity or Building Permit Issuance.

Timing: Prior to Zoning Clearance for Use Inauguration, Permittee shall prepare and submit a Final Floor Plan which demonstrates compliance with all City and State Commercial Cannabis regulations.

Condition of Approval No. 24 – Payment of Development Agreement Fees 560 of 1055 ATTACHMENT E Page 1233 of 3559
Operator(s) must pay all required DA fees in accordance with DA terms. Failure to pay fees, as assessed by the City Manager, will constitute a breach of the DA and may result in suspension or immediate revocation of the DA.

Condition of Approval No. 25 – Additional Plans and Approvals Purpose: To ensure all Commercial Cannabis facilities meet the development standards of the zoning code, policies, goals and programs of the general plan and City economic development activities—including City beautification and future public improvement projects.
i. Landscape Plan – The Operator must submit a landscaping plan, designed by a licensed landscape architect or arborist. The plan must include a fivefoot landscaped dedication measured from the property line, as illustrated on the approved Site Plan. The plan must include drought tolerant desert plants, approved by the City.
ii. Fencing Plan – Fencing must be provided along the front perimeter of all Commercial Cannabis facilities. Fencing may be constructed between 8 feet and 10 feet in the front and up to 15 feet in the back.

Materials: Corrugated metal, wrought iron, concrete and block wall are all allowed materials. Alternative materials may be allowed with City approval. Chain-link and razor wire are strictly prohibited.

Fences may be required to be constructed 5 feet from the property line to allow for future City improvements. All fencing plans must be submitted to and approved by the City prior to construction. iii. Façade Improvement Plan - All new Commercial Cannabis facilities must submit a Façade Improvement Plan for City approval. The plan must include new paint, siding or other building improvement materials, in a color scheme approved by the City. Plans must also include new paving, as needed, parking striping, and other site improvements, as determined by the City.
iv. LA County Public Health Permit – The Operator must submit obtain a Cannabis Public Health Permit from the Los Angeles County Public Health. v. City Business License – All operators must file for a City business license to conduct business within the City, pay all required business license fees and obtain a City Business License prior to conducting sales transactions in the City.

Condition of Approval No. 26 – Site Maintenance
PURPOSE: To ensure that the Project site is maintained in a neat and orderly manner so as not to create any hazardous conditions or unsightly conditions which are visible from outside of the Project site.

The Permittee shall maintain the Project site in a neat and orderly manner, and in compliance with the Project description. Only equipment and/or materials which the City 561 of 1055 ATTACHMENT E Page 1234 of 3559
Manager, or his designee, determines to substantially comply with the Project description shall be stored within the Project site during the life of the Project.

The Permittee shall maintain the Project site in compliance with Condition No. 1 and the approved plans for the Project.

Monitoring and Reporting: The City Building Inspector, City Cannabis Enforcement staff, or Planning Department staff have the authority to conduct periodic site inspections to ensure the Permittee’s ongoing compliance with this condition.

Condition of Approval No. 27 – Commercial Cannabis Permit (CCP) Modification Prior to undertaking any operational or construction-related activity which is not expressly described in these conditions, the Permittee shall first contact the City Manager, or his designee, to determine if the proposed activity requires a modification of this CCP. The City Manager may, at his sole discretion, require the Permittee to file a written and/or mapped description of the proposed activity in order to determine if a permit modification is required.

Condition of Approval No. 28 - Construction Activities
Prior to any construction, the Permittee shall obtain a Zoning Clearance for construction from the Planning Division and a Building Permit from the Building and Safety Division.

Condition of Approval No. 29 - Acceptance of Conditions and Schedule of Enforcement Responses
The Permittee’s acceptance of this CCP and/or commencement of construction and/or operations under this CCP shall constitute the Permittee’s formal agreement to comply with all conditions of this CCP. Failure to abide by and comply with any condition of this CCP shall constitute grounds for enforcement action provided in the City Municipal Code which shall include, but is not limited to, the following:
a. Public reporting of violations to the Planning Commission and/or City Council; b. Suspension of the permitted land uses;
c. Modification of the CCP conditions listed herein;
d. Recordation of a “Notice of Noncompliance” on the deed to the subject property; e. The imposition of civil administrative penalties; and/or f. Revocation of this CUP.

The Permittee is responsible for being aware of and complying with the CCP conditions and all applicable federal, state, and local laws and regulations. In the event of any actual and direct conflict between these Conditions of Approval and the terms of the approved Development Agreement, the terms of the Development Agreement shall control and take precedence.
562 of 1055 ATTACHMENT E Page 1235 of 3559
Condition of Approval No. 30. - Time Limits
A. Use inauguration: The approval decision for this CCP becomes effective upon the expiration of the 15-day appeal period following the approval decision, or when any appeals of the decision are finally resolved. Once the approval decision becomes effective, the Permittee must obtain a Zoning Clearance for Use Inauguration in order to initiate the land uses set forth herein. i. This CCP shall expire and become null and void if the Permittee fails to obtain a Zoning Clearance for use inauguration within 90 days –from the date the approval decision of this CCP becomes effective. The City Manager may grant an extension of time to the Permittee in order to obtain the Zoning Clearance for use inauguration if the Permittee can demonstrate to the satisfaction of the City Manager that the Permittee has made a diligent effort to implement the Project, and the Permittee has requested the time extension in writing at least 30 days prior to 90- day expiration date.
ii. Within 90 days of the permit effective date, the Permittee must complete construction of Phase I, as indicated on the approved Final Floor plan and obtain a Temporary Certificate of Occupancy from the City Building Department. The City Manager may grant an extension of time to the Permittee to obtain the Zoning Clearance for use inauguration if the Permittee can demonstrate to the satisfaction of the City Manager that the Permittee has made a diligent effort to implement the Project iii. Within 180 days of the permit effective date, the Permittee must complete all Tenant Improvements and construction as indicated on the approved Final Floor Plan and obtain a Certificate of Occupancy from the City Building Department. The City Manager may grant an extension of time to the Permittee to obtain the Zoning Clearance for construction if the Permittee can demonstrate to the satisfaction of the City Manager that the Permittee has made a diligent effort to implement the Project.
iv. Prior to the issuance of the Zoning Clearance for construction or use inauguration, all fees and charges billed to that date by the City, as well as any fines, penalties, and sureties, must be paid in full. After issuance of the Zoning Clearance for Use Inauguration, any final billed processing fees must be paid within 30 days of the billing date or the City may revoke this CCP.

B Permit Life or Operations Period: This CCP will expire on November 19, 2028.

However, the Development Agreement contains terms and conditions for 563 of 1055 ATTACHMENT E Page 1236 of 3559
extending operations for an additional 10 years. The lack of additional notification of the expiration date provided by the City to the Permittee shall not constitute grounds to continue the uses that are authorized by this CCP after the CCP expiration date. The uses authorized by this CCP may continue after the CCP expiration date if:
(1) The Permittee has filed a permit modification application 90 day prior to November 19, 2028; and
(2) The City decision-maker grants the requested modification.

The uses authorized by this CCP may continue during processing of a timely-filed modification application, at the City Managers sole discretion.

In the event of any actual and direct conflict between these Conditions of Approval and the terms of the approved Development Agreement, the terms of the Development Agreement shall control and take precedence. [end of conditions]
564 of 1055 ATTACHMENT E Page 1237 of 3559
EXHIBIT H:

RESOLUTION 18-54
565 of 1055 ATTACHMENT E Page 1238 of 3559
RESOLUTION NO. 18-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, INSTRUCTING THE PLANNING

COMMISSION TO IMMEDIATELY COMPLETE ITS PUBLIC

MEETING ON AN APPLICATION FOR A DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF CUDAHY AND

VM EVERGREEN, LLC, A WYOMING LIMITED LIABILITY

COMPANY AND THE ISSUANCE OF A COMMERCIAL CANNABIS
PERMIT
WHEREAS, the City of Cudahy (“City”) is a general law city, incorporated under the laws of the State of California, and has the power to make and enforce within its jurisdictional limits all local, police, sanitary and other ordinances and regulations not in conflict with the general laws of the state; WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code (the Development Agreement Statute"); and
WHEREAS, the Development Agreement Statute authorizes the City to enter into a property development agreement with any person having legal or equitable interest in real property for the development of such property in order to establish certain development rights; and WHEREAS, the Development Agreement Statute specifies what kind of public hearings and notice must be given when an agency gets to the point of considering whether to approve development agreements. Hearings must be held by the agency’s planning agency and its governing body. Cal. Gov’t Code § 65867. A local agency’s development agreement procedures are an opportunity for the planning commission to make a recommendation on whether or not to approve the agreement and weigh in on proposed findings; and WHEREAS, in accordance with California law, the City of Cudahy has adopted Municipal Code Chapter 20.28 (Development Agreements) [Renumbered as Part 9 of the Zoning Code §20.84.530-20.84.640 adopted by the City Council on 7/17/18] establishing the procedures and requirements for the consideration of development agreement with the City; and WHEREAS, CMC §20.84.550.C provides that the planning commission and the city council shall hold noticed public hearings on every completed application for a development agreement; and
WHEREAS, on September 11, 2017, the City Council for the City of Cudahy passed Ordinance No. 673 establishing regulations and a discretionary review process for the allowance of medicinal-only commercial cannabis activities (cultivation, distribution, manufacturing, deliveries, micro-business and laboratory testing) in a specified Overlay Zone through a Commercial Cannabis Facility Permit and development agreement; and WHEREAS, on November 19, 2018, the City of Cudahy Planning Commission 566 of 1055 ATTACHMENT E Page 1239 of 3559
("Planning Commission") conducted a properly noticed public hearing to consider the recommendation of an Ordinance approving a Development Agreement By and Between the City of Cudahy and VM EVERGREEN, LLC a Wyoming limited liability company [DA#18-001C] ("Development Agreement") and the issuance of Commercial Cannabis Facility Permit No. CCP 18-0001 to allow a Commercial Cannabis Facility for the Site set forth in the Development Agreement located at 8222 Atlantic Avenue, City of Cudahy, CA; and WHEREAS, the following is a summary of what occurred at the public hearing:

Hearing date: November 19, 2018
Hearing time: 6:00 p.m.

Commissioners in attendance: Chairman Fuentes, Vice-Chairperson Alcantar, and Commissioner Corvera-Hernandez
Item: 7B. Public Hearing re VM Evergreen, CCP18-001, and DA18-001C

1. Staff makes power point presentation

2. Chair Fuentes opens Public Hearing

3. Tony Solimon, and Applicants address and field questions from Commission.

Applicants mention that they are an all Latina group of investors from the local area with health care experience interested in investing in their community

4. Chairman Fuentes closes Public Hearing

5. Discussion among Commissioners

6. Vice Chair Alcantar moves to continue item, motion seconded by Commissioner Corvera-Hernandez: Vice-chair claims she prefers the matter be heard when all commissioners present, or after new commissioners appointed

7. Staff mentions that next regularly scheduled PC meeting is 12/17, but will likely go dark because of proximity to holidays

8. Staff explains that the Bureau of Cannabis Control ("BCC") required all applicants to submit proof of a city permit/license in order to be eligible for state license by no later than December 1, 2018. Advised the Commission to consider the time sensitivity.

9. On 2-1 vote, the Commission continues item to the next PC meeting. Date uncertain.

Chairman Fuentes dissents.

Item 7C. Public Hearing re Old and Rusty, CCP18-0013, and DA18-013C

1. Staff makes power point presentation
567 of 1055 ATTACHMENT E Page 1240 of 3559

2. Chair Fuentes opens Public Hearing

3. Steve Winders, property owner, addresses and fields questions from Commission. Mr.

Winders, on behalf of the Applicants, explains that his family has owned the subject property since the 1950's

4. Chairman Fuentes closes Public Hearing

5. Discussion among Commissioners

6. Vice Chair Alcantar moves to continue, but motion dies for a lack of second. Chairman Fuentes moves to approve staff's recommendation, and receives a second from Commissioner Corvera-Hernandez. Motion approved on 2-1 vote with Vice Chair dissenting.

7. Commissioner Corvera-Hernandez claims he misunderstood the vote. Intended to continue item.

8. Special counsel explains that a Motion to Reconsider would be required in order for Commissioner Corvera-Hernandez to change his vote

9. No Motion to Reconsider was made.

Item 7E. Public Hearing re Starcraft, CCP18-0014, and DA18-014C

1. Staff makes power point presentation

2. Special counsel explains that this item was taken out of order to accommodate the presentation sequence

3. Chair Fuentes opens Public Hearing

4. Steve Winders reminds Commission that this Applicant has the same operator and same property owner as the Applicant previously approved

5. Chair Fuentes closes Public Hearing

6. Discussion among Commissioners

7. Vice Chair Alcantar moves to continue item to the next PC meeting (date uncertain), motion seconded by Commissioner Corvera-Hernandez

8. Chair Fuentes reminds Commission that this applicant is on the same industrial park, has the same operator, and same property owner as several previously approved applicants that came before this Commission a few months prior

9. Staff reminds Commission of the time sensitivity

10. Special counsel further advises that the continuance will be extensive since new 568 of 1055 ATTACHMENT E Page 1241 of 3559
commissioners will need to be briefed and informed on the Medicinal Cannabis regulatory process. This Commission is already familiar with process, and has previously deliberated on several CCP's and DA's

11. On 2-1 vote, Commission continues item to next PC meeting. Date uncertain. Chair Fuentes dissents.

Item 7D. Public Hearing re Staple Room, CCP18-0015, and DA18-015C

1. Staff makes power point presentation

2. Chair Fuentes opens Public Hearing

3. Steve Winders implores Commission to reconsider its determinations

4. Applicant also addresses Commission to consider the time sensitivity impacts to on going cost of maintenance

5. Chair Fuentes closes Public Hearing

6. Discussion among Commissioners

7. Commissioner Corvera-Heranadez moves to continue item to the next PC meeting (date uncertain), motion seconded by Vice Chair Alcantar. Chairman Fuentes dissents.

8. Staff advises Commission may also consider denying staff's recommendation in order to preserve the Applicant's rights to appeal the determination to the City Council

9. On a 2-1 vote, Commission continues item to next PC meeting. Date uncertain. Chair Fuentes dissents.

WHEREAS, each of the applications has been pending since December 2017; and WHEREAS, the City has received written correspondence from representatives for VM Evergreen, LLC, Starcraft, LLC and Staple Room, LLC requesting that the City Council hold an immediate hearing on their applications for a Commercial Cannabis Facility permit and a Development Agreement. The representatives complain that the Planning Commission’s failure to timely act on their applications was for no legitimate land-use reason and its continuation of a decision on the matter to an unspecified future hearing date is an unjustified delay in the processing of the CCF permits and Development Agreements resulting in substantial injury and significant competitive disadvantage. The Planning Commission’s failure to act has also placed their projects in jeopardy of losing state issued cannabis licenses. Under such circumstances, the Planning Commission’s indecision and/or purposeful delay has resulted in a defacto denial of the applications for development permits without expressed findings of facts as required by law; and WHEREAS, the Planning Commission is a five member body. CMC §2.36.010(2). 569 of 1055 ATTACHMENT E Page 1242 of 3559
Three Commissioners shall constitute a quorum for the transaction of business. CMC §2.36.010(8). The principal duty of the Planning Commission is to make recommendations to the City Council on various planning and land use matters. CMC §2.36.010(10). City law requires that the Commission "shall hold at least one regular meeting each month at such time and place as it shall fix by resolution." CMC §2.36.010(6).

WHEREAS, on November 19, 2018, only three of the Commissioners were present at the November 19, 2018 commission meeting. Two Commissioners were not present at the public hearing and, therefore, took no part in the public discussion. One of the members in attendance is likely to be elected to the City Council and will soon no longer be a Commissioner. In the event of a continued public meeting on the applications, the new and/or missing members then in attendance will have no personal knowledge of what transpired at the November 19, 2018 public hearing. At the present time, there is no regular or special meeting set for the month of December 2018.

WHEREAS, the Permit Streamlining Act ("PSA") is a state law enacted in 1977 to expedite the processing of permits for development projects. See, Government Code §65921.

The PSA achieves this goal by (1) setting forth various time limits within which state and local government agencies must either approve or disapprove permits and (2) providing that these time limits may be extended once (and only once) by agreement between the parties.

The time limits to hold a public hearing are triggered upon notice by the applicant of intent to invoke the Act. Alternatively, an applicant can seek the issuance of a writ of mandate to hold the require public hearings. Government Code §65950. If a local agency fails to approve or disapprove the permit within the required time limits, the permit is subject to being "deemed approved." Government Code § 65956(b). A deemed-approved permit confers the same privileges and entitlements as a regularly issued permit. Ciani v. San Diego Trust & Savings Commission, 233 Cal. App. 3d 1604, 1613, 285 Cal. Rptr. 699, 705 (1991); and WHEREAS, under CMC §20.84.550, the City Council may, on its own, initiate a public hearing on a Development Agreement with or without the recommendation of the Planning Commission; and
WHEREAS, under CMC §20.08.020, the City Council has the authority to "Act as the appeal body of the Planning Commission."
"Hear and act" upon applications for development agreements and other matters listed in Table 20.84-1, which include conditional use permits, development review permits etc. such as the ones sought by VM Evergreen, Starcraft and Staple Room; and WHEREAS, under CMC §20.84.160, "any person dissatisfied with an interpretation or action of the Approving Authority may appeal such action to the Appeal Authority ...".

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
570 of 1055 ATTACHMENT E Page 1243 of 3559
SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. THE PLANNING COMMISSION IS INSTRUCTED TO

IMMEDIATELY COMPLETE ITS PUBLIC MEETING ON THE APPLICATION

BY VM EVERGREEN, LLC FOR A DEVELOPMENT AGREEMENT AND A

CANNABIS FACILITY PERMIT
Based on the above Recitals, the City Council instructs the City Planning Commission and its individual members to immediately complete its public meeting on the application by VM Evergreen, LLC for a Development Agreement and a Cannabis Facility Permit and to make a final decision on the matter on or before December 17, 2018. Thereafter, if no further action has been taken by the Planning Commission, this matter shall be deemed denied by the Planning Commission and transferred to the City Council for all purposes and the application will no longer be pending before that body. The City Manager is directed to forthwith inform the Commissioners of this resolution and to coordinate with staff a new date and time for the Commission meeting.

SECTION 3. THIS MATTER SHALL RETURN TO COUNCIL FOR A STATUS HEARING ON DECEMBER 18, 2018.

This matter shall return to the City Council for a status hearing on December 18, 2018. All other action items on this matter agendized for today (December 4, 2018) shall be continued to December 18, 2018 before this City Council.

SECTON 4. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Cudahy at its regular meeting on this 4th day of November 2018.

Chris Garcia
Mayor
571 of 1055 ATTACHMENT E Page 1244 of 3559
ATTEST:

Richard Iglesias
Deputy City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF CUDAHY )
I, Richard Iglesias, Deputy City Clerk of the City of Cudahy, hereby certify that the foregoing Resolution No. 18-54 was passed and adopted by the City Council of the City of Cudahy, signed by the Mayor and attested by the Deputy City Clerk at a regular meeting of said Council held on the 4th day of November 2018, and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Richard Iglesias
Deputy City Clerk
572 of 1055 ATTACHMENT E Page 1245 of 3559
EXHIBIT I:

RESOLUTION 18-55
573 of 1055 ATTACHMENT E Page 1246 of 3559
1 RESOLUTION NO. 18-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CUDAHY, CALIFORNIA, TO HEAR AN APPLICATION FOR A

DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF

CUDAHY AND VM EVERGREEN, LLC, A WYOMING LIMITED

LIABILITY COMPANY AND THE ISSUANCE OF A COMMERCIAL

CANNABIS PERMIT
WHEREAS, the City of Cudahy (“City”) is a general law city, incorporated under the laws of the State of California, and has the power to make and enforce within its jurisdictional limits all local, police, sanitary and other ordinances and regulations not in conflict with the general laws of the state; WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code (the Development Agreement Statute"); and
WHEREAS, the Development Agreement Statute authorizes the City to enter into a property development agreement with any person having legal or equitable interest in real property for the development of such property in order to establish certain development rights; and WHEREAS, the Development Agreement Statute specifies what kind of public hearings and notice must be given when an agency gets to the point of considering whether to approve development agreements. Hearings must be held by the agency’s planning agency and its governing body. Cal. Gov’t Code § 65867. A local agency’s development agreement procedures are an opportunity for the planning commission to make a recommendation on whether or not to approve the agreement and weigh in on proposed findings; and WHEREAS, in accordance with California law, the City of Cudahy has adopted Municipal Code Chapter 20.28 (Development Agreements) [Renumbered as Part 9 of the Zoning Code §20.84.530-20.84.640 adopted by the City Council on 7/17/18] establishing the procedures and requirements for the consideration of development agreement with the City; and WHEREAS, CMC §20.84.550.C provides that the planning commission and the city council shall hold noticed public hearings on every completed application for a development agreement; and
WHEREAS, on September 11, 2017, the City Council for the City of Cudahy passed Ordinance No. 673 establishing regulations and a discretionary review process for the allowance of medicinal-only commercial cannabis activities (cultivation, distribution, manufacturing, deliveries, micro-business and laboratory testing) in a specified Overlay Zone through a Commercial Cannabis Facility Permit and development agreement; and WHEREAS, on November 19, 2018, the City of Cudahy Planning Commission ("Planning Commission") conducted a properly noticed public hearing to consider the recommendation of an Ordinance approving a Development Agreement By and Between the City of 574 of 1055 ATTACHMENT E Page 1247 of 3559
2 Cudahy and VM EVERGREEN, LLC a Wyoming limited liability company [DA#18-001C] ("Development Agreement") and the issuance of Commercial Cannabis Facility Permit No. CCP 18-0001 to allow a Commercial Cannabis Facility for the Site set forth in the Development Agreement located at 8222 Atlantic Avenue, City of Cudahy, CA; and WHEREAS, the following is a summary of what occurred at the public hearing:

Hearing date: November 19, 2018
Hearing time: 6:00 p.m.

Commissioners in attendance: Chairman Fuentes, Vice-Chairperson Alcantar, and Commissioner Corvera-Hernandez
Item: 7B. Public Hearing re VM Evergreen, CCP18-001, and DA18-001C

1. Staff makes power point presentation

2. Chair Fuentes opens Public Hearing

3. Tony Solimon, and Applicants address and field questions from Commission.

Applicants mention that they are an all Latina group of investors from the local area with health care experience interested in investing in their community

4. Chairman Fuentes closes Public Hearing

5. Discussion among Commissioners

7. Staff mentions that next regularly scheduled PC meeting is 12/17, but will likely go dark because of proximity to holidays

9. On 2-1 vote, the Commission continues item to the next PC meeting. Date uncertain.

Chairman Fuentes dissents.

Item 7C. Public Hearing re Old and Rusty, CCP18-0013, and DA18-013C

1. Staff makes power point presentation

2. Chair Fuentes opens Public Hearing
575 of 1055 ATTACHMENT E Page 1248 of 3559
3 3. Steve Winders, property owner, addresses and fields questions from Commission. Mr.

Winders, on behalf of the Applicants, explains that his family has owned the subject property since the 1950's

4. Chairman Fuentes closes Public Hearing

5. Discussion among Commissioners

7. Commissioner Corvera-Hernandez claims he misunderstood the vote. Intended to continue item.

8. Special counsel explains that a Motion to Reconsider would be required in order for Commissioner Corvera-Hernandez to change his vote

9. No Motion to Reconsider was made.

Item 7E. Public Hearing re Starcraft, CCP18-0014, and DA18-014C

1. Staff makes power point presentation

2. Special counsel explains that this item was taken out of order to accommodate the presentation sequence

3. Chair Fuentes opens Public Hearing

4. Steve Winders reminds Commission that this Applicant has the same operator and same property owner as the Applicant previously approved

5. Chair Fuentes closes Public Hearing

6. Discussion among Commissioners

7. Vice Chair Alcantar moves to continue item to the next PC meeting (date uncertain), motion seconded by Commissioner Corvera-Hernandez

9. Staff reminds Commission of the time sensitivity

10. Special counsel further advises that the continuance will be extensive since new commissioners will need to be briefed and informed on the Medicinal Cannabis regulatory process. This Commission is already familiar with process, and has previously deliberated on 576 of 1055 ATTACHMENT E Page 1249 of 3559
4 several CCP's and DA's

11. On 2-1 vote, Commission continues item to next PC meeting. Date uncertain. Chair Fuentes dissents.

Item 7D. Public Hearing re Staple Room, CCP18-0015, and DA18-015C

1. Staff makes power point presentation

2. Chair Fuentes opens Public Hearing

3. Steve Winders implores Commission to reconsider its determinations

4. Applicant also addresses Commission to consider the time sensitivity impacts to on going cost of maintenance

5. Chair Fuentes closes Public Hearing

6. Discussion among Commissioners

7. Commissioner Corvera-Hernandez moves to continue item to the next PC meeting (date uncertain), motion seconded by Vice Chair Alcantara. Chairman Fuentes dissents.

8. Staff advises Commission may also consider denying staff's recommendation in order to preserve the Applicant's rights to appeal the determination to the City Council

9. On a 2-1 vote, Commission continues item to next PC meeting. Date uncertain. Chair Fuentes dissents.

Three Commissioners shall constitute a quorum for the transaction of business. CMC §2.36.010(8). The principal duty of the Planning Commission is to make recommendations to 577 of 1055 ATTACHMENT E Page 1250 of 3559
5 the City Council on various planning and land use matters. CMC §2.36.010(10). City law requires that the Commission "shall hold at least one regular meeting each month at such time and place as it shall fix by resolution." CMC §2.36.010(6); and WHEREAS, on November 19, 2018, only three of the Commissioners were present at the November 19, 2018 commission meeting. Two Commissioners were not present at the public hearing and, therefore, took no part in the public discussion. One of the members in attendance is likely to be elected to the City Council and will soon no longer be a Commissioner. In the event of a continued public meeting on the applications, the new and/or missing members then in attendance will have no personal knowledge of what transpired at the November 19, 2018 public hearing. At the present time, there is no regular or special meeting set for the month of December 2018; and
WHEREAS, the Permit Streamlining Act ("PSA") is a state law enacted in 1977 to expedite the processing of permits for development projects. See, Government Code §65921.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CUDAHY DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:

SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth 578 of 1055 ATTACHMENT E Page 1251 of 3559
6 herein.

SECTION 2. A PROPERLY NOTICED PUBLIC HEARING ON THE

DEVELOPMENT AGREEMENT AND THE CANNABIS FACILITY PERMIT

HAS ALREADY BEEN HELD AND CLOSED BY THE PLANNING

COMMISSION
Based on the above Recitals, the City Council finds and determines that a properly noticed public hearing by the Planning Commission has already been held and closed as required by law and, therefore, this matter may now be set for public hearing before this City Council. There is nothing in the record that indicates that Planning Commission continued the public hearing portion of the November 19, 2018 meeting.

SECTION 3. THE PLANNING COMMISSION’S CONTINUATION OF ITS

DECISION ON THE APPLICATION FOR A DEVELOPMENT AGREEMENT

AND A CANNABIS FACILITY PERMIT WAS UNJUSTIFIED AND MAY

EXPOSE THE CITY TO UNNECESSARY LITIGATION
Based on the above Recitals, the City Council finds and determines that the Planning Commission’s continuation of its decision on the application for a Development Agreement and a Cannabis Facility Permit to an unspecified future date was unjustified and is in effect a defacto denial of the application without expressed findings of fact as required by law. Such indecision could expose the City to unnecessary and avoidable litigation from the applicants if not acted upon promptly.

SECTION 4. THE CITY MANAGER IS DIRECTED TO PROCEED WITH

THE PROCESSING OF THE APPLICATION BY VM EVERGREEN, LLC FOR A

DEVELOPMENT AGREEMENT AND A CANNABIS FACILITY PERMIT

DIRECTLY BEFORE THE CITY COUNCIL
Based on the above Recitals, the City Council grants the Applicant’s request for an immediate hearing directly before the City Council on its application for a Development Agreement and a Cannabis Facility Permit. Alternatively, this matter will be heard on the City Council’s own initiative.

The City Manager is directed to immediately proceed with the processing of the application for initial consideration by the City Council in a properly noticed public hearing. The City Manager shall also notify the Planning Commission that the City Council still welcomes their input on the applications and that nothing herein shall prevent the Planning Commission from making a formal recommendation to the City Council on the matter, provided such meeting and decision takes place on or before December 17, 2018. Thereafter, if no further action has been taken by the Planning Commission, this matter shall be deemed denied by the Planning Commission and transferred to the City Council for all purposes and the applications will no longer be pending before that body. This resolution shall take effect upon adoption.

SECTON 5. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, 579 of 1055 ATTACHMENT E Page 1252 of 3559
7 paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

PASSED AND ADOPTED by the City Council of the City of Cudahy at a duly noticed meeting held on the day of , 2018 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
Mayor, Chris Garcia
ATTEST:
___________________________________
City Clerk
580 of 1055 ATTACHMENT E Page 1253 of 3559
EXHIBIT J:

ORDINANCE NO. 698
581 of 1055 ATTACHMENT E Page 1254 of 3559
1 ORDINANCE NO. 698

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUDAHY, CALIFORNIA, APPROVING: (1) A DEVELOPMENT
AGREEMENT [NO. DA18-001C] BY AND BETWEEN THE CITY OF

CUDAHY AND VM EVERGREEN, LLC, A WYOMING LIMITED
LIABILITY COMPANY AND (2) THE ISSUANCE OF A COMMERCIAL

CANNABIS PERMIT
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code (the Development Agreement Statute"); and
WHEREAS, the Development Agreement Statute authorizes the City to enter into a property development agreement with any person having legal or equitable interest in real property for the development of such property in order to establish certain development rights; and WHEREAS, in accordance with California law, the City of Cudahy has adopted Municipal Code Chapter 20.28 (Development Agreements) [Renumbered as Part 9 of the Zoning Code §20.84.530-20.84.640 adopted by the City Council on 7/17/18] establishing the procedures and requirements for the consideration of development agreement with the City; and WHEREAS, on September 11, 2017, the City Council for the City of Cudahy passed Ordinance No. 673 establishing regulations and a discretionary review process for the allowance of medicinal-only commercial cannabis activities (cultivation, distribution, manufacturing, deliveries, micro-business and laboratory testing) in a specified Overlay Zone through a development agreement; and
WHEREAS, all procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have been satisfied. 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;
WHEREAS, the City of Cudahy Planning Commission ("Planning Commission") conducted a properly noticed public hearing to consider approval of a Commercial Cannabis Permit and a Development Agreement (as defined below), at which testimony and evidence, both written and oral, were presented to and considered by the Planning Commission; and WHEREAS, the City Council shall approve a development agreement by ordinance; and WHEREAS, subsequent to receipt of a report on the Planning Commission's actions, the City Council conducted a properly noticed public hearing to consider the approval of a Commercial Cannabis Permit and Development Agreement, at which testimony and evidence, both written and 582 of 1055 ATTACHMENT E Page 1255 of 3559
2 oral, were presented to and considered by the City Council.

NOW THEREFORFE, THE CITY COUNCIL OF THE CITY OF CUDAHY
DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. APPROVAL OF DEVELOPMENT AGREEMENT
That the City Council hereby approves the Development Agreement By and Between the City of Cudahy and VM Evergreen, LLC a Wyoming limited liability company ("Development Agreement") [DA#18-001C], a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A," subject to the terms and conditions stated therein.

SECTION 3. APPROVAL OF COMMERCIAL CANNABIS PERMIT
That the City Council hereby approves Commercial Cannabis Permit No. CCP 18-0001, subject to the terms and conditions stated therein, to allow a Commercial Cannabis Facility for the Site located at 8222 Atlantic Avenue, City of Cudahy, CA as set forth in the Development Agreement. A copy of the permit is attached hereto and incorporated herein by this reference as Exhibit "B." The Commercial Cannabis Permit shall be issued upon execution by the City of the Development Agreement.

SECTON 4. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

SECTION 5. EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect thirty (30) days after its second reading by the City Council.

SECTION 6. EXECUTION OF DEVELOPMENT AGREEMENT
The Development Agreement shall not be executed by the City until on or after the effective date of the Ordinance.

SECTION 7. RECORDATION OF DEVELOPMENT AGREEEMENT
That the City Clerk is hereby directed to record the fully executed Development 583 of 1055 ATTACHMENT E Page 1256 of 3559
3 Agreement with the County Recorder for the County of Los Angeles no later than ten (10) days after its execution.
584 of 1055 ATTACHMENT E Page 1257 of 3559
4 SECTION 8. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published, in full or in summary format, according to law.

PASSED AND ADOPTED by the City Council of the City of Cudahy at a regular meeting held on the day of , 2018 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

Rick Iglesias, City Clerk Chris Garcia, Mayor
APPROVED AS TO FORM:

Glenn Ward Calsada, Special Counsel
585 of 1055 ATTACHMENT E Page 1258 of 3559
5 EXHIBIT "A"

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF CUDAHY

AND VM EVERGREEN, LLC

A WYOMING LIMITED LIABILITY COMPANY

SEE ATTACHMENT
586 of 1055 ATTACHMENT E Page 1259 of 3559
6 EXHIBIT "B"

COMMERCIAL CANNABIS PERMIT

SEE ATTACHMENT
[The Permit will be based upon the Staff Report with
Conditions of Approval in a Letter to Follow]
587 of 1055 ATTACHMENT E Page 1260 of 3559
RECORDING REQUESTED BY |
City of Cudahy |
AND WHEN RECORDED MAIL TO: |
City of Cudahy |
5220 Santa Ana Street |
Cudahy, CA 90201 |
Attention: City Manager |
|
==================================================================

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Recording Fee Exempt per Government Code §6103

COMMERCIAL CANNABIS

DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF CUDAHY AND

VM EVERGREEN, LLC
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into this __________ day of ________________, 2018, (the “Execution Date”), by and between the CITY OF CUDAHY, a California municipal corporation (“City”) and VM EVERGREEN, LLC a Wyoming limited liability company ("Owner") authorized to do business in the State of California. City and Owner are sometimes referenced together herein as the “Parties.” In instances when a provision hereof applies to each of the Parties individually, either may be referenced as a “Party.” The Parties hereby jointly render the following statement as to the background facts and circumstances underlying this Agreement.

RECITALS
A. The State of California enacted California Government Code Sections 65864 et seq. (“Development Agreement Statutes”) to authorize municipalities to enter into development agreements with those having an interest in real property to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development in connection with the development of real property within their jurisdiction.

B. The purpose of the Development Agreement Statutes is to authorize municipalities, in their discretion, to establish certain development rights in real property for a period of years regardless of intervening changes in land use regulations, to vest 588 of 1055 ATTACHMENT E Page 1261 of 3559
certain rights in the Owner, and to meet certain public purposes of the local government.

C. As authorized by the Development Agreement Statutes, the City has adopted Municipal Code Chapter 20.28 (Development Agreements) establishing the procedures and requirements for the consideration of development agreements with the City.

D. Owner currently holds a legal or equitable interest in real property considered in this Agreement which has a development area approximately 17,500 square feet located at 8222 Atlantic Ave., City of Cudahy, State of California (the “Site”). The Site includes Assessor’s Parcel Number: 6224-023-019, and is more fully described in Exhibit A and shown on the map in Exhibit B. Both exhibits being attached hereto and incorporated herein by this reference.

E. Presently, Owner has a leased interest in a portion of the Site for the purpose of medicinal cannabis related activities which shall include, but not be limited to, facilities where cannabis is planted, grown, harvested, dried, cured, graded, trimmed, extracted, manufactured into cannabis products, distributed, or transported sold not as a store-front retail dispensary, or that does all or any combination of those activities (“Medicinal Cannabis”). The Site will include a non-cannabis lounge cafe. Such Medicinal Cannabis facilities shall operate in accordance with all applicable provisions of Business and Professions Code §§26000-26231.2; California Health and Safety Code Safety Code §§ 11357-11362.9 and 11362.7-11362.85; Revenue and Taxation Code §§ 34010-34021.5; Vehicle Code §§ 2429.7 and 23222; Water Code §§ 1831, 1847, and 13276; and the City of Cudahy Municipal Code as it applies to such facilities (collectively the “California Cannabis Laws”). Prior to operating a medicinal cannabis cultivation facility, Owner shall be required to obtain a Medicinal Commercial Cannabis Permit from the City pursuant to City Ordinance No. 673.

F. Ultimately, Owner intends upon obtaining a state license issued, pursuant to California Cannabis Laws, to operate a medicinal commercial cannabis or adult use facility at the Site. The definition of "Owner" hereunder shall mean and refer to the fee simple owner and/or any authorized tenant of the Site to the extent such party holds or is covered by a Regulatory Permit. In the event the City of Cudahy permits adult use cannabis commercial activity, Owner shall receive priority processing for any corresponding City permits for the same to the extent authorized by law.

G. On December 3, 2017 Owner applied to this City for a Medicinal Cannabis Manufacturing Permit, Cannabis Cultivation Permit, Cannabis Distribution Permit and a Cannabis Retail Delivery Permit (hereinafter "Regulatory Permit”) to conduct Medicinal Commercial Cannabis Activities. No such activities are permitted without a 589 of 1055 ATTACHMENT E Page 1262 of 3559
Development Agreement within or outside the boundaries set forth in the Overlay Zone/Permit Area illustrated in Exhibit “A” to City Ordinance No. 673.

H. Owner presently intends to develop and open a medicinal marijuana facility on the Site consistent with the California Cannabis Laws and Project Approvals (known as the “Project”). The Project will include taking fresh and dried plant material and selectively extract the plant oils and components to produce a concentrate of products of medicinal cannabis of the same, only to other legally permitted persons and entities under the California Cannabis Laws (“licensed persons”), who operate retail dispensary outlets or other licensed facilities under the California Cannabis Laws, but would not include the dispensing or sale of Cannabis Products at the Project Site without further authorization by the City.

I. The proposed project includes a Commercial Cannabis Permit, which is a type of conditional use permit, to allow for a Commercial Cannabis Facility and a Development Agreement (DA) for commercial cannabis activities including manufacturing, cultivation, distribution, delivery, and a non-cannabis lounge cafe within four (4) currently vacant approximately 17,500 square foot buildings. The site is currently developed with four (4) industrial/commercial buildings. The proposed project will be built in two phases and includes the following commercial cannabis activities:
• Cultivation: Cultivation premises are located within Building C and consists of a 187 square foot check-in and kitchenette area, a 186 square foot administration office, a 54 square foot safe room, a 60 square foot restroom, a 345 square foot storage room with two (2) 2,000 gallon water tanks, a 377 square foot trimming room, a 132 square foot drying room, two (2) cultivation rooms totaling 1,890 square feet, and two (2) 600 water tanks located adjacent to the cultivation rooms. The total production space is 2,744 square feet with 1,376 square feet of total premises space. The total cultivation area is 4,120 square feet. • Manufacturing: Manufacturing premises are located within a 3,900 square foot space in Building A and a 2,150 square foot space in Building B. Building A consists of a 462 square foot packaging room, two (2) utility rooms totaling 163 square feet, a 156 square foot non-volatile CO2 extraction area with two (2) CO2 extractor systems, a 663 square foot post-extraction area with eight (8) vacuum ovens, a 3,127 square foot break room, a 60 square foot restroom, a 83 square foot formulation room, a 100 square foot cryogenic room with four (4) refrigerators, a 247 square foot product packaging room, a 169 square foot security office, a 29 square foot fire riser room, a 29 square foot data room, a 183 square foot administration office, and a 394 square foot shipping and receiving area. Building B consists of a 251 square foot product packaging room, a 39 square foot utility room, a 413 square foot non-volatile post-extraction room with eight (8) vacuum ovens, a 127 square foot formulation room with three (3) refrigerators, a 129 square foot cryogenic room with five (5) refrigerators, a 77 590 of 1055 ATTACHMENT E Page 1263 of 3559
square foot storage room, a 133 square foot office, two (2) non-volatile extraction booths totaling 172 square feet, and a 246 square foot mechanical room. The total production space is 3,526 square feet with 2,524 square feet of total premises space. The total manufacturing area is 6,050 square feet. • Distribution: Distribution premises are located within a 2,810 square foot space in Building A and consists of a 420 square foot packaging room, a 254 square foot tested batches room, a 470 square foot pre-testing batches room, a 438 square foot shipping and receiving area, a 156 square foot track and trace administration room, a 34 square foot samples room, a 39 square foot record keeping room, a 33 square foot data room, a 89 square foot security room, a 52 square foot check-in area, two (2) utility rooms totaling 77 square feet, a 135 square foot break room, and two (2) restrooms totaling 112 square feet. The total production space is 1,975 square feet with 835 square feet of total premises space.
• Delivery: Retail delivery premises are located within Building D and consists of a 176 square foot stock product room, a 113 square foot administration office, a 39 square foot kitchenette area, and a 72 square foot restroom. The total production space is 289 square feet with 111 square feet of total premises space. Control Access will be for delivery personnel only. Hours of operation and delivery protocol will be in line with state guidelines. The total delivery area is 400 square feet.
• Non-Cannabis Use: The non-cannabis lounge cafe is located within a 4,120 square foot space in Building A and consists of a 1,838 square foot seating area, a 444 square foot VIP room, a 280 square foot café bar, a 100 square foot walkin cooler, a 145 square foot service room, a 141 square foot office, a 28 square foot data room, a 28 square foot file room, a 137 square foot storage room, and a men’s and woman’s restroom totaling 344 square feet. The total premises space is 4,120 square feet.
• General Business Offices: The facilities office, distribution, and the noncannabis lounge cafe hours will be from 8 a.m. to 10 p.m., 5 days a week and facility operations will be 24 hours, with approximately seven (7) employees per shift. The delivery will operate 7 days a week from 8 a.m. to 10 p.m.

Parking/Loading/Access: The proposed project provides 18 parking spaces, including 3 accessible van spaces. Loading will take place on-site. In no event will loading occur within the public right-of-way. Vehicular access to the site will be through an existing driveway on Cecelia Street. Within the site, access to the structure will be through the secured front office entrance. The project complies with the CAL Green Tier 1 by incorporating stormwater pollution prevention measures, installing energy- and waterefficient equipment, and planting native and drought-tolerant landscaping at the front of the property.
591 of 1055 ATTACHMENT E Page 1264 of 3559
Security: The project will secure the facility against unauthorized entry by installing security lights on the exterior of the building to illuminate the side yards and parking area, installing commercial-grade locks, installing an alarm and video surveillance system, establishing procedures for identifying authorized persons, establish inventory controls, and install a secure surveillance vault to maintain the integrity of records. In addition, the applicant will engage a licensed security company to provide an operational security plan in compliance with Ordinance 673.

VM Evergreen, LLC will employ approximately 10 employees. As a term of the Development Agreement with the City, the facility must offer 50% of the employment opportunities to City residents. This will result in at least five (5) jobs in the City.

Currently, the site offers no employment opportunities to residents or otherwise, as the facility is vacant. The existing industrial buildings are located on a 33,835 square foot lot, which is unmaintained with no landscaping. With the façade and site improvements proposed by the applicant, the site would include a new security fence with lighting, 24- hour security cameras, 1,700 square feet of new landscaping area, various tenant improvements, and parking lot upgrades. All development will be consistent with the City’s proposed design and landscaping guidelines.

VM Evergreen, LLC has agreed to provide living wages, full-time employment, and medical benefits to their employees, as a term of their development agreement with the City. In addition to employment and other economic opportunities, VM Evergreen, LLC would further the City’s beautification efforts by providing on-site improvements, extensive landscaping, and enhance the security measures to the facility. VM Evergreen, LLC has demonstrated to the City that they are an exemplary corporate partner and would be dedicated to meeting the goals of the City and community. [x] Co-location, check if applicable:

Note MAUCRSA now authorizes a person to apply for and be issued more than one State license at one location provided the licensed premises are separate and distinct. See also, Cudahy Municipal Code Section 5.20.050(b)(2).

Owner has applied for four [4] license(s):
1) Manufacturing,
2) Cultivation,
3) Distribution
4) Delivery
J. On September 11, 2017, the City adopted Ordinance No. 673 permitting Certain Medicinal Commercial Cannabis Activities in strict compliance with the California Cannabis Laws under specified conditions and provisions. A referendum petition was 592 of 1055 ATTACHMENT E Page 1265 of 3559
circulated for signatures; however, on November 1, 2017, the County Clerk for the County of Los Angeles determined that the referendum lacked sufficient signatures to delay the effective date of Ordinance No. 673. The City has recently been presented with a citizen initiative to repeal Ordinance 673 and ban all marijuana uses in all zones.

Applicant is advised to consult with legal counsel on this matter.

K. All procedures of the California Environmental Quality Act (“CEQA”), California Public Resources Code §21000 et seq., and the CEQA guidelines, title 14 of the California Code of Regulations, chapter 3, §15000 et seq. have been satisfied.

L. The City has given public notice of its intention to adopt this Agreement and has conducted public hearings thereon pursuant to California Government Code §65867.

The City has found that the provisions of this Agreement and its purposes are consistent with the objectives, policies, general land uses and programs specified in City’s General Plan, zoning code and municipal ordinances.

M. The City, in entering into this Agreement, acknowledges that certain City obligations hereby assumed shall survive beyond the terms of the present Council members, that this Agreement will serve to bind City and future Councils to the obligations hereby undertaken, and that this Agreement shall limit the future exercise of certain governmental and proprietary powers of City. By approving this Agreement, the Council has elected to exercise certain governmental powers at the time of entering into this Agreement rather than defer its actions to some undetermined future date. The terms and conditions of this Agreement have undergone extensive review by City and the Council and have been found to be fair, just and reasonable. City has concluded that the pursuit of the Project will serve the best interests of its citizens and that the public health, safety and welfare are best served by entering into this obligation. Owner has represented to City that it would not consider or engage in the Project absent City approving this Agreement.

N. The City agrees that Owner’s land use entitlements for the Project shall vest for the term of this Agreement as described below.

O. After conducting a duly noticed hearing on ________________, in conjunction with Section 20.28.030 of the City’s Municipal Code, the Planning Commission of the City reviewed, considered and approved environmental clearance and recommended approval of the execution of this Agreement to the City Council. The Planning Commission found the Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the Overlay Zone; in conformity with the public necessity, public convenience, general welfare and good land use practices; will not be detrimental to the health, safety and 593 of 1055 ATTACHMENT E Page 1266 of 3559
general welfare of the city; will not adversely affect the orderly development of property or the preservation of property values; and will have a positive fiscal impact on the City.

P. After conducting a duly noticed hearing on ___________________, in conjunction with Section 20.28.060 of the City’s Municipal Code, and after independent review and consideration, the City Council approved the execution of this Agreement.

The City Council found the Project: consistent with the objectives, policies, general land uses and programs specified in the general plan; compatible with the uses authorized in the Overlay Zone; in conformity with good land use practices; will not be detrimental to the health, safety and general welfare of the City; and is in the best interest of the City of Cudahy and its residents.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

1. Government Code and Municipal Code Required Elements a. Description of Property. Land situated in the City of Cudahy, County of Los Angeles, State of California; whose street address is 8222 Atlantic Ave., City of Cudahy.
b. Owner and Other Person with Legal or Equitable Interest.

Owner: VM Evergreen, LLC
Nature of Interest: Lease for a minimum of 10 years with Option to Renew for an additional 10 years.

If Owner is not the fee simple owner of the Site, check box below:
[x] Owner represents and warrants that the property owner has consented in writing to the execution and recordation of this Agreement against the Site. See attached Landlord Consent agreement, incorporated herein by this reference (Exhibit C).
c. Permitted Uses. The subject property may be used for any medicinal commercial cannabis facility as presently authorized under 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 for any other use as authorized under applicable provisions of the municipal code.
594 of 1055 ATTACHMENT E Page 1267 of 3559
d. Zoning. Owner shall guarantee that such activities outlined in Owner’s Medicinal Commercial Cannabis Permit Application (“Application”) conducted pursuant to this Agreement and under the Regulatory Permit shall comply with the City’s municipal code, including the zoning ordinance and any and all development and construction requirements contained therein. Owner shall not conduct any business under this Agreement or under the Regulatory Permit without having obtained all necessary permits, licenses, and approvals from the City and State of California.
e. Reservation or Dedication of Land for Public Purposes. Sufficient roadway, sidewalk, and utility easements shall be reserved or dedicated to City for such purposes.

2. Term
This Agreement shall commence on the Effective Date and it shall end ten (10) years from the starting date, and it shall remain in full force and effect so long as the subject property is used for a commercial cannabis facility as authorized under sections 5.20.100, 5.20.110, 5.20.120 and 5.20.130 of the municipal code (as amended); provided, however, such use is not abandoned for a period of more than ninety (90) days.

This Agreement SHALL be extended for one (1) additional ten (10) year period following the expiration of the initial ten (10) year term upon the occurrence of all of the following:
(i) The Owner shall give written notice to the City no later than one hundred twenty (120) days before the expiration of the initial ten (10) year term that the Owner desires to extend this Agreement for an additional ten (10) year period;
(ii) The Owner shows adequate evidence to the City that it has a legal and/or equitable interest in the Property and/or will have such interests for the duration of the extended term of the Agreement; (iii) The Owner shall deposit all fees required by the City necessary for processing the extension request and drafting necessary documentation;
(iv) The Owner shall not be in default of any provision of any agreement between City and Owner relative to the development of 595 of 1055 ATTACHMENT E Page 1268 of 3559
the Property or of any condition of approval imposed upon any entitlement granted by the City relative to the development of the Property for which Owner has been given a written notice to cure by the City and for which Owner has not cured or commenced to cure such default within thirty (30) days, if and as provided by such agreement or condition of approval.

3. Owner’s Site and Floor Plans
a. Owner’s site plan and floor plan for the facility are attached hereto as Exhibit D and incorporated into the Application.
b. A preliminary landscape plan shall be prepared and reviewed and approved by the City Manager and/or Community Development Manager. A final landscape plan shall be prepared and submitted in conjunction with building and site improvement plans prior to issuance of building permits for construction activities.
c. An exterior signage plan shall be prepared and reviewed and approved by the City Manager and/or Community Development Manager in accordance with the procedures and requirements of Section 5.20.050(d) of the municipal code.

4. Facility Operations
a. Standard Operating Procedures. Owner is a lawful entity that will only sell to other legally permitted persons and entities under the California Cannabis Laws. Prior to operating a medical marijuana cultivation, manufacturing, distribution, or delivery facility, Owner shall be required to obtain a Cannabis Permit from the City pursuant to City Ordinance No. 673. Further, and notwithstanding anything to the contrary, Owner may operate such medicinal cannabis-related activities as permitted in accordance with California state law, as may be amended, including without limitation, as long as such activity is not inconsistent with the Cudahy Municipal Code.

During the term of its regulatory Permit and the term of this Agreement, Owner shall lawfully operate in accordance with all state and local laws. Owner shall employ exemplary operating procedures to comply with state and local laws.

Owner’s facility shall employ safety and security measures for the safety and security of its employees, visitors, vendors, and neighboring communities and properties.
596 of 1055 ATTACHMENT E Page 1269 of 3559
Owner shall fully comply with the minimum Business Standards regulating Medicinal Commercial Cannabis Activity set forth in new Section 5.20.050 of the Cudahy Municipal Code and such more specific operational requirements set forth in Exhibit E, "Business Standards", attached hereto. b. Security Plan. Owner shall secure approval of its proposed security plan by the Los Angeles County Sheriff or the City prior to operating. The security plan shall include, at a minimum and as appropriate, provisions for video surveillance, perimeter fencing and security, protection of the building(s) from vehicle intrusion, cash handling procedures, internal accounting controls, product handling and storage procedures, and a professionally monitored alarm system.

Equipment and systems used for video surveillance and building alarms shall be approved by City. See Cudahy Municipal Code Section 5.20.050(r) for minimum security requirements.

Video surveillance shall include, at a minimum, all site and facility entrances and access points, all spaces accessible by the public, all secured areas of the facility with restricted access, all interior spaces and rooms where medicinal cannabis products are handled and processed, shipping and receiving areas, cash storage areas, and other areas necessary to protect the safety of employees and the public and to ensure medical marijuana products are received, handled, stored, packaged, shipped, and distributed in compliance with applicable state and local laws and regulations. The video surveillance system shall be web-based with direct access provided to the Los Angeles County Sheriff upon request.

The security system shall also include sensors to detect entry and exit from all secure areas, panic buttons in appropriate locations, and a professionally monitored alarm system with glass breakage sensors and motion detectors.

Owner shall employ properly trained and licensed third-party security personnel to protect the welfare and safety of Owner and employees, and to ensure public safety to the neighboring community. Owner shall use security personnel 24 hours, 7 days a week. Security personnel may be armed so long as proper licensing and insurance requirements are followed and met by the third-party operator providing such security services.
c. Fire Department Approval. Owner shall not operate any facility, and no permit, license, or other approval issued by City shall be valid unless and until the Los Angeles County Fire Department has approved Owner’s site plan, floor plan, safety plan, and any other plans that require its approval. 597 of 1055 ATTACHMENT E Page 1270 of 3559
d. Possession of Firearms. Except for licensed and bonded security personnel, no person employed by Owner shall be in possession of any firearm while on the premises or location without having first obtained a license from the appropriate state or local agency authorizing the person to be in possession of such firearm. Every such person in possession of a firearm while on the premises or location must provide the City Manager and the Los Angeles County Sheriff, ten days before bringing the firearm onto the premises, with the following:
1) A copy of the license issued to the person by the appropriate state or local agency authorizing him or her to possess such firearm; 2) A copy of his or her law enforcement identification (if he or she is employed by a law enforcement agency);
3) A copy of his or her California driver’s license or California identification card; and
4) Any other information reasonably required by the Los Angeles County Sheriff to show that the individual is in compliance with the provisions of all laws regarding the possession and use of a firearm. e. Identification Display. Each owner, manager, employee, and individual member engaged in the cultivation, processing, manufacturing, distribution, or transporting of cannabis shall at all times while engaged in the duties of his or her position wear in plain sight, on his or her person and at chest level, a valid identification badge, issued by Owner.
f. Employee Background Checks/Procedures for Inventory Control to Prevent Non-Medical Diversion of Medical Cannabis. Only employees who receive clearance from the proper oversight authority shall be permitted to enter Owner’s facility. Each employee will have to meet a criminal background investigation conducted by the Los Angeles County Sheriff, which at minimum shall include a LiveScan criminal history check, which City shall make a good faith effort to facilitate within a reasonable time following the issuance of a commercial cannabis permit(s) or license(s) to Owner.

Owner shall take all necessary and reasonable steps to prevent the distribution of any of its medicinal cannabis products to minors; prevent revenue from the sale or distribution of its medicinal cannabis and/or infused products from going to criminal enterprises, gangs and cartels; prevent the diversion of cannabis from California to any other state; prevent state-authorized cannabis activity from being used as a cover or pretext for the trafficking of other illegal drugs or other 598 of 1055 ATTACHMENT E Page 1271 of 3559
illegal activity; prevent violence and the use of firearms in the cultivation, manufacture, testing, delivery and distribution of cannabis; discourage and educate against drugged driving and the exacerbation of other adverse public health consequences associated with cannabis use; disavow growing cannabis on public lands that creates attendant public safety and environmental dangers posed by such illegal uses; and discourage and educate against cannabis possession or use on federal property.
g. Quality Control and Testing. Owner shall utilize quality control measures and testing to ensure only the highest quality of commercial cannabis and infused products will be produced. Owner shall inspect the product to insure its identity and quantity, and shall have a testing lab perform testing of random samples prior to distribution to its patient collective membership affiliates.

Inspection and testing will be conducted by a testing lab off-site. Testing standards and procedures shall be in accordance with applicable state law and regulations.

All medicinal commercial cannabis products will undergo a quality assurance review in accordance with state law prior to distribution. Inventory procedures will be utilized for tracking and taxing purposes by the state. Owner shall employ an efficient record-keeping system to make transparent its financing, testing, and adverse effect recording, as well as recall procedures. Owner shall employ an efficient record-keeping system that will reflect its financing, testing, and adverse effect recording and product recall procedures.
h. Packaging of Medicinal Commercial Cannabis and Infused Products. All Owner commercial cannabis products shall be packaged and labeled as required by California Cannabis Law and applicable requirements and regulations issued by the State of California pursuant thereto. In addition to those packaging and labeling requirements, and packaging and labeling requirements set forth in Owner’s Regulatory Permit application, as amended or supplemented, all medicinal commercial cannabis products shall be packaged in an opaque childproof container which shall contain a label or be accompanied by a leaflet or inset that states, at a minimum:
1) The name, address and telephone number of the licensed medicinal commercial cannabis facility to which the medicinal commercial cannabis product is distributed, sold, or transferred;
2) The amount of medicinal commercial cannabis in the container; and 599 of 1055 ATTACHMENT E Page 1272 of 3559
3) The date the medicinal commercial cannabis was transferred to a licensed commercial cannabis facility.

Owner intends to produce infused products and shall secure any approval from the County of Los Angeles Health Department required for manufacturing and handling such products. Owner infused products shall not be produced, manufactured, stored or packaged in private homes. All medicinal commercial cannabis infused products shall be individually wrapped at the original point of preparation.
i. Point of Sale Tracking System. Owner shall maintain an inventory control and reporting system that accurately documents the location of medicinal cannabis products from inception through distribution, including descriptions, weight, and quantity. The inventory control and reporting system shall comply with the track and trace program required by California Cannabis Law and regulations issued thereunder.

Owner shall employ a electronic point of donation/sale system approved by the State of California for all point of donations/sales tracking from seed or inception to product distribution to other licensed commercial cannabis facilities. Such approved system shall track all medicinal commercial cannabis products, each edible, harvested flower, and/or manufactured concentrate, as well as gross sales (by weight and sale). Owner's point of sale system shall have the capacity to produce historical transactional data in accordance with City's requirements. j. Record Keeping. Owner shall maintain records for all medicinal commercial cannabis and/or infused products. Owner shall comply with all record-keeping responsibilities that are set forth in Municipal Code Sections

5.20.050(s), 5.20.110(e) & 5.20.120(n), including complete and up-to-date records regarding the amount of commercial cannabis cultivated, produced, manufactured, harvested, stored, tested, distributed, delivered or packaged at Owner’s facility.
k. Processing, Handling, Storing, and Distribution of Medicinal Commercial Cannabis and Related Products. Medicinal commercial cannabis cultivation, handling, storing, and processing shall be concealed from public view at all stages of growth and processing, and there shall be no exterior evidence of cultivation or processing occurring at the premises from a public right-of-way or from an adjacent parcel. Commercial cannabis cultivation, handling, storing, processing, or distribution shall not create offensive odors; create excessive dust, heat, noise, smoke, traffic, or other impacts that are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas 600 of 1055 ATTACHMENT E Page 1273 of 3559
open to the public; or be hazardous due to use or storage of materials, processes, products, or wastes.

Owner shall store its commercial cannabis and/or commercial cannabis products in a locked safe room with T-card identification access for management only. The safe room shall be constructed of fire-rate walls with numerous cameras installed to view all entries and exits from the safe room, as well as all other activities performed within Owner’s facility. Owner will not conduct outdoor operations except as related to lawful delivery and transportation of medicinal commercial cannabis and infused products. Owner will not store medicinal commercial cannabis or related products in its delivery vehicle outside normal operating hours of the facility.

Medicinal commercial cannabis products shall be sold or distributed only to licensed dispensaries in California. Excess or contaminated product will be securely stored on-site until it is properly disposed. Disposal may include composting, incineration, land-fill disposal through the local waste management hauler, or other disposal methodology in accordance with state and county health and safety codes and regulations.
l. Odor Control. All structures shall have ventilation and filtration systems installed that prevent commercial cannabis plant odors from exiting the interior of the structure. The ventilation and filtration system shall be approved by the Building Official and installed prior to commencing cultivation or manufacturing within the allowable structure. Facility air intake, exhaust, and recirculating system shall be of industrial grade. Activated charcoal, recirculating, and closed loop aeration systems will be utilized as necessary for effective odor control and management.
m. Description of Banking Plan. Owner shall seek to open a bank account under the name of Owner or its associated management company to provide transparency for funds received, operational costs, including payroll, tax payments to the state and federal governments. Should a bank account not be forthcoming, Owner shall implement other industry standard banking and/or other industry standard transactional mechanisms.
n. Transportation Plan. Owner shall comply with all state and local law regarding transportation, including the rules governing delivery service. Owner shall retain a list of names and cellular contact numbers for all employees engaged in transportation of commercial cannabis products and provide it to the applicable oversight authority, keeping the list current and up to date. 601 of 1055 ATTACHMENT E Page 1274 of 3559
Owner will keep complete and up-to-date records documenting each transfer of commercial cannabis to other lawful cooperative corporations, including the amount provided, the form or product category in which the commercial cannabis was provided, the date and time provided, the name of the employee making the transfer, the name and address of the other lawful cooperative corporation to whom delivery is made, and the amount of any related donation or other monetary transaction.

5. Community Relations, Employment, and Wages
a. Public Outreach and Education Program. The Owner shall coordinate and cooperate with City and other Owners of medicinal commercial cannabis facilities located within City of Cudahy in the establishment and implementation of appropriate public outreach and education programs, including but not limited to outreach and interface with public and private schools, youth organizations, religious organizations, health care providers, drug abuse treatment providers and mental health and drug counseling providers. The public outreach and education programs shall be approved by City.
b. Community Benefits Program

. The Owner shall coordinate and cooperate
with the City and other Owners of medicinal commercial cannabis facilities located within the City of Cudahy in the establishment, implementation, and funding of a community benefits program which could include such items as capital improvements, new community recreation facilities, expansion and/or improvement to existing facilities or other physical improvements that provide a benefit to the community, support of holiday and special community events, and support of local public service, public safety, litigation defense and special districts and social and community organizations. This community benefits program may be implemented by the City. The City will invite public participation in the decision-making process for identifying and prioritizing community needs and benefits, and identifying appropriate projects to be funded by the entity implementing this community benefits program. All projects under the community benefits program must be approved by the City.

Owner agrees, as a business expense, to pay the City the yearly sum of $66,667.00. Unless initialed below by the City Manager, this yearly sum shall be deposited in full into a dedicated account set up by the City in order to create, fund and implement a City-approved community benefits program. _________ If initialed here by the City Manager, Owner has been approved for the following payment plan: Within thirty days of the Effective Date of this Agreement, the Owner shall deposit into the City's dedicated account, in good 602 of 1055 ATTACHMENT E Page 1275 of 3559
funds, twenty percent (20%) of the yearly sum of $66,667.00 [initial payment calculated at $13,333.40] and shall pay the balance thereof over a period of ten (10) months payable in equal monthly installments of $5,333.36 per month. Each monthly payment shall be due and payable on the 1st day of each month and shall be deemed late on the 5th day of the month. The amount and schedule of payments may only be modified by the written consent of the City Manager at his sole and complete discretion.

Thereafter, on the anniversary date of the Effective Date of this Agreement, and yearly through-out the entire term of this Agreement and any extension thereof, Owner shall pay to the City, as a business expense, the yearly sum of $66,667.00, payable in the same manner as set forth above. c. Designation of Persons Responsible for Community Relations. At the time of this Agreement, Owner’s day-to-day operations manager, Vicki Barajas, will be responsible for community inquiries and complaints and on-site during normal business hours.
d. Interface with Los Angeles County Sheriff / Inspections. Owner’s day-today operations manager, Vicki Barajas, will interface with the Los Angeles County Sheriff Department's assigned designee to ensure its operation complies with state and local laws and regulations. The City Manager, or designee, or the Los Angeles County Sheriff's Department's assigned designee acting at the City Manager's request and per his specific and limiting instructions, shall have the right to enter all Premises from time to time unannounced during hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this Agreement and state and local laws and regulations, without the requirement of a search warrant, subpoena, or court order, and subject to appropriate cost recovery fees set forth in this Agreement, or adopted by the City. See, Cudahy Municipal Code Section 5.20.050(t).
____________________ Owner's Initials
e. Local Recruitment, Hiring, and Training Programs. Owner is committed to making a good-faith effort to recruit, hire, and train City residents for employment by Owner. A good-faith effort means Owner shall take the following or similar actions to recruit and employ City residents: 1) Contact local recruitment sources to identify qualified individuals who are City residents, 2) Advertise for qualified City residents in trade papers and newspapers of general circulation in the area, and 3) Develop a written plan to recruit and employ City residents as a part of the its workforce. At a minimum, the Owner commits to a local annual hiring goal of 603 of 1055 ATTACHMENT E Page 1276 of 3559
30% of total operational jobs for permanent and apprentice employees. This goal shall apply horizontally, across all departments and managerial positions. The Owner shall not be penalized or deemed in default under this Agreement if it is unable to achieve such a goal. "Local" is defined as within a 1-mile radius of the boundaries of the Overlay Zone. The Owner shall contact and work with a job referral agency assigned by the City Manager to implement a local hiring policy for permanent and apprentice employees. The purpose of the hiring policy is to facilitate the training and employment of local and disadvantaged job applicants for jobs with the Overlay Zone. Applicants for jobs shall not be disqualified from hiring solely on the basis of an arrest or conviction for a Cannabis-related crime that occurred prior to November 8, 2016, and could have been prosecuted as a misdemeanor or citation under current California law. The Owner shall report on compliance with the local hiring goals as part of its annual audit report. f. Living Wages. Living Wages. Owner shall pay all employees of the Facility, at a minimum, a Living Wage. A “Living Wage” is the higher of whatever the Owner currently pays its employees for similar work elsewhere or the following: the Full Cash Wage required to be paid by an employer to any individual under the City of Los Angeles Minimum Wage Ordinance [LAMC Sections 187 and 188], as adjusted annually.
g. Full-time Work. Owner shall make its best efforts to fill every position with a full-time employee. However, at no time shall Owner have a labor force that is composed of less than 50% full-time employees within its labor force, and Owner shall make a good faith effort to maintain a full-time employee level of 75%.

Owner agrees to provide to its eligible employees leave benefits, health and wellness benefits and other employee benefits to the extent such benefits are required to be paid for by Owner under applicable state and federal employment laws

6. Indemnification Agreement by each Cannabis Permittee Pursuant to Cudahy Municipal Code Section 5.20.070(g), the City Manager may require each Cannabis Permittee to execute a separate Indemnification Agreement prepared by the City that fully indemnifies the City for all liabilities associated with the Cannabis Permit, the Cannabis Permittee's Commercial Cannabis Activities, and any action taken by the Cannabis Permittee. The Indemnification Agreement shall include the defense of the City and reimbursement of all fees, costs and expenses incurred by the City related to any action arising from this Agreement.
604 of 1055 ATTACHMENT E Page 1277 of 3559

7. Fees, Costs, and Future Taxes
a. Fees. Owner agrees to pay all permit fees and charges referenced in Section 5.20.070(f) of the municipal code, in the amounts adopted by the City Council by resolution, as well as any fees set forth in this Agreement. Permit application, processing, and renewal fees shall be due and payable at the time application is made.
b. Costs. As defined in Article 8, Owner agrees to reimburse City for all additional reasonable costs of City resulting from the operation of a medicinal commercial cannabis facility authorized under applicable provisions of the municipal code, council resolutions and administrative policies and regulations.

Reimbursement to City for such costs shall be due and payable as set forth in Article 8.
c. Operating Fees.

As used herein, “Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the Cannabis Permittee applicant or Cannabis Permittee where the Commercial Cannabis Activity will be or is conducted. The parties stipulate and agree that the square footage for the Premises upon the Effective Date of this Agreement is and shall be during the term of this Agreement: 8,966 square feet.

As used herein, “Commercial Cannabis Activities” means all permitted activities: e.g., cultivation, possession, manufacture, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or distribution of Cannabis and/or Cannabis Products.

As used herein, “Gross receipts” shall mean the total amount actually received or receivable in the course of business in a calendar year or calendar month from sales or the performance of acts or services for which charge is made or credit allowed. “Gross receipts” include, without limitation, all receipts, cash, credit, property received in lieu of cash, and any other valuable consideration taken in exchange for goods, services or other valuable consideration. See, Cudahy Municipal Code Section 5.04.030(9).

As used herein, "Production Space" means the area on or within the Premises intended for Commercial Cannabis Activities excluding non-operational common areas such as restrooms, cafeterias, break rooms, hallways, corridors, 605 of 1055 ATTACHMENT E Page 1278 of 3559
vestibules, parking structures or surface street lots. The parties stipulate and agree that the square footage for the Production Space shall be Cultivation: 2,744 square feet.

Manufacturing: 3,526 square feet
Distribution: 1,975 square feet
Delivery: 400 square feet
Total Production Space: 8,645
The City Manager is specifically authorized to set and adjust the square footage for the Premises Space and Production Space and to determine the corresponding operating fee as the Project is completed.

Owner agrees to pay to City, in order to enable City to promote, protect, and enhance the healthy, safety, and welfare of the community and its residents and its quality of life, the greater of the following monthly fees (1) or (2):

1) a monthly operating fee of [.42 x total square foot of the "Premises"] until Owner is operating on the Premises, and selling product under its City Regulatory Permit and State Regulatory Permit. Once Owner is operational and generating revenue, the monthly operating fee is [.42 x total square foot of "Production Space"];

or,
2) a monthly operating fee(s) of:
2% of Gross Receipts for operations from the Cannabis
Manufacturing Permit on the Premises, and
2% of Gross Receipts for operations from the Cannabis
Cultivation Permit on the Premises, and
1 of Gross Receipts for operations from the Cannabis Delivery Permit on the Premises, and
1% of Gross Receipts for operations from the Cannabis
Distribution Permit on the Premises. This discounted 1% Cannabis Distribution Permit fee shall apply only to the distribution of cannabis product for anyone other than the Owner.

Facilities with multiple licenses must not commingle respective sales proceeds, and blend percentage rate of Gross Receipts.
606 of 1055 ATTACHMENT E Page 1279 of 3559

[_______________] If initialed here by the City Manager, Operating Fees shall begin to accrue ninety (90) days after the end of month of the Effective Date of this Agreement. Otherwise, Operating fees shall begin to accrue in the month of the Effective Date of this Agreement. The operating fee shall be due and payable on the 10th day of each calendar month through-out the term of this Agreement.

Failure to pay the fee within thirty (30) days after the due date shall result in a penalty for nonpayment in a sum equal to 25% of the total amount due.

Additional penalties will be assessed in the following manner: 10% shall be added to the first day of each calendar month following the month of the imposition of the 25% penalty if the fees remain unpaid in whole or in part – up to a maximum of 100% of the fee payable on the due date.
d. Owner understands and agrees that the fees set forth above shall be paid in a manner and in accordance with a payment schedule set or modified by City.

The cultivation, manufacturing, testing, distribution, and delivery space to which the fee applies is as identified on the attached floor plan. e. If Owner makes any changes to the interior layout of the facility that increases the amount of space allocated to those uses to which the per-squarefoot fee applies, Owner shall notify City of such changes at least fourteen (14) calendar days prior to making such changes, and the per-square-foot fee shall be modified accordingly. If Owner fails to give City notice as required herein, Owner shall be responsible for paying to City a per-square-foot fee based on any increase in the amount of space allocated to those uses to which the per-squarefoot fee applies retroactive to the date the Regulatory Permit became effective.

8. Cost Recovery Fee
City shall assess to Owner fees to recover City’s reasonable processing and monitoring costs relating to Owner’s business upon issuance of Owner’s Manufacturing, Cultivation, Testing, Delivery, and Distribution Permits or any Additional Permits (hereinafter “CRF”). CRFs are separate and apart from any operating fees set forth in Article 7
a. Processing Fees. Processing fees for the Application are based upon the direct and indirect costs that City incurs in reviewing the Application. The processing fees for the Application shall be based only on costs that are necessary for processing the Application and implementing the Ordinance, including staff time, legal fees, and consultant fees. “Necessary for” means that but for the Application, the costs would not have been incurred. The processing 607 of 1055 ATTACHMENT E Page 1280 of 3559
fee shall not include costs for other City management objectives, unless they are necessary for processing the Application.
b. Monitoring Fees. Monitoring fees for the Manufacturing, Cultivation and Distribution Permits are based upon the direct and indirect costs City incurs in confirming the use of the Property in accordance with the municipal code, the Ordinance, this Agreement, and the Application. The monitoring fees shall be based only on costs that are necessary for conducting these reviews. “Necessary for” means that but for the Manufacturing, Distribution, Testing, Delivery and Cultivation Permits, or any Additional Permits, the costs would not have been incurred. The monitoring fee shall not include costs for other City management objectives, unless they are necessary for monitoring the permitted activities. c. Billing and Payment. The City may elect to bill the Owner the Initial CRF on the first day of the month following the Effective Date of this Agreement.

Thereafter, City shall bill Owner the CRF on the first day of each Quarter with an invoice providing the time spent by City and its representatives. Owner shall pay the CRF invoice within thirty (30) days of the date the bill for the CRF is received by Owner.
d. Disputes If Owner disagrees with the dollar amount provided by City on the CRF invoice, Owner may submit a written request before the disputed fee is due for a substitution of alternative CRF invoice to the City Manager. The written request must include supporting documentation. After review of Owner’s written request, Owner and City shall work, in good faith to resolve Owner’s written request. The dispute shall be decided in favor of Owner if City does not respond to the written request within thirty (30) days of actual receipt.

9. Additional Owner Obligations
a. Reporting of Gross Receipts from Operations
1) Quarterly Receipts. No later than [For example, January 15, 2018], and every three months thereafter (i.e., April 15, July 15, October, and January 15 of each subsequent year), Owner shall deliver to City a report (the “Quarterly Report”) showing (i) Gross Receipts from operations for the immediate prior three months received by Owner, and a cumulative total of all amounts of Gross Receipts from Operations received by Owner for the calendar year, (ii) a calculation of the quarterly payment due to City for the prior three months, and (iii) a calculation of the cumulative total of all quarterly payments for the calendar year.
608 of 1055 ATTACHMENT E Page 1281 of 3559
2) Statement of Receipts/Annual Audit. The Owner shall keep complete, accurate and appropriate books and records of all receipts from operations in accordance with generally accepted accounting principles.

For purposes herein, “books and records” shall mean all bookkeeping or accounting documents Owner typically utilizes in managing its business operations relating to the Project. Such books and records, as well as all other relevant documents as the City Manager may reasonably require, shall, upon reasonable written notice, be open for inspection by City, its auditors or other authorized representatives. If at any time during the term such books and records prove inadequate in the reasonable judgment of City to record the Gross Receipts from Operations as herein required, Owner shall, upon the written request of the City, procure and maintain such books and records as shall be of a character and from adequate for such purpose. City shall have the right to audit and examine such books, records and documents and other relevant items in the possession of Owner, on no less than an annual basis, or at any time upon reasonable request by the City, to the extent necessary for a proper determination of Gross Receipts from Operations, and all such books, records, documents and other items shall be held available for such audit and examination.

The City’s audit shall be performed by a non-contingency fee independent auditor approved in advance by the City. Upon request by City, Owner shall make all such books, records and documents available to the City Manager, his designee, or to the City approved auditor, and provide removable copies thereof, within thirty (30) of the date of City’s request.

Owner shall pay all costs of such audits. Owner shall preserve such books, records, documents, and other items in Cudahy for a period of not less than one (1) years for the purpose of auditing or re-auditing these accounts upon reasonable notice; except that, if an audit is made within the seven-year period and Owner claims that errors or omissions have occurred, the books and records shall be retained and made available until those matters are resolved. City shall keep strictly confidential all statements of revenue furnished by Owner and all other information concerning Owner’s operation of the Premises obtained by City as a result of the inspection audit and examination privileges of City hereunder, except as otherwise required by law. If City receives a request for such information pursuant to the Public Records Act (California Government Code Section 6250, et seq.), City shall provide Owner notice of any such request prior to disclosing any such information and afford Owner the opportunity to obtain a protective order. Within seven (7) years after the receipt of any statement of receipts under this Agreement, City at any time shall be entitled to carry out an audit of such revenue either by City or agent to be designated by City. If it shall be determined as a result of such 609 of 1055 ATTACHMENT E Page 1282 of 3559
audit that there has been a deficiency in any payment due under this Agreement made on the basis of such statement, then such deficiency shall become immediately due and payable within thirty (30) days of such determination.
1) Copies of Tax Filings. Owner shall provide the City with courtesy copies of each and every report Owner is required to provide to the County of Los Angeles or the State of California for sales, use, or other tax purposes at the time such filings are made.
b. Future Revenue Mechanisms. During the term of this Agreement, if the City imposes (by Citizen Initiative or otherwise) an alternative revenue mechanism specifically related to cannabis operations (e.g., a cannabis tax), Owner agrees to renegotiate in good faith the terms of this Development Agreement with the City so as to comply with an alternative revenue mechanism.

As used in this section, “alternative revenue mechanism” does not include taxes, fees, or assessments levied on or collected from both medicinal cannabis and non-cannabis operations.

10. Insurance and Indemnity
a. Insurance. Owner shall require all persons doing work on the Project, including its contractors and subcontractors (collectively, “Owner” for purposes of this Article 6 only), to obtain and maintain insurance of the types and in the amounts described in this section and its subsections with carriers reasonably satisfactory to City.
b. General Liability Insurance. Owner shall maintain commercial general liability insurance or equivalent form with a limit of not less than Two Million Dollars ($2,000,000) (or as otherwise approved, in writing, by City) per claim and Two Million Dollars ($2,000,000) each occurrence. Such insurance shall also:
1) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insured.
2) Be primary with respect to any insurance of self-insurance programs covering City, its officials, employees, agents, and representatives. 3) Contain standard separation of insured provisions.
610 of 1055 ATTACHMENT E Page 1283 of 3559
c. Automotive Liability Insurance. Owner shall maintain business automobile liability insurance or equivalent form with a limit of not less than Two Million Dollars ($2,000,000) for each accident for the vehicles Owner operates in connection with its cannabis business. Such insurance shall include coverage for owned, hired, and non-owned automobiles. Such insurance shall also:
1) Name City, and work in good faith with the City and the insurers to name additional insureds as deemed reasonably necessary. “Additional Insureds” by endorsement with respect to performance of this Agreement.

The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insureds; 2) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives; 3) Contain standard separation of insured provisions.
d. Workers’ Compensation Insurance. Owner shall take out and maintain during the term of this Agreement, workers’ compensation insurance for all of Owner’s employees employed at or on the Project, and in the event any of the work is subcontracted, Owner shall require any general contractor or subcontractor similarly to provide workers’ compensation insurance for such contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by Owner. In case any class of employee engaged in work on the Project is not protected under any workers’ compensation law, Owner shall provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Owner hereby indemnifies City for any damage resulting from failure of Owner, its agents, employees, contractors, or subcontractors to take out or maintain such insurance. Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) each accident shall be maintained.
e. Other Insurance Requirements. Owner shall do all of the following:
1) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance that clearly evidenced all insurance required in this Article, including evidenced that such insurance will not be canceled, allowed to expire, or be materially reduced in coverage without thirty (30) days prior written notice to City. 611 of 1055 ATTACHMENT E Page 1284 of 3559
2) Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and policies, and properly executed certificates of insurance evidencing the insurance required herein.
3) Replace or require the replacement of certificates, policies and endorsements for any insurance required herein expiring prior the termination of this Agreement.
4) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the term or the mutual written termination of this Agreement.
5) Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to City.
f. Indemnity. Owner agrees to indemnify, defend, and hold City, and its elected and appointed council, boards, commissions, officers, agents, employees, contractors, consultants and representatives, harmless from any and all claims costs and liability for any personal injury or property damage which may arise as a result of any actions or negligent omissions by Owner or Owner’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, or operation of the Project.

11. Termination
a. Termination Upon End of Term. This Agreement shall terminate upon the expiration of the term, unless it is terminated earlier pursuant to the terms of this Agreement. Upon termination of this Agreement, City shall record a notice of such termination and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement.
b. Effect of Termination on Owner’s Obligations. Termination of this Agreement shall eliminate any further obligation of Owner to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Site or Project. Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of Owner to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.
612 of 1055 ATTACHMENT E Page 1285 of 3559
c. Effect of Termination on City’s Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof. Termination of this Agreement shall not, however, eliminate the rights of City to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination. d. Survival After Termination. The rights and obligations of the Parties set forth in Article 15, Article 21, and Section 23(e), Section 23(f), and Section 23(h), and any right or obligation of the Parties in this Agreement which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination.

12. Resources Efficiency
Owner shall endeavor to reduce its environmental impact when possible. The design of the facility shall include reasonable water and energy conservation measures in accordance with applicable State regulations.

13. Standard Conditions for Construction
During any on-site construction activities related to development of the project site and any buildings thereon, or renovation or remodeling of existing buildings, Owner shall comply with all applicable terms and conditions of City’s Standard Conditions for Construction, attached hereto and incorporated herein by reference as Exhibit F. The Project shall comply with the applicable parking standards established by the City for cannabis activities.

14. Defaults and Remedies
a. Remedies in general. It is acknowledged by the parties that City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure to delay by either party to perform any term or provision of this Agreement beyond a reasonable notice and cure period shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) day notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings.

Notwithstanding the foregoing to the contrary, if the alleged default is of such a 613 of 1055 ATTACHMENT E Page 1286 of 3559
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, 615 of 1055 ATTACHMENT E Page 1288 of 3559
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.
616 of 1055 ATTACHMENT E Page 1289 of 3559
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, 617 of 1055 ATTACHMENT E Page 1290 of 3559
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.
618 of 1055 ATTACHMENT E Page 1291 of 3559
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, 619 of 1055 ATTACHMENT E Page 1292 of 3559
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
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.
. 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 23(j), “Force Majeure”). 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 620 of 1055 ATTACHMENT E Page 1293 of 3559
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 621 of 1055 ATTACHMENT E Page 1294 of 3559
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 5.20.070(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, 622 of 1055 ATTACHMENT E Page 1295 of 3559
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: City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Attention: City Clerk
and Special Counsel, Glenn Ward Calsada, Esq.

Law Offices of Glenn Ward Calsada
23283 Ventura Boulevard
Woodland Hills, CA 91364
If to Owner: VM Evergreen, LLC
Attn: Javier Barajas, Manager
8116 Eastern Avenue
Bell Gardens, CA 90201
If to Landlord: Leonardo and Rosa Valles
6534 Bequette Avenue
Pico Rivera, CA 90660

With a courtesy copy to: VM Evergreen, LLC
c/o Legal Counsel
Tony Soliman
8116 Eastern Avenue
Bell Gardens, CA 90201

23. Miscellaneous Provisions
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 623 of 1055 ATTACHMENT E Page 1296 of 3559
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. 624 of 1055 ATTACHMENT E Page 1297 of 3559
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 625 of 1055 ATTACHMENT E Page 1298 of 3559
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.
l. 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 626 of 1055 ATTACHMENT E Page 1299 of 3559
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
hearing. Any modification ordered by the City Council pursuant to such hearing is subject to judicial review in accordance with California law. . 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 (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 627 of 1055 ATTACHMENT E Page 1300 of 3559
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 VM EVERGREEN, LLC
OWNER

Chris Garcia
Mayor Title: Managing Member
Name: Javier Barajas
APPROVED AS TO FORM:

Glenn Ward Calsada, Attorney at Law
Special Counsel for the City of Cudahy
628 of 1055 ATTACHMENT E Page 1301 of 3559

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) 629 of 1055 ATTACHMENT E Page 1302 of 3559
EXHIBIT “A”

LEGAL DESCRIPTION

630 of 1055 ATTACHMENT E Page 1303 of 3559
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
631 of 1055 ATTACHMENT E Page 1304 of 3559
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.

PARCEL MAP

633 of 1055 ATTACHMENT E Page 1306 of 3559
634 of 1055 ATTACHMENT E Page 1307 of 3559
EXHIBIT “C”

LANDLORD CONSENT

635 of 1055 ATTACHMENT E Page 1308 of 3559
6224-023-019
636 of 1055 ATTACHMENT E Page 1309 of 3559
637 of 1055 ATTACHMENT E Page 1310 of 3559
638 of 1055 ATTACHMENT E Page 1311 of 3559
639 of 1055 ATTACHMENT E Page 1312 of 3559
Vicki Barajas
CEO
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EXHIBIT “A”

LEGAL DESCRIPTION

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

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:

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:

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
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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:

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:

PARCEL MAP

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EXHIBIT “C”
LEASE
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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. 648 of 1055 ATTACHMENT E Page 1321 of 3559

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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 649 of 1055 ATTACHMENT E Page 1322 of 3559

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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.” 650 of 1055 ATTACHMENT E Page 1323 of 3559

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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.
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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 652 of 1055 ATTACHMENT E Page 1325 of 3559

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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.
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(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. 654 of 1055 ATTACHMENT E Page 1327 of 3559

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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. 655 of 1055 ATTACHMENT E Page 1328 of 3559

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Cudahy City CouncilJuly 16, 2024

Cudahy City Council
July 16, 2024