1003
Centr• al Caiifarr ia Gi•eens
carry our operations for several additional months and longer with slight alterations to immediate plans.
A. 3 Daily Operations
A. 3. 1 Statement of Operations
Central California Greens, Inc., a California C- Corporation, dba. (" Central California Greens", Applicant", or " Company"), will establish and operate a Commercial Cannabis Storefront Retailer with Delivery that, will engage in delivery at 16925 S Harlan Road. Lathrop. CA 95330 ( the " Facility"). At a high- level overview, Central California Greens will conduct the following activities as part of its cannabis dispensary operations:
A. Procurement of finished, i.e. final form, cannabis and cannabis products ( together referred to herein as " cannabis goods") from licensed distributors with a focus-on sourcing and featuring products cultivated and manufactured in Sacramento, San Joaquin, and/ or nearby areas;
s. Store and stage with proper security features finished cannabis goods prior to retail sale; and
c. Offer a specifically curated menu of finished cannabis goods for retail sale to qualified patients over the age of eighteen ( 18), their primary caregivers, and customers over the age of twenty-one ( 21) ( collectively, " Customers") at the Facility by operating as a cannabis Retailer Storefront.
D. Offer finished cannabis goods for retail sale to Customers via delivery vehicles by operating as a cannabis retail storefront with delivery operations.
E. Adopt and implement Best Practices from the cannabis industry Standard Operating Procedures. ( For an example, see ( SOP) " Cash Handling Policy and Procedures" attached herein.)
A. 3. 2 Opening and Closing Procedures
I. Dispensary Daily Operating Schedule
On days in which the Dispensary is open for operations, staff will operate the Dispensary pursuant to the following daily regular schedule:
A. Morning- shift personnel open the Facility for non- public operations at 7: 00 a.m.
Submittal # 3— Business Plan Page
12 1004
C ritral G IiEo• ia G e rts
B. From 7: 00 a.m. to 8: 00 a. m., morning- shift personnel stage cannabis goods for display and ultimate retail sale.
C. Morning- shift Dispensary personnel open the Dispensary for public operations at 8: 00 a.m.
D. From 8: 00 a.m. to 9: 00 p. m., the Facility is open to the public and Customers may engage in the retail purchase of cannabis goods.
E. Evening- shift Dispensary personnel close the Dispensary and customer delivery service for non- public operations at 9: 00 p. m.
F. From 9: 00 p. m. to 10: 00 p. m., evening- shift personnel finalize and log transactions from the day in accordance with the Applicant' s record- keeping policies. A visual inspection is conducted for all cannabis remaining on display. If any discrepancies are found it will trigger an audit and if needed, a full inventory reconciliation.
II. Opening Procedures ( Managers and Team Leads)
Activities in this section apply only to Managers and Team Leads. The opening procedures in this section begin no later than one ( 1) hour before store opening.
Guard service to be on site to pre- screen premises 30 minutes in advance of scheduled arrival time of opening manager to deter/ prevent robberies at opening of business.
Opening manager to drive perimeter of business looking for unusual circumstances and confirming presence and welfare of guard( s).
A. Enter thro gh the rear delivery entrance
Disable alarm. If found in disabled condition, retreat to position of safety and have guard clear interior of any hazards. Investigation into alarm failure is triggered.
Turn on lights
Put on ID badge.
Employees starting the shift can come in through either the front entrance or through the rear entrance ( those who park in the back lot). Security will confirm employee identity and allow employees through lobby. Ordinance requires door to be secured at all times, even during business hours. Guard will buzz staff in, verify they are scheduled, and issue their employee ID from the staff ID safe in the reception area.
Unlock front door just prior to opening.
B. Turn on the equipment at each POS register that is starting the shift:
Tablet( screen).
Scanner( wait for confirmatory beep)
IV. Opening ( Budtenders, Security and Intake)
Activities in this section apply to the rest of the crew ( not Managers and Team Leads).
A. Enter through the front entrance.
Submittal# 3— Business Plan Page
13 1005
Centr al C Nfo ni G- eer s
B. Put on ID badge provided by Security; badges will be stored in the Reception Safe where each night the manager places badges for the next day' s scheduled staff.
C. Pick up intercom headset, as applicable
D. Pick up walkie talkie/ radio. Radios to be carried by Security, on duty manager, retail shift leads, reception staff, and delivery drivers.
IV. Daily Inventory Staging for Sales Floor
A. Inventory Manager to open limited access Secured Product Storage area and move daily cannabis products to Internal Transfer Area
B. Budtenders to be assigned certain products from Internal Transfer Area to sales floor showcases and storage areas behind showcases to meet daily sales requirements V. Opening: Cash Count
A. Manager retrieves cash drawers from vault and works with Budtenders in Internal Transfer Area to ensure each register has starting balance of$ 263. 00 that Budtender shall be responsible for during their shift.
B. Budtender counts cash total with Manager prior to taking to POS station/register.
VIL End of Day Closing: Last Shift (Budtenders Only)
A. Budtenders organize their station and replenish bags and receipt papers. They shall also wipe clean the touch- screen monitors.
B. As directed by the manager on duty, budtenders perform partial inventory reconciliation. See Section A: Business Plan, 5. Inventory Control Procedures.
C. Return any equipment, badges, and intercom headsets to Security/ Reception D. When done with all the tasks, budtenders may clock out and leave.
E. Budtenders should normally leave through the front entrance of the store and are normally escorted by security ( unless requested otherwise) for personal safety reasons. Security provides escort to the employee' s vehicle.
F. Team leads and managers stay behind to perform additional tasks as the budtenders disperse.
VIIL Closing: Inventory Count
Activities in this section apply to Budtenders, Team Leads, and Managers.
A. Hard Count( Budtenders, Team Leads)
Budtenders and Team Leads organize the inventory and do a hard count using a notepad.
B. Verification ( Team Leads)
A Team Lead takes the notepad with the count and reconciles it with the live inventory system (the inventory count is only accessible by the Team Leads and Managers).
Submittal# 3— Business Plan Page
14 1006
eri• a! (; alifo• nia r eens
Ifthere are discrepancies, the items still in the Secured Product Storage may also be counted.
Ifthere are still discrepancies between hard count and FLOWHUB inventory count, the Team Lead highlights the items and presents the findings to the Manager.
C. Verification ( Manager)
The manager takes the notepad with the count and reconciles it with the live inventory system ( the inventory count is only accessible by the manager).
The manager may choose to perform another hard re- count of the item.
The manager can adjust actual count in live inventory.
IX. Closing: Closing Cash Drawers
A. The last budtender at a particular POS register logs out.
B. Manager: Turn off the register and print out daily receipt.
C. The receipt gives the receipt of totals for the entire drawer for the day.
D. Final register count confirmed by Manager and Budtender in Internal Transfer Area
E. Manager leaves $ 250 in register drawer that is placed in the vault overnight to start next day. Amounts over$ 250 are stored within a separate area of vault and scheduled for armored car cash pick up
F. Empty register left open overnight to show any potential criminal that no funds are available.
G. Write down the register number on the receipt.
H. Move to the next POS register and repeat steps.
XI. Closing: Total Count
A. Manager and respective budtender to re- count the money ( using the currency scanner/ counter) for all the drawers and compare the total from the currency counter to the actual Daily Total.
B. Get the batch ticket reflecting the total revenue for the entire day.
C. The cash for Daily Total is combined into a bag, and secured with a rubber band and placed into vault by Manager along with cash within cash drop safe from daily drops.
Submittal# 3— Business Plan Page
15 1007
eritral Califc° aia Gr e ns
D. In FLOWHUB, indicate that the cash has been moved to the main vault, and indicate the day in Notes field. This sends information to accounting, indicating the revenue for the day.
E. The cash bag is transferred into the main vault.
XII. Closing: Ending Shift( Managers and Team Leads)
A. Each manager and team lead complete the End of Day Checklist in FLOWHUB.
1. Login and select PM shift
2. Do not mark" check" on items you did not personally perform ( unless the manager verifies that he/ she performed the task).
3. End of Shift
4. Reset till, print totals report receipt, and attach to end of shift report
5. Inventory Check
6. Verify nightly inventory count sheet. If there are any corrections, submit a new Inventory Count Sheet.
7. Walkie- Talkies
a. Confirm that all walkie-talkies have been returned to the charging station. b. Sign Off
8. Verify & sign off on all daily procedures.
9. Clock Out and ID Badges— clock out and turn in badge to Manager.
10. Manager to review schedule for following day and place ID badges for scheduled staff in the Reception Safe for distribution by Security the following morning. All other badges to be stored in Manager' s office.
11. Employees shail exit through rear delivery entrance while Security monitors doorways and Manager is the last to leave.
B. Manager to ensure all registers are open and empty, all limited access areas are closed and locked, night lights are turned on and security alarm activated. Lock doors.
A. 3. 3 The Applicant' s Position in the State' s Mandated Cannabis Supply Chain
As a cannabis storefront dispensary engaged in the retail sale of cannabis goods and cannabis accessories to Customers, Central California Greens represents the final link in the State of California' s ( the" State") mandated Commercial Cannabis Supply Chain. Pursuant then to the State Cannabis Law, Central California Greens mu procure all finished cannabis goods at wholesale from licensed distributors, who have already ( i) procured the cannabis goods from licensed cultivators and manufacturers; ( ii) arranged for the finished cannabis goods to receive a Certificate of Analysis (" COA") from a testing laboratory that the finished Submittal# 3— Business Plan Page
16 1008
Central California Greens
cannabis goods have passed the testing requirements pursuant to the State Cannabis Law; and ( iii) performed quality assurance inspections on the finished cannabis goods. Central California Greens, therefore, will confirm a Distributor' s valid license number and associated shipping manifest with an approved / passed COA prior to accepting products as discussed in the Inventory Control Procedures in Section 5 of this Business Plan.
In furtherance of this, Central California Greens has already obtained written commitments from Licensed Distributors, who are willing to supply product to the retailer for operations.
Terp Wholesale, LLC in Sacramento California, is one of these such distributors who is already engaged in supplying San Joaquin County dispensaries.
The State' s Mandated Cannabis Supply Chain
Produc "
Cultivators
Dispensaries•
Distributors
Manufacturers
Extractionj
Delivery
Includes retailers, " microManufacturers Testing businesses" and " nonprofits Infusion) Lat orataries licensed under Section 26070. 5 of the B& P Code"
A. 3. 4 Best Practices 1 Standard Operating Procedures
Central California Greens shall adopt operational best practices in the form of Standard Operating Procedures across the totality of their operating activities. These industrystandard SOPs include, but are not limited to: Shipping, Receiving and Material Handling, Inventory Control, Destruction of Product, Handling of Damaged Product, Sanitation and Maintenance, Complaint Management, Employee Health and Hygiene, and Equipment Management.
Please see Sample SOP: Cash Management and Handling)
A.3. 4. 1 Facility Requirements
The Facility shall be constructed and maintained in a manner that ensures public and employee safety, and encourages sustainability as discussed in the Safety and Security Plans in Sections C and D.
Designated Employee Areas
Submittal # 3— Business Plan Page
17 1009
Ce t r-al C lifarx ia i• er1s
No person may store clothing or other personal effects in any area used for the storage, or preparation for sale, of cannabis goods. Areas designated for employees to eat or drink( e.g., break rooms or conference rooms) shall be located so that cannabis goods are protected from contamination.
Restrooms
There shall be access to restrooms with toilets in the Facility. The number of toilets and ADA accessible facilities provided are in accordance with local building ordinances. Restroomsshall be located in the common area of the building, separated by, self- closing doors that prevent passage of insects, dust, or odors. Restrooms shall be vented to the outside air by means of an open- able screened window, an airshaft, or a light switch- activated exhaust fan, consistent with the requirements of local building codes. As a progressive company, Central California Greens will consider and designate the restrooms as gender-neutral. Access to the restrooms shall be controlled by security personnel.
Facility Equipment Requirements
All utensils, display cases, windows, counters, shelves, tables, refrigeration units, and other equipment or utensils used in the preparation of delivery, sale, and display of cannabis shall be made of nontoxic, corrosion- resistant, nonabsorbent materials, and shall be constructed, installed, and maintained to be easily cleaned.
Cannabis Storage
Central California Greens shall store all cannabis in areas of the Facility that are ( i) completelyenclosed and designed to permit control of temperature and humidity and prevent the entry of environmental contaminants such as smoke and dust ( ii) within refrigerated safes or vaults where necessary that are bolted to the floor or structure of the Facility and ( iii) are only accessible by authorized personnel through key card, biometric or other similar limited access mechanism.
Facility Security Requirements
The Applicant shall implement security measures reasonably designed to prevent unauthorized entrance into areas containing cannabis goods and theft of cannabis goods from the Facility. Central California Greens' s security measures are contained in the Security Plan found in Section D. Please note our use of a contact-free screening lobby protecting staff from those as yet unidentified, a triple layer access control model to access retail, coupled with a door redundant, triple door exit path as referenced in greater detail in the Security Plan.
Submittal# 3— Business Plan Page
18 1010
Centi•a! C lifo° r ia C r°eer s
Security During Hours of Operation
Unless otherwise required by the State Cannabis Law or the City Cannabis Law, the Facility shall be open to the u lic between the hours of 8: 00 a.m. and 9: 00 p.m.
Monday through Sunday. There will be nQ deliveries of cannabis goods to customers outside ofthis time frame. Further, any deliveries to residential properties within 600 feet of a public or private K- 12 school shall not occur during school hours ( 8: 00 am and 3: 00 pm Monday- Friday). As confirmed with City staff, the Applicant may hold non- gublic Facility hours for activities such as opening and closing the Facility, employee training, and accepting distributor shipments of goods during non- public hours except that no shipments of cannabis oods shall be accepted before 6: 00 a. m. or after 10: 00 p. m., pursuant to BCC Regulations § 5422( c).
Any time the Facility is not open for operations the Applicant shall ensure the following:
A. The Facility shall be securely locked with commercial- grade, nonresidential doorlocks. s. The Facility's alarm system shall be active at all times. c. All cannabis goods shall be stored in a locked safe, vault, secure product storage room, or secure display.
D. Only authorized employees and contractors escorted by an authorized employee shall be allowed to enter the Facility.
Storefront Dispensary
Central California Greens shall prevent unauthorized entrance into the Facility and, in particular, the dispensary Sales Floor and theft or misuse of cannabis goods through the following Facility requirements:
Customer Waiting Area
The Applicant shall post a sign at the Customer waiting area, which states that smoking, vaping, ingesting, or otherwise consuming cannabis in the Facility or in the areas adjacent to the Facility is strictly prohibited. No person will be admitted to the retail area without first verifying through examination of a government- issued identification card that he or she is at least the minimum age under state law to enter the premises as Adult Use or Medical patient, as applicable. The waiting area will be physically separated from the retail area by a wall as illustrated on the Floor Plan.
Absolutely N( cannabis goods will be accessible to Customers in the waiting area.
Submittal # 3— Business Plan Page
19 1011
Central Caliior raia Greens
Access to the Dispensary Retail Sales Area
Central California Greens shall ensure that the entrances into the dispensary Sales Floor Area are always secured with entry strictly controlled by on- site security.
At least one ( 1) employee will always be physically present in the retail area when any non- employee is in the retail area. Within the retail area, the number of nonemployees will not exceed twice the number of employees at any time.
Daily Sales Limits
A. In accordance with State Law, the Company shall not sell more than
28. 5 grams of non- concentrated cannabis flower in a single day to a single adult- use customer. Furthermore, the Applicant shall not sell more than 8 grams of concentrated cannabis, as defined by B& P Code section 26001, including concentrated cannabis contained in cannabis goods to same.
B. Notwithstanding the above, if a qualified patient or primary caregiver has a physician' s recommendation pursuant to the State Cannabis Law that
28. 5 grams of non-concentrated cannabis or 8 grams of concentrated cannabis do not meet the qualified patient' s current medicinal needs, the qualified patient or primary caregiver may purchase an amount of cannabis consistent with the qualified patient' s needs as recommended by a physician.
A.3. 4. 2 Nuisance Mitigation Consumer Protection
1. Central California Greens shall implement and enforce the following operational requirements to prevent the Facility from becoming a public nuisance and to protect the well-being of its customers and staff:
A. Prominently display a
copy of its City-issued cannabis
dispensary CUP, Commercial Cannabis Permits, and State- Issued BCC Type 10 Retailer permit in a conspicuous location visible and accessible to members of the public.
B. Have uniformed BSIS security officers present to serve as a visible deterrent to any criminal activity or nuisances, including ensuring no loitering occurs on or adjacent to the Facility premises. c. At no time shall any of the following items be allowed at the Facility: ( i) any controlled substance, other than cannabis; ( ii) any paraphernalia used for the ingestion of any type of controlled substance, including cannabis ( except for cannabis accessories for incidental retail sale to Customers); ( iii) alcoholic beverages; or ( iv) Submittal # 3— Business Plan Page
20 1012
Cent• a1 (: aiifox r ia Gt=eer s
firearms, except in strict compliance with federal, State, and County laws and regulations.
Shall not sell alcoholic beverages or tobacco.
E. Shall prohibit smoking, vaporization, ingestion, or consumption of alcohol, tobacco, or cannabis in any form at the Dispensary or the surrounding area.
F. Shall not have an on- site physician for the purpose of evaluating patients for issuance of a medicinal cannabis recommendation or identification card nor shall Central California Greens give or offer to give any form of remuneration to a physician if the physician or his or her immediate family have a" financial interest" ( as that term is defined in Section 650.01 of the B& P Code) in the dispensary.
G. Shall not distribute any form of advertising for physician recommendations for medicinal cannabis unless the advertisement bears the notice to consumers contained in Section 2525. 5 of the B& P Code.
r-t. Shall not allow any individual under the age of eighteen ( 18) in the Dispensary.
t. Shall not hire or employ any person under twenty- one ( 21) years of age at the Dispensary.
J. Shall ensure litter removal services as needed in front of the Facility and, if necessary, on public sidewalks within one hundred 100) feet of the Facility.
K. Shall ensure that all areas recorded by the digital video surveillance system shall at all times have adequate lighting to allow the surveillance cameras to effectively record the identity of individuals and suspicious activities.
L. Shall prohibit loitering on the premises and adjacent public areas and post signage as well as use roving security to enforce the prohibition.
A. 3. 5 Customer Check- in Procedures
Central California Greens shall operate the Storefront Dispensary, in particular the Sales Floor Area, pursuant to the following requirements and procedures.
Submittal# 3— Business Plan Page
21 1013
Centr l Galifo• rii Greer s
Central California Greens shall only allow individuals into the secure Sales Floor Area for the purpose of purchasing cannabis goods after a Company staff inember has identified the individual as being over the age of twenty- one ( 21), a qualified patient over the age of eighteen ( 18), or a primary caregiver. The check in area will be located in the exterior of the building inside a fenced area as noted on the plans. Customer will stand in line, and queue behind a screened fence, holding a maximum of 25 people, or as otherwise determined by the building department. Upon verification of ID, via electronic card swipe, security will control access to the sales floor and allow a vetted customer access. All patients and customers must have the following:
A. A valid ( i) physician recommendation to use cannabis goods for medicinal purposes pursuant to the State Cannabis Law or (ii) medicinal marijuana identification card issued by a County Health Department.
B. A valid proof of identification and age; acceptable forms of identification include the following:
t. A document issued by a federal, state, county, or municipal government, or a political subdivision or agency thereof, including, but not limited to, a valid motor vehicle operator's license, that contains the name, date of birth, height, gender, and photo of the person.
2. A valid identification card issued to a member of the Armed Forces that includes a date of birth and a photo of the person.
3. A valid passport or passport card issued by the United States or by a foreign government.
c. In the case of a primary caregiver, valid written documentation containing the signature and the printed name of the qualified patient designating the individual as a primary caregiver for the particular qualified patient.
Per City Ordinance 5. 42. 310, the same identification verification must also be shown again at the point of sale station at the time of purchase.
A. 3. 6 Receiving of Cannabis Deliveries
All cannabis product deliveries shall be received via the secure access notated on the Floor Plan at the rear of the building ( non- customer entrance). a
Prior to transporting finished cannabis goods to Facility, the licensed distributor shall complete an electronic shipping manifest, which shall contain the following information:
l. Central California Greens name and license number.
Submittal# 3— Business Plan Page
22 1014
Cent° a1 C Nifc° raia Gi eens
2. The distributor' s name and license number.
3. The names of authorized transport vehicle drivers and driver' s license number.
4. A list of all of the finished goods, including a description of the quantity transported and
any discounts applied.
5. All unique identifiers associated with the cannabis goods.
6. The time and location of departure.
7. The time and location of expected arrival.
8. The make, model, and license plate number of the transport vehicle.
9. Any other information required elsewhere by the State or City Cannabis Laws.
to. Such records shall be maintained for a minimum of seven ( 7) years and shall be made available by Company to the agents or employees of City upon request, with the exception of HIPPA protected records.
B. During transportation, a licensed distributor shall maintain a physical copy of the shipping manifest and make it available upon request to any law enforcement officers.
C. Prior to receiving the cannabis goods from and during transportation by a licensed distributor, Company will maintain each electronic shipping manifest and will make it available upon request to any law enforcement officers.
Upon receipt of a shipment of cannabis goods from a licensed distributor, Company shall create a record verifying receipt of the shipment and the details of the shipment.
Upon accepting a shipment of cannabis, Company shall immediately place the products in a secured and locked room/ display case, safe, or vault in a manner as to prevent diversion, theft, and loss.
F. To ensure the health and safety of our Customers, all inventory intake staff shall be trained to only intake cannabis goods with compliant packaging and labeling.
G. Pursuant to the State and City Cannabis Laws, the Applicant shall only offer finished cannabis goods that were cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with State and local regulations. As a result, the Applicant shall only purchase finished cannabis goods from a licensed distributor, transporting finished cannabis goods in compliance with State and local regulations.
A.3. 7 Point-of-sale System and inventary Control ( FLOWHUB) Submittal# 3— Business Pian Page
23 1015
Cer tral Cali ornia Gree as
Central California Greens shall utilize a point of sale and inventory tracking information technology system ( the " track and trace system") that will provide technical infrastructure for the entire dispensary operations. We will utilize FLOWHUB: Cannabis Inventory Control and Track& Trace Technology System, with 8 POS registers in the secure sales area. Please see the Inventory Control Procedures in Section 5 of this Business Plan for more information regarding track& trace - FLOWHUB.
Central California Greens' s process and procedures for the handling and accounting of cash are encompassed within the use of FLOWHUB software system' s fully integrated supply chain management " seed- to- sale" software system with enterprise resource planning, complete inventory tracking, point-of-sale, marketing, financial reporting, and regulatory compliance features.
A. 3. 7. 1 Track and Trace System Integration
Central California Greens' s process and procedures for the handling and accounting of cash are encompassed within the FLOWHUB software system' s management " seed- tosale software system with enterprise resource planning, complete inventory tracking, point-of-sale, marketing, financial reporting and regulatory compliance features." A. 3. 7. 2 Cash Management and Handling Policies
Cash is not to be accepted or disbursed by employees unless that employee has been authorized by the Facility' s general manager, (" Manager") to handle cash for a specified purpose. When an employee receives cash, it is to be deposited promptly into the appropriate authorized cash register. Any employee that handles cash is responsible for that cash. Retention of cash received from outside sources for use as petty cash or for making change is prohibited. Use of cash funds or cash receipts for cashing checks is prohibited. Our cash handling policy is more specifically detailed in our security plan Section 5).
A. 3. 8 Number of Customers per Day
Following is our projected customer volume over the course of a 13- hour day, with opening at 8am and closing at 9pm. The bulk of customer activity tends to fall at the end of the dayfrom 6pm to 9pm. There is also a predictable" bump" upon opening- from a specific market segment - and again around the lunch hour ( on weekdays). Using an average of 270 transactions per day, we expect a typical weekday traffic pattern to approximate the below:
8am - 9am 20 Customers
9am - 10am 10 Customers
10am - 11am 10 Customers
11am - 12pm 15 Customers
Submittal # 3- Business Plan Page
24 1016
Central Califorriia Greens
12pm - 1pm 25 Customers
1pm - 2pm 20 Customers
2pm - 3pm 15 Customers
3pm - 4pm 15 Customers
5pm - 6pm 15 Customers
6pm - 7pm 35 Customers
7pm - 8pm 35 Customers
8pm - 9pm 30 Customers
It should be noted that patterns and trends of customer volume are easily affected by either location or time of year. For example, the proximity of a large employer or a larger retail operation often results in a more pronounced increase over the lunch hour.
A. 3. 9 Sales Floor Area Operations
A.3. 8. 1 Storefront Dispensary Operational Facility Layout Floor Plan
EfFEflCE PGA' E — '
ia I
E} SIDEWA I( . ::. . . . t
I . i :..::
ar --- _' , . T
ErR
II
z`.: i L
a F i
1L sr, Esr. xa cH cK- v
mo s
sF i
i ,
i
SALES: qUNTER
I
I:
R: , I u
L i
I I ; i i
RE ENINGSTOR4GE
I
OF C f — ' —
cc SF
CE NE3 Y
r--'_
I
T
1 E ; E' fR_K .
FAR: Ati c.•: A
115'- Q..
O. 6A
A.3. 9. 2 Retail Staging and Display
A. Central California Greens shall designate storage and staging areas with controlled access behind the points of sale, which shall be locked up when not in active use and under surveillance, and will be restocked as needed. As product is moved from the storage area to the sales area, the inventory transfer shall be reflected in the track and trace system. Only the amount of inventory reguired for the day' s operations will be brought into the retail area each day.
Submittal# 3— Business Plan
25 Page
1017
Central Califoi•nia Greens
At business opening, the average daily sales inventory of the most common products as evidenced by the preceding month' s receipts) will be staged in locking cabinets behind/ beneath retail counters. As the day progresses, retail room inventory will wane, reducing the risk: reward ratio of a potential bad actor. Also as the afternoon and evening progresses, the pass- thru system will be increasingly used to fulfill retail customer orders. After busineses hours, remaining floor stock will be loaded into rolling, welded wire, locking metal carts and rolled into the secure product room for overnight storage.
s. During retail staging and replenishment, Company staff shall verify that the cannabis goods have not exceeded their expiration or sell- by date if one is provided. C. Central California Greens shall not sell, permit to be sold, offer for sale, or display for sale any cannabis good by means of self-service display, vending machine, rack, pass-through, or counter-top within reach of Customers. All cannabis goods will be offered for sale only by means of employee assistance.
D. Display cannabis goods may be removed from their packaging and placed in containerstoallowforcustomerinspection. Employeesshalldestroydisplaycannabis goods by rendering useless in accordance with the BCC regulations once no longer used for display. Cannabis goods used for display and removed from packaging shall be sold or in any way transferred to Customers.
E. An employee authorized by Company to handle cannabis goods shall be physically present on the Sales Floor Area at all times when Customers are present. A Manager shall be on duty during all hours of operation.
A. 3. 10 Proposed Product Line & Percentage of Sales
Central California Greens will initially offer a product line based on both our personal direct experience in operating a medical cannabis delivery enterprise, and on our ongoing research of the California market.
Specific product types will range from flower, pre- rolls, edibles, tinctures, concentrates, of topicals our sales andandextracts. manufactured We anticipate that the percentage of sales of flower will make up 36% products will make up 64% of our sales.
We will only stock products that meet ali relevant laws and directives. Products that are sold fn simitar operations In CA inciude:
p
Srtrokable Flower Topicals Edibles Pre ro! t TincWre Apothecary Extracts Over the course of our past experience in the cannabis market, we have established relationships with licensed supply chain operators with strong reputations for providing safe products and we intend to re- initiate contracts with them, as well as newly emerged Submittal# 3— Business Plan
26 Page
1018
entr l Galifo• nia Gz-eens
distributors, once we have been licensed.
A. 3. 11 Delivery
A. 3. 11. 1 Delivery Vehicie Safety Requirements
Company' s delivery vehicle (" Vehicle") shall be an environmentally friendly hybrid vehicle owned by the Applicant and insured at or above the legal requirement for the State and capable of securing ( locking) cannabis goods during delivery. The Vehicle shall be outfitted with a dedicated Global Positioning System (" GPS") device and interior cameras as described below. The Vehicle will not display advertising or symbols visible from the exterior of the Vehicle that suggest the driver or Vehicle is used for the delivery of cannabis. This will also provide safety and discretion to Customers by being inconspicuous when performing deliveries.
Central California Greens shall provide to City and maintain an accurate database of the Vehicle, which includes the following information: Vehicle' s make, model, color, VIN, and license plate number. Additionally, Company shall maintain proof of ownership or lease of the Vehicle and proof of insurance as required by Section
5. 42. 220. B2 of City Cannabis Laws. Company will update the City within thirty ( 30) days of any changes to the above information related to any Vehicle.
All cannabis goods shall be stored in the trunk of the Vehicle or within a fully enclosed cage that will be built in and bolted into the rear storage cab during delivery operations for security and to keep cannabis goods from being visible to the public.
No portion of the enclosed cage shall be eomprised of any part of the body of the Vehicle. Delivery employees shall store all cash while in active delivery mode in a safe mounted and bolted to the Vehicle with access through a four to six( 4- 6) digit keypad.
The safe will be enclosed within the cage where cannabis goods are stored. All cash collected while out on deliveries will be put directly into the safe.
The Vehicle shall also be capable of being temperature controlled if perishable cannabis goods are being transported.
The Vehicle will be equipped with a vehicle alarm system that will be active anytime the Vehicle is unoccupied or if an employee is assembling an order in the back of the vehicle to maximize safety and security of personnel, cash, and inventory. The Vehicle will have Slicklocks, if compatible, installed on doors where cannabis goods are stored for added security. The Vehicle shall be equipped with SecuriLock Passive Anti- Theft System ( PATS) and/ or a Lo- Jack- like system to prevent the vehicle from being stolen.
A. 3. 11. 2 Delivery Drivers Safety and Security Requirements A. Delivery drivers shall not consume, or be under the influence of, cannabis, controlled substances, drugs, or alcoholicbeverages while operating a Vehicle.
Delivery drivers shall be at least twenty- one ( 21) years of age and have and maintain clean driving records without any material citations.
Submittal# 3— Business Plan Page
27 1019
Central Califorx ia Greertas
B. The delivery Vehicle drivers shall ensure that cannabis goods are not visible to the public from the exterior of the Vehicle. The delivery drivers will be outfitted with nondescript shirts that have no visible symbols that suggest the driver is delivering cannabis goods so as to not draw attention to the product or cash being exchanged.
C. In addition to internal training, delivery drivers will be required to obtain a guard class card and complete transportation security training through a licensed security training center guard card class prior to engaging in deliveries on behalf of Central California Greens. This will allow the drivers to protect themselves while out on deliveries and to be better aware of their surroundings. Delivery drivers will carry cannabis goods in non- descriptive odor- proof backpacks that will be sealed until they have verified the Customer' s identification. Once the Customer has been verified the driver will open the bag and deliver the package that meets all State required exit packaging standards.
D. Delivery drivers will not deviate from the delivery path, except for necessary rest, fuel, orvehicle repair stops, or because road conditions make continued use of the route unsafe, impossible, or impracticable. In the case of dynamic delivery, drivers may deviate from their path when an order is received as long as it is within a thirty ( 30) minute interval. Delivery drivers will only deliver cannabis goods to a verified physical residential address in the City not owned by a public entity and will under no circumstances leave the State ofto complete a delivery or delivery attempt. Deliveries shall only occur between the hours of 8: 00 am and 9: 00 pm PST unless the residential property is located within six hundred ( 600) feet of a public or private K- 12 school, in which case deliveries will not take place until after 3: 00 pm if it is a weekday.
E. All delivery employees, during deliveries, will carry a copy of the retailer' s current local and State license/ permit, the employee' s government- issued identification, a copy of each delivery invoice, chain of custody records, and their Central California Greens- issued identification badge. The identification badge will include the following information: ( a) Company' s name; ( b) Company' s logo; ( c) Company' s license number; ( d) full name of the employee; e) their individualized ID number; and ( e) a color photograph that clearly depicts the employee' s face and is at least 1 inch in width and 1. 5 inches in height. The badge will not be displayed when the driver is outside of the vehicle.
F. Each driver will leave the Facility with a limited amount of cash in assorted small bills solely to allow for making change. Customers will be requested to provide exact change for payment. When the delivery driver is outside of the vehicle making the delivery, they will only have the money for making change and the single delivery order with them at any time.
G. Central California Greens understands that sometimes no matter how many safety and security measures are taken that theft and robbery can still occur, In the event a delivery driver is held up with a deadly weapon we advise them to not try to forcefully engage with the perpetrator and simply allow them to take whatever they are after. As soon as the perpetrator leaves, we advise our Submittal# 3— Business Plan Page
28 1020
Central C lifornisi Gr e ras
drivers to immediately ca11911 and report the incident to the local authorities.
A.3. 913 Cannabis Payload Limitations
During deliveries, drivers shall not carry a total of more than five thousand dollars 5, 000. 00) in finished cannabis goods as determined usingthe retail price of all finished cannabis goods carried by the driver and delivery vehicle. The delivery vehicle' s payload of finished cannabis goods for which a delivery order was not received and processed prior to the delivery employee departing from the Facility ma no exceed three thousand dollars ($ 3, 000. 00).
A. 3. 11. 4 Patient and Customer Safety
Central California Greens shall take the necessary steps to not only ensure that the drivers are safe, but also the Customers we will be serving. We will take the following measures to protect our Customers:
Once the Customer has been verified and their order confirmed, they will be sent a confirmation via text, phone, or email with the following information:
A. The estimated time of arrival;
B. The full name of the delivery driver dropping offthe cannabis products; C. A direct contact number for the delivery driver dropping off the cannabis products.
Upon the delivery driver' s arrival at the physical address, they shall text or call the Customer letting them know they have arrived.
A. 3. 11. 5 Customer and Patient Validation Procedures
Central California Greens will use the same validation procedures as described in section A. 3. 1 Customer Intake and Validation ( above) prior to confirming a delivery.
This verification process for delivery is done through the track and trace system, FLOWHUB, in which the Customer uploads a photo of their ID directly to the system via the app or website. The Customer can also send a photo via text. This will allow the Company to verify the Customer' s identity and age. If the Customer is not able to send a photo, the delivery driver must verify identification upon arrival to the delivery location. In the case of delivering to a medical patient, they must present their doctor' s recommendation upon their first delivery. The Company shall maintain a copy of the physician' s recommendation or patient' s medical card, as described in Health and Safety Code Section 11362. 71 through 11362. 77, for a period of seven ( 7) years. Only when the Customer is verified will the driver open the bag and deliver the package that meets all state- required exit packaging standards. In the case of a primary caregiver, valid written confirmation will also need to be uploaded to the FLOWHUB system as well as be presented upon the delivery driver' s arrival.
The verification details shall be stored in the FLOWHUB track and trace system for future use andfor access by the delivery drivers on Company issued tablets connected to the FLOWHUB secured system.
A.3. 11. 6 Tracking and Maintaining Communication with Delivery Drivers The delivery vehicle shall be outfitted with a dedicated GPS device for identifying the Submittal# 3— Business Plan Page
29 1021
Cer tral Califo ni a Grt• eet s
real- time geographic location of the delivery vehicle. The GPS will be permanently affixed to the delivery vehicle and will remain active and inside the delivery vehicle at all times. The Facility Management or Security will monitor the GPS system to ensure the delivery driver is not diverting from their route and only stopping at verified addresses.
The delivery vehicle will be outfitted with cameras to record the interior of the vehicle. One camera will be affixed in the driver' s cabin and the other in the back of the vehicle. The delivery vehicle cameras will be monitored by security staff at the dispensary.
The Applicant shall utilize the industry' s leading seed to sale point of sales technology platform, FLOWHUB, that integrates with METRC and the vehicle' s GPS system to track, record, and store the following information:
A. The time that the driver and vehicle departed the Facility; B. The time that the driver and vehicle completed a delivery to the Customer;
C. The time that the driver and vehicle returned to the Facility; D. The route the driver and vehicle traveled between departing and returning to the Facility;
E. For each individual delivery transaction:
The identity of the driver, delivery vehicle, identity of the Customer, and their total purchase history to ensure daily limits are preserved;
The type and quantity of cannabis goods purchased and sold; The dollar amount charged and received by the driver for the cannabis goods purchased.
Central California Greens will also keep track of the driver by using the FLOWHUB software to see the exact time deliveries have been fulfilled and dropped off to Customers.
Additionally, the delivery driver shall maintain a log including all stops made from the time the vehicle leaves the Facility to the time of return back to the Facility and the reason for each stop. This log shall be turned into the Delivery Manager upon return and kept in accordance with Company record- keeping policies.
A. 3. 11. 7 Verifying Deliveries and Providing Accurate Manifest for Audit Purposes
Central California Greens employees shall compile and pre- assemble orders at the Eacility for the purposeof placing delivery vehicles and drivers on delivery routes that maximize the number of transactions that the driver can complete on a particular route or set of routes. Under this model, delivery vehicles shall not leave the Facility unless there is a scheduled order to be fulfilled.
Before leaving the Facility, the delivery driver shall have a delivery inventory ledger of all finished cannabis goods provided to the delivery driver. The delivery inventory Submittal# 3— Business Plan Page
30 1022
t:er tr•a1 Ca1i' a• nia Greeras
ledger shall include the following pieces of information for each cannabis product:
type of cannabis good;
the brand of the cannabis good;
the retail value of the cannabis goods;
the track and trace identifier- UID; and
the weight, volume or other accurate measure of the cannabis goods.
All orders received and processed by the Applicant prior to the delivery driver' s departure from the Facility will be clearly identified on the inventory ledger. After each delivery, the ledger will be updated through FLOWHUB to reflect the current inventory in possession of the delivery driver.
Upon returning to the Facility, all undelivered cannabis goods shall be returned to inventory by the Inventory Manager and any track- and- trace records that were not able to be electronically recorded shall be updated by the end of the day.
The Applicant shall always maintain a physical copy of the delivery request in the vehicle, and the driver shall make it available to agents or employees of the City upon request. The driver shall provide written or electronic documentation of the delivery transaction to the Customer upon completion of the sale and purchase of finished cannabis goods. The delivery request/ invoice will include the following information:
l. Central California Greens' s name, license number and Facility address;
2. the first name and employee number of the delivery driver who delivered the order and the employee who prepared the order;
3. the first name and uniquely identified number of the Customer who requested the delivery;
4. the date and time the delivery request was made;
5. the delivery address;
6. a list of all finished cannabis goods requested for delivery including:
a. weight
b. volume, or
c. any other accurate measure.
the total amount paid for the delivery, including
a. any taxes or fees,
b. the cost of the finished cannabis goods, and
c. any other delivery charges;
g. upon delivery, the handwritten or electronic signature of the customer who received the delivery; and
9. upon delivery, the date and time the delivery was made; Each delivery will also contain required educational hand- out materials via a link to Central California Greens website. These materials will provide information regarding the name and type of product purchased, instructions for use, and expected effects. Additionally, information regarding edible cannabis products and cannabis concentrate products will include safe storage and use and warnings against child Submittal # 3— Business Plan Page
31 1023
ent• 1 Cali o ni<3 G° eer s
access and exposure, of potential side effects concerning brain development of individuals under the age oftwenty- five ( 25) years, and of potential harm to pregnant women. Further, Company shall notify all Customers in writing, likely in the form of a receipt of the following:
1. " The sale or diversion of cannabis or cannabis products without a permit issued by the City of Lathrop is a violation of State law and Lathrop Municipal Code."
2. " Secondary sale, barter, or distribution of cannabis or cannabis products purchased from a permittee is a crime and can lead to arrest."
3. " Warning: the use of cannabis or cannabis products may impair a person' s ability to drive a motor vehicle or operate heavy machinery."
4. " CALIFORNIA PROP. 65 WARNING: Smoke of cannabis and cannabis- derived products will expose you and those in your immediate vicinity to cannabis smoke. Cannabis smoke is known by the State of California to cause cancer." Submittal # 3— Business Plan Page
32 1024
Centr•al , ali o• r ia Greeras
A.4 Conformance with Local and State Laws
Central California Greens commits to operate, in all ways necessary and possible, in full conformance with current local and state laws, and to maintain compliance over time as and if either source modifies its requirements.
A.4. 1 Compliance and Legal Team
Compliance in the cannabis arena is both transactional and via statute. Central California Greens has engaged Jennifer McGrath as our Legal Counsel and CannaLicensed Consultants will serve as our compliance and operations expert. CannaLicensed Director, Corey Travis has had hands- on managerial experience for multiple commercial cannabis retail shops, in Sacramento, Stockton, Palm Springs, and several other jurisdictions. He oversaw the transition from locally regulated to state- regulated compliance operations in the wake of Proposition 64.
A. 4. 2 Industry Best Practices for Retaiier
Central California Greens will fully comply with Applicable Law, specifically, but not limited to Lathrop Municipal Code LMC 5. 26. 090 and 5. 26. 100 as well as State Cannabis Laws, any restrictions imposed by the City of Lathrop, Planning Commission, Council, or other governmental agency with purview over the operation, and ensure those conditions are strictly followed by all managers, employees, and agents:
A. We will diligently pursue, obtain and maintain all required City licenses, including Cannabis Business Permit, Conditional Use Permit, along with all requisite State licenses, State seller' s permit, local building permits, and other applicable permits and approvals. Central California Greens shall not alter the size of our premises without an approved amendment to our Cannabis Business Permit.
B. Central California Greens Owners and managers shall only hire employees that are at least twenty- one ( 21) years old.
C. Central California Greens shall sell from its Retail Dispensary, Adult and Medical- Use Cannabis or Cannabis Products ( hereinafter referred to collectively as cannabis products') only to customers that are verified with a government- issued ID to be at least twenty-one ( 21) years old or to qualified patients at least eighteen ( 18) years old with a verified governmental- issued ID and required doctor' s recommendation and/ or County- issued Medical Marijuana Identification Card MMID") in compliance with Health and Safety Code 11362.71. Central California Greens shall not allow physicians on- site to evaluate patients or provide medicinal cannabis recommendations. We shall post signage at the door barring entry to any persons under the age of eighteen ( 18) years old unless they are a qualified patient and accompanied by a parent or legal guardian. No person under the age of twentyone ( 21) shall be allowed on the premises unless they are a qualified patient.
D. Central California Greens will at all times, during regular business hours of 8: 00 am to 9: 00 pm, Sunday through Saturday ( or as further restricted by the City's Planning Commission), conspicuously display our (i) Cannabis Business Permits and ii) Cannabis Public Safety License so they may be seen by all entering the premises.
Submittal # 3— Business Plan Page
33 1025
Cerikra! CaliFarriia Gi•eens
E. Central California Greens will not hold or maintain a license from the State Alcoholic Beverage Control or operate a business on Retailer premises that sells alcoholic beverages, or that otherwise allows the possession, distribution, or consumption of alcoholic beverages, nor shall Applicant be a retailer of tobacco products.
F. Further, Central California Greens shall conduct Deliveries, as more particularly described in the Delivery Section herein.
G. Central California Greens shall operate at all times in compliance with the City' s and State' s Cannabis Laws and regulations, including, but not limited to specifically not selling: ( i) more than 28. 5 grams or one ( 1) ounce of nonconcentrated cannabis in a single day to a single customer; ( ii) more than eight ( 8) grams or eight thousand ( 8, 000) milligrams of cannabis concentrate, including cannabis concentrate contained in cannabis products, in a single day to a single customer; ( iii) more than six ( 6) immature cannabis plants in a single day to a single customer; ( iv) edible cannabis products containing more than ten ( 10) milligrams of THC per serving; ( v) edible cannabis products containing more than one- hundred 100) milligrams of THC per package or (vi) cannabis products that are in the shape of a human being, either realistic or caricature, animal, insect or fruit. All cannabis shall be only sold as pre- packaged consumer products, in a uniform amount per package, shall be placed in a child resistant exit packaging and Central California Greens shall make available for sale or provide information on how to obtain lock bags for more securely protecting cannabis from unintended third parties. Further, Central California Greens shall only have readily available for sale in our sales area only that quantity of cannabis products reasonably expected to meet daily demand.
Additional cannabis products shall be stored in our secured and locked inventory storage area which customers, vendors, and visitors shall not be able to access.
H. Central California Greens also shall refrain from providing free cannabis products to any Person, specifically including any' buy one, get one free' promotions and refrain from the illegal redistribution or sale of cannabis products obtained, or the use or distribution of cannabis products which in any manner which violates City or State Cannabis Laws.
I. Central California Greens will at all times ensure proper odor control procedures are in place to ensure odors are not detected outside of the retail location by use of a carbon filtration HVAC system, double- doors and other methods as required to ensure odor compliance.
J. Central California Greens will at all times fully comply with our Security Plan as provided in Section D of this Application and implemented by our SecurityAdvisor, Matt Carroll of Carroll Security. As part of our Security Plan, Central California Greens shall have uniformed and BSIS- licensed security personnel ( 21 and older) present at all times to ensure patrons strictly adhere to onsite anti- consumption rules and do not loiter on or about the premises and comply with all such restrictions or are reported to the appropriate authorities and potentially banned from future visits for failure to heed warnings. Additionally, all restrooms shall always remain locked and under the control of our management team.
K. Central California Greens will ensure that all advertising and signage fully complies with State Cannabis Laws, including specifically Section 26151 of the B& P Submittal# 3— Business Plan Page
34 1026
Cer t al G lifoc-rzia G• eer s
Code and City's Code, including specifically Chapter 6.40. Further, we shall only sell drug paraphernalia in compliance with Health and Safety Code Section 11364. 5.
L. All records related to the Cannabis Business including but not limited to records of finance, personnel, training, contracts, permits, security, waste, and inventory shall be kept for a period of seven ( 7) years. Financial records shall be kept electronically and specifically contain a ledger of all cash, receipts, credit card transactions, reimbursements, and any and all reasonable compensation for services provided by Central California Greens as well as operational expenditures and costs incurred by Central California Greens. All records will be made available to City police or finance department representatives during regular business hours.
M. All our POS areas and areas where cannabis goods are displayed for sale shall be recorded on our video surveillance system and the video recording shall allow for facial recognition of any person purchasing or selling cannabis goods, or any person in the retail area, with sufficient clarity to identify.
N. Limited Access Areas. Central California Greens shall establish limited- access areas and permit only authorized individuals to enter the limited access areas. Only employees, as well as vendors, contractors or other individuals conducting business on the premises that require access to such areas and are accompanied by a Central California Greens employee shall be granted access. Any non- employees that enter such limited access areas will be escorted and their visit logged and stored to be provided to City Police upon request.
0. Educational Materials. Central California Greens shall provide written materials to all customers regarding each product sold, instructions for use and its effects along with how to store such products, and warnings against child access.
Additionally, materials will explain potential side effects concerning brain development and warnings of potential harm to pregnant women.
P. Central California Greens will train all employees and management team members who interact with customers within our first year of operation and within the first year of each employee' s hiring to ensure competency. As referenced in subsection L above, we will exceed the two- year requirement for maintaining such records and instead store them for up to seven ( 7) years so they may be provided to the City Manager upon request.
A.4,3 Genera! Cannabis Business Operating and Conduct Requirements In addition to the specific requirements that Central California Greens will follow as a Retailer, there are general operating and conduct requirements that we shall adhere to as a licensed commercial cannabis business to ensure the safety of customers, neighbors, and staff. First and foremost, there will be a strict policy against onsite consumption of cannabis products along with a complete prohibition against the sale, dispensing, or consumption of alcoholic beverages or tobacco products on the Facility' s premises. Central California Greens shall take all reasonable steps to prevent the use and consumption of cannabis on the premises.
To limit unwanted exposure to those under twenty- one ( 21) years of age and for other safety reasons as determined by the City, at no time shall cannabis be visible from the exterior of Submittal# 3— Business Plan Page
35 1027
Centra! Catifo° ni Gr•e r s
our premises or from any vehicles owned or used by Central California Greens as part of its business or delivery operation. Furthermore, Central California Greens will never store cannabis products or engage in retail activities outside of our Facility at any time. All cannabis products and retail activities shall be at all times take place ONLY within the Facility with secured access areas that will be locked and under physical security personnel protection, along with various other security safeguards as detailed in Central California Greens' s Security Plan.
Central California Greens has entered into a contract with FLOWHUB, one of the State' s leading point- of-sale inventory tracking system and customer flow management system to track and report on all aspects of our business, including inventory, cannabis tracking via UIDs, gross sales ( by weight/ volume and by sale), customer flow data, including waiting times, purchase history and limitations and such other information as deemed necessary by the City. FLOWHUB is compatible with the State' s METRC system and will be capable of compatibility with any system utilized by the City as well for record- keeping purposes, all the while providing historical transactional data for review, as necessary.
As part of Central California Greens' s standard operating procedures (" SOPs"), Central California Greens will ensure that all cannabis products sold shall be cultivated, manufactured, and transported by only licensed Commercial Cannabis businesses in good standing and that maintain in full conformance with City and State Cannabis Laws, California Department of Food and Agriculture (" CDFA"), and/ or California Department of Public Health (" CDPH"), as applicable. Further, Central California Greens shall have an Operator on premises during all hours of operations and shall provide to the City Operator the name and telephone number( including cell phone number) of an on- site Operator to whom emergency notice may be provided twenty- four ( 24) hours per day.
A notice will be conspicuously posted within the premises letting all patrons know that any consumption, including smoking or ingesting of cannabis products on the Facility' s premises is strictly prohibited. Along with such warning notice, Central California Greens shall display our Cannabis Use Permit, Cannabis Public Safety License and other City Business Licenses within the premises in a conspicuous place readily visible by the public. Further, Central California Greens shall ensure it maintains a Seller' s Permit at all times during operations.
Finally, we will not host, partake and/ or support Cannabis Temporary Events within the City, as described in the B& P Code Section 26200, until expressly authorized.
A.4.4 General Business Regulations
Central California Greens will not only comply with cannabis- specific laws and regulations but will ensure we fully comply with all rules, regulations, and laws imposed upon all legal businesses within the City. This shall include restrictions imposed at a federal, state, or local level ( outside of cannabis- specific laws and regulations). For instance, in addition to all cannabis licenses, Central California Greens shall ensure through operation we maintain all required and applicable planning, zoning, building, and other applicable licenses, permits, and approvals from relevant City departments and divisions. Further, Central California Greens shall ensure full compliance with the Americans Disability Act (" ADA") as well all other applicable local, state, and federal laws pertaining to people with disabilities and shall Submittal # 3— Business Plan Page
36 1028
Central C, alito° ni G eetas
refrain from discriminating or excluding patrons or employ discriminatory hiring practices in violation of all applicable laws. Central California Greens shall pay in a timely manner for all licenses, fees and charges associated with the operation of a Commercial Cannabis Business as resolved by the City Council, as amended from time to time in addition to timely paying all taxes, including but not limited to all sales, use, business taxes and all other fees as required under federal, state and local law. Further, Central California Greens shall fully comply with any City requests for audits ofour records to ensure compliance with Applicable Laws.
A4.5 Marketing Plan
Central California Greens will ensure marketing is done in age- appropriate channels, abiding by State and Local rules. Central California Greens shall NOT advertise in a medium geared towards youth, or utilize graphics or depictions which may be similar to cartoons, candy, or the like. Industry specific channels, such as age- verified subscription based services and directories like: Weedmaps, Leafly, etc. are platforms designed to attract specific demographics. Signage will be discrete and in accordance with Lathrop Municipal Code.
Emergency Contact
Donald jiminez, shall serve as the Emergency Contact. As a local, and owner of the business, he can be reached 24 hours/ day.
A. 5. Inventory Control Procedures
A. S.' I Cannabis Inventory Control and Track and Trace Technology System:
FLOWHUB
Central California Greens intends to utilize FLOWHUB, a state- of-the- art METRC- compliant point of sale and inventory tracking information technology system ( a " track and trace system") that will provide technical infrastructure for the retail sale of cannabis goods at the Storefront Dispensary with delivery. At its most basic technical level, the track and trace system tracks and records unique identifiers (" UIDs") assigned to cannabis goods.
The track and trace system shall be capable of producing historical transaction data for review and is compatible with the State' s track and trace provider, METRC. FLOWHUB will be used to track and report on all aspects of our retail commercial cannabis business including, but not limited to, customer tracking, cannabis tracking, inventory data, gross sales ( by weight and by sale), and other information which may be deemed necessary by the City. As indicated on our floor plan, we will utilize eight ( 8) Point- of-Sale locations.
Prior to entering into a contract with FLOWHUB, Central California Greens will confirm the system is compatible with the City' s record- keeping systems and will obtain written approval and authorization by the City Manager or designee.
Submittal# 3— Business Plan Page
37 1029
etr• 1 lifox-nir f:•e ns
A. 5. 1. 1 Ho nr FL( JWHUB Interacfis with METRC
A. Sales are reported in real time to the State track and trace systerri, METRC.
B. Central California Greens is insulated against ME' I' RC outages with a proprietary automation layer.
C. Built- in tools safeguard Central California Greens from selling above statespecific purchase limits.
D. Taxes are collected dynamically based on product type, customer classification, and delivery destinations.
A. 5. 1. 2 Track and Trace ystem METRC Requirements
A. Central Caiifornia Gt-eens shall create and maintain an active account with METRC prior to buying or selling any cannabis goods.
B. Central California Greens' s Owner and Director of Operations, Charles Burton shall serve as the initial Inventory Control Manager shall serve as the Applicant' s designated METRC track and trace administrator. All Managers will undergo METRC training.
1. The designated track and trace administrator ( Inventory Manager) may authorize additional representatives (" Inventory Control Agents") to obtain track and trace system user account access and credentials.
2. Each Central California Greens employee who is authorized to access the track and trace system on behalf of the Applicant, shall obtain his or her own unique track and trace system user log- on and password only after llaving successfully completed the track and trace training.
3. Only authorized representatives of Centr•al California Greens shall log into and submit information to the track and trace system using a login that has been assigned to that licensee representative.
4. Central California Greens rnanagement shall maintain a complete and accurate list of all track and trace system users, consisting of their full names and usernames. This will allow for proper tracking of inventory and further protection against diversion of products.
5. All managers and owners will be required to take part in METRC training in a
timely manner. The Bureau of Cannabis Control (" BCC")
Primary Contact shall sign up and complete this training within five ( 5) calendar days of license issuance by the BCC.
C. Central California Greens shall ensure that only authorized individuals are able to access the track and trace system.
D. Central California Greens shall accurately record all transactions involving the purchase, sale, physical movement, or destruction of cannabis goods into the track and trace systems.
E. Central California Greens shall enter all transactions into the track and trace system no later than the end of the day that the transaction occurred, but BEST practice will be encouraged to enter into the system in real-time.
F. If, for any reason, METRC is inaccessible, the Applicant can rely on FLOWHUB in order to create and maintain records detailing all transactions that would have been entered into the track and trace system. Upon the restoration of access to METRC, all transactions that occurred while access to the track and Submittal # 3— Business Plan Page
38 1030
Ceriti•a! C lifo° r ia G• ee as
trace system was not available shall be accurately entered into the track and trace system within three ( 3) business days. During any period of inaccessibility Central California Greens will not receive any finished cannabis goods until access is restored and everything is updated into the system.
G. Central California Greens shall only enter accurate information into the track and trace system and shall correct any known errors in the information entered into the track and trace system by the Applicant immediately upon discovery with verification to METRC.
H. Central California Greens staff will reconcile its physical inventory of finished cannabis goods with the track and trace data at a minimum of every thirty( 30) calendar days as required by the BCC. If there is a significant discrepancy ( a significant discrepancy is deemed anything over three percent ( 3%) of the average monthly sales (" AMS"), in accordance with the BCC Regulations Regulations"). AMS will be calculated by taking a per month average of the total sales for the previous six ( 6) months. Until there are six ( 6) months of operational sales only the months in which there were sales will be used in determining the AMS.) between the physical inventory and the track and trace system, this will trigger the Inventory Control Manager to perform a full audit of its inventory and contact the BCC with the findings.
A. 5. 1. 3
Intake of Cannabis Goods Inventory
Central California Greens will enter into distribution agreements with DCC- Licensed Distributors for the procurement of cannabis goods. Executed copies of such agreements will be kept on file at the Facility. As we are equipped to receive deliveries out of public sight (within our locked Facility through a rear loading door), deliveries can occur during all business hours but will be scheduled when possible, first thing in the morning when customer flow is the slowest. Central California Greens ensures that inventory receiving will not be visible to the public, regardless of time of delivery. All distribution/ delivery personnel will be escorted by security, to the secure loading area. The unloading of finished cannabis products will be monitored by an Inventory Control Agent and at least one ( 1) security guard. No shipments of goods may be accepted before 6: 00 a. m. and after 10: 00 p. m. pursuant to BCC Regulations § 5422( b). Upon receipt of cannabis goods from a licensed Distributor, Central California Greens shall enter the following information into FLOWHUB with an Application Programming Interface compatibility function to allow for METRC data entry, which is required to be provided by the authorized Distributor on their invoice and shipping manifest ( such that any discrepancies will be immediately reported to the Distributor):
A. The Cultivator or Manufacturer as applicable, and Distributor' s name and state license number, and direct point of contact. This information shall be verified by a Central California Greens Inventory Control Agent using the BCC, California Department of Fish and Agriculture (" CDFA"), or California Department of Public Health (" CDPH") licensing web portal.
B. Name and type of cannabis goods.
C. Amount received, by weight or count, and total wholesale cost, as applicable.
D. Best- by, sell- by, or expiration date of the batch.
Submittal # 3— Business Plan Page
39 1031
Ce it°al Calitornia G- een;
E. The person who holds title to the cannabis goods.
F. The date and time of receipt of the cannabis goods.
G. The UIDs associated with the cannabis goods.
H. Any other information required elsewhere by the State or City Cannabis Law.
Inventory Control Agents are responsible for inspecting all incoming cannabis goods and verifying that the packaging and labeling of all goods intended for retail sale complies with Central California Greens' s internal Cannabis Product Packaging and Labeling policy, which can be made available upon request. The Inventory Control Agent will confirm that the COA from a licensed testing laboratory matches the primary panel percentages of THC and CBD. After the information is recorded in FLOWHUB an electronic copy of the shipping manifest and invoice are sent to accounts payable, A hard copy of the invoice ( with the shipping manifest attached) and the COA will be stored onsite in a " Receiving Binder" or scanned and stored via cloud- based storage in accordance with Central California Greens' s record- keeping policy outlined in our Record- Keeping Policy as attached hereto as an Exhibit. The information will also be logged into METRC via the FLOWHUB platform.
A. 5. 1. 4 Retail Sale of Cannabis Goods
Upon the retail sale of cannabis goods to a Customer, Central California Greens shall enter the following information into the track and trace system:
A. Whether the Customer is a patient, caregiver, or adult- use customer ( the FLOWHUB system stores this data along with photo identification and expiration of recommendation, if a medical patient).
B. The name or internal identification number ( for repeat visitors) of the Customer who made the purchase.
C. The date and time of the transaction.
D. The identification of the budtender/ sales associate who conducted the transaction.
E. A list of all of the cannabis goods, including a description of the quantity purchased.
F. The UIDs associated with the cannabis goods.
G. The total dollar amount sold from each package before tax and after any discount, if applicable.
H. Any other information required elsewhere by the State or County Cannabis Laws.
A. 5. 1. 5 Return of Cannabis Goods by Gustomers
Central California Greens shall implement a customer-friendly return policy for finished cannabis products purchased by Customers so that we and our licensed distributors will be made aware, as soon as possible, of( i) any consumer complaints associated with the finished cannabis goods or ( ii) the possibility that the finished cannabis goods may be defective, misbranded or adulterated.
After accepting the returned finished cannabis goods from a Customer, we will immediately contact the distributor and the testing laboratory that provided the COA of the finished cannabis goods, if applicable, and work to determine the next appropriate step, which may entail ( i) destruction and disposal of the cannabis Submittal # 3— Business Plan Page
40 1032
Cent• al Galifarrai 3 Gi•eeras
product at the Facility; ( ii) transferring the returned products back to the licensed manufacturer/ distributor; and/ or (iii) institution of recall procedures.
Upon the return of cannabis goods by a Customer, Central California Greens shall enter the following information into the track and trace system:
A. The name of the Central California Greens employee who processed the return.
B. The name of the Customer who made the return.
C. The date and time of the transaction.
D. A list ( and if possible a
picture) of all of the cannabis goods, including a
description of why the product was returned and the quantity.
E. The UIDs associated with the cannabis goods.
F. Any other information required elsewhere by the State or County Cannabis Laws.
The returned cannabis goods shall be placed in the Facility' s quarantine area for a minimum of twenty- four ( 24) hours. The cannabis goods shall be set for destruction.
A. 5. 1. 5. 1 Return of Cannabis Goods to Distributors
Upon the return of cannabis goods to a licensed distributor, a Central California Greens inventory employee shall enter the following information into FLOWHUB:
A. The distributor's name and license number.
B. Type and kind of cannabis goods.
C. Amount received, by weight or count.
D. Best- by, sell- by, or expiration date of each item or product returned.
E. The date of return of the cannabis goods.
F. Explanation of defect, recall or reason for return of cannabis goods.
G. UIDs associated with the cannabis goods.
H. Any other information required elsewhere by the State or County Cannabis Law.
A. 5. 7. 5.2 Destruction of Cannabis
Upon the destruction of cannabis goods Central California Greens Inventory Control Agent shall enter the following information into FLOWHUB:
A. The name of the Central California Greens employees ( two staff members at all times) who performed the destruction.
B. The date and time of the destruction.
C. Name and type of the cannabis goods.
D. The UIDs associated with the cannabis goods.
E. Amount of the cannabis goods, by weight or count, and total wholesale cost of the cannabis goods, as applicable.
F. The reason for the destruction and disposal.
G. The entity disposing of the cannabis waste. Whether self-hauling or using a third-party company, we shall obtain contact and receipts of drop- offs.
H. A description for any adjustments made in the track and trace system, including, but not limited to spoilage or fouling of the cannabis or any Submittal# 3— Business Plan
Page
41 1033
Certtr• al Califo- r i reet s
event resulting in damage, exposure, or compromise of the cannabis goods.
I. Any other information required elsewhere by the State or City Cannabis Laws.
A. 5. 1. 6 Recall Procedures
Given that Central California Greens will not produce ( i.e., cultivate or manufacture) or distribute finished cannabis goods but, rather merely offer for retail sale finished cannabis goods produced by other licensed vendors to qualified Customers, our primary responsibilities in the event of a recall will be to ( i) collect information from Customers and pass that information to other parties in the supply chain, ( ii) inform Customers who purchased the recalled product, and ( iii) to offer the Facility as a drop- off point and waypoint for the transfer and/ or disposal of the recalled finished cannabis products. While the BCC does not provide express guidance on recall procedures, we will notify customers within 24hours of notice of such a recall by utilizing the POS records to contact potentially affected customers, as well as posting notices physically, and electronically.
Central California Greens' s track and trace system, FLOWHUB, will have the ability to pull the contact information from each customer that purchased the recalled product so they may be immediately contacted. Employees and management will email and/ or call each Customer to notify them of the recall and provide details as to how they can return the product to the dispensary. Once the recalled product is received at the Facility, we will follow the distributor' s instructions to properly return or destroy the product preventing diversion. In the case that a manufacturer chooses to have Central California Greens destroy a cannabis product on- premises, we will do so in accordance with CDPH regulations section§ 40297 by quarantining the product for a minimum of seventy- two ( 72) hours prior to rendering it unusable and unrecognizable as described in our Waste Procedures Plan.
A. 5. 2 Inventory Storage
A. 5. 2. 1 Storage Areas
In the Facility, adequate and suitable space shall be provided for the storage of supplies, equipment, and finished cannabis goods. The Secure Storage Area as displayed on our provided site plan will be an alarmed, limited access area for management access only and contain the storage of all cannabis inventory when not in use on the Sales Floor. A janitor' s room, off of the employee break room, separated from any cannabis goods storage or staging area, or ware- washing or storage area, shall be provided for the storage of cleaning equipment and supplies.
A. 5, 2. 1. 9 Cannabis Goods Storage
Central California Greens shall store all finished cannabis goods ( i) in the completely enclosed and alarmed Secured Product Storage area designed to permit control of temperature and humidiry and prevent the entry of environmental contaminants such as smoke and dust, (ii) within alarmed and Submittal# 3— Business Plan Page
42 1034
Central C lifc i• iia - eet s
locked limited access area the Facility and shall be refrigerated, when applicable, and ( iii) are only accessible by authorized personnel with management key fob access. At no time shall cannabis be stored outside.
A. 5. 2. 9, 2 Refrigeration
Should refrigeration be required for any products, all reach- in and walk-in refrigeration and freezer units in the Facility shall be located within the Secured Product Storage area or and shall:
A. Be adequate in capacity and usage to meet the needs of the proposed operation and shall;
B. Have shelving that is nonabsorbent, corrosion- resistant, easily cleanable and shall meet or be equivalent to applicable ANSI standards wood is not acceptable);
C. Be provided with an accurate, readily visible thermometer; and D. Drain condensate and other liquid waste in a sanitary manner to a floor sink or other approved receptor that is properly connected to the drainage system. Condensate from reach- in refrigerators and freezers may be drained to a properly installed and functioning evaporator.
SECTION 3: Community Benefit
Our Team understands the importance ofplaying an integral role within the communities we serve.
If we are honored with the privilege to serve and operate in the City of Lathrop, we plan on being model stewards and neighbors. Our team will be looking to hire 23 employees, many of whom will be hired from right here within the Lathrop community. These team members will be spending their dollars patronizing many of the local surrounding businesses 7 days a week 365 days out of the year, consistently stimulating the Lathrop economy.
For the last 10 years, between the Ciry of Sacramento and Stockton, we have worked with many organizations that serve our youth and seniors throughout the community.
Although recognizing that the tax that the city of Lathrop will be receiving from the opening of our cannabis retail storefront/Delivery. Our Team has worked to ensure that specific needs are addressed, for our Youth, seniors, and veteran populations in the city of Lathrop.
Lathrop Youth
Youth play a vital role with the long- term sustainability within a community. They are truly our future. We look to support local youth sports programs, by helping purchase necessary equipment for the specific local petitioning program, support local fundraising efforts by using our clientele base, and setting aside funds annually to help sponsor children that may be economically disadvantaged. No child in the richest country in the worid should be left out of participating in extracurricular activities due to financial hardships.
In addition we would like to work with the city of Lathrop, Manteca Unified, Banta, and the San Submittal # 3— Business Plan Page
43 1035
Ce itral Caliioi•nia Greens
Joaquin office of Education to do an annual " Say No To Drugs" event at the Lathrop Generation center. We would look to create a fun healthy environment with many activities, with food and music. We would work to bring out mentors and motivational speakers to help inspire our future leadership.
We would further support our local Lathrop Economy by making sure that we use local vendors in producing this event.
Lathrop Seniors & Ve#erans
The City of Lathrop has done a fantastic job with providing much needed Brown Bag for its senior populations. Our team would look to assist with potentially expanding the Brown Bag giveaways to include our American heroes, our service women and men. Understanding that there is a cost associated with expansions of any program, We would look to offer incentives to
our customers to encourage them supporting food drives at our store. We would offer discounts to our clients for bringing in non- perishable food items, as well as potentially instituting a system similar to what Walgreens is doing by allowing customers to donate their extra change, or round up to the nearest hundred and make donations seasonally.
Furthermore, we would also look to use a portion of the funds raised to go into a pot that could be earmarked for a water bill subsidy for our Seniors and Veterans. Depending on how much is raised, the city could allow for those funds to be used for economically disadvantaged Seniors & Veterans to help offset some cost that may be incurred. Based on some of the past comments from Councilmembers Torres-O' Callaghan, Diallo, and Vice-Mayor Lazard. We feel that making it a priority in supporting our Seniors and Veterans would positively impact our Lathrop community. We will also be offering in store discounts for Seniors, Veterans, Cancer patients and survivors.
Neighborhood Relations
The proposed dispensary is within ] 000' of public transportation, via the bis stop at E Louise and S Harlan Road. This ensures ec ual access to community members who rely on public transportation.
The Company has identified all entities / businesses within 300' of the property, and will provide a forum for public outreach and feedback on a bi- yearly basis.
Mr. Donald Jiminez, of Lathrop, will administer the program, and ensure the outreach list is updated and systems of communication properly maintained.
Submittal# 3— Business Plan Page
44 1036
Central California Greens
n
aw:
c w. ,,, ,, zaa , C
a
p,,', ^.'"
t 44K k r .
q ~` :,
i
w y `r.
r
y
i' ...
k
S t
ii w s..';
z ' i+
i . p?^''.. ,,,.
x
x
rnw"-*
M r
d s , ; a
f, ,
x
P
wwYs<. . x
Gu ,. ':# .
NEIGHBdRHOOD CONTEXT PLAN
a_i,.._.
SECTION 4: Neighborhood Compatibility & Enhancement
Exterior Design Concept
a r,
n 4 mww"
y
q t .
y,,,:
i
y
z
P
r ['
7. " ,.
Y
ti
n„._„,,...
a, i ar
w
r
a
9 r
s
r "
F.;
w,r` s%'
r,,, s
a"„
W'" 3
s;,'`. . 4 9,
Subject property is in a newly refaced building that meets the aesthetic of the surrounding area.
Security measures will be integrated into the existing facility' s design, so as not to interfere in the neighborhood design. Crime Prevention Through Environmental Design ( CPTED) elements integrated into tenant improvements for the proposed dispensary include, but are not limited to:
Exterior lighting shall be white light using LED lamps with full cutoff fixtures to limit glare and light trespass. Color temperature shall be between 2700K and 4100K with a color rendering index of 80 or better and a light loss factor of 0. 95 or better.
Submittal # 3— Business Plan Page
45 1037
C: e Ci•al Galifot•r ia Gr•e ras
Daily inspections of the property for trash, graffiti, or other unwanted blight.
Entry drives, drive aisles, parking and bicycle parking shall be illuminated to a maintained minimum of 1. 5 foot candles per square foot of parking area at a 6: 1 average to minimum ratio.
All mature landscaping shall follow the two-foot, six-foot rule. All landscaping shall be ground cover, two feet or less and lower tree canopies of mature trees shall be above six feet. This increases natural surveillance and eliminates hiding areas within the landscape.
Fences shall be a minimum of six feet in height, constructed of decorative tubular steel, no climb type. This shall apply to newly constructed fencing.
Any graffiti painted or marked upon the premises or any adjacent area under the control of the applicant shall be removed or painted over with matching paint within 72 hours of being applied.
The operator shall be responsible for the daily removal of litter from the site.
Air Quality 1 Odor Control
1. FACILITY ODOR EMISSIONS INFORMATION
Odor Emittin Activities
Odors are most commonly associated with unsealed flower. Therefore plant material must be kept in tightly sealed bags in rooms with proper filtration systems.
When done according to plan, this should mitigate any potential adverse impacts to air quality.
This plan addresses the impacts of processing and handling cannabis products.
All odor emitting activities are to be performed in sealed rooms equipped with odor control devices operated in " sealed ecosystems".
Phases ( timing,_len th etc.) of odor- emitting activities Odors have the potential to be most intense during intake processing.
2. ODOR MITIGATION PRACTICES (all based on industry- specific best control technologies and best management practices)
Administrative Controls
i. Procedural activities
Submittal # 3— Business Plan Page
46 1038
Central C lifornia Greens
Cannabis related products are processed, and handled within sealed rooms in the facility. As a secure facility, doors and windows remain closed at all times. Staff is instructed to close doors to sealed rooms after entering or exiting, so the odor control devices can effectively scrub the air.
Cured cannabis arrives fully sealed in final form packaging and is stored in airtight containers with adequate filtration. Displays are kept in scent controlled devices, which also minimize airflow and transmission of odor.
Staff training procedures
All new Staff inembers will be required to attend a company odor control training and orientation. This is a site specific plan that addresses the facilities odor control devices, proper usage, maintenance, and how to report if a device goes offline. Inspection of the odor control devices are part of staff' s daily duties.
i. Recordkeeping systems and forms
The company will keep logs of any maintenance, repair, or malfunction of the odor control devices. These logs will be reconciled with reports from the Comm inity Relations Manager. If the company has received calls regarding odor, the facility manager shall cause immediate inspection and testing of the odor control system to verify is status.
Engineering Controls
iv. The best control technology for cannabis facilities is carbon filtration.
The facility has been equipped with a number of activated carbon filtration devices as noted on the Odor Control diagram. These devices have been fitted to the rooms based on the activity and the potential intensity of odors in each respective room.
v. The system is designed to utilize 12" FS Industrial High Output In- line fans ( 2320 CFM) connected to activated carbon filters. Filters are to be changed every 6 months, or as needed. The following table depicts the volume of each room, and the number of fans needed to obtain the proper number of air changes/ hour.
vi. The facility averages 39 air changes/ hour. The number of air changes per hour is dependent on the area' s use and the corresponding odor emissions potentiaL The intensity scale denoted below:
Submittal # 3— Business Plan Page
47 1039
Central California Greens
Cubic Feet
Room volume CFM Fans Chan e Per Hour
Vendor Room 1060 cubic feet 1160 0. 5 66
Cannabis
Storage 2180 cubic feet 1160 5 32
Sales Floor 14390 cubic feet 4640 2 19
The system can be expanded to increase the negative pressure of each sealed room as well as the number of CFM' s if needed.
This odor control plan should effectively mitigate any potential adverse impacts to air c uality. Its effectiveness will be closely monitored throughout the company' s operation.
Submittal # 3— Business Plan Page
48 1040
Centr•al Galifornia Greens
FLQQR AND SITE PLANS
Site Plan
is , r„ H
j a.
y.
w- 3-j _
i_
i
J
i
2 j'f\\ C . I ' 14'- E' 25- G" . A'„ 5" J' l V.
y
rus
s kve a/<
anmac a_ a i
a
wc // :
9z-' : + _ _..? ....:__ ._..
tv.
I
x PA'
R 35
I T
B/
C/ n. \ D/ A
y\
SAI1 S Ai!
v ? \ / \
I s / o i
i `. P'
o,°.. '
DEN,NYS jf ` \c/°/ i ,. /i/ J _
I
W
y I i ' EXISTING 0°
1 J - 3- STORY a f
I ! COMMERCIAL OFWORK i s•—, : - , , '
o- --;
BUILDING r.,
j -- i - a' o E.
c M1P. PR' l 5 E R ,
l \ i
f L `" i _ y
I 1? ,_ s- _" 9, s_= __--
r—
L —
3 w K
I S
E4 E. tENi( P. L. E)
9 ,.— \ HXifP C E.,_&£ LP 9l C. aNrW LH
EtY IS' N CE ,
OV7F Q' A4Vl1.
OFVEWnv \
tti._. e.
CURf3 RANPSo v„ H A R L A N R 0
waawHc s cr.
Submittal# 3- Business Plan Page
49 1041
Central Califo• nia Gi eens
Floor Plan
I( SF P GAT I
i
1 :
r-. ..__,_ _ r
E) SID6WALK . . i I _ 1.__. 1 i _..; I_
T._ _-__ _ _.__ _.r __
1 .. _. `
i.._ -:. i__ 7
r- a . I
T_ '
J Exir I
p
i
l_ '
ENTRY• I
I
1 ; SALE5FL` JOR I CHECK- M _-
1 6a0Sr' I 396SF
f!
I
INO SALESCOUMER i_ - _''-
T- I -.
WORK I ( .. j
I
d -
i (
i
SAFE ROCM " I
I 22U SF
f..
I i !
I (;
l
y
RECEIVINGSTOFl4GE - I i
OFFICE 3i0 S
10o5F '\
DELNERY I
i - i _'° DWR .....__ — _ .
j— ll '.' l iTr— ' .-, i- I '__ _
j '
1"-_.-----
J
L L_
m
I,E) SIDEWALK
HARLAN ROAD
6'" 6
Submittal # 3— Business Pian Page
50 1042
Section 5: Security Plan pages 50- 55
RECEIVED BUT OMITTED FROM PUBLIC COPY
City Attorney
1043
Cent° al alito° r ia Gr•ee s
SECTION 6: Hazardous Materials Mana ement Plan
N/ A.
The Company will not have hazardous materials in sufficient quantities on site, to warrant a Hazardous Materials Management Plan.
Submittal# 3— Business Plan Page 56
1044
Centq° al ( alifo nia Gr•ee s
Exhibit 1
SAMPLE SOP
STANDARD OPERATING PROCEDURE)
Cash Handling Policy and Procedures
I. INTERNAL CONTROLS
A. Access to cash shall be limited and all funds shall be kept secure at all times.
B. Cash receipts/ handling operations are subject to management review. In all instances, one person will check the work performed by another.
C. All cash receipts must be completely and accurately recorded in the financial records of the Facility.
D. Appropriate separation of duties shall be employed in all cash operations/ handling functions.
E. All cash receipts shall be deposited daily.
Il. SAFEGUARDS
A. Employees shall count all cash drawers and safe transfers in the Internal Transfer Area in the Facility( as viewable on our Security Site Plan) that is not accessible or visible by Customers. Employees shall have direct access from this Internal Transfer Area to a drop safe within the Secure Product Storage room and shall be moved after hours to the Vault by management.
B. Cashiers shall not count or reconcile cash drawers while standing at the cash register during business hours, but rather shall change out cash drawers in the Internal Transfer Area in accordance with the above.
C. All change funds and cash register drawers shall be kept in a locked safe within the Vault room when not in use.
D. Deposits bags shall be stored in a separate, locked section of the safe.
E. Only the Manager and owners shall have access to the safe combination and the safe room.
III. CASH DRAWER INTEGRITY
The Manager shall assign a register to each employee prior to the beginning of each shift.
Each employee shall be solely responsible for all transactions completed during their shift on their assigned register.
Each employee shall open and close their own cash drawer, regardless of the length of his or her shift.
Sharing registers shall be strictly prohibited
A. CASH DRAWER OPENING BALANCE
1. Each cash drawer shall open with a beginning balance of$ 250. 00 to allow for purchases by Customers or make change for purchases from the Facility.
2. Cash drawers shall be reconciled prior to the start of the shift within the Internal Transfer Area of the Facility to ensure the accuracy of the opening balance ( see Subsection G." CASH DRAWER RECONCILIATION" of this policy for further instruction).
Submittal # 3— Business Plan Page
57 1045
Gent• al C; fifoa r i G• ee s
3. Employees may not accept a drawer that they have not had the opportunity to count.
4. Any discrepancies ( overage/ shortage) in the cash drawer shall be documented and remedied prior to the start of the shift.
B. PERFORMING CASH TRANSACTIONS
1. Ring transaction into register.
2. Subtotal sale and tell Customer total amount owed.
3. Take cash from Customer and lay cash on top of the cash drawer. Do not put the Customer' s money in the cash drawer until you' ve counted their change back to them. This avoids any misunderstandings pertaining to how much money was originally given and how much change is needed.
4. Do not accept foreign coins, currency, or foreign travel checks.
5. Enter the amount of cash received, then press the cash tender key on the register.
6. Count out the change to the Customer, if any, by starting with the amount of the sale and counting up to the amount they paid with. Put the change into the Customer' s hand whenever possible.
7. Put payment in drawer in appropriate slots; face up in one direction.
8. Close cash drawer.
9. Place merchandise in bag and hand the Customer their receipt.
C. CASH DRAWER MAINTENANCE
1. Lay bills and charge slips in tray with all bills and charge slips face up and in the same direction in the cash drawer.
2. Coins shall remain wrapped until needed.
3. Exchanging money between registers is strictly prohibited. Employees shall notify the Manager to request change, if necessary.
4. If additional change is provided, the Employee shall count the change before placing it in the cash drawer.
D. CASH PULLS
1. Cash register drawers shall contain only the amount of cash needed for change purposes. Excess cash shall be removed from the drawer and deposited in the safe periodically throughout each shift. Such transfers shall take place only in the Internal Transfer Area out of public' s sight for additional security and protection. We shall utilize this out- of-sight area to resist the ability of bad actors from " casing" the Facility and becoming familiar with our procedures.
2. The Manager shall inspect each cash drawer in the middle of each shift to ensure cash drawers are within established limits. Again, such confirmation shall be completed in the Internal Transfer Area.
3. Employees shall discretely notify the Manager in the event of large cash receipts. The Manager shall remove excess large bills in multiples of$ 100 and secure them in the safe, clearly labeled with which drawer and shift they came from.
Submittal # 3— Business Plan Page
58 1046
Centi•al C lifarriia Gr- ee s
4. Both the Manager and the employee responsible for the cash drawer should count the amount taken from the drawer together to confirm accuracy.
E. CHANGE FUND
1. A " Change Fund" may be established to provide change for payments received for goods or services rendered by the Facility.
2. The Change Fund may not be used to procure goods or services, make cash advances, or for petty cash needs.
3. Change funds must be reconciled on a weekly basis by the Manager.
4. It is the responsibility of the Manager to limit the use of the Change Fund to legitimate and allowable Facility-related financial transactions.
5. Change Funds may not be commingled with other types of Facility funds or personal funds. Change Funds must be approved by the Manager and the amount is the sole discretion of the Manager.
F. CASH DRAWER SECURITY
1. All unattended cash register drawers shall be locked.
2. Keys shall not be left in the register or in plain sight of the Customer.
3. Employees shall log off before leaving a register unattended.
4. In the evening, employees shall ensure all cash is removed from registers and registers are to remain open showing any potential bad actors that all cash has been removed without the need for further damage to the Facility.
G. CASH DRAWER RECONCILIATION
1. Cash drawers shall be reconciled upon opening, shift changes, and closing.
This process requires two ( 2) employees to work side by side to count all cash in the cash drawer. IVeither employee shall leave the Internal Transfer Area or the cash drawer in the possession of the other employee, until the cash is secured in the drop safe, Vault room, or returned to the cash register.
2. Cash drawers shall be reconciled one ( 1) drawer at a time.
3. One ( 1) employee shall start with the bills of the highest denomination and count the number of bills.
4. Once counted, the employee shall annotate that count on a piece of paper.
5. The second employee shall count the same stack of bills and annotate his/ her count on a separate piece of paper.
6. Each employee shall continue through the drawer counting each denomination in the same manner.
7. Once all cash is counted the employees shall compare their counts for accuracy.
8. If reconciling the cash drawer at the beginning of the shift:
a. Promptly place and secure the cash drawer in the register. b. Repeat the steps above for each cash drawer prior to opening each additional register.
9. If reconciling the cash drawer at the end of the shift or at closing:
a. Complete the Cash Drawer Reconciliation Form
Submittal # 3— Business Plan Page
59 1047
Centra! Califor raia e r s
b. Print and attach a copy of the Industry Standard Software System Closing Report to the Cash Drawer Reconciliation Form.
10. Prepare the Deposit ( see below Section 6. 1. 11 " Deposits"); Place the remaining bills ( the beginning balance) into a bank bag and secure the cash drawer and the bank bag containing the next day' s opening balance in the safe.
11. If any drawer has a discrepancy in the count, a recount must take place immediately. If there is still a discrepancy after a recount, the Manager shall investigate and determine the reason for the discrepancy before leaving the store for the day.
IV. DEPOSITS
A. A deposit shall be prepared and secured in the safe immediately after reconciling each cash drawer at closing or at the end of a shift. All cash in excess of the opening balance shall be deposited.
B. Once confirmed, all cash in excess of the opening balance from that drawer will be placed in an envelope and sealed.
C. Once the envelope is sealed the date and time shall be placed on the envelope.
D. The envelope shall be placed in a bank bag and secured in the safe separate from any other funds.
V. CASH HANDLING DURING DELIVERY
A. All delivery orders and payments shall be processed through Applicant' s FLOWHUB system for proper tracking.
B. Cashless delivery transactions will be utilized whenever possible. This will protect both driver and Customer and shall improve now- desired ' contactless' transactions.
C. When cash is accepted, it shall be stored in the safe, which will be mounted and bolted to the interior of the delivery vehicle.
D. Drivers shall begin their route with limited cash for purposes of solely providing change.
E. In accordance with BCC Regulations, the delivery employee shall not carry cannabis goods valued in excess of$ 5, 000 at any time, with no more than $ 3, 000 of cannabis goods that are not already part of a Customer order that was processed prior to leaving the Facility.
Submittal # 3— Business Plan Page
60 1048
C nt° al Cali' orriia Gr•eer s
Exhibit 4
Record Keeping Policy
Central California Greens, Inc. (the " Company")
Policv#: 1. 0
Effective Date: Upon Commencement Revision Date: June 2021
RECORD KEEPING POLICY
Pur ose: This policy is the method by which the Company shall create and maintain records for their storefront retail dispensary. In compliance with Section 26013 of the California Business and Professions Code, the Company shall utilize the FLOWHUB seedto- sale software system to ensure a proper track and trace system for their operation.
Responsible Partv: The Company and its authorized personnel
POLICY STATEMENT & PROCEDURES
I. Policy Statement
The Company is dedicated to proper, accurate, and confidential record keeping practices consistent with the Medicinal Adult Use Cannabis Regulation and Safety Act(" MAUCRSA") and Health Insurance Portability and Accountability Act, (" HIPAA"), if applicable, taking into account the State regulations ( the " Regulations") issued by the California Bureau of Cannabis Control ( the " Bureau" or " BCC"). In accordance with the above and applicable local cannabis laws, including City of Lathrop ( the " City") Municipal Code ( collectively, Applicable Law"), this policy provides a plan that will provide and ensure safe dispensing, adequate record- keeping and security, theft prevention, and the maintenance of confidential information.
II. Procedure
The Company shall utilize the FLOWHUB software system to track and maintain records, which will be readily available to law enforcement and any other official charged with enforcing the provisions of Applicable Law (" Law Enforcement"). Accordingly, Law Enforcement mav enter the Company' s Facility at any time during the hours of operation without notice and inspect the location, records, as well as the recordings and records maintained for seven( 7) years in accordance with MAUCRSA. As a result, all the Company staff shall be notified of this policy and to strictly adhere to its compliance.
Company records will be protected from loss, damage, or unauthorized use through the FLOWHUB software system. The Company' s point of sale software shall be compliant with the State Unique Identifier and Track and Trace Program ( Chapter 6. 5 of Division 10 of the California Business and Professions Code). The Company will also maintain all other Submittal # 3— Business Plan Page
61 1049
Ceritral C fifoa•ri a G• eetas
records in compliance with Bureau Regulations.
A. All records described in this section shall be maintained by the Company for a period of seven ( 7) vears.
B. The Company will utilize the FLOWHUB software system to record purchases including recordation by internal clock, denials of sale, delivery options, and other pertinent records.
C. The Company shall utilize the FLOWHUB software to maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the Company, and all of its assets and liabilities and on no less than an annual basis at or before the time of the renewal of its cannabis License, or at any time upon reasonable request of the City, submit to the City, in a form approved thereby, a statement, sworn as to accuracy, detailing Company' s revenue and number of sales during the previous twelve- month period, or shorter period based upon the timing of the request, provided on a per- month basis. The statement shall also include gross revenues for each month, and all applicable taxes paid or due to be paid.
D. Further, on an annual basis, the Company shall submit to the City a financial audit of the Company' s operations conducted by an independent certified public accountant.
E. The Company shall also maintain a current register of the names and the contact information ( including the name, address, and telephone number) of anyone owning or holding an interest in the Company and separately of all the Owners, Officers, Managers, employees, agents and volunteers currently employed or otherwise engaged by Company and shall provide to City Manager promptly upon request.
F. The Company shall also maintain personnel records, including employee training records, certifications, and training acknowledgments including METRC, OSHA, and internal compliance training, as well as security personnel licenses issued by the Bureau of Security and Investigative Services.
G. As applicable, the Company shall maintain all shipping manifests generated through the track and trace system.
H. Upon a first visit to the Facility, customer, patient, and/ or caregiver collectively, " Customer") information is entered into Company' s electronic identification verification system by a Company employee and will include all required information for the FLOWHUB software system entry including:
1. A scan of Customer' s valid government ID;
2. For patients, a current valid physician' s recommendation;
3. The Customer' s name;
4. The Customer' s date of birth;
5. The Customer' s emergency contact;
6. This record is dated and signed for all subsequent Customer transactions.
Submittal # 3— Business Plan Page
62 1050
GenC ral Calil or i Greens
I. The records shall clearly show the source, amount, price, date, and Distributor of all cannabis products received or purchased, and the amount, price, dates, and Customer for all cannabis sold.
J. In accordance with Section 26001 of the California Business and Professions Code and Section 5409 of the Regulations, the Company will utilize FLOWHUB to ensure Customers do not exceed the mandatory limits as follows:
Adult- Use Customers:
The Company shall sell no more than twenty-eight and one- half
28. 5) grams of non- concentrated cannabis in a single day to a single Adult-Use Customer.
The Company shall sell no more than eight ( 8) grams or eight thousand ( 8,000) milligrams of concentrated cannabis as defined in Section 26001 of the California Business and Professions, including concentrated cannabis contained in cannabis products, in a single day to a single Adult- Use Customer.
The Company shall sell no more than six ( 6) immature cannabis plants ( known, commonly as ' clones') in a single day to a single AdultUse Customer.
Medical cannabis patients or primary caregivers:
The Company shall sell no more than eight ( 8) ounces of inedical cannabis in the form of dried mature flowers or the plant conversion in a single day to a single patient or the patient' s primary caregiver.
The Company shall sell no more than twelve ( 12) clones in a single day to a single patient or the patient' s primary caregiver.
If a qualified patient or primary caregiver has a physician' s recommendation that this quantity does not meet the qualified patient' s medical needs, the Company may sell the amount of medicinal cannabis consistent with the patient' s documented needs.
K. An inventory record documenting the dates and amounts of cannabis sold at the Facility and the daily amounts of cannabis stored at the Facility shall be maintained on- site.
Submittal# 3— Business Plan Page
63 1051
Cent• al C€ lifor zia G e r s
L. The Company shall keep a complete set of books of account, invoices, copies of orders and sales, bills of lading, weigh bills, bank statements including canceled checks and deposit slips, and all other records necessary to show fully the business revenues, expenses, assets, and liabilities of such licensee.
M. In accordance with Applicable Law, the original copies of its Commercial Cannabis Permits issued by the City shall be posted in a location readily visible to the public at all times.
N. All records must be identified as confidential, and any disclosure shall be limited in a manner that maintains the confidentiality of the information contained therein.
O. All records kept and maintained by the Company shall at all times protect the confidential information ofthe Customer.
P. Entries are to include the Facility employee' s information for tracking purposes and may only be made by the staff inember who is recording the transaction.
Q. No changes should be made which make any entries illegible. The Company shall notify the Law Enforcement within twentv- four( 4) hours ifthere is an concern that an entry was altered or otherwi e chan ed.
R. FLOWHUB Reconciliation Procedures:
1. The Company shall reconcile the physical inventory of cannabis goods with the records in the track and trace FLOWHUB database at least once every thirty (30) days.
2. The Company shall conduct an audit and notify the City and the Bureau and any other agency required under Applicable Law of any reportable activity pursuant to Section 5036 of the Regulations ifthe Company discovers a discrepancy between its physical inventory and the FLOWHUB database.
S. Receipts shall be maintained via a computer program or by pre-numbered receipts and used for each sale.
T. Safeguards to prevent unauthorized use of the FLOWHUB software system includes separate log- in information for users, and all terminals are recorded by security cameras.
U. In conjunction with the Company' s educational support for Customers, records will be generated for each interaction where Customer education and support materials are provided to the qualifying Customer.
Recordation of a description of the materials and the date the materials were provided shall be made. This will be in addition to a Company website provided with each Customer receipt to allow Customer' s educational access to any cannabis products purchased from the Company.
V. If an otherwise qualifying Customer requests cannabis and does not obtain it from the Facility ( due to daily limits, sobriety, or other reasons), the following shall be recorded in the record:
Submittal# 3— Business Plan Page 64
1052
Central ali oi aia G- ens
1. The date;
2. The name of the individual who requested the cannabis; and
3. The Facility' s reason for refusing to provide the cannabis (* if applicable).
Submittal# 3— Business Plan Page
65 1053
Centr l G lifo nia G eens
HIPAA COMPLIANCE
The Company' s recordkeeping policy shall be subject to any restrictions under the Health Insurance Portability and Accountability Act ( HIPAA) regulations. All Facility staff, principal officers and board members are required to complete HIPAA training. The following is written into all offer letters and board member requirements:
Certificate ofHlPAA completion must be accepted thirty( 30) days from date of written offer of employment or board
certification. Failure to complete training will result in withdrawal ofinembership or offer letter. Candidates will not be able to assume employment or membership prior to
presenting proof of certification hard copy':
The Company is considered a covered employer that is required to comply with the HIPAA Privacy Rule. The Privacy Rule states that Private Health Information (" PHI") is confidential and that no one associated with the Company ( such as Facility staff, volunteers, or contractors) may use or disclose such information without the customer's written authorization except under limited and specific circumstances:
A. To the particular person ( the Company' s authorized personnel do have to be concerned with the HIPAA Privacy Rule when discussing the consumer' s health information with that consumer; with the exception of some mental health related information, which in most cases carries a warning that the report or diagnosis should not be discussed with the patient);
B. For treatment, payment, and health care operations;
C. For informal reasons, as long as the patient has the opportunity to agree or object;
D. For purposes incidental to another permitted PHI disclosure; E. For Public Interest and Benefit Activities, in compliance with the MAUCRSA and the CDPH regulations and policies governing the release of information for this purpose; or
F. For the purposes of research, public health, or health care operations in compliance with the CDPH regulations and policies governing the release of information for this purpose.
In accordance with the above HIPPA limitations, the Company shall allow City officials to have access to its books, records, accounts, together with any other data or documents relevant to its commercial cannabis business activities, for the purpose of conducting an audit or examination. The Company shall produce requested books, records, accounts, and any and all relevant data or documents no later than twenty- four ( 24) hours after receipt of the City's request unless otherwise stipulated by the City. The Company shall submit materials in an electronic format that is compatible with the City' s software and Submittal # 3— Business Plan Page
66 1054
Cent• l Gali grnia Gr e as
hardware if required by the City.
Submittal# 3— Business Plan Page
67 1055
ir C I E( T " f «
r`....,.;-;~
r
y , i W
P' t . r ""*
k. ' Rr ,
ys+ ir
f
L.`. m° 1`' m"+' a'- 7Sa"S a r ,.
g
r
v,..,,.`' iia4 ka e!." a
Y
4 N= ;` aE .. a '
x
yey
gr
k f
G
Z. t" ,} .: 5
3} r'
iMAY
y o`d' ...
3 p,
1r"'
t., e., a. 4 w' g
x y
n.
g '
w y4
Y
T;c.,"^.:.
fi
r
te : a.,
t: ,` .
t.
f
ry
t34
j
4 g 2F'St3 ' °
q
f
i $. F ,
x
r
q;
a
y {
t. F 4
0 § ,
55 I ;{+
if a^..n 0.C EiP 1, Rv
7 .
yR y:
y"'1 7
j
f roject Sire N ;:.• '
5 kf# p '
0 c
Z
F
s
r ';," "'"' .
s. c;
k "
f
J.., c
S
i'
t '
r r s
r.
m ...
G
mp,
n m.,.,....., > .
y'# _ r.`
t
0 x:" w.. e
t+wuN* F
c ^ 1 , ..
p$:'!#
Y' 1. ..
r .
a
J' H`
a x.. .
p" x ';
x r "
PLANNING DIVISION
Vicinity Map
r.,
E,
R, cuP-22- ss N
Conditional Use Permit
y-- ' 1 Central California Greens
r '
16925 S. Harlan Road, Suite 103 f
APN: 198- 210- 10
c1•7ot to s a1e
1056
IN H ER" ` 5
l`
Qk
S q
I
C,)
f
Q F
W o s s .
I
o
w a u N'
m
V
o a < _ 3 g
U ry ", g .
zw $ e w.
G s y '.
Om J^ .. E
U 3 a -.
li
J
r r :
u
I
y. '..,
11390 d1
E
I
F;i
o tl - II ^ II€.
y_
I '; r_.._
I
I .
1 ` j I _ Lj
I. '
I/¢
4 Q.
r 6' W O Y
vt: f.
1 s a p 3 a I
ao:
i
O " }
T,c .
i
qx` ` 1I I _. -___
J...__.,___ +
I
u- ' e
5 0z i,
Z xqN3 3 e j I y\ _
Q
U.. a
aa 8. i i' Ip' a. i[ :.
i Q I _ o
w
a G g / i. C`3} U( 3 I
a
y.
k3
I §
I
li j
L Q 11 '" z a.. a . 4/ W
a. o Sia ry m m l e "
i'/
I
J
i ,
e.
I ; — w m
3 c. i <
i = ,
I 1
k
x/,^.
ns, 1.-- — a' j
T' r 1 /
s' I
i , II 1. '- I
s. \ \—/,
ll . j ,_°+---.."
I'
xs; `, Z'
j
i
1 cn
i
y r r
Z.
c
X w
Cf
i
m I
x,.
a I
w; 4 ,,
a' . 0
i
a
I
i '
w
7 ' I
p
W,,<
g i
S
l
g
y .
d,.,
Q
r ,
a. r
z o
s''
k,
s. U
a
3 A... C_7
1057
U Zr — I--
io - .__ __— a a
R U m^' s W ssm kl' w a' c=i
U A= % n^
oa a a e:
Z W a
os g
U p 3 a
o E
zO —,.—.._..—..—••—•-- —•--• r—••
o
ea ' , Q
Q
i
J i d G
W w
a E + I o
w o s' I
I„
s$ i
I
i rE
w i
I I
9 '
i
i
a
t z S
g I
3 g '
t
Et. x 1_"
i
e
W
I
I •
i tl
x. , J
I . v,,, W
i
t I
z,.
a . i 2 1
I
1•
o
g 1 I
I I '.
j
s.
g
rf z
I i
1 I
r
r, t"> I
A1 w
t: 5 g
J
W I
i i '
x I
1 i
1 I
1 z
1 °
o°
aa
m
s
b
o e._
z
o
P
4 j
t `. >
wJ
F,
t" i. *
1058
u
o-, s
h
v
a o
U Um
z Z. j Q
r . ..
r
W'. I mC U
I ..... I G
d
w
o
w
o
O
w
J
LL
Q
oLL
U
o >
wLL
o
s E—,•
I
i
i
i,
i,
IJ ¢ 3
Y
I 3
zo o _ z
w za _
Y
3 o
a x
Iw I
li
i ,. . '
I
I
I
I
I' i
3 o
C , - I
1 iz_>...,.
i
1 1•
a
I
3 J
Z
Q
1 o 1 O
J
i _ --
I...., r
0-, L 9-, LS
J'_..'
i
L
N
r
V J
O
O
L
1--'
e
0 J N
1059
ATl"ACHMENT " "
Recording fees exempt pursuant to
Government Code§ 27383
Prepared by and after Recording Return to:
City of Lathrop
c/ o City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Space above this line for Recorder' s use
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ( the " Agreement") is made this _ day of 2022, between the Ciry of Lathrop, California, a general law city (" City"), and Central California Greens, Inc., a California corporation (" Operatar"). City and Operator are individually referred to as " Party" or collectively as " Parties."
RECITALS
A. WHEREAS, Operator is the tenant of a long- term lease for the real property located at 16925 South Harlan Road 103, Lathrop, CA 95330 ( the " Property"); and B. WHEREAS, Operator plans to operate a cannabis dispensary ( the " Business") on the Property pursuant to Lathrop Municipal Code (" LMC") Chapter 5. 26; C. WHEREAS, the Parties mutually desire to enter into this Agreement to facilitate the development and expansion of community programs and infrastructure; and D. WHEREAS, California Government Code Sections 65864 et seq., authorizes municipalities to enter into development agreements at 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 certain land use rights in the Operatar, and to meet certain public purposes in local government.
1 277607. 5
1060
NOW, THEREFORE, in consideration of the above Recitals and mutual promises, conditions and covenants of the Parties in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. AUTHORITY FOR THIS AGREEMENT
a. This Agreement is authorized by Section 65865 of the Government Code of the State of California and LMC section 5. 26. 060.
b. Pursuant to this Agreement, City and Operator have taken all actions mandated by and fulfilled all requirements set farth in Section 65865 of the Government Code of the State of California.
c. Having duly examined and considered this Agreement and having held a properly noticed public hearing regarding this Agreement before the Planning Commission on date], 2022 and before the City Council on [ date], 2022, the City Council declared this Agreement:
i. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan; ii. Is compatible with the uses autharized in, and the regulations prescribed for, the land use district in which the real property is located; iii. Is in conformity with public convenience, general welfare and good land use practice;
iv. Will not be detrimental to the health, safety and general welfare; and v. Will not adversely affect the orderly development of the property or the preservation of property values.
2. AGREEMENT
a. TER1v. The term of this Agreement ( the " Term") shall commence upon the Effective Date defined below and continue perpetually, unless terminated earlier under Sections 9 or 10 of this Agreement. " Effective Date" is defined as the first date on which both of the following are true: ( i) the ordinance adopting this Agreement is effective, expected to be 30 days after second reading; and ( ii) the Operator has obtained City permits and approvals necessary to operate the Business. b. OPERATOR BLIGATIONS.
i. In consideration for the rights granted by this Agreement, the Operator agrees to contribute to communiry benefits program to be implemented by the City:
1. A one- time, non- refundable payment of $ 79, 165. 50 (" Advance Payment") within sixty ( 60) days of the Effective Date of this Agreement; and
2 277607. 5
1061
2. A monthly fee of five percent ( 5%) of in- store Gross Receipts and two percent ( 2%) of delivery and online Gross Receipts from operation of the retail storefront Business on the Properry (" Fee") from and after the Effective Date.
3. Within 30 days of receipt of an invoice, Operator shall reimburse the City' s costs to implement this Agreement and to enforce Chapter 5. 26 of the City Code, including but not limited to:
a. The cost of an independent contractor to enforce this Agreement; b. Any law enforcement responses to the Property or the Business which exceed the level of service provided to other businesses in the City.
Operator may seek review of any such invoice by written request to the Finance Director of the City within the 30 days referenced in this subdivision and, if the Operator remains dissatisfied after such a review, may resort to its remedies under sections 10 and 11 of this Agreement.
Failure to seek review within that time shall constitute waiver of the right to object to the invoice, which shall be immediately due and payable. ii. Although the funds collected pursuant to the Advance Payment and Fee may be appropriated for any lawful purpose in the discretion of the City Council, the Parties understand that the Advance Payment and Fee may be devoted to:
1) drug awareness programs; ( 2) recreational programs; ( 3) public safety programs, and ( 4) programs to address food insecurity and hunger in the City. iii. Gross Receipts Definition. " Gross Receipts" shall be as defined in Lathrop Municipal Code Section 5. 04. 010. In addition, any portion of the Operator' s payments to the City passed through to consumers or other third parties is excluded from" Gross Receipts, " provided, however, that no reference in that section to forms of business exchange not lawful as to the Business shall be read to permit such exchanges.
iv. The Fee shall be abated and shall not be due to and/ or collected by the City until such time as the total amount of the accrued Fee calculated in accordance with Section 2( b)( i)( 2) after the Effective Date exceeds the amount of the Advance Payment. From and after such time, the Fee shall be due and payable to the City with respect to the amount that exceeds the Advance Payment in accordance with Section 2( b)( i)( 2). If the Fee never exceeds the Advance Payment, the City has no obligation to return any portion of the Advance Payment to Operator. v. In addition to other reparting requirements described in this Agreement, Operator shall make a monthly return to City in a form specified by the Finance Director of the City (" Finance Director"). The Operator shall, within 20 days following the close of each calendar month, or at the close of any shorter 3 277607. 5
1062
reporting period which may be established by the Finance Director, make a return to the Finance Director of gross receipts collected in that month and the amount of the Fee due on account of those receipts. When the return is filed, the full amount of the Fee due shall be remitted to the Finance Director. The Finance Director may establish shorter reporting periods for the Operator if he or she deems it necessary to ensure collection of the Fee and he or she may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All Fees collected by the Operators from customers shall be held in trust for the City until paid to Finance Director. Operator shall keep complete, accurate and appropriate books and records of all receipts from operations of the Business in accordance with generally accepted accounting principles. For purposes of this Agreement, books and records" shall mean all bookkeeping or accounting documents Operator typically utilizes in managing its Business operations. Operator shall make available to the City, its auditors, and other authorized representatives all books and records, and other relevant documents as the City may reasonably require, upon reasonable written notice. If the Ciry determines at any time, in its sole discretion, such books and records are inadequate to record the Gross Receipts and to calculate the Fee, Operator shall, upon the written request of the City, procure and maintain books and records adequate for such purpose. vi. Operator shall provide the City courtesy copies of every report Operator must provide to the State of California as to sales and use or other taxes when such filings are made.
vii. At all times during the Term of this Agreement, Operator agrees to comply with all of the requirements of LMC Chapter 5. 26 as amended by the City from time to time and to hold and comply permits and other approvals issued by the City for operation of the Business.
C. CITY OBLIGATIONS.
i. Provided that Operator maintains current permits and approvals in compliance with LMC Chapter 5. 26 and applicable State law, as they now exist or may hereafter be amended, City hereby grants Operator the vested land use right to locate the Business on the Property consistent with the land use entitlements the City issues to Operator, which will include, but not be limited to: a conditional use permit, a business license certificate, building permits for tenant improvements to the Property, and other approvals required pursuant to LMC Chapter 5. 26. City shall not promulgate any land use rules, ordinances or restrictions other than those in effect as of the Effective Date, which would unreasonably restrict, impair or prohibit the location of the Business on the Property, unless: ( i) the Parties agree to such land use rules, ordinances or restrictions in writing; or( ii) such land use rules, ordinances or restrictions are 4 277607. 5
1063
proposed by initiative and adopted by voters , or ( iii) such land use rules, ordinances or restrictions apply City- wide to any cannabis dispensary. In such an event, Operator will nevertheless be subject to those new land use rules, ardinances or restrictions but Operator may give a notice of default under section 10 of this Agreement and, upon resolution of that notice, shall thereafter be relieved of the obligations of this Agreement. ii. During the Term of this Agreement, if the City or voters adopt and impose an alternative revenue mechanism specifically related to cannabis operations( e. g., a cannabis tax), Operator' s payments under this Agreement after the effective date of that alternative revenue mechanism shall be credited against the alternative revenue mechanism such that Operator shall only pay the greater of the two; in no circumstance shall Operator be required to pay both. As used in this subsection, " alternative revenue mechanism" does not include taxes, fees, or assessments levied on or collected from both cannabis and non- cannabis businesses in the City or the City' s application of regulatory fees under LMC Chapter 5. 26. If the City' s tax on cannabis commerce should ever exceed that of the City of Stockton for any reason, at Operator' s option, it may initiate good faith dialog with the City to explore whether that additional taxation is in the parties mutual interests given the risk of sales leakage to Stockton. City shall participate in those discussions in good faith, but is not obligated to agree to change its tax.
iii. City shall keep strictly confidential all statements of revenue furnished by Operator related to operation of the Business, except as otherwise required by law. In particular, the City will exercise its right to withhold such documents under Government Code section 6254, subdivisions ( i) and ( n).
3. GENERAL PLAN CONSISTENCY.
a. The City Council hereby finds the land use entitlements for Operator' s conduct of the Business are consistent with the Lathrop General Plan, including the policies noted below.
b. On December 17, 1991, the City adopted a comprehensive General Plan that included the Project Site within the City' s Sub- Plan Area# 1. The General Plan has been amended periodically with the latest amendment on November 8, 2021. The adopted General Plan designated the Project Site for commercial use and provides for the development of this property in a manner that will benefit the City and the community. Specifically, the Planning Commission and City Council find that approval of this Agreement and the associated land use entitlements will further these General Plan goals.
5 277607. 5
1064
c. Goal No. 1 — Balancing the Social and Economic Costs and Benefits of Urbanization
i. General- Policy 1. The City' s ability to stay abreast of its financial and service capabilities will require continuous monitoring. Once a system is in place, it will be relatively easy to identify current conditions and to estimate the probable impacts of new development proposals. Rather than adhering to an arbitrarily fixed percentage of annual growth as a matter of policy, it will be the City' s responsibility to manage the growth rate in relation to physical and financial capability of municipal service while being consistent with all applicable policies and proposals of the General Plan.
ii. Commercial Development - Policy 1. Areas having early potential for retail and highway commercial development primarily involve lands located at the easterly quadrants of the Lathrop Road and Louise Avenue interchanges with I5. The largest commercial project being considered in the short term is a Factory Stores center proposed at the southeast quadrant of the Louise Avenue interchange.
iii. Commercial Development - Policy 4. Proposals for the classifications of retail activity described in Part IV-A of the Plan are to be considered as offering flexibility for ingenuity and innovation in the selection, promotion, design and development of commercial centers and uses.
d. Goal No. 2— Equal Opportunity
Policy 1. The City intends that positive benefits accrue to the communiry as a whole, through programs which maximize the potential of local residents to obtain jobs, assuming adequate training and personal characteristics. Contracts will be sought with employers of commercial and industrial establishments which will ensure the opportunity for employing qualified local residents. e. Goal No. 4— Quality in the Form, Design and Functions of the Urban Area:
Commercial and Industrial Areas - Policy 2. The visual interface between commercial/ industrial areas and residential areas shall be designed and developed so as to avoid obtrusive visual impacts of commercial or industrial activities on nearby residential areas.
f. Goal No. 8 — Public Safety Hazards:
Policy 1. The Ciry will continue to give high priority to the support of police protection, and to fire suppression and prevention and life safety functions of the Lathrop- Manteca Fire District. Ultimate expansion of the City' s fire service is to include additional stations affording adequate response within a maximum of 3- 4 minutes to all parts of the urban area.
6 277607. 5
1065
4. REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGEMENTS.
a. INTEREST IN PROPERTY. Operator represents and warrants that as of the Effective Date, Operatar has an enforceable legal interest in the Property and that all persons holding legal or equitable interest in the Property have consented to this Agreement. b. AUTHORITY. The Parties represent and warrant that the persons signing this Agreement are duly authorized to enter into and execute this Agreement on behalf of their respective principals.
5. RELATIONSHIP OF CITY AND OPERATOR. This Agreement is a contract that has been negotiated and voluntarily entered into by Ciry and Operator related to land use. The relationship of Operator and City is and at all times shall remain solely that of City as a regulatory body and Operator as the operator of the Business. It is specifically understood and agreed by and between the Parties that the Business proposed to be conducted on the Property by Operator is a private development and a for-profit business. City and Operator hereby disclaim any form of joint venture or partnership between them, agree that nothing in this Agreement ar in any document executed in connection with this Agreement shall be construed as making City and Operator joint venture partners.
6. PUBLIC HEARING. Ciry Council approves this Agreement consistent with Government Code section 65867, after the Agreement was duly examined and considered at a properly noticed public hearings by the Planning Commission on [ date], 2022 and by the City Council on [ date], 2022.
7. APPLICABLE RULES, REGULATIONS AND POLICIES.
a. LAWS AND REGULATIONS APPLICABLE TO COMMERCIAL CANNABIS ACTIVITIES.
Operator shall comply fully with all existing and future State and local laws, rules and regulations applicable to Operator' s Business on the Property, including but not limited to LMC Chapter 5. 26, and shall ensure such compliance by all of Operator' s employees, contractors, vendors and members of the public invited or allowed access to the Property. Nothing in this Agreement shall be construed as the City authorizing or condoning any actions that violate federal, state or local law with respect to the Business or the Property. It shall be the responsibility of Operator to ensure that the Business operates at all times in compliance with all applicable laws and regulations, including for as long as applicable, all state laws, any subsequently enacted state or local law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements which may be imposed as conditions of approval of a state license or of required City permits or approvals for the Business.
b. LICENSURE OF OPERATIONS. Operator shall obtain and maintain all State and local licenses and permits required for operation of the Business on the Property. The City understands that a Type 10 State license is required for operation of the Business. 7 a bo. s
1066
8. AMENDMENT. This Agreement may be amended or canceled, in whole or in part, by mutual consent of the Parties in writing, consistent with Government Code section 65868, unless the City Manager or his designee determines that the amendment is insubstantial. If the City Manager or his designee determines an amendment is both insubstantial and consistent with the Agreement and the City' s existing land use regulations, then the City Council may approve the proposed amendment without notice and a public hearing. An insubstantial amendment may not relate to the Term; conditions, terms, restrictions, and requirements relating to subsequent modification or termination; monetary contributions; or any conditions or covenants relating to the use of the Property. An insubstantial amendment may include interpretation of terms contained herein, and clarification of ambiguities. An insubstantial amendment may also include logical extensions of terms and provisions of this Agreement which are not inconsistent with its provisions.
9. ANNUAL REVIEW OF AGREEMENT.
a. IN GENERAL. City shall annually review performance of this Agreement in accordance with this section and California Government Code section 65865. 1.
Operator shall provide any information the City requests to facilitate the annual review within 14 days of such request.
b. MODIFICATION OR TERMINATION. If the City Council finds and determines through an annual review, based on substantial evidence, that Operator has not complied in good faith with this Agreement, City may terminate or modify the Agreement pursuant to Section 10 of this Agreement.
c. OTHER INVESTIGATIONS AND EVALUATIONS. City may investigate or evaluate, from time to time and as a part of an annual review or otherwise, any matter properly the subject of an annual review of this Agreement.
10. TERMINATION.
A. DEFAULT BY OPERATOR.
i. Termination. If City determines, based on substantial evidence, that Operator has not complied in good faith with the terms and conditions of the Agreement, City may terminate the Agreement as indicated herein.
ii. Notice of Proposed Termination. If Operator fails to address the identified default( s), City may give Operator a written notice specifically identifying those obligations Operator has not performed and providing for a period of not less than 60 business days in which the Operator may cure the alleged breach unless the breach involves a payment to the City, in which case the Operator shall cure the default within five business days. If Operator does not cure the breach in that time or, if the breach is such that mare time is needed to complete it, commence the cure and inform the City of Operator' s efforts in the applicable time period, the City may give notice of a hearing on 8 277607. 5
1067
termination of this Agreement. The written notice shall include the time and place of the hearing and any other information that City considers necessary to inform Operator of the nature of the proceeding. Nothing herein shall entitle the City to rescind or adversely affect any land use entitlement held by Operator other than in compliance with the LMC and other applicable law. iii. Public Hearing on Proposed Termination. City shall give notice of the public hearing under Government Code sections 65090 and 65091. On conclusion of the public hearing, the City Council may, in lieu of termination, impose such conditions on Operator as it considers reasonably necessary to protect City' s interests. Such a hearing may, in the City' s discretion, be combined with a hearing to evoke land use entitlements under the procedures required by the LMC and other applicable law, including, without limitation, LMC section 17. 112. 120.
iv. Modification of Agreement. City may, instead of termination, modify the terms of the Agreement if it determines that Operator has not complied in good faith with the terms and conditions of this Agreement. If City modifies this Agreement under this subdivision, it must follow the procedures in sections 10( a)( ii), (a)( iii) of this Agreement.
B. DEFAULT BY CITY. If City defaults under the provisions of this Agreement, Operator shall have only the right to compel specific performance of City' s obligations under this Agreement or, as to the imposition of new land use rules, ordinances or restrictions other than those in effect as of the Effective Date, that unreasonably restrict, impair or prohibit the location of a cannabis dispensary on the Property in violation of section
2. C. i of this Agreement, Operator may terminate this Agreement after complying with this section. Operator shall submit to City a written notice of default stating with specificity those obligations the City has not performed. Upon receipt of the notice of default, City may cure the identified default( s) at the earliest reasonable time after receipt of the notice of default and shall complete the cure within 90 days after receipt of the notice of default, or such longer period as is reasonably necessary to remedy such default( s), provided that City shall continuously and diligently pursue such remedy at all times until such default( s) is cured and regularly notify Operatar of City' s efforts to remedy the default( s). Alternatively, City may dispute that a default exists and inform Operator in writing of the basis for City' s conclusion that no default has occurred. If the City disputes the alleged default, the Parties shall seek to resolve their differences by good faith dialog, with or without the assistance of a mediator. If the dispute remains unresolved after 60 days of such dialog, either Party may seek declaratory relief or other appropriate judicial assistance.
ll. SPECIFIC PERFORMANCE. Both Parties agree and recognize that Operator has invested considerable time and financial resources in establishment of the Business. For 9 277607. 5
1068
this reason, it may not be possible to determine an amount of monetary damages which would adequately compensate Operator for this work, nor calculate the consideration City would require to enter into this Agreement to justify such exposure. The Parties acknowledge that City would not enter into this Agreement if it might expose its assets and the public to the risk of damages arising from failed expectations in continued operation of the Business. Therefore, the Parties agree that monetary damages shall not be an adequate remedy for Operator if City is in default under this Agreement and City fails to remedy the default( s). The Parties further agree that specific performance ( or writ of mandate to compel a required act) shall be the sole available and appropriate remedy for Operator under this Agreement, and Operator shall not seek monetary damages if a default by City occurs under this Agreement or under any otherwise applicable legal basis for monetary damages. Operator agrees that in no event will City ar its officers, agents, or employees, be liable for damages for any default under this Agreement; it being expressly understood and agreed by Operator that the sole legal remedy available to Operator for a default under this Agreement by City shall be a legal action in mandamus, specific performance, or other injunctive or declaratory relief to enforce the provisions of this Agreement except that, as to a default under section 2. C. i, Operator may also terminate this Agreement.
12. INSURANCE. Operator shall at all times maintain insurance at coverage limits and with conditions thereon determined necessary and appropriate by the City' s Risk Manager.
13. ASSIGNMENT/ CHANGE OF LOCATION.
a. The provisions hereof shall be binding upon, and inure to the benefit of, City and Operator and their successors and permitted assigns, as the case or context may require.
This Agreement shall likewise be binding upon and obligate the Property and any successars in interest to the Property. Operator must obtain the City' s prior written consent to any assignment and comply with LMC Title 17 as to any transfer of City permits and approvals associated with the Property or the business. b. Should Operator request relocation of the Business, Operator will retain all obligations and responsibilities under this Agreement upon the City' s amendment, in the manner required by the LMC and other applicable law, of the Operator' s land use entitlements to allow operation at the relocation site.
14. INDEMNITY.
a. Operator agrees to protect, defend ( with legal counsel acceptable to City), indemnify and hold harmless City, its council members, officers, agents, independent contractors, attarneys and employees from any and all ( 1) claims, damages, penalties, losses, costs, expenses ( including reasonable attorneys' fees and court costs), injuries and liabilities of every kind arising out of or related to Operator' s conduct of the Business whether such conduct is by Operator or anyone directly employed or contracted with by 10 277607. 5
1069
Operator, and ( 2) claims challenging the City approval, legality, constitutionality, or enfarceability of this Agreement or any other City action related to the Business. b. City' s rights of indemnity, as expressly set forth in this Agreement, shall not depend upon payment of any claim, damage, penalty, loss, cost, expense( including reasonable attorneys' fees and court costs), injury or liability sustained by Operator or its contractors, subcontractors, agents or employees. Operator shall not be entitled to a refund of any sums spent pursuant to this indemnity promise if Operator is adjudicated or determined to have been without fault or liability.
c. If City tenders the defense and indemnification of a claim to Operator and its contractors, subcontractors, agents or employees under this Section 14, City shall be entitled to actively supervise defense of the claim, and may select and retain separate counsel, at Operator' s or its contractars, subcontractors, agents or employees' expense, as necessary, which decision shall be made solely and exclusively by City.
City must consent to the disposition of any such claim, including but not limited to, the settlement of any such claim.
d. Within 10 days of the service of any claim or lawsuit against the City challenging this Agreement or any other City action related to the Business, the Operator shall submit to the City a$ 10, 000 cash deposit or irrevocable letter of credit in favor of the City in a form acceptable to the City Attorney, to pay the City' s fees and costs in connection with the defense of any such claim or lawsuit and shall thereafter replenish the funds in increments of$ 5, 000 when requested by the City upon receipt of an accounting, so that the deposit is continuously maintained at $ 10, 000 or more. Failure to provide funds sufficient to satisfy this indemnification obligation shall constitute grounds for the City to take action to terminate this Agreement and to nullify any City permit or approval as to the Business. If the City holds remaining defense funds after any claim or lawsuit is resolved, the City shall refund them to Operator within 30 days of the resolution of the claim or lawsuit.
15. CEQA. Nothing in this Agreement shall authorize any development without compliance with the Planning and Zoning Law, the LMC, CEQA( to the extent it applies), the CEQA Guidelines, and other applicable law, policies and procedures. Because the Operator proposes only tenant improvements of an existing structure zoned for retail use, the City has determined that approval of this Agreement and the associated land use entitlements are categorically exempt from analysis under the California Environmental Quality Act pursuant to State CEQA Guidelines sections 15061( b)( 1) [" common sense" exemption], 15273 [ rates, tolls, and charges], 15301 [ existing facilities], 15305 [ minor alterations in land use limitations], and 15332 [ in-fill development].
16. MISCELLANEOUS.
a. Notices. All notices required by this Agreement or by law shall be in writing and personally delivered or sent by certified mail to the following addresses. Notice may 11 277607. 5
1070
be provided by email as well if receipt of that email notice is acknowledged by the recipient. Either Party may change the address stated here by notice in writing to the other Party, and thereafter notices shall be addressed and transmitted to the new address. Notice shall be deemed delivered on the date of personal delivery or email, one ( 1) day after delivery to an overnight delivery service and three ( 3) days after deposit in the U.S. Mail as certified mail.
Notice to City shall be addressed:
CITY OF LATHROP
ATTN: City Manager
390 Towne Centre Drive
Lathrop, California 953302
With a copy to
City Attorney
390 Towne Centre Drive
Lathrop, California 953302
Notice to Operator shall be addressed:
Central California Greens, Inc.
16925 So Harlan Road 103
Lathrop, CA 95330
With a Copy to:
Jennifer McGrath, Esq.
9114 Adams Avenue, # 264
Huntington Beach, CA 92646
b. CoNSTRucT olv oF AGREEMEN' r. Operator acknowledges that it has been advised to have this Agreement reviewed by counsel, and agrees that Operator and its counsel and/ or such other business and financial advisers as Operator desires) have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement or any amendments or exhibits.
c. THIRD PARTY BENEFICIARIES. This Agreement is entered into for the sole benefit of the Parties and any successors. No other party (other than a permitted assignee under Section 13) shall have any cause of action or the standing to assert any rights under this Agreement.
d. ATToltNEY FEEs. If any action at law or in equity is brought by either Party to enforce or interpret provisions of this Agreement against the other Party, then the prevailing 12 277607. 5
1071
Party shall be entitled to reimbursement by the non-prevailing Party for its reasonable and actual attorneys' fees and costs in the action.
e. SEVE B LITY. Should any provision of this Agreement be found invalid or unenforceable by a court of law, the decision shall affect only the provision interpreted and all remaining provisions shall remain enforceable.
f. IN'rEGu T o1v. This Agreement constitutes the entire understanding and agreement of the Parties regarding its subject matter and supersedes any previous oral or written agreement. This Agreement may be modified or amended only by a subsequent writing executed by both Parties.
g. COUNTERPARTS; ELECTRONIC SIGNATURES. This Agreement may be signed in one or more counterparts and will be effective when the Parties have affixed their signatures to counterparts, at which time the counterparts together shall be deemed one original document. Signatures may be given by emailed pdf or other electronic means with the same force as hard copy signatures.
h. INCORPo T oN. The recitals and all defined terms in this Agreement are part of this Agreement.
i. CovElvAlvTs. City and Operator acknowledge that all covenants, obligations, and rights run with title to the Property. Each and every purchaser, assignee, or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned, or transferred to it. Any such purchaser, assignee, or transferee shall observe and fully perform all the duties and obligations of Operator in this Agreement, as such duties and obligations pertain to the Property, or such portion thereof, sold, assigned, or transferred to it.
j. Goon FAITx A1vn FA[ R DEAL NG. City and Operator agree to execute all documents and instruments and to take all action and shall use commercially reasonable efforts to accomplish the purposes of this Agreement. City and Operator shall each diligently, reasonably and in good faith pursue the satisfaction of any conditions or contingencies subject to their approval. Nothing in this section is intended to waive or contract away the City' s governmental authority.
k. ENFORCEMENT. This Agreement shall in all respects be interpreted, enforced, and governed under the laws of the State of California. Parties agree that any action to enforce this Agreement shall be filed and maintained in the San Joaquin County Superior Court and Operator hereby concedes the existence of personal jurisdiction there and consents to the jurisdiction of that Court for this purpose. 13 277607. 5
1072
1. FEDERAL LAw. The Agreement involves the operation of a business or businesses involving cannabis retail sales. Under federal criminal law, marijuana remains a Schedule I narcotic, manufacture and distribution of which is prohibited, and for which there is no federally approved use. ( Controlled Substances Act, 21 U.S. C. Section 801 et seq.) The U.S. Department of Justice takes the position that the federal law is valid and enforceable even against individuals and companies engaged in cultivation, transportation, delivery or use of inedical or recreational marijuana as permitted under State law. Operator' s direct or indirect involvement in cultivation, dispensing, delivery and retail sale of inedical or adult use of cannabis could expose Operator to criminal liability for violating federal law. ( See the federal Criminal Accessory statute, 18 U.S. C. Section 2, which imposes accessorial liability against a person who intentionally aids or abets another in violating the narcotics law.) City shall not be obligated to defend or indemnify Operator or any person associated with Operator, if any criminal prosecution occurs arising out of activities related to this Agreement. The Parties agree the City' s role as to the Operator' s operation of the Business is solely that of a regulator.
m. TIME Is oF TxE EssENCE. Time is of the essence in this Agreement and every provision within it.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written:
City of Lathrop Central California Greens, Inc.
B y:
By Donald Jimenez
Stephen J. Salvatore Chief Executive Officer
City Manager
Date:
Date:
By:
Attest: Printed Name:
Teresa Vargas Title:
City Clerk
Date:
Date:
APPROVED AS TO FORM:
14 277607. 5
1073
By:
Michael G. Colantuono, Special Counsel
Date:
Property Owner Acknowledgement:
Kulwant Sran
By:
Signature)
Date:
2 6o. s
15 1074
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
ss.
COUNTY OF
On 2022, before me,
personally appeared who proved to me on the basis
of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument, and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity( ies) upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. SEAL)
Notary' s Signature
277607. 5
1075
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
ss.
COUNTY OF
On 2022, before me,
personally appeared who proved to me on the basis
of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument, and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity( ies) upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. SEAL)
Notary' s Signature
277607. 5
1076
ATTACHMENT " 7 "
CITY OF LATHROP
PLANNING COMMISSION RESOLUTION NO. 22- 4
A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF LATHROP
RECOMII ENDING APPROVAL OF A CONDITIONAL USE PERMIT FOR CENTRAL CALIF4RNIA GREENS ( CUP-22-58)
WHEREAS, the City of Lath op Planning Commissian held a duly noticed public hearing to consider the Central California Greens project pursuant to the Lathrop Municipal Code; and WHEREAS, the request is for a Conditional Use Permit and Development Agreement to occupy an approximately 2, 000 square foot tenant space for a retail cannabis dispensary and delivery facility « ithin an existing multi-tanant building ( High 5 Plaza) on a 0.$ 3- acre parcel on S. Harlan Raad; and WHEREAS, the project is located at 16925 S. Harlan Road, Suite 103 { APN: 198- 210- 10); and
WHEREAS, the proposed Conditional Use Permit is exempt according to California Environmental Qt ality Act ( CEQA) Article 19 § 15301 Class 1 " Existing Facilities". The proposed project ti oald operate a cannabis dispensary in an existing multi-tenant retail buildin on S. Harlan Road, The proposed project is located within an existing facility and will involve tenant improvements. Site improvements such as paving, lighTin, landscaping, off-street parking and curb, gutter, and sidewalk are exisCing; and HEREAS, the Planning Commission finds that the proposed project is consistent with the Freeway Commercial land use goals and policies and the City of Lathrop General Plan and will comply vith the req zirements of the Highcvay Commercial Zoning District and applicable pr visions in the Lathrop Municipal Code; and tVHEREA, the Plannin Commission finds that the requiremenks and conditions of this resolution are reasonable in preserving, protecting, providing for, and fostering the health, safety, and welfare of the citizenry in general, and the pe• sons who work in or visit the development in pa Cicular; and WHEREAS, proper notice of this public meetin was given in all respects as required by law including the publishing of a legal notice of the hearing in the Manteca Bulletin on or about June 2, 2d22, email notification sent to Public Hearing subscribers on June 2, 2022, and mailed out to property owners located within 300-feet radius from the Central California Greens project site on June 2, 2022.
In addition, the meeting agenda was posted at the Council Chambers bulletin board and three ( 3) other locations accessible to the public and posted to the City' s website; and WHEREAS, the Planning Commission has reviewed all written evidence and oral testimony presented to date.
Planning Commission Reso( ution No. 22- 4
Pa e 1 of 4
1077
NOW, THEREFORE, BE IT RESOL'' ED the Planning Commission of the City of Lathrop does herehy make the following findings; L Conditional Use Permit Findin s. Purs iant to Section 17. 112. 060( A) of the L throp Municipal Code { LMC), the Planning Commissian finds as folloti s:
a. The branting of a use permit for the proposed use is necessary for the preservation and enjoyment of a substantial pi-operty right.
P rfs ai t to Clzapter 1718, C zrziaabis Activtties, in the LMC, Cartnc l is Dispe isnry is ct Permittec Use iipon A p oval of a Corirlitio aal Use Per•mit, T1ze proposecl
project vi ill eciapy can cip Ynximc tel 2, 000 sc uar-e, foot tennrit space to be used ns a retail earzrac bis business Ernd deliveyy fc ciliry tivithin an existing builcling orz n
0. 83- c ere site. Tlae Cnnnnbis Dispensctry is cilso rec caired to ciclhere to the provisioras ira Chapter 5.26, Comrnercial Caranabis Regcllc tions. b. The location of the proposed use is corlsistent with the objectives of the zoning code a d the pi rpose of the district in which the site is located.
As rtotecl above, the proposed use is consistenl tivzth Chnpter 17.18, Cannabis Activities i a tlte LMC, tvhej-e tlae use " Ccrnnahis I i.spe zs ty,v" is ct Perrnitted Use tapon Approvttl of u Cot ditionctl Use Perr rait. 7'he properl} is located rvitl7ira the CH, Higlatii czy Cornmerez rl Zoning Dist- ict attc develo rner2t of the nzailti- te trtrat rett illoffiee building tivas nppj-oved by Plc f rzifig Corrrrraission orz April 20, 2007.
The pr-oposecl ttse tiv atld occci y a a e_xistir ag ten zrtt s ace( Saiite 1 fl3) isz tlae b lildi3ag.
Further•r 2 r-e, on-« r2cl off-sile improvelnetats nre cornplete, i iclaadi zg Uzat fiot linzited to pc vittg, lighting, l ndscapirzg, off-,rtreet parking, czr rl cc f U, gtrtter and sicletivalk.
As si elz, the loe ltio of th r-oposed clse is eorasisteTat tivith the Zoriifig Coc e nricl t pttr-pr s of the [) ist ict in tivlzicj tt is loccated. As recicrired 1_ y Stcite lc tiv, the ctinr nbis retctil clisperisnj} pr-ojecz s te is loccrted r c tsirle of the reqiiired 600 foot baiffer are. frona serzsitive frses ( e.g., tl«yct res, schools, c rtd yoa th fneilities). In adclition, the project site is locnted c tltside of the 1, 000 for t bc er, me tst-trecl frorn tjte ceizterlirze oftlae street,frorn Spar tnra Yt ay a zd Ltitltf-op Ro d cznd Golden Vctllev Prrrkwtty, as reqalired by Sectiori 5.26.0$ 0, Locati ti ancl rniYaimaura py-oxitnity reqciir-erraents, in the LMC.
c. The proposed use Gvill comply with each af the applicable provisions of Chapter
17. 112 of the LMC.
The proposed aase complies tivith the applicczble provisions ira C{zapter 17.112, including Conditions fApproval necesscrry to protect tlae public healtlz, safety zncl general rvelfc r-e. Additionally, the City h as revietived the applicc rzt' s Baas•iraess Plari r hich incl ic es rovisiorzs for secerrity, cortsisterzcy tivitlz applicable Stctte lativ, odor mitigcrtion, hoarrs af operatiofz, operr tion pr-otocols, afzd delivery pr-ocedcir-es. The Conditiotts ofApproval address Planning, Ba ilding, Pc blic Works artd Police a d Fire Departrnerzz rec c irements.
Planning Commission Resolution No. 22- 4
1078
2. The Planning Commission finds that the proposed Central California Greens Cannabis Disp nsary is consistent with the Freeway Commercial land use goals and policies in the General Plan. The proposed use complies with all applicable provisions and standards in tha Highway Commercial Zoning Distl ict.
3. The Planning Commission finds that th requirements and conditions of this resolution are reasonable in preserving, protecting, providing for, and fostering th health, safety, and welfare of the citizenry in g neral, and persons who work in or visit the development in particular.
a
4. The Planning Commission finds that the proposed Conditional Us Permit is exempt according to California Environmental Quality Act ( CEQA) Article 19 § 15301 Class 1 Existing Facilities". The proposed project would operate a cannabis dispensary in an existing multi- tenant retail building on S. Harlan Road. The proposed project is located within an existing facility and will involve tenant improvements. Site improvements such as paving, lighting, landscaping, off-street parking and citrb, gutter, and sidewalk are existing.
BE IT FIIRTHER RESOLVED that the Planning Commission of the City of Lathrop based on substantial evidence in the administrative record of proceedings, its findin s above and pursuant to its independent revie v and consideration, does hereby recommend City Council approve Condikional Use Permit No. CUP- 22- 58, subjact to the Conditions of Approval listed as Attachment # 3 of the Planning Commission Staff Report, incorporated by reference herein.
Planning Commission Resolution No. 22- 4
Pa e 3 of 4
1079
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a special meeting on the 15 h day of June, 2022 by the following vote:
AYES: Rhodes, Ishihara, Ralmilay
NOES: Dresser, Gatto
ABSTAIN: None
ABSENT: None
Steve esser, Chair
ATTEST: APPROVED AS TO FORM:
ark is er, Se retary Salvador Navarrete, City Attorney
Planning Commission Resolution No. 22- 4
1080
CITY OF LATHROP
PLANIVING COMMISSION RESOLUTI( aN NO. 22- 5
A RES( LUTION OF THE PLr. NNIlVG COMMISSION OF THE CITY OF LATHROP FINDING CONSISTENCY WITH THE LATHROP G NERAL PLr N AND
RECOMMENDING THE CITY COUI TCIL APPROVE THE DEVELOPMENT
AGREENIENT BETWEEN THE CITY OF LATHROP AND CEI TTRAL CALIFORNIA GREENS, I1 1C. ( DA- 22- 8i)
WHERE S, the City of Laehrop Planning Commission held a duly noticed public hearing to consider the Central California Greens Development Agreement pursuant to the Lathrop Municipal Code; and
WHEREAS, the request is for a Conditional Use Permit and Development Agreement to occupy an approximately 2,000 square foot tenant space for a re.tail cannabis dispensary and delivery facility within an existing multi- tenant building ( High 5 Plaza) on a 0.$ 3- acre parcel on S. Harlan Road; and
HERE S, the project is located at 16925 S. Harlan Road, Suite 103 ( APN: 198- 210- 10); and
WHEREAS, Central California Greens, Inc., a California corporation, have applied for approval of a Development A reement; and
HERE. S, California Government Code Section 65$ 54 et seq. authorizes any city, county, or city and co. inty to enter into an agreement for the development of real property within its jui-isdiction; and
WHEREAS, the proposed Development A re.ement has been reviewed by City staff and City Attorney, and have recommended that the Planninb Conurussion revie and recommend approval of ttle Developinent Agreernent as attached and incorporated in the Staff Report as Attachment" 6"; and t' HEREAS, the proposed Development greement is exempt according to California Environmental Quality Act ( CEQA) Artiele 19 § 15301 Class 1 " Existing Facilities". The proposed project would operate a cannabis dispeilsary in an existing multi- tenant retail building on S. Harlan Road, The proposed project is located within an existing facility and will involve tenant improvements. Site improvements such as pavin, libhtin, landscaping, off-street parking and curb, guCter, and sideu alk are existing; and
WHEREAS, proper notice of this pubiic meeting was given in all respects as required by law including the publishing of a legal notice of the hearing in the Manteca Bulletin on or aboLit June 2, 2022, email natification sent to Public Hearing subscribers on June 2, 2022, and mailed out to property owners located within 300- feet radius from the Central California Greens project site on June 2, 2022.
In addition, the meeting agenda was posted at the Co mcil Chambers bulletin board and three( 3) other locations accessible to the public and posted to the City' s website; and WHEREAS, the Planning Comnussion has utilized its own independent judgement in reviewing the proposed Development Agreement in adopting this Resolution; and Planning Commission Resolution No. 22- 5 Pase 1 of 3
1081
VVHEREAS, the Planning Cor imission desires to provide its recommendation to the City Council regarding the Development Agreement as required by local ordinance and Califomia law; and VVHEREAS, the Planning Commission has reviewed all written evidence and oral testinZony presented to date.
NOW, THEREFORE, B IT RESOLVED that the Planning Commission finds that the text of the Development Agreement is consistent with the Lathrop General Plan as amended, since there is no resultant chan e in zoning, land use standards, or other siilular regulations, and that the Development Agreement is exempt according to the California Environr lental Quality Act because:
a. The proposed Development Agreement involves or anizational and financial matters that have no potenCial for direct or indirect physical effect on the environment. b. The proposed Development Agreement is exempt according to CEQA Article 19 § 15301 Class 1 " Existin Facilities". The proposed project would operate a cannabis dispensary in an existing m lti-tenant retail building on S, Harlan Road. The proposed project is located u ithin an existing facility and will involve tenant improvements. Site improvements such as paving, lighting, landscaping, off-street parking and curb, gutter, and sidewalk are existing.
c. The proposed Development A reement wotlld not alter the physical nature of the Project Site or its potential environniental impacts.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Lathrop based on subsCantial evidence in the administrative record of proceedings, and pursuant to its independent re ie v and consideration, hereby adopts Resolution 21- 5 finding consisCency with the Lathrop General Plan, as amended, and recommends that the City Council approve the Development Agreement between the City of Lathrop and Central California Greens.
Plannin Commission Resolution Na 22- 5 Page 2 of 3
1082
PASSED AND ADOPTED by the Planning Commission of the City of Lathrop at a special meeting on the 15` h
day of June, 2022 by the following vote:
AYES: Rhodes, Ishihara, Ralmilay
NOES: Dresser, Gatto
ABSTAIN: None
ABSENT: None
teve D sser, Chair
ATTEST: APPROVED AS TO FORM:
k M issn , Se etary Salvador Navarrete, City Attorney
Planning Commission Resolution No. 22- 5 Page 3 of 3
1083
ITEM 5. 4
CITY MANAGER' S REPORT
JULY 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: REVIEW AND CONSIDER TRAFFIC CALMING
IMPROVEMENTS AT BARBARA TERRY BOULEVARD
AND ADOBE WAY, JOHNSON FERRY ROAD AND
VICTORIAN TRAIL, AND JOHNSON FERRY ROAD AND
FORTY NINER TRAIL
RECOMMENDATION: Council to Consider Options for Traffic Calming Improvements at Barbara Terry Boulevard and Adobe
Way, 7ohnson Ferry Road and Victorian Trail, And
7ohnson Ferry Road and Forty Niner Trail
SUMMARY:
City staff has received complaints from residents regarding vehicles travelling at unsafe speeds at three locations in the City including Barbara Terry Boulevard and Adobe Way, Johnson Ferry Road and Victorian Trail, and Johnson Ferry Road and Forty Niner Trail. The installation of all- way stop signs at the three locations has been suggested as a solution to reduce the speed of vehicles travelling through the corridors. Staff evaluated these locations using the California Manual on Uniform Traffic Control Devices ( MUTCD) and the City of Lathrop Neighborhood Traffic Calming Program. The following options are being presented to Council for review and consideration:
Option 1 — Installation of Striping to Reduce Lane Widths approximate cost of $ 7, 000 for Johnson Ferry Road & $ 16, 000 for Barbara Terry Boulevard)
Recommended: Reducing the traveled lane widths is an effective solution to reduce vehicle speed
Option 2 — Installation of All- Way Stop Control
approximate cost of $ 12, 000)
Not recommended: MUTCD Section 2B. 04. 05 states " Yield or Stop signs should not be used for speed control"
Staff recommends that Council consider Option 1 as a solution to reduce the vehicle speeds on Barbara Terry Boulevard and Johnson Ferry Road. However, staff will install the all- way stop control if Council elects to proceed with Option 2. 1084
CITY MANAGER' S REPORT PAGE 2
JULY 11, 2022 CITY COUNCIL REGULAR MEETING
REVIEW AND CONSIDER TRAFFIC CALMING IMPROVEMENTS AT BARBARA
TERRY BOULEVARD AND ADOBE WAY, ) OHNSON FERRY ROAD AND
VICTORIAN TRAIL, AND OHNSON FERRY ROAD AND FORTY NINER TRAIL BACKG ROU N D:
City staff has received complaints from residents regarding vehicles traveling at unsafe speeds at three locations in the City including Barbara Terry Boulevard and Adobe Way, ) ohnson Ferry Road and Victorian Trail, and Johnson Ferry Road and Forty Niner Trail. The installation of ail- way stop signs at the three locations has been suggested as a solution to reduce the speed of vehicles traveling through the corridors.
Staff evaluated these locations using the California Manual on Uniform Traffic Control Devices ( MUTCD) and the City of Lathrop Neighborhood Traffic Calming Program. The following options are being presented to Council for review and consideration:
Option 1 — Installation of Striping to Reduce Lane Widths approximate cost of $ 7, 000 for Johnson Ferry Road & $ 16, 000 for Barbara Terry Boulevard)
Recommended: Reducing the traveling lane widths is an effective solution to reduce vehicle speed
Option 2 — Installation of All- Way Stop Control
approximate cost of $ 12, 000)
Not recommended: MUTCD Section 2B. 04. 05 states Yield or Stop signs should not be used for speed control"
Wide lanes often result in higher vehicle speeds due to the increased comfort of the driver and less consideration of their surroundings. Staff recommends that Council consider Option 1 as a solution to reduce the vehicle speeds on Barbara Terry Boulevard and Johnson Ferry Road.
Option 1 proposes the installation of striping to delineate the traveled lane from the on- street parking and reduce the traveled lane width. The existing lane width for Johnson Ferry Road is 17' with sporadic on- street parking. The proposed edge line and centerline would be installed to create two 10' travel lanes and two 7' parking lanes as shown in Attachment " A". The existing width for Barbara Terry Boulevard is 48' with sporadic on- street parking. The striping would be installed to create two 10' travel lanes, two 5' bicycle anes, two 2' bicycle lane buffers and two 7' parking lanes as shown in Attachment " B".
1085
CITY MANAGER' S REPORT PAGE 3
JULY 11, 2022 CITY COUNCIL REGULAR MEETING
REVIEW AND CONSIDER TRAFFIC CALMING IMPROVEMENTS AT BARBARA
TERRY BOULEVARD AND ADOBE WAY, ) OHNSON FERRY ROAD AND
VICTORIAN TRAIL, AND JOHNSON FERRY ROAD AND FORTY NINER TRAIL Further, Option 1 promotes the " Complete Streets" concept and is consistent with the Goals and Policies of the City' s Draft General Plan by providing connectivity of the Mossdale neighborhood to the existing Central Lathrop bike lanes on Barbara Terry Boulevard, which currently terminate at Adobe Way. Complete Streets" is a concept that considers and provides the most safety for all modes of transportation on a street including vehicular, bicycle and pedestrian.
REASON FOR RECOMMENDATION:
Staff is requesting that Council consider the proposed traffic calming improvements for Barbara Terry Boulevard and Adobe Way, Johnson Ferry Road and Victorian Trail, and Johnson Ferry Road and Forty Niner Trail. Staff recommends that Council consider Option 1 as lane width reduction is an effective solution to reduce vehicle speed.
However, staff will install the all- way stop control if Council elects to proceed with Option 2.
FISCAL IMPACT:
Staff estimates the approximate construction costs below for the two options presented to Council:
Option 1 — Installation of Striping 23, 000
to Reduce Lane Widths
Option 2 — Installation of All- Way
Stop Control 12 000
Staff will pursue the option selected by Council, develop construction documents, and secure bids for the project. Sufficient funding has been allocated in CIP PS 22- 16 Traffic Calming Measure fund ( 3310) in fiscal year 21/ 22.
ATTACH M ENTS:
A. Proposed Striping for Barbara Terry Boulevard
B. Proposed Striping for Johnson Ferry Road
1086
CITY MANAGER' S REPORT PAGE 4
JULY 11, 2022 CITY COUNCIL REGULAR MEETING
REVIEW AND CONSIDER TRAFFIC CALMING IMPROVEMENTS AT BARBARA
TERRY BOULEVARD AND ADOBE WAY, ) OHNSON FERRY ROAD AND
VICTORIAN TRAIL, AND JOHNSON FERRY ROAD AND FORTY NINER TRAIL APPROVALS:
6 2 zozz
Brad aylor Date
City En ineer
fe$ o l
Cari ) es Date
Dire r of Finance
Ep— Z7- Zo Z2
Michael King Date
Assistant City Manag r
2.? 202. Z
Salvador Navarrete Date
City Attorney
7' di' li?i
St en J. Salvatore Date
City Manager
1087
ATTACHMENT A
z
Y
3 vd
rnc
N
ys ' " W
r ,;+
3 x
iir"
9 k g' 01^ f
07 C
E y ,
d
P I
N
m
N
Y", Y
m J
AVJ1
c
J
o L
W
i
M
r
o
o
Y
m J
N
N 1 / /
m
v/
C
1r, q, a G/ „ G
1 R
a O
Q
3 da
z p;
4%'
N
s*" W
b
1088
W lt/ H 3N1 33S) MO138
ai d,. a o
s
a ,
r ., u.!'. ' i; : p a , r
j
Qf; A W 8
s .
K,
Z
A.,:
y
is
1..., .« „*` °° 8 : t y .q.,
f
x -
r", 9 _
a„, a` $"""«
a
d
ry q q'
R' ;„, tr#" z t
a,,. E: y,
x
a
b e
ad 8 JIdM
r
r
e
w°
a
r r fy t'
r
y a a
yw`," a " ',' w
g zw>".
J
r
s R' - g' : s.
u4
r
a`
r
i
l ` f
w.'".r' a"
Rg S '°
w k' s
e ` .:
9 r` c
da
fr t
5 #
a'
1'
r.
a
F ' k,
p'°.
k
4z` .
e , ex°-., P
a A, dit: . . r:°i,' x
s '"' x2 ': m ;;^
M,
x,#, "..
s } 6 ' S° 4° , w C a. +
r " - L] v
y
a
t
ry a'
k" -
r' i
ew
i. ,: ' m p
O ,
ti #,
v m
a
q, „
b
tl d
t
y,
x ¢
v
1 x t '
mr r. s € i
t "
a
r ; Q Q t "
r
r;
y
e
kR ,
x m
Y P
a a v
P 7A,.
t p4 F
g k, i=? r =
n
z r _"
u lm
8 s,
d"° r 4
r n a *
p
b m . ;,'
4 M"' , 4 ":;"'
r .
a
a 3
c
j
r. , a
v ,
m°
b
c
RE' a^ .
eW t ti .$' a ...,.,. . . u'/.
5 r" i ,+}
P
8r"
R
y
i
ti, : fr'
e
g
t.$ X
d
L. „ d ..
q r >
A y / .:,
K° ..
a
a'
f
s
e)
o a
w
x
t° ,
y
r_.
x"~°
a >,,«., r a
e,. ,.^
i „
s w. B rzQ
o' S', w,
v, . i,.
b
o, m
d ' .. s o ee. rir. v„ n a. "' , . i rw
ltJllll H 3NIl 33S) 3n08V
1089
ATTACHMENT B
ti
Z
Y
a
D
h 1
f
a 3,," C
w
y
f
S X
r e LL1
i`
e z
w' ..;
1 q
r,
4 ;
d O
gGx"':
9 CA
a
L
L
rf.' s a L.
Pi%'"'
i L
u
y,,
c
o
R
0 0, -
r rs
l N"
d C t,JJ
k
J
d
fi i
F- L
r
r
s
y v!
Fi'
xr i
i,,,,,
s O
J
r' a Q.
t
ai. i°. L—
a, i
a
r
r
s•
S 3.
t; Y
Yr q' d'` f4
E 6 3
w;
i ;
n , a r
rn
7 w`
w
WX
r.r r:w
N
r
J
t.,
1090
W lt/ H 3NIl 33S) MO138
au.,, a'
F V,... 0 a - .
a ,. v e
Z
a;
JO, „ A2R738Nb' lY1M
P .
d. f.. d;'" e ' .. ,
e
y x
4 4.
u,, rc., 3 q aT 5
b „
Wlb' 211 lit/ l u r
y 3210 a
r.,
1 ,
r
x :,
w e= '
k:
r
b" Y wua '
y..
y
a
tr,,.
g S
ta ' ar".
s Zaarli `$'
f
v
j'+
a i k
p
g .
z
k7 „
s'
a
s .
e, ' ",,
k '
e':
i;
1 iiva
r
13NIN.12 g ' 112f0 r
w ;.,
j
v
1 G +"
p
d
x„
S y E., J' r" _
a; a
r x: t
5 y
C u1°„l.a.
Y
k.
r .,,
6. r z 8
y
o ;,. : t
q =
i tr s
Y
ww.
p,,,.
e ; t ,
s "
e
I;
t al llb' IIN E v- a ' r r m^
f OIOJ g
M Y
T
q.
4, y„
i' $ t '
g
v x
a
u / 2131tlINO ' 1
z'#
l
tt*,
k
1 a: a1 a
a "` '
y
s, , r 3
e
@ a. i,
s ^ , Y='" / E
r°, r S r`
A`
g ''
w`, FSk r A,,;„
M i
k
g e F m y
e k, {
a;
r
r
r , ' p. r y . a .' '' ``
t "'. x , .., ,,
d` .. i :
M r z, ua
w ffi.: r.
r
r.
O10 lltRl
1 1/ NYJR101 211 llb' ab31S b'
6; . 3 ,;,; E9.,
t,
s r
h '
A` r
y ` y . 6 3 +;. s
g. .' k" f f
r;
X
m .'
N t
2 8
a,.
a. 0
d t' e
g
1,',".,,
F,,, i
fiq< y' i
3. ,.
5 ,"'
h k
r
g
s
l 11Y/ . Nf10 l l
1 r , s
JN9 l
m i'
il llbal3 N3(dS T r . a.: cJ
r z '
b ,
z w
E.. o -"", a '' ,
a,,
e . m`° ,
A_ e w
r TM
ar; x„ ,'
x
a
a
a % G
q, xnl} G` r i
x
S r= b ' 9,,'
n
y r,.,. ', ., -.. fi .. ,, u.-
W lb' H 3N1 33S) 3A08t/
1091
ITEM 5. 5
CITY MANAGER' S REPORT
JULY 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: DISCUSS AND APPROVE AN OPTION AND LAND
LEASE AGREEMENT FOR THE CONSTRUCTION OF A
NEW WIRELESS COMMUNICATIONS TOWER
RECOMMENDATION: Discuss and Adopt Resolution Approving an Option and Land Lease Agreement for the Construction of a
New Wireless Communications Tower
SUMMARY:
This item requests City Council consideration to approve an Option and Land Lease Agreement (' Agreement") for a wireless communications facilities site lease with New Cingular Wireless PCS, LLC dba AT& T (' AT& T"), for the development and construction of a wireless communication tower (' Tower") on City- owned property near Christopher Way, and non- exclusive use of the Tower and ground space by AT&T.
The proposed Tower will have the ability to host additional national cellular communication providers and related public agencies in addition to AT&T, and will be able to increase and improve wireless and cellular mobile communications capacities, not only for businesses and residents within the area but also for essential emergency response, community safety, commerce, recreation, and
tourists/ commuters/ travelers that rely on consistent and reliable wireless communication all along the Interstate 5 corridor.
Staff recommends City Council consider a resolution to approve the Option and Tower Lease Agreement with AT& T.
BACKGROUND:
The City and AT&T have negotiated terms for a proposed Agreement for AT&T to develop a communications Tower on City- owned property near Christopher Way, in Lathrop. It is favorable to the City to require the Tower to be built on City- owned property so that the City may control use of the structure. Once the Tower is constructed, the City will be able to enter into lease agreements with other wireless communications providers to provide more efficient wireless communications services to the Lathrop community.
The submitted plans for the Tower include construction of an eighty- six ( 86) foot ower ( a " Monopole") with a proposed twenty ( 20) foot non- exclusive lessee access and utility easement, and the Tower will be structurally engineered to accommodate three ( 3) wireless providers. Once construction is complete, the Tower would be dedicated to the City.
Reliable and robust wireless networks are of increasing importance with the growth and use of cellular phones and data driven devices. Wireless telecommunication devices such as mobile phones, smartphones, and tablets have become an important tool for business, commerce, and public safety. AT& T use of the Tower will also be 1092
CITY MANAGER' S REPORT PAGE 2
ULY 11, 2022 CITY COUNCIL REGULAR MEETING
Discuss and Adopt Resolution Approving an Option and Land Lease Agreement for the Construction of a New Wireless Communications Tower for hosting the FirstNet Network, a First Responder Network Authority organization established by Congress after the September 11, 2001 tragedy. FirstNet is contracted with AT&T to deliver the first nationwide public safety broadband network across the country ( the " Network"). This Network prioritizes the wireless broadband connection of vital communication to first responders quickly and efficiently, allowing the public safety community to continue to protect our families and save lives.
The proposed project will have no adverse effect on abutting property and surrounding industrial development and the lease area is adequate in size to accommodate the proposed project while limited enough to allow the City to make other use of the remaining parcel.
No land use Planning entitlement is required for the proposed cell tower pursuant to Section 17. 97. 130 of the Lathrop Municipal Code. This provision exempts all wireless communications facility from a land use entitlement ( Conditional Use Permit or Site Plan Review) if the facility is proposed on City owned property pursuant to a lease agreement.
REASON FOR RECOMMENDATION:
Wireless telecommunication devices such as mobile phones, smartphones, and tablets have become an important tool for business, commerce, and public safety.
The proposed Tower would support the FirstNet public safety dedicated, nationwide broadband Network allowing priority communication to reach first responders quickly and allow additional communications providers to bring more efficient, nonemergency wireless communication capabilities to the Lathrop Community.
FISCAL IMPACT:
The proposed Agreement for the construction and operation of a new communication Tower would provide the City with a mechanism to collect funds to maintain the Tower and the Site ( the " Lease Payments"). The portion of the Lease Payments retained by the City is adequate for maintenance, and income in excess of the costs of maintenance will be available to the City for general use.
ATTACH M E NTS:
A. A Resolution Approving an Option and Land Lease Agreement with New Cingular Wireless PCS, LLC dba AT&T for the Construction and Operation of a Communications Tower on City of Lathrop Property
B. Option and Land Lease Agreement
C. Primer on the FirstNet Authority' s Congressional Mandate to Deploy a Nationwide Public Safety Broadband Network 1093
CITY MANAGER' S REPORT PAGE 3
JULY 11, 2022 CITY COUNCIL REGULAR MEETING
Discuss and Adopt Resolution Approving an Option and Land Lease Agreement for the Construction of a New Wireless Communications Tower APPROVALS:
tD '.
Ken Reed Date
Senior Construction Manager
7 v
V
on andes Date
rec r of Information Systems
1 i
Cari Jam Date
Director Financ
7 S'- z-o Z z
Salvador Navarrete Date
City Attorney
j - Cp Zo 2Z
Michael King Date
Assistant City Manager
2Z
St en J. Salvatore Date
City Manager
1094
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING AN OPTION AND LAND LEASE AGREEMENT WITH NEW
CINGULAR WIRELESS PCS, LLC DBA AT& T FOR THE CONSTRUCTION AND
OPERATION OF A COMMUNICATIONS TOWER ON CITY OF LATHROP
PROPERTY
WHEREAS, New Cingular Wireless PCS, LLC dba AT& T (" AT&T") has proposed to build a new communications tower (' Tower") in the City of Lathrop; and WHEREAS, the City desires to allow AT& T to build a new communications tower to bring more efficient wireless communication capabilities and broadband network support to first responders in the Lathrop community; and WHEREAS, the City and AT&T have negotiated an Option and Land Lease Agreement for the construction and operation and maintenance of said Tower; and WHEREAS, once the Tower is complete and accepted by the City, the City may enter into lease agreements with other wireless communications providers who may then provide more efficient wireless communication services to the Lathrop community; and
WHEREAS, a land use Planning entitlement is not required for the proposed Tower per Section 17. 97. 130 of the Lathrop Municipal Code, which exempts all wireless communications facilities from land use entitlements (Conditional Use Permit or Site Plan Review) if the facility is proposed on City owned property pursuant to a lease agreement; and
WHEREAS, the portion of the lease payments retained by the City is anticipated to be adequate for maintenance, and income in excess of the costs of maintenance will be available to the City for general use.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the proposed Option and Land Lease Agreement with New Cingular Wireless PCS, LLC dba AT& T.
1095
The foregoing resolution was passed and adopted this 11th day of July, 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Saivador Navarrete, City Attorney 1096
Attachment B
Market: Northern Califomia
Cell Site[ Vumber. CVLOl950
Cell Site Name: D' Arcy Parkway
Search Ring Name: CVL01950_ SR
Fixed Asset Number: 14737968
OPTION AND LAND LEASE AGREEMENT
THIS OPTION AND LAND LEASE AGREEMENT (" AgreemenY'), dated as of the latter of the signature dates below( the" Effective Date"), is entered into by the City of Lathrop, a California Municipal Corporation, having a mailing address of 390 Towne Center Drive, Lathrop, CA 95330 (" Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3` d
Floor, Atlanta, GA 30319 (" Tenant").
BACKGROUND
Landlord owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1, together with all rights and privileges arising in connection therewith, located at Christopher Way, in the City of Lathrop, in the County of San Joaquin, State of California [ APN 198- 130- 59] ( collectively, the Property"). Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement.
The parties agree as follows:
1. OPTION TO LEASE.
a) Landlord grants to Tenant a non- exclusive option ( the " Option") to lease a certain portion of the Property containing approximately 900 square feet including the air space above such ground space, as described on attached Exhibit 1, ( the " Premises"), for the placement of a Communication Facility in accordance with the terms of this Agreement.
b) During the Option Term, and during the Term, Tenant and its agents, engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other geological or engineering tests or studies of the Property ( collectively, the" Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant' s sole discretion for its use of the Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits ( collectively, the " Government Approvals"), initiate the ordering and/ or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary in Tenant' s sole discretion to determine the physical condition of the Property, the environmental history of the Property, Landlord' s title to the Property and the feasibility or suitability of the Property for Tenant' s Permitted Use, all at Tenant' s expense. Tenant will not be liable to Landlord or any third party on account of any pre- existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant' s inspection. Tenant will restore the Property to its condition as it existed at the commencement of the Option Term, reasonable wear and tear and loss by casualty or other causes beyond Tenant' s control excepted. c) In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum of One Thousand and No/ 100 Dollars ($ 1, 000.00) within thirty ( 30) business days after the Effective Date. The Option may be exercised during an initial term of one ( 1) year commencing on the Effective Date ( the " Initial Option Term") which term may be renewed by Tenant for an additional one 1) year ( the " Renewal Option Term") upon written notification to Landlord and the payment of an additional One Thousand and No/ 100 Dollars ($ 1, 000. 00) no later than five( 5) days prior to the expiration date of the Initial Option Term. The Initial Option Term and any Renewal Option Term are collectively referred to as the " Option Term."
d) The Option may be sold, assigned or transferred at any time by Tenant without the written consent of Landlord. Upon notification to Land( ord of such sale, assignment or transfer, Tenant shall 1097
immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action.
e) During the Option Term, Tenant may exercise the Option by notifying Landlord in writing.
If Tenant exercises the Option, then Landlord leases the Premises to Tenant subject to the terms and conditions of this Agreement. If Tenant does not exercise the Option during the Initial Option Term or any extension thereof, then this Agreement will terminate, and the parties will have no further liability to each other.
If during the Option Term, or during the Term if the Option is exercised, Landlord decides to subdivide, sell, or change the status of the zoning of the Premises, the Property or any of Landlord' s contiguous, adjoining or surrounding property ( the " Surrounding Property"), or in the event of a threatened foreclosure on any of the foregoing, Landlord shall immediately notify Tenant in writing.
Landlord agrees that during the Option Term, or during the Term if the Option is exercised, Landlord shall not initiate or consent to any change in the zoning of the Premises, the Property or the Surrounding Property or impose or consent to any other use or restriction that would prevent or limit Tenant from using the Premises for the Permitted Use. Any and all terms and conditions of this Agreement that by their sense and context are intended to be applicable during the Option Term shall be so applicable.
2. PERMITTED USE.
a) Tenant may use the designated portions of the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of communications fixtures and related equipment, cables, accessories and improvements, which may include a suitable support structure (" Structure"), associated antennas, I beams, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises ( collectively, the " Communication Facility" or " Communication Facilities"), as well as the right to test, survey and review title on the Property; Tenant further has the right but not the obligation to add, modify and/ or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at Tenant' s sole cost but with no additional fee charged by Landlord ( collectively, the " Permitted Use").
Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant' s Permitted Use but Tenant shall not interfere with the City' s use or the use by other Tenants of the City of the portions of the Communication Facility not exclusively reserved for Tenant herein. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Landlord' s execution of this Agreement will signify Landlord' s approval of Exhibit 1. For a period of ninety ( 90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of the Landlord' s Surrounding Property as described in Exhibit 1 as may reasonably be required during construction and installation of the Communication Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property' s main entry point to the equipment shelter or cabinet, and to make other improvements, alterations, upgrades or additions appropriate for Tenant' s Permitted Use, including the right to construct a fence around the Premises, install warning signs to make individuals aware of risks, install protective barriers, install any other control measures reasonably required by Tenant' s safety procedures or applicable law, and undertake any other appropriate means to secure the Premises at Tenant' s expense. Tenant has the right to install, modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the Term of this Agreement so long as that does not interfere with the City' s use of the Premises and does not interfere with the use of the Premises by any other Tenant of the Premises pursuant to separate lease with the Landlord. Tenant will be allowed to make such alterations to the Property in order to ensure that Tenant' s Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property ( the " Additional Premises") for such modification or upgrade, Landlord shall comply with all Federal and State laws and agrees to negotiate a reasonable 1098
amended compensation structure to this Agreement in a timely manner, and will not unreasonably withhold approval.
b) Tenant shall construct an eighty- six foot ( 86') monopole pursuant to Exhibit 1 (" Tower") on the Property and upon completion, Tenant will transfer ownership of the Tower to Landlord with an invoice of the actual costs of such construction (" Invoice Amount," as further defined below). The transfer will occur upon completion of all of the following: 1.) Tenant' s notice to Landlord confirming that it has completed the construction of the Tower pursuant to approved City specifications and invoice detailing actual costs incurred by Tenant and sought as a credit toward Rent, 2.) Tenant providing written lien releases confirming that all lien holders and subcontractors have been paid in full by Tenant, 3.) Tenant providing one year maintenance bond, and 3.) Landlord' s inspection of facilities and acceptance of facilities by City Council for the City of Lathrop. In exchange for Tenant' s construction of the Tower and transfer of ownership of the Tower to Landlord, the Rent ( as hereinafter defined) will abate during the Term as set forth below in Section 4 and shall cover the full amount of the Invoice Amount.
3. TERM.
a) The initial lease term will be five ( 5) years ( the " Initial Term"), commencing on the effective date of written notification by Tenant to Landlord of Tenant' s exercise of the Option ( the " Term Commencement Date"). The Initial Term will terminate on the fifth ( Sth) anniversary of the Term Commencement Date.
b) This Agreement will automatically renew for five( 5) additional five( 5) year term( s) ( each additional five( 5) year term shall be defined as an" Extension Term"), upon the same terms and conditions set forth herein unless Tenant notifies Landlord in writing of Tenant' s intention not to renew this Agreement at least sixty ( 60) days prior to the expiration of the Initial Term or the then- existing Extension Term. c) Unless ( i) Landlord ar Tenant notifies the other in writing of its intention to terminate this Agreement at least six ( 6) months prior to the expiration of the final Extension Term, or( ii) the Agreement is terminated as otherwise permitted by this Agreement priar to the end of the final Extension Term, this Agreement shall continue in farce upon the same covenants, terms and conditions for a further term of one 1) year, and for annual terms thereafter(" Annual Term") until terminated by either party hereto by giving to the other party hereto written notice of its intention to so terminate at least six( 6) months prior to the end of any such Annual Term. Monthly rent during such Annual Terms shall be equal to the Rent paid for the last month of the final Extension Term. If Tenant remains in possession of the Premises after the termination of this Agreement, then Tenant will be deemed to be occupying the Premises on a month- tomonth basis ( the" Holdover Term"), subject to the terms and conditions of this Agreement. d) The Initial Term, any Extension Terms, any Annual Terms and any Holdover Term are collectively referred to as the " Term."
4. RENT.
a) Commencing on the first day of the month following the date that Tenant commences construction ( the " Rent Commencement Date"), Tenant will pay Landlord on or before the fifth( 5`'') day of each calendar month in advance, Two Thousand Two Hundred Fifty-Five and No/ 100 Dollars 2, 255. 00) ( the " Rent"), at the address set forth above. In any partial month occurring after the Rent Commencement Date, the Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within ninety( 90) days after the Rent Commencement Date. Every 12 months, Rent will increase by two and a half percent( 2. 5%) over the Rent paid during the previous year. b) Each year of each Extension Term, the monthly Rent will increase by two and a half percent
2. 5%) over the Rent paid during the previous year.
c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one ( 1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement.
1099
d) Landlord shall allow Tenant to install its antennas and ancillary equipment on the Tower throughout the Term, including Renewal Terms, of this Lease in accordance with Section 2 of this Agreement. Landlord shall be responsible for the maintenance and repair of the Tower, except for damage caused by Tenant. Tenant shall have no obligation to construct the Tower until Tenant has received zoning approval to install its antennas on the Tower. In consideration for conveyance of the Tower to Landlord, Tenant shall be entitled to rent abatement in an amount equal to one hundred percent ( 100%) of Tenant' s total cost to design and construct the Tower. Such cost shall include: the design of the Tower; the Tower itself and the Tower foundation; the installation of the Tower on the Premises; soils work; and a Five Thousand and No/ 100 Dollar ($ 5, 000. 00) construction management fee ( collectively " Design and Construction Costs") and seventy- five percent ( 75°Io) of Tenant' s cost to install shared utilities, the aggregate of which shall not exceed the sum of One Hundred Sixty Thousand and No/ 100 Dollars 160,000.00), collectively the " Invoice Amount".
e) All of Tenant' s construction and installation work at the Premises shall be performed at the Tenant' s sole cost and expense and in a good and workmanlike manner. Tenant shall not be required to make any repairs to the Premises except for the damages to the Premises directly caused by Tenant, its employees, agents, contractors or subcontractors. Upon the expiration, cancellation or termination of this Agreement, Tenant shall surrender the Premises in accordance with the removal provisions set forth in Section 13 of this Agreement.
In the event this Agreement is terminated prior to full payment of the Invoice Amount, the remaining balance of the Invoice Amount shall immediately become due and owing from the Landlord to the Tenant, and Landlord shall pay such remaining balance to Tenant within forty-five( 45) days after such termination.
5. APPROVALS.
a) Landlord agrees that Tenant' s ability to use the Premises is contingent upon the suitability of the Premises and Property for the Permitted Use and Tenant' s ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for the Permitted Use and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. c) Tenant may also perform and obtain, at Tenant' s sole cost and expense, soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant' s use of the Premises will be compatible with Tenant' s engineering specifications, system, design, operations or Government Approvals.
6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows:
a) by either party on thirty ( 30) days prior written notice, if the other party remains in default under Section 5 of this Agreement after the applicable cure periods; b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain, or maintain, any required approval( s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines, in its sole discretion that the cost of or delay in obtaining or retaining the same is commercially unreasonable;
c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses;
d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or
e) by Tenant upon sixty ( 60) days' prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three ( 3) months' Rent, at the then1100 current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section of this Agreement, including the following: Section 5 Approvals, Section 6( a) Termination, Section 6( b) Termination, Section 6( c) Termination, Section 6( d) Termination, Section 11( d) Environmental, Section 18 Condemnation ar Section 19 Casualty.
7. INSURANCE. During the Option Term and throughout the Term, Tenant will purchase and maintain in full force and effect such general liability policy as Tenant may deem necessary. Said policy of general liability insurance will at a minimum provide a combined single limit of One Million and No/ 100 Dollars ($ 1, 000, 000. 00). Notwithstanding the foregoing, Tenant shall have the right to self-insure such general liability coverage.
8. INTERFERENCE.
a) Prior to or concurrent with the execution of this Agreement, Landlord has provided or will provide Tenant with a list of radio frequency user( s) and frequencies used on the Property as of the Effective Date. Tenant warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as the existing radio frequency user( s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. b) Landlord will not grant, after the Effective Date, a lease, license or any other right to any third party, if the exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
c) Landlord will not, nor will Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to interfere in any way with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty- four ( 24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference ( except for intermittent testing to determine the cause of such interference) until the interference has been corrected. d) For the purposes of this Agreement, " interference" may include, but is not limited to, any use on the Property or Surrounding Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility.
9. INDEMNIFICATION.
a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability , costs or expenses in connection with a third party claim ( including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant' s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, invitees, agents or independent contractors.
b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage ar liability, costs or expenses in connection with a third party claim ( including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord, its employees, invitees, agents or independent contractors, or Landlord' s breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors.
c) The indemnified party: ( i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section 9 and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; ( ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and( iii) shall fully 1101
cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except ( 1) to the extent the indemnifying party can show it was prejudiced by the delay; and ( 2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given.
10. WARRANTIES.
a) Each of Tenant and Landlord ( to the extent not a natural person) each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power, and authority or capacity, as applicable, to enter into this Agreement and bind itself hereto through the party or individual set forth as signatory for the party below.
b) Landlord represents, warrants and agrees that: ( i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license; ( ii) the Property is not and will not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or any other agreements of record or not of record, which would adversely affect Tenant' s Permitted Use and enjoyment of the Premises under this Agreement; ( iii) then Landlord grants to Tenant sole, actuai, quiet and peaceful use, enjoyment and possession of the Premises in accordance with the terms of this Agreement without hindrance or ejection by any persons lawfully claiming under Landlord; ( iv) Landlord' s execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and( v) ifthe Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, then Landlord will provide promptly to Tenant a mutually agreeable subordination, non- disturbance and attornment agreement executed by Landlord and the holder of such security interest.
11. ENVIRONMENTAL.
a) Landlord represents and warrants, except as may be identified in Exhibit 11 attached to this Agreement, ( i) the Property, as of the Effective Date, is free of hazardous substances, including asbestos- containing materials and lead paint, and ( ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation.
Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party' s activity conducted in or on the Property.
b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume ail duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding(" Claims"), to the extent arising from that party' s breach of its obligations or representations under Section ll( a). Landlord agrees to hold harmless and indemnify Tenant from, and to assume al] duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the Effective Date or from such contamination caused by the acts or omissions of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Tenant. c) The indemnification provisions contained in this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any cleanup, remediation, removal or restoration wark required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Agreement. d) In the event Tenant becomes aware of any hazardous materials on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Tenant' s sole 1102
determination, renders the condition of the Premises or Property unsuitable for Tenant' s use, ar if Tenant believes that the leasing ar continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or other third party, then Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord.
12. ACCESS. At all times throughout the Term of this Agreement, Tenant and its employees, agents, and subcontractors, will have twenty- four ( 24) hour per day, seven ( 7) day per week pedestrian and vehicular access (" Access") to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be described more fully in Exhibit 1, Landlord grants to Tenant an easement for such Access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such Access to Tenant. Upon Tenant' s request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant Access to the Property substantially in the form attached as Exhibit 12; upon Tenant' s request, Landlord shall execute additional letters during the Term. If Tenant elects to utilize an Unmanned Aircraft System (" UAS") in connection with its installation, construction, monitoring, site audits, inspections, maintenance, repair, modification, or alteration activities at a Property, Landlord hereby grants Tenant, or any UAS operator acting on Tenant' s behalf, express permission to fly over the applicable Property and Premises, and consents to the use of audio and video navigation and recording in connection with the use of the UAS. Landlord acknowledges that in the event Tenant cannot obtain Access to the Premises, Tenant shall incur significant damage. If Landlord fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such default, in addition to any other rights or remedies available to Tenant under this Agreement or at law or equity, Landlord shall pay Tenant, as liquidated damages and not as a penalty, Fifty and No/ 100 Dollars($ 50) per day in consideration of Tenant' s damages until Landlord cures such default. Landlord and Tenant agree that Tenant' s damages in the event of a denial of Access are difficult, if not impossible, to ascertain, and the liquidated damages set forth above are a reasonable approximation of such damages.
13. REMOVAL/ RESTORATION. All communications equipment except for those items dedicated by Tenant to Landlord pursuant to Section 2 above brought onto the Property by Tenant will be and remain Tenant' s personal property and, at Tenant' s option, may be removed by Tenant at any time during or after the Term. Tenant covenants and agrees that the Communication Facility constructed, erected or placed on the Premises by Tenant and included in invoice to City pursuant to Section 2 above will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Tenant that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Landlord and may not be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant' s removal of personal equipment. Any personal property that Tenant does not remove within one hundred twenty( 120) days after the later of the end of the Term and cessation of Tenant' s operations at the Premises shall be deemed abandoned by Tenant and owned by Landlord. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation. The parties agree that the removal obligations set forth in this Section 13 shall not apply to the Tower as ownership will have transferred to Landlord in accordance with the terms of this Agreement.
14. MAINTENANCE/ UTILITIES.
a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, the Tower, and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit. Landlord shall maintain the Tower' s structural integrity at all times( which shall mean that at no time will Landlord allow the Tower' s condition to become, 1103
or remain, overstressed under the applicable structural standards set forth in the then- current version of the ANSI TIA- 222). Landlord shall at all times during the Term of this Agreement reserve and have ready for Tenant' s immediate use sufficient structural loading capacity on the Tower to support Tenant' s installation of up to thirty-five thousand square inches ( 35, 000 sq. in.) of Wind Load Surface Area, in the aggregate, of Communication Facilities anywhere on the Tower ( the " Allowed Wind Load Surface Area"). " Wind Load Surface Area" means the Flat Plate Equivalent Area, as defined in ANSI TIA standards, of any appurtenance ( excluding all mounts, platforms, cables and other non- operating equipment) at ninety degrees( 90°) perpendicular to wind direction, possessing the characteristics of flat material, with associated drag factors. Landlord shall be responsible for the costs of all structural modifications to the Tower, including the costs of related Government Approvals or other approvals, to support the Allowed Wind Load Surface Area. In the event that Tenant has used the Allowed Wind Load Surface Area and an installation of Communication Facilities will require structural modifications to comply with the structural standards, Tenant will pay Landlord for the portion of the structural modifications that is necessary to support Tenant' s loading in excess of the Allowed Wind Load Surface Area. In no event shall Tenant be responsible for Tower modification costs to suppart the installations of other tenants or for the Tower to comply with applicable law so long as Tenant' s installation is within the Allowed Wind Load Surface Area. b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service ar any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to sub- meter from Landlord. When sub- metering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Tenant shall reimburse Landlord for such utility usage at the same rate charged to Landlord by the utility service provider. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/ or agent designated by Tenant. Tenant will remit payment within sixty ( 60) days of receipt of the usage data and required forms. Landlord shall maintain accurate and detailed records of all utility expenses, invoices and payments applicable to Tenant' s reimbursement obligations hereunder. Within fifteen ( 15) days after a request from Tenant, Landlord shall provide copies of such utiliry billing records to the Tenant in the form of copies of invoices, contracts and cancelled checks.
If the utility billing records reflect an overpayment by Tenant, Tenant shall have the right to deduct the amount of such overpayment from any monies due to Landlord from Tenant. c) As noted in Section 4( c) above, any utility fee recovery by Landlord is limited to a twelve 12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty- four ( 24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty- four( 24) hours per day, seven( 7) days per week. If the interruption is far an extended period of time, in Tenant' s reasonable determination, Landlord agrees to allow Tenant the right to bring in a
temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied by Landlord.
d) Tenant will have the right to install utilities, at Tenant' s expense, and to improve present utilities on the Property and the Premises. Landlord hereby grants to any service company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such service companies may from time to time require in order to provide such services to the Premises. Upon Tenant' s or service company' s request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company.
15. DEFAULT AND RIGHT TO CURE.
a) The following will be deemed a default by Tenant and a breach ofthis Agreement: ( i) nonpayment of Rent if such Rent remains unpaid for more than thirty ( 30) days after written notice from 1104
Landlord of such failure to pay; or ( ii) Tenant' s failure to perform any other term or condition under this Agreement within forty- five ( 45) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, then Landlord will have the right to exercise any and all rights and remedies available to it under law and equity.
b) The following will be deemed a default by Landlord and a breach of this Agreement: ( i) Landlord' s failure to provide Access to the Premises as required by Section 12 within twenty- four ( 24) hours after written notice of such failure; ( ii) Landlord' s failure to cure an interference problem as required by Section 8 within twenty- four( 24) hours after written notice of such failure; or( iii) Landlord' s failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty-five 45) days after written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: ( i) the right to cure Landlord' s default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and( ii) any and all other rights available to it under law and equity.
16. ASSIGNMENT/ SUBLEASE. Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part, without Landlord' s consent. Upon notification to Landlord of such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment.
17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties hereto as follows:
If to Tenant: New Cingular Wireless PCS, LLC
Attn: Tower Asset Group- Lease Administration
Re: Cell Site#: CVL01950; Cell Site Name: D' Arcy Parkway ( CA) Fixed Asset#: 14737968
1025 Lenox Park Blvd NE
3 d Floor
Atlanta, Georgia 30319
With a
copy to: New Cingular Wireless PCS, LLC
Atm.: Legal Dept— Network Operations
Re: Cell Site#: CVL01950; Cell Site Name: D' Arcy Parkway ( CA) Fixed Asset#: 14737968
208 S. Akard Street
Dallas, TX 75202- 4206
The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice.
If to Landlord: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
1105
Either party hereto may change the place for the giving of notice to it by thirty ( 30) days' prior written notice to the other party hereto as provided herein.
18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within twenty-four ( 24) hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant' s sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a pro rata basis.
19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within twenty-four ( 24) hours of the casualty or other harm. If any part of the Communication Facility or the Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant' s sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a pro rata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/ or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property until the reconstruction of the Premises and/ or the Communication Facility is completed. If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant and Tenant decides not to terminate under this Section 19, then Landlord will promptiy rebuild or restore any portion of the Property interfering with or required for Tenant' s Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/ or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property.
20. WAIVER OF LANDLORD' S LIENS. Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant' s right to remove all or any portion of the Communication Facility from time to time in Tenant' s sole discretion and without Landlord' s consent.
21. TAXES.
a) Landlord shall be responsible for ( i) all taxes and assessments levied upon the lands, improvements and other property of Landlord including any such taxes that may be calculated by a taxing authority using any method, including the income method, ( ii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with this Agreement, and ( iii) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with a sale of the Property or assignment of Rent payments by Landlord. Tenant shall be responsible for( y) any taxes and assessments attributable to and levied upon Tenant' s leasehold improvements on the Premises if and as set forth in this Section 21 and ( z) all sales, use, license, value added, documentary, stamp, gross receipts, registration, real estate transfer, conveyance, excise, recording, and other similar taxes and fees imposed in connection with an 1106
assignment of this Agreement or sublease by Tenant. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord. b) In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Tenant' s leasehold improvements on the Premises, Landlord shall provide Tenant with copies of each such notice immediately upon receipt, but in no event later than thirty ( 30) days after the date of such notice of assessment. If Landlord does not provide such notice or notices to Tenant in a timely manner and Tenant' s rights with respect to such taxes are prejudiced by the delay, Landlord shall reimburse Tenant for any increased costs directly resulting from the delay and Landlord shall be responsible for payment of the tax or assessment set forth in the notice, and Landlord shall not have the right to reimbursement of such amount from Tenant. If Landlord provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth below, then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Tenant' s leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no later than thirty ( 30) days after Landlord' s payment of the taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Tenant any other documentation reasonably requested by Tenant to allow Tenant to evaluate the payment and to reimburse Landlord.
c) For any tax amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as permitted by law. This right shall include the ability to institute any legal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant' s action shall belong to Tenant, to the extent the amounts were originally paid by Tenant. In the event Tenant notifies Landlord by the due date for assessment of Tenant' s intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest, unless required by applicable law. d) Landlord shall not split or cause the tax parcel on which the Premises are located to be split, bifurcated, separated or divided without the prior written consent of Tenant. e) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 21( e) due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant as provided in Section 15( b), provided that Tenant may exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15( b).
f) Any tax-related notices shall be sent to Tenant in the manner set forth in Section 17. In the event that Tenant' s tax address changes by notice to Landlord, Landlord shall be required to provide Tenant' s new tax address to the taxing authority or authorities. g) Notwithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party.
22. SALE OF PROPERTY.
a) Landlord may sell the Property or a portion thereof to a third party, provided: ( i) the sale is made subject to the terms of this Agreement; and ( ii) if the sale does not include the assignment of Landlord' s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Tenant or any subtenant, any obligation of Landlord under this Agreement, including Landlord' s obligation to cooperate with Tenant as provided hereunder. b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or the 1107
Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant' s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten ( 10) days of such transfer, Landlord or its successor shall send the documents listed below in this Section 22( b) to Tenant. Until Tenant receives all such documents, Tenant' s failure to make payments under this Agreement shall not be an event of default and Tenant reserves the right to hold payments due under this Agreement. i. Old deed to Property
ii. New deed to Property
iii. Bill of Sale or Transfer
iv. Copy of current Tax Bill
v. New IRS Form W- 9
vi. Completed and Signed Tenant Payment Direction Form
vii. Full contact information for new Landlord including phone number( s) c) Landlord agrees not to sell, lease or use any areas of the Property or the Surrounding Property for the installation, operation or maintenance of other wireless communication facilities if such installation, operation or maintenance would interfere with Tenant' s Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant and confirmed by Landlord or any other tenant of Landlord. Ifthe radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant and in excess of industry accepted level of interference, Landlord shall require that prospective tenants or buyers of the Tower, Property or the Surrounding Property modify their proposed installation, operation or maintenance of any other wireless communication facility or equipment to reduce reasonably expected level of interference to a level equal to or below industry accepted level of interference. d) The provisions of this Section 22 shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations.
23. RIGHT OF FIRST REFUSAL. Notwithstanding the provisions contained in Section 22, if at any time after the Effective Date, Landlord receives and considers proposing for City Councii acceptance a bona fide written offer from a third party seeking any sale, conveyance, assignment or transfer, whether in whole or in part, of any property interest in or related to the Premises, including without limitation any offer seeking an assignment or transfer of the Rent payments associated with this Agreement or an offer to purchase an easement with respect to the Premises (" Offer"), Landlord shall immediately furnish Tenant with a copy of the Offer. Tenant shall have the right within ninety ( 90) days after it receives such copy to match the financial terms of the Offer and agree in writing to match such terms of the Offer. Such writing shall be in the form of a contract substantially similar to the Offer but Tenant may assign its rights to a third party. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the ninety ( 90) day period, Landlord may sell, convey, assign or transfer such property interest in or related to the Premises pursuant to the Offer, subject to the terms of this Agreement If Landlord attempts to sell, convey, assign or transfer such property interest in or related to the Premises without complying with this Section 23, the sale, conveyance, assignment or transfer shall be void. Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement until Landlord complies with this Section 23. Tenant' s failure to exercise the right of first refusal shall not be deemed a waiver of the rights contained in this Section 23 with respect to any future proposed conveyances as described herein.
24. MISCELLANEOUS.
a) Amendment/ Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter.
1108
b) Memorandum of Lease. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum of Lease substantially in the form attached as Exhibit 24(b).
Either party may record this Memorandum of Lease at any time during the Term, in its absolute discretion.
Thereafter during the Term, either party will, at any time upon fifteen ( 15) business days' prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease. c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused, based on any theory of liability. d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations (" Laws") applicable to Tenant' s use of the Communication Facility on the Property. Landlord agrees to comply with all Laws relating to Landlord' s ownership and use of the Property and any improvements on the Property.
e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. Except as otherwise stated in this Agreement, each party shall bear its own fees and expenses ( including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates. g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises are located, without regard to conflicts of law. h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: ( i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term" including" will be interpreted to mean including but not limited to"; ( iii) whenever a party' s consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; ( iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; ( v) use of the terms " termination" or " expiration" are interchangeable; vi) reference to a default will take into consideration any applicable notice, grace and cure periods; ( vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; ( viii) the singular use of words includes the plural where appropriate; and ( ix) if any provision of this Agreement is held invalid, illegal or unenfarceable, the remaining provisions of this Agreement shall remain in full force ifthe overall purpose ofthe Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired.
i) Affiliates. All references to " Tenant" shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. " Affiliate" means with respect to a party to this Agreement, any person or entity that ( directly or indirectly) controls, is controlled by, or under common control with, that party. " Control" of a person or entity means the power( directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise.
j) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive.
k) W-9/FTB 590. As a condition precedent to payment, Landlard agrees to provide Tenant with both a completed IRS Form W- 9 and CA FTB Form 590, or their respective equivalents, upon 1109
execution of this Agreement and at such other times as may be reasonably requested by Tenant, including any change in Landlord' s name or address. A copy of the IRS Form 1- 9 and CA FTB Form 590 in their current forms are attached hereto as Exhibit 24( k).
1) Execution/ No Option. The submission of this Agreement to any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two( 2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart.
m) Attorneys' Fees. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including reasonable attorneys' fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Tenant and their respective Affiliates to recover their fees and expenses.
n) WAIVER OF JURY TRIAL. EACH PARTY, TO THE EXTENT PERMITTED BY
LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WANES ITS RIGHT TO A TRIAL
BY JURY IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES.
o) No Additional Fees/ Incidental Fees. Unless otherwise specified in this Agreement, all rights and obligations set forth in the Agreement shall be provided by Landlord and/ or Tenant, as the case may be, at no additional cost. No unilateral fees or additional costs or expenses are to be applied by either party to the other party, for any task or service including, but not limited to, review of plans, structural analyses, consents, provision of documents or other communications between the parties. p) Further Acts. Upon request, Landlord will cause to be promptly and duly taken, executed, acknowledged and delivered all such further acts, documents, and assurances as Tenant may request from time to time in order to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all transactions and permitted use contemplated by this Agreement.
SIGNATURES APPEAR ON NEXT PAGE]
1110
IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the Effective Date.
LANDLORD"
City of Lathrop
A California Municipal Corporation
By:
Name: Stephen J. Salvatore
Its: City Manager
Date:
APPROVED AS TO FORM BY THE CITY
OF LATHROP CITY A TORNEY:
By:
Name: Salvador Navarrete
Its: City Attorney
Date: Z- / ` Z
TENANT"
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT& T Mobility Corporation
Its: Manager
By:
Print Name: Courtney Perillo
Its:
Date:
ACKNOWLEDGMENTS APPEAR ON NEXT TWO PAGES]
1111
EXHIBIT 1
DESCRIPTION OF PROPERTY AND PREMISES
Page of
to the Option and Land Lease Agreement dated 20 , by and between the City of Lathrop, a California municipal corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant.
The Property is legally described as follows:
REAL PRC} ERTY, SITUATE! N THE C1TY OF LATHROP, COUNTY OF SAN JOAt UIN, STATE OF CALIFC} RIVIA, BEING A PORTlON F PAFtCEL 2 AS SAID PARGEL IS SHOiPalN AND SO DESIGNATED ON THE PARCEL MAP ftECORDED FEBRUAl Y 20, 199Q, IN Bfl4K i6 dF PAFtCEL MAPS, AT RRGE 184, IIV THE C? FICE C? F THE CC? UNTY RECORDER flF SAN J AQUIN COItNTY, SAID PC} RTION BEIFJG aESIGNAT D PARCEL" A„ AN P110RE PRRTICULARLY DESCR[ BED AS Fl"3LLUVu' S:
BEGIlVNING AT THE MC) ST WEST RLY CORNER OF SAib PARC L 2( 16 Pl+t 184); THEl+CE, FROPa! SAlD POiNT OF B GINNING, AI.ONG THE SOUTHWESTERLY LlNE OF SAlD PARCEL 2, SC9UTH 26 27` 30' EAST 392. b7 FEET;
TNEIVCE, LEAV NG SAID SQUTFiWESTERIY LINE, NORTH 67° S3" 59" EAST ' f, 19d. 97 FEET TO THE NORTHEASTERLY LtNE C3f SA.fD PARCEL 2;
THENGE, AI.QNG SAID IJORTHEASTERLY L1NE, N RTH 26" 2T 30" WEST 2 i7.6? FEE7 TO THE MOST NORTFiERLY CORPVER THEREOF;
THENCE, EAVING SAlf3 NORTHEASTERLY LIIVE, ALQNG THE NORTHVI ES' fEFtLY LINE C1F SAIQ PARCEL 2, S 71lTN 63 32' 3D" WEST 1, 188.48 FEET TQ THE POINT C} F B GINNtNG.
APhI: 1 8- 130- 59
The Premises are described and/ or depicted as follows:
1112
EXHIBIT 11
ENVIRONMENTAL DISCLOSURE
Landlord represents and warrants that the Property, as of the Effective Date, is free of hazardous substances except as follows:
1. None
1113
EXHIBIT 12
STANDARD ACCESS LETTER
FOLLOWS ON NEXT PAGE]
1114
This Letter Goes On Landlord' s Letterhead}
Insert Date]
Building Staff/ Security Staff
Landlord, Lessee, Licensee]
Street Address]
City, State, Zip]
Re: Authorized Access granted to [
Dear Building and Security Staff,
Please be advised that we have signed a lease with [ permitting [ to install, operate and maintain telecommunications equipment at the property. The terms of the lease grant [ J and its representatives, employees, agents and subcontractors(" representatives") 24 hour per day, 7 day per week access to the leased area.
To avoid impact on telephone service during the day, [ representatives may be seeking access to the property outside of normal business hours. [ representatives have been instructed to keep noise levels at a minimum during their visit.
Please grant the bearer of a copy of this letter access to the property and to leased area. Thank you for your assistance.
Landlord Signature
1115
EXHIBIT 24( b)
MEMORANDUM OF LEASE
FOLLOWS ON NEXT PAGE]
1116
Recording Requested By
When Recorded Return To:
New Cingular Wireless PCS, LLC
Atm: Tower Asset Group- Lease Administration
1025 Lenox Park Blvd NE, 3 d Floor
Atlanta, GA 30319
APN: 198- 130- 59
Space Above This Line For Recorder' s Use Only)
Cell Site No.: CVL01950
Search Ring Name: CVL01950_ SR
Cell Site Name: D' Arcy Parkway
Fixed Asset No.: 14737968
State: California
County: San Joaquin
MEMORANDUM
OF
LEASE
This Memorandum of Lease is entered into on this day of 20 , by and between the City of Lathrop, a California municipal corporation, having its principal office/residing at 390 Towne Center Drive, Lathrop, CA 95330 ( hereinafter called " Landlord"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3` d Floor, Atlanta, GA 30319 Tenant").
1. Landlord and Tenant entered into a certain unrecorded Option and Land Lease Agreement AgreemenY') on the day of 20 , for the purpose of installing, operating and maintaining a communication facility and other improvements. All of the foregoing is set forth in the Agreement.
2. The initial lease term will be five (5) years commencing on the effective date of written notification by Tenant to Landlord of Tenant' s exercise of the Option, with five ( 5) successive automatic five ( 5) year options to renew.
3. The portion of the land being leased to Tenant and associated easements are described in Exhibit 1 annexed hereto.
4. The Agreement gives Tenant a right of first refusal in the event Landlord receives a bona fide written offer from a third party seeking any sale, conveyance, assignment or transfer, whether in whole or in part, of any property interest in or related to the Premises, including without limitation any offer seeking an assignment or transfer of the Rent payments associated with the Agreement or an offer to purchase an easement with respect to the Premises.
5. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. 1117
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written.
LANDLORD: TENANT:
The City of Lathrop, a New Cingular Wireless PCS, LLC,
California municipal corporation a Delaware limited liability company By: AT& T Mobility Corporation
By: Its: Manager
Name: Stephen J. Salvatore
By:
Its: City Manager
Print Name: Michael Guibord
Date:
Its:
Date:
APPROVED AS TO FORM BY THE
CITY OF LATHROP CITY ATTORNEY:
By:
Name: Salvador Navarrete
Its: City Attorney
Date:
ACKNOWLEDGMENTS APPEAR ON NEXT TWO PAGES]
1118
LANDLORD ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On before me,
insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/ her/their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Seal)
1119
TENANT ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On before me,
insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/their authorized capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature Seal)
1120
EXHIBIT 1 TO MEMORANDUM OF LEASE
DESCRIPTION OF PROPERTY AND PREMISES
Page of
to the Memorandum of Lease dated 20 , by and between the City of Lathrop, a California municipal corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant.
The Property is legally described as follows:
REAL PROPERTY, SITUATE! N TNE C1TY C F LATHRQP, CCIUNTY OF SAN JGAQUkN, STATE OF CALIF Rt IA, B ING A PORTION OF PARCEL 2 AS SAID PARCEL IS SH( 7WN AN SO DESIGNATED ON THE PARCEL @V1AP REGUFtDED FEBRUAf Y 20, 1990, IN BOOt 16 C? F PARCEL MAPS, AT PAGE 184, lN THE OFFICE t?F THE COUNTY RECC RDER OF SAN JOAQUIN COUNTY, SAID P'CIRTIC} N 6EING DESIGEVATE FARCEL A" AMt7 MflRE PAFtTICULARLY ESCRIBED AS fdLLC?1NS:
BEGINNING AT THE MOST fESTER Y CORNER OF SAiD PARCEL 2 16 RM 184); THENCE, FROM SAlD PCJINT OF BEGINNING, ALONG THE SOUTHWESTERLY LINE O SAI PARCEL 2, SOUTH 26 2?` 34" EAST 392. 07 FEET;
THEh10E, LEAVING SAlD SOUTHWESTERI. Y LIhIE, NORTH 57 33" 59" EAST 1, t94. 97 FEET 70 THE NORTHEASTERLY LiNE f?F SAID PARCEL 2;
THENCE, ALONG SAID Nt) f2THEAST RLY LiNE, NC7RTH 26° 27'° 30"' ylU ST 267. fi7 FEET 7l3 TNE M() ST NC) RTHERi. Y CDRNER THEREQF;
THENCE, IEAViNG SACD NORTHERSTERLY LINE, ALONG THE NORTHINESTERLY UNE flF SAID PARCEL 2, SdUTN 63° 32` 3Q" WEST 1, 188. 48 FEET TQ THE POtNT OF BEGINt tNG.
APN. 198- 130- 59
The Premises are described and/ or depicted as follows:
1121
EXHIBIT 24( k)
IRS FORM W- 9 & CA FTB FORM 590
IRS FORM W- 9 ( REVISED OCTOBER 2018) & 2019 CA FTB FORM 590 APPEAR ON FOLLOWING TWO ( 2) PAGES]
1122
Fam
Request for Taxpayer Give Form to the
eY. o t o, g, ldentification Number and Cer#ification requester. Do not Department ot the Treasury send to the IRS.
lntema! Revenue Service Go io www.irs.gtrvlFormW9 for instructions and the latest information. 1 Name{ as shown o your income tau retian. Name is req red on this ne: do rtot eave this Iine biank. 2 Business nameJd sregarded entity name, i4 different from above 3 Check appr riate box fa tederat ta c classlticatbn of the foi awin seven boxes.
Pe' n whose name is entered on line. Check onfy one ot the 4 Eacemptions tcaies appiy only to 9 ceRain entities, not indivfduats: see
in5t ucti0ns on page 3):
p Individuat soEe propr etor or C Carpaatiosa S C paatEon Partr rship TrusVestate a o
ir gie-member LLC Fxempt payee code( rt anyy
Umited liabiiity company. Enter the ta t cWssifieation, C= C carporation, S_ S corporat on, P_ Partnership} r o` Note: Cheek the appropriate trox in the 4ine above for tAe ta c c(assification ot the smgle- membet awne, L o not check Exemption hom FATCA repatin LLC if the LLC is ciass6fied as a single- member LLC that is disregarde0 from the awner unless the owner ot ihe LLC is , f any} another lLC that is not 6isregarded hom tt awner ta U.S. tedesal ta c purposes. ss Otherw e, a sirnye- merrrber LLC that a is disregarded irom the owner shoutrf check the appropriate bax fa trte tax Gassification ot its owner. y
OtR2f( 528 If1SGUCfKfttS) y ecs! o acawnrs m+ razrw ursue xa u.s.
S Adtlress tnumDer, sVeet, and apt. a suRa no.) See instructians. Requester' s name and idress toptbnaf} 6 Ctty, state. and ZIP Code
7 tist accou t number{s>here{ optianai)
Taxpayer ldentificatian Number IN)
Enter your TIN in the appropriate box. The TIN provided must match the name give on line 1 to avoid a secuHty number backup withholding. For individuais, this is generaily you+ socia! security number( SSN). Howevef, for a _ m _ resident atien, sole proprietor, or disregarded entity, see the instructrans for Part i, later. For other entities, it is yaur empioyer identificatioer number{ EIN}. if you do not have a number, see How to gei a TUV, later.
or
Note: If the account is in more than one name, see 4he instructions for line t. A(so see What Name and P oyer idenUfication number Namber To Grve ihe Requester for guidelines on whose number to entar.
Certification
Under penalties of perjury, E certify that:
1. The number shown on this form is my conect taxpayer identification numher( ar i am waiting far a number to be issued to me); and
2. i am not subject to backup withMoiding because:( a) i am exempi irom backup withhoiding, or( b) i have not been notifiec3 by the tnternal Reven e Service( IRS} that 1 am su6ject to bacicup withhoEding as a resuit of a faiture to report all interest or dividends, ar( c} the IRS has no6fiecf ine thai! am no longer subject to backup withtuslding; arsd
3. I am a U. S. ci6zen ar other U. S. person( defined below), and
4. The FATGA code(s} enfered an this fonn( if any} indicating that I am exempF irom FATCA reporti g is correct.
Certification instructions. You must cross out item 2 abave rf you have bee ate€ied by the IRS that yau are currently subject ta backup withhoWing because ycw have failea to report at! interest and dividenc s on your tax refum. For reaf estate transactions, item 2 does not appiy. For martgage interest paid, acquisition or abandonmeni of secured praperty, cancellatian of debt, contributians to an individual reiirement arrangement( IRA), and generally, payments other than interest and dividends, you are not required to sign the ceRficatron, but you must provide you correct TiN. See the instructions fw Part II, fater.
Sign
qnaw. eor
Nere u. S. person Date r
General Instructions Form 1099- DIV( dividends, including those from stocks or mutuai tu ts}
Section references are to the IntemaE Revenue Cotie unless otherwise noted. Form 1099- MlSC( vanous types of income, pnzes, awards, or gross praceeds}
Future devetopments. For the latest information about developmenis Form 1099- 8( stock or mutual fund safes and certain other related to Form W- 9 and its instructipns, such as legislation enacted transacFions by brokers) after they were publishecl, g0 LO WWW. ilS. gOY/ FOfMW9.
Fwm 1099- S( praceeds from real estate transactions)
Purpase of Form Form 1099- K( merchant card and third party network transactions} M individua! or entity( Form W- 9 requester} wha is equired to le an Fann 1 Q98( home mortgage interest}, 1098- E( sEudent loan interest}, infortnation retum with the IRS mus2 obtain your correct taxpayer 1098-T{ tuition} identification number{ TIN} which may be yaur social security number Forrn 1099- C( canceted debt) SSN), individual taxpayer ident cation number{ tT1N), adoption taxpayer identification number{ AT1N}, or employes identification nurnber F m t099- A tac 4 wsrUon or abandanment af secured W' tY) EIN}, to report on an information retum the amount paid to you, or ather Use Fortn W- 9 onty if you are a U. S. person( including a resident amou i reportable on a information retum. Examptes of informatian alie}, to provide your correct TIN. retums include, but aze noY limited ta, ihe following. If you da not retum Form W-9 to tha requester wrth a TtN, you might Form 1099- INT( interest earned or paic 6e subfect to backup withholding. See What is backup withholding, later.
Cat. No. o23 X Form W- 9( Rev. io-a4i8)
1123
TAXABLE YEA}? CJhLiFL ikiA FUi"t,1
2{ 2p C thholdiny Ex mption Ce ti cate 59
The payee eae„ p a Atr fom, et s b s et[ o the w tltl,dtiM e9e t T} te n, iti hal r 7 e ke e' S forn, w tl, tlxerc rec d.
Withivaldi g Aqent i'( omzation
T_____._._.____------,____.____._
Pa ea istormstion
Namo
s= r a^ tM:= E r1 ca crrg- i,a s am nn
A 3d ocs 1 nF'f_isYa rc c n.` V l+ca cr F9' I rw. 4
Cr.y., H yr ha, v m 6arwgn odt a ari, na er uctixs Swla lm" ccda Eiemption Ressart
Chs k 8nly on box.
8y cheekin the a rapri Da t b 1 w.¢ ha p y
e c r' 1'ie tt+ aaso fer tt x mpxior ram thaa CeGfcrnia incosne C3x wi ht; rldir requirsmen€ s an aym€ nt( j
ene ta ttre n ity cr ir ividu,.
Individuels— Cert' rf'i cstion ot Rsaidency:
I em s e sY nf af r ia an r side at ghe ecbdreas shcwe abo. 4f b c ma a nor r sidsr t at arry me, aiti rr rr t?y otlf r[ tie; vi17 al ing age t. S" e lnstru ta rns fov G r srai- n irrr tic ra` J,[ 3« finrE ns.
Ctyrpare5one:
e hn errrperati n hea a per+aa nerrt pCa c f u in s ar Cafrtarnia a tts a fdv sa shawr sbore or as c ualr e Chro gh th C rirrnie S s a1a ycf 5ta6 Q.' a) a+# o duainess in Cadifccnia. The c. poratian will fit s atifarnra t return. Id 4hi rpar t6:, n c aaes t h s e a ie€ rraner t plec o bus n s rr Galdarnia r ceasas te cfe arry a tFa we, I vtiit rc tly nu' iFy ttte warhhddae 7 ee t_ Se n6lruciic s ar Ger erat Infc rnation Q, D fir sticns.
Partnerships ar Lime9ed t.iabil'tty Companies{ Lt s):
s+ srteers ip w Li has e ertr, anert pta c i busi asa! n C$ tifornia at tt e a ic e shauv r abcae cx is re istere she ifurnie St S. erati e subje ic Gha teaas cxf C Jif rnia. The partnershi ar LG wilG fita a Ca3ii rnis tax retexn. I tE a ertrr rsfiip r LLC c.e+; d earrt t f? h aF. ru. I will rcm Fly irrfcxm he withhe ing a en6. Fcr vre hhc+Pdin pur sas, a imit d#iad'e ity artner hfp i; L P;! s a d li[ any t r paelrar hip.
Tax- Eac mpt Entitias.
a
enCity is xemFS irc+r,-,tax s nde Gali c, re ia R wana, and TaxaTiora Gode R& G) Se: aicxn 2 a(7 _( in+ rt tatte ar I tsernal F rer us Je Sec ia€ 561 c) r,ira rt rurtrtrar). 1f thia en€ ity cea es Gc t ex mpt fr+xn t. f wil! prc st[ y rc cify ttae w hls, itlin aa t Inc ividuats c. nr t Ge; a:c-ex rr t n tiEa Ineurance Companies, Ee d'evu rat Raterem eriArrengemerrta([ RAs). ar 4uafified PanaiavProfit- Sh eng Plans:
e ent ry is n insurart r cornG ny, I R; a,« a 4{ eraily q4;alified pens n c,r prafiE- si7aring lan.
Calif€xn@a Trusi.
At Eeas1 e sr s e aess cFna na€.:,:. trrCinge nt b ne€ ar af ahe abbve- nacne truai+ s a C alif re a r ent. Fhe¢ ree ua€ I a a}if enie fiduciery t x rcir, n. I tE± lrust cF sr rcran ingen3 taaneficiary be crr. a r anreside nt at any tim, I xaill rn np ly nc tify tt witt hml ing y ttt.
Eatstee— Certificatnvn ot He idency al Duceasec! Pers+ n:
1 am tt,e exeeu r i 0h a av- ne¢n r n' s ta1e or trust. ffha daced na was a C afc nfa agsi enC at the t re crt deati. s6ta vvsil fiP a Cali r
fid wvey t x r turr.
No rrd6itary Spo use a# a li tary Ser eio rt+ember:
I am nonmi it ry spcau f a mili5arp ar. icemem+ rtd I m et the Military Spcuv R si ancy eG f r'¢ l. fSF@F A;i ra€ ue€s rrten s Sa+a rbtruclicAns 9 r i+ rat I fcsrmaeior, MSF?FtA CERTIFiiGATE ibF PAYEE: Pa ye s
r
le an€ sigr t:; onv_
o f arr, atr u otcr riv cy righCs. v. vre may c e
y+ ue ice arr afrc n. and th ansequence° r n, rrr; dirv dh r tguests irrFcame-". ioe, e to Itb. ae. gavft rme ant ae r far 1131 cs re ue t his nc ir b}v rr ail. a ll 30G. 2S 11_ Urader pcnetEie af p+.rjuey. I de l ra tt„at 6 I: arv e e min th+ ir torrr ti n on[ his t' rm i aluc5ng acc eryirr schec ules anc ste men¢ a, an r, th e at a rrr+ kriawie a and be ef,; t is true, ca[ re a, snd camFalete. I furth r clare u. iar panakoes c3 p ury khat
if tfi fac s n wF ich t i S rzr re b se c ange, I will rorn tty tPF th witk ldiag ag rn. ps r prin4. ay` nsme n itis e{ ph.. n
P yee"s aigea tur M Date
tl 1 3 F rrn 59' 2C' 9
1124
Attachment C
i - ' • . 1
Top 10 Frequently Asked Questions
https:// firstnet. sov/ sites/ default/ files/ TopTenFAQs 190906. pdf) FirstNet: The Future of Public Safety Communications
https:// firstnet. ov/ sites/ default/ files/ Brandin the Future of Public Safetv Communication s 0. pdf)
The First Responder Network Authority( FirstNet Authority) was charged by the U. S. Congress to ensure the development, building, and maintenance of a nationwide mobile broadband network dedicated to meeting the needs of the public safety community. Over the past several years, the FirstNet Authority has made great strides toward fulfilling this purpose, including the establishment of a public- private partnership with AT& T, Inc. ( AT& T) to deploy the nationwide public safety broadband network across the country and adoption of FirstNet service by hundreds of thousands of public safety professionals. As FirstNet matures and public safety reaps the benefits of a network dedicated to providing them with needed capabilities and features, the FirstNet Authority is focusing on the next stages of fulfilling its mission. The FirstNet Authority is committed to a vision where a dedicated and differentiated broadband communications experience transforms public safety operations to save lives and protect communities. This vision encapsulates the entirety of the" FirstNet Experience" from AT& T' s deployment of the FirstNet network to the FirstNet Authority' s value- adding activities and investments, which make FirstNet different from any other public safety communications experience. Over time, the FirstNet Authority' s work will help enable public safety to communicate in new and ever more useful ways to help transform public safety operations. ( First Responder Network Authority Roadmap, at 3, https:// firstnet. ov/ system/ tdf/ FirstNet Roadmap. pdf?file= l&tvpe= node& id= 10S5& force= 0).
As with many bold public policy initiatives, the creation of FirstNet ensued from disaster and tragedy. Although the idea that all first responders across the United States should share one nationwide network existed prior to September 11, 2001, the events of that terrible day inspired collaborative action from public safety and Congress. As Congress directed, FirstNet is working toward the deployment of a single, interoperable platform for public safety communications that will bring dedicated priority wireless broadband services to millions of public safety personnel at the local, state, tribal, and Federal levels. . . . Authorized by Congress in 2012, FirstNet will fulfill a fundamental need of the public safety community and is the last remaining recommendation to be addressed of the 9/ 11 Commission. FirstNet' s mission is to ensure the deployment, and operation of a nationwide public safety broadband network( network) for public safety entities.
Leveraging Long Term Evolution ( LTE) 5 technology standards, up to$ 7 billion in funding from spectrum auctions, and a nationwide license of 20 MHz of radio frequency spectrum, the FirstNet network is intended to dramatically increase the safety and capabilities of all of those who serve in a public safety capacity, and thereby further protect the American people. Public safety, and thus the American people, will benefit from the availability of a dedicated wireless broadband network prioritized for first responders, the economies of scale afforded by a FirstNet"
1125
s
i *. i . . , • . . • . 1
national, commercial standards- based network, and the force of innovation in applications which to date has only been enjoyed by consumers. ( 2014 Annua! Report to Congress, at 1, https•// firstnet ov/ system/ tdf/ FirstNet Annual Report to Con ressFY 2014 pdf file= l&tvpe= node& id= 644& force= 0) During the events of September 11, 2001 ( 9/ 11), first responders could not communicate with each other. Some radios did not work in the high- rise World Trade Center; radio channels were overloaded by the large number of responders trying to communicate; and public safety radio systems operated on various frequencies and were not interoperable. There were also nontechnical issues. Officials struggled to coordinate the multi- agency response, and to maintain command and control of the numerous agencies and responders.
The 9/ 11 Commission called for the" expedited and increased assignment of radio spectrum for public safety purposes." Increased spectrum would allow public safety agencies to accommodate an increasing number of users; support interoperability solutions( e. g., shared channels); and leverage new technologies ( e. g., live video streams) to enhance response.
In 2012, Congress acted on the recommendation of the 9/ 11 Commission. In Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( P. L. 112- 96), Congress authorized the Federal Communications Commission ( FCC) to allocate additional spectrum for public safety use; established the First Responder Network Authority( FirstNet) and authorized it to enter into a public-private partnership to build a nationwide public safety broadband network; and, provided$ 7 billion out of revenues from spectrum auctions to build the network....
FirstNet has made progress in implementing the provisions in the act. In March 2017, FirstNet awarded a 25- year,$ 6. 5 billion contract to AT& T to build and maintain the nationwide network for public safety. FirstNet provided AT& T with 20 megahertz( MHz) of broadband spectrum, which AT& T can monetize for public safety and non- public safety use. AT& T is providing FirstNet access to its infrastructure, valued at$ 180 billion, and $ 40 billion to maintain and improve the network.
In September 2017, FirstNet/ AT& T presented states with plans detailing how the network would be deployed in each state. Governors could opt to have AT& T deploy the network( i. e., opt in), or have the state assume responsibility for the deployment( i. e., opt out). By January 2018, all 50 states and 6 territories opted in. This was viewed as a victory for FirstNet, AT& T, and public safety stakeholders who had long advocated for a nationwide network for public safety. ( Congressional Research Service, The First Responder Network( FirstNetJ and Next6eneration Communications for Public Safety: Issues for Congress, April 27, 2018, htt ps:// crsreports. con ress. gov/ prod uct/ pdf/ R/ R45179) FirstNete
1126
I
FirstNet is a reliable, secure broadband communications platform dedicated to public safety. It is a force- multiplier for first responders, giving them the modern communication tools they need to save lives and keep communities — and themselves — safe.
FirstNet is unlike any other nefinrork, because it is the only network dedicated to the public safety community. FirstNet is also the only network overseen by the First Responder Nefin ork Authority, the independent agency established by Congress to deliver public safety' s nationwide broadband network.
Look for this logo to keep up with the First Look for this logo when you want to learn Responder Nefinrork Authority' s programs, more about the FirstNet Network or activities and public safety outreach purchase FirstNet services
FIRSTNETM
First Responder
o
Built with AT& T
Network Authority
This logo represents the First This logo represents the FirstNet Responder Network Authority network and services, built with organization AT& T
Congress established the First FirstNet is a nationwide network Responder Network Authority to deliver created for public safety, with public the first nationwide public safety safety
broadband network Key public safety features include a
The First Responder Network Authority dedicated connection with priority oversees the Network contract with and preemption over a secure, AT&T, consults with the public safety reliable network
community to ensure its voice and
needs are heard, and drives public
See this logo on FirstNet services,
safety innovation for the Network devices and products
Learn more about the First Responder Learn more about the FirstNet Network Authority at FirstNet. gov
product and services at FirstNet. com
1127
oa o
ITEM 6. 1
CITY MANAGER' S REPORT
JULY 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: MAYOR' S REFERRAL
RECOMMENDATION: Appointment of Two ( 2) Members to the Parks and Recreation Commission, with Term Ending, 7une 30,
2025
PARKS AND RECREATION COMMISSION — LMC CHAPTER 2. 16
The Committee currently has two ( 2) available vacancies.
Two ( 2) seats available with existing term ending June 30, 2025 Existing Date of Reappointment Term Expiration
Corr missioner( s) Appointment Date Date
Ajit Singh Sandhu 7/ 18/ 16 6/ 10/ 19 6/ 30/ 22
Jimmy Zien 6/ 10/ 19 6/ 30/ 22
Two ( 2) applications were received.
APPLICANTS FOR CONSIDERATION:
1. Ajit Singh Sandhu
2. Jimmy Zien
1128
COMMISSIUNlCOMMITTEE APPLICATION
Applying for: Qo,•. s 8 2Qc.,,¢..o: e.,,, C-. s s u.
1 Rcmdre nents:
Ye rdb Arh is+ry Ce, ua iar: Must be a I.athrap rtsidcnt betwern 13 to 18 years of age ro save on this commission.
Seniw A fvisary Ca utcsJox: Muube a Lathrop rcsidrnt 50 ycars ofage or over to scrvc on this commission.
PLtxsiapr Par s Recreoflarr Caamissi'e ts, rutd Me ssa e C t)ve sl ht Co ruridee: Must bc a LaEhrop residcM to scrvc on this commission.
PLEASE PRINT OR TXPE THE FOLLOWING INFORMATI CEIVEp
MaY o5 2pz1
Namc: / A131T S u G t
l S J. O HU
Addn,ss• City: (. g T f+ C P Zip: 53
Telephone( home) Tetephone( work)
Telephone( cell)_ Teiephone( other)
1- Reside nt of the City of Lathtop:__ years
Do yau have Transportation to attend the Commission rncetings and Functions? Yes$ I No CI Backgronad Information:
Arae you related to a cunent Ciry Employee?
Ifyes, give name and reietionship
EmploymenWotnateer Information:
P ir.+,., t1; i c „ o+:- se vi
t+6' s+^c+a Zt o!
Organimrio Date
7467 t. K (, os c,. t+ta,. t'_c,, 453" 6 i v sio n R.
t A
Positia:( sj
Respons ilitic sr+sccomplishm nts: M ,,-- Pe. v.ds•, en e: 4t.. v o1 4KLYIt1 t. t IAG. Q.. Spt'Y' V' " M' Stl^1 a' '` c • NAGna+ Dore
Position( s)
Rcspousibil itieslaccomplishmex ts:
1129
Community Activities that you have been invotved with( feel free to attach additional pages} Namc ojOrgonizatioa PosirtonfResponsihiJi fes Datcs
MQ wwYlo* e1w• sl a•.. ca,•, Mt' a.e., the}, ir Z.o45'—' Nome ofOrganiza iorr Posilron/ Respo uibili ic:s.'Accvmplishnients Dates 1' a y' s sd R--+e c,re.a, u,r. c o' s v. r:, SS s o' 1' L. r o, cr»..; ts; w c/ 20 6 Special Awards or Recognitions you have received:;,,,,, . ,, _ :,,,, c_.. s
D-. c. w'Q w, e... d r+D'v+ o'""' rcLJa• ' S t°``'+? I Jd L,. A tN.1 fwe "T imrt c'- vi'. e-' iw'N C- i."'. as r,-
o- tt w C.[. Cee. e;.. d.f -. aro
Educatioaai Informatioa:
sP' c.u i3a:.., wT. Pu fii- 4; v: s
t ir
n a a-- P N. a. .,.. u.. -.
s ,.. r.,,.;-, ,.
q,ew. ov.. c.s,
Educariona! lasrtrurrari Degrea' iplo, na Fierd Year , 97( Z'r r - P i b tPl* 0.c N s + e,Q. ec c g 1 Z
Educarivna! Institutio r DegreelDiplomv Fteld Year
Additional Information (Pleaseprovide ony other injormation tivhich youfeel tvotrld be usejul! o! he City Counci! in revieivin, you application.)
9- a .' k.- a l..e. ti
ei i r'
S' C.t Q. - r.- ti- .
i, Qn a- r- l3(.. c c-- a,rd.
o c ..- ive- , t, a - ro. i.,s` c.. di c. sw Cm, n,-mwr.' r Q-,r"v1 L'_ 3•
Please cign and date you application and subrnit a dee O rce ofthe City Clerk at tlte address below. a r—/` O ' t-( zG--
Signaturt Dale
ParenUGuardian Signature( Reguired for Yourh Ad dsory Ca tdidates only) City Cterk
City oi Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
1130
COMNiISSION/CONiMITTEE APPLICATIOIV
Applying for: t rk, f ne-- io m,1r, s o
s, x o•
Yaath Adr isorp Com nission: Must bc a[, athrap resident betwe en 13 to 18 yaus of agc to servc on this commission.
SeAiorAd» ry Canmdssion: Must bc a Lathrnp rcsidcpt i0 ycur go or ovcr to serve an this commiss VED Pla i Parks& Re ar.atloa Cowrmi siang or d Mrassi+e C Oar ht Com ntitee: Must be a Lathro res tfiis commission.
PLEASE PRiNT OR TYPE THE FOLLOWING INFORMATION• uN 20
CITY CLERK
Name: ___ j)n,mv i n
Address•_ City: L' G!' oP Zip: 33 7 r—
Teicphonc( hame) Telephone{ work) -
Telephane( cel!)__ Talephone{ other) --
Em Resident ofthe Ciry of Lathrop:_ years
Do yoa bave Transportation to attcnd the Commission meetings and Functions? Yes C Na Backgroond lnformatioa:
Ar e you related to a cumont City Empioyee?` N,p
Ifyos, givc namc and relationship
EmploymenWolnateer Infonmation:
I vmP Gh r h I ` 1"R f- Zo R
lhga»izoffoa Da/ e
5' 0 G G1 rliS D!'
t.oro, o, ' Na r,ron>
Responstbilities/ eecompiishments: r,- volun, c rm c; u pu s(',, r 3 t, II i q r J I l' fiiy
z
C nnrnrian Uate
V
La- m, C1" volu 2r L`ommun,+ P i- or
OhDn osilion( s)
Responsbilitics/ acxomplishments: ( hl . L tnual Q l iV WQ. t* S}- 1131
Community Activities d at you huvc been involved with( feel free to attach gdditional pages) Amobel 1_ Ro4-Dit mCmk r 20 - 20 f$
Name oj rgnn4a n i1 PusllionlResponsibili r s r
1 ro O lif bPr 2D1- s n
1Vantc ujOrga - a io i Pnsiiiu Responsibilities/ Acc nnrpllshmenu pnt Special Awards or Recognitians you have received: 20 0 (; l,y n ol 1 (' a i n 3 yPllt' Educational Intormation:
fQiY1 1 S CI oa 1 Oc k I D CA a rbiamci 9 G$
E Jucalrorxrl I rsJtttltlon UegreeJDip » a Field Year
F,diicallonal L itulinn Dp, reFJUipla ra Fietd Yeor
Addi6o al Infottnation( Pleuxe provide any other inJbrmalion which yot, feel wadd b rueful n the Ctry Cot nri! i i revrewing you app/ ication.)
11ar: n.1 w, h n,nla.' il Pv r Its' rM car' G P i itn--- r.— 1`hc, 1 c' s m i c
1- a- tlfot l- 4, 211s_ 4LLP A hrlpmv 2G1
Plense sign and da e ynu applirutinn an t submit to tlre U,,rce ofthe C:ity Clerk at thc a ldrexs belo o..
Ob 17 ,, OZZ
S, " _,,,,_-` Datc
PartndGoardian Signature{ Required jar Yo uhAd isory Canrirdates atl} City Cierk
City o! Lathrop
390 Towne Centre Drive
Lathrop, CA 95334
1132
1133
ITEM 6. 2
CITY MANAGER' S REPORT
7ULY 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: MAYOR' S REFERRAL
RECOMMENDATION: Appointment of Two ( 2) Members to the Planning Commission, with Term Ending, ) une 30, 2026
PLANNING COMMISSION — LMC CHAPTER 2. 12
The Committee currently has two ( 2) available vacancies.
Two ( 2) seats available with existing term ending June 30, 2026 Existing Date of Reappointment Term Expiration
Commissioner( s) Appointment Date Date
Steve Dresser 1/ 14/ 19 6/ 30/ 22
Filled unscheduled term
vacancy ending 6/ 30/ 22
left by Diane Lazard)
Gloryanna Rhodes 1/ 14/ 19 6/ 30/ 22
Filled unscheduled term
vacancy ending 6/ 30/ 22
left by Jennifer TorresO' Callaghan)
Two ( 2) applications were received.
APPLICANTS FOR CONSIDERATION:
1. Gloryanna Rhodes
2. George Jackson
1134
COMMISSTON/ COMMITTEE APPLICATION
Applying for: j. t n r r r r 5 5 t o
Snecial Reaaireo ea:
Yowa r Advisory Com ssion: Mnst bc a Lathrop residcnt bciweea 13 b l 8 ycars ofagc to scrve on this commissioa.
TQf10l1Id1? tOlp COUlA11J5lIDR: Mt1SL E! C i1 UI EiR3f11CS1{ CM SO R 0 8 C Or PV 7 t0 C[ YC lRl} 11S COtTift11Slt1011.
P a. Parks Recnm3e e Coa whsJe aad 11lensare C Oversiglr Conrmbtce: Mnsi be a Lati op rrcsident to serve on RECEtVED
PLEASE PRtNT OR TYPE THE FOLLOWING INFORMATION:
UN 2`
Na: Io' c. n t... o o( TY CLER K
Address: Ciry: 1. Y' j. Z;p; .
3 3 c
r--
Telcphonc( ho m Telephone( wark) N
Tekphone( ce l Tetcphone( other)
Email: esident of the City of I.athrop:_ years
Do you tsave Trac spartation to attend the Commission rneetings and Functions? Yes No O B#ckgnouad Iaforau tioo:
r4rsc you rclatcd to a cumcnt City Emptoycc? r L /
Ifycs, givc namc and reladonship
mptoymewtNolanteer informAtioa; LQ,, r-e
t
Or arrizana Dde
Loratlo PosJ fon( s)
Rcsponsibilities/ acc omplishmcats:
t-,.,.r
o, ra v w
r.ocaria, Pvatrta( a
Respons ilitieslaccomplishments:
1135
Commuaity Acti ities that you have becn invoived with( fccl frec to attach odditionai pa es) N n ta ajChgn+ ia in r Posi ivn Rr.r/mnsihiliitcc l?ntes NQpJCtIfO1, K HL't/ II N Pa tirn+'Re.spra sihJlllic: s°:4ccunipJislunhnl Dn/ a.h' Special Awards or Recognitions you h ve t eceived:
EtI pCAh011AI Ili FOririA OD:
5 .,
Eih linr r// n.clindion IJegtx' elUlploxur ' F+a rl Y ar Edrrru irmr!!» stilu[ icui Dlxrnn/ Dipkunn FicJd Yacrr
Additiotlall Information( Please provtde am* Whc r infarntut} an ti+ htch nn f's: e! w» rild ie ir.r ft!! v lhc[.' ih C' urrnc•r! in
revicmi Jrn opplicalion.)
Pleacc sig t a d date yaa appliratinn and subp lt to the( l ce njthe City Clerk at the addr ss heluw..
K__.--- tP ?'' '` ZZ
5i lure tratr
ParenUGuardian 5i lurc tRrynirz dfr r Ynnd ddvi.son' rnnlnlMrs aalt') Clty Clerk
City oi I.a throp
39A Towne Centre Drn e
I.sthrop, CA 95330
1136
COMMISSIUN/ COMNIITTEE APPLICATIUN
o .
Applyiog for: n
ial Reaaireme ts•
Youd+Adv sory Coaimtst on: Must be a tathr+op res[dent between 13 to 18 yeais of age to serve on this commission.
See OrAdvisor3' C' St°°: Must be a Lathmp resident 50 years of age or over to serve on this commissioa.
Ptarmin Aorks 8 Rmtadon Commissiar m d M e C OraslgM Commit ee: Must be a Lathrop resident to serve on m i RECElVED
p* s' pQiN'' pR TYPE THE FOLLOWING INFO
JUL a 5 2022
Name• Q
City; ' t'f' LD . ,_ Zip; 5 3
Address:
Telephone{ home) Telephone( wark)
Telephone ceU ele hone( other)
Resident af the City of Lathrop: _ yea' s
Do yoa have Transportation to attend the Commission meetings and Functions? Yes No O Backgroand Infora4ation:
Are you related w a current City Ecnployee?
If yes, give name a d relationship
EmploymenWolnnteer inform tion:
r o e o vi ---- v '
av`7- a
Lonotion
Positton( s)
Responsibilities/ accomplishments
V ' M r
Orgave iatioa
Datt
Locotion
Position( s)
1 Responsibilitiesiaccompljshments•
i A vh
t.
1137
Community Activities that you have be n involved with (feel free to attach additiortal pages) r
rr-r,. a..ot-. . 4
i r Y-Au1---- - ti o,p fL k. .
Name of Organirativn Posfiion/ ResparsibilFcies S
C iy-t.A
e.} f/1y
Name o( Orgai+ tion PositioniResporrsfbifities/ Actnmptishments Dates Spcciai wards ec . . ns yo hav. receiv :
r .
Edacational Information:
7' 0 t u¢./ 4
d.
c, U 9` C
Ed+icatinrrat lnsti tion 4 A F« d Ye
Educotfonot tnstiro ion Uegree/ Diplorrre Fie(d Year
Additionsi lntormation (Ptease provide ony other injormarion whichy ou(' eel woutd be use(u! to ihe City Ca ncii in reviewing you oppliration.)
o e2. u
2,„ a ` r
r
CP / vt
Q —
Please sign and dote you nppliratian or d submit to the Offjce aftlte C ry Clerk at t1 address below.. ti a o .- oa
s re oace
Pan t/Guardian Signatur( Requfred( or Ycw[ h Advisory Carrdidates orrly) ty Ckrk
City of L throp
394 Towne Centre Drive
I,nthrop, CA 95338
1138
1139
ITEM 6. 3
CITY MANAGER' S REPORT
JULY 11, 2022 CITY COUNCIL REGULAR MEETING
ITEM: MAYOR' S REFERRAL
RECOMMENDATION: Appointment of One ( 1) Member to the Measure C Oversight Committee, with Term Ending, June 30,
2025
MEASURE C OVERSIGHT COMMITTEE — LMC CHAPTER 3. 13. 180
The Committee currently has one ( 1) available vacancy.
One ( 1) seat available with existing term ending June 30, 2025 Existing Date of Reappointment Term Expiration
Commissioner( s) Appointment Date Date
Michele Anderson
3/ 11/ 19 6/ 30/ 22
filled unscheduled
vacancy left by Lucius
Davis, term ending
6/ 30/ 19 & appt new
regular 3 year term)
One ( 1) application was received.
APPLICANTS FOR CONSIDERATION:
1. Michele Anderson
1140
COMMISSIONICOMMiTTEE APPLICATICIN
Applying for: / l ?Q S j/,?, (_
Snecial Rce iremcnta•
Yo+ulr 1l+h s} C m sio: Must be a i.aduop ssident betwoen 13 ro 18 years nf age to setve on this commission, Sewi AdrFsory Gaun r Chrn: Must bc a Lathrop r. sidcnt 50 yc:urs afagc or ovcr to scrvc on this commission.
P/RtHrhtj, P rks d Raenr rAiott Cwir sro, c, a rd Measxre C O+ ersight Co waulMr: Muat be a Loduop r e i CEIVED
PLEASE PRINT OR TYPE TAE FOLLOWtNG iNFORMATiON: ,
UN 21 2022
Namc:{- 1. n,. c, CITY CLERlC
Address: City: I D Zip:' D
Tekphone( home) Telephone( wark) ""'
Tclq honc( ccll} Telephone( other) ``—
En sii: Resident of the Ciry of Lathrop: S years
Do you have Transportation to anend the Cornmission meetings and Functions? Yes No Backgronnd Information:
Arc you rciatcd to a curtrnt City Employcc?
lfycs, givc namc and relationahip
EmpbymeatNolonteer lnlocmat on:
L
dU/! v - es er
o,gqon: a;on Daue
1 7 av 1
J.ruo lai
h J` 1 /
Paritiai(s) .
Responsibilitieslaccomplishma ts: !- 1 f D! 7
1 f ,'_ :)
y
v, y
o,grmrzcr a, nae
Lornlbn Posilios( s)
Responsbilities/ accomplishmet ts:
1141
Community Activities that you have been involved with( feel free to nttach ndditionnl pages} Narue q/' prgn, ri: ar; a I'osiliorr/ Rc. oncihlltlics Du+es Nnr» c u/' Or, nrrr_ r lir n I'.+i uniRrspwrsih ll irs il ccumpli l niru. s Dn cs Special AwArds or Recognitions you have received: Vo l! f o o LAS m -
S' D
Educationel Information:
mciC C' a.J`" G¢-, 938/ 9'
I:fIlfCQ( Jt117( IIIIl.CfllJtIM1J Lkgm J iPlunrn Fiel! er r 1/(//
1U1
dlrcnlionnllnslrri r' u Rrc elD pinr fn I ielc 1' cur
Additional InformAtion ( Ptca.se prnvide a rt utHer i Jor nmion+=hich' nJeel wn lcl he tseJ iJ! u ihe C' in' C' ru ri! in rcn ic yin}• v r applira ioaJ
f" U
h
Please. si n u» d dat yau npplicatran and srth rrit! o thc tl ce nfthc C'ity Clcrk at hc nddress bcl w..
G1, IY,'. SQf? v../,/ T9 a?
signatur Drt
Parcnt/ Guanlian Sisnature tR cluin dfnr}' rnitlr il ch rsnn Cal idar s r lr) City Clerk
City of Lathrop
390 Towne Ceatre Drive
i.athrop, CA 95330
1142
1143