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HomeMy WebLinkAbout9/3/2014 - STAFF REPORTS - 1 CITY OF PALM SPRINGS O4-.pkOM seA: Office of the City Manager �y 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 'm. Telephone: 760-322-8350 —Fax: 760-323-8207 '+ Planning Services - 760-323-8245 Public Works& Engineering — 760-323-8253 c�LFOV%t Fire Department — 760-323-8187 Building & Safety — 760-323-8242 Building Inspections —760-323-824 Code Enforcement — 760-778-8434 APPLICATION FOR MEDICAL CANNABIS COOPERATIVE OR COLLECTIVE. Please read carefully to ensure application is accurate and complete. Inaccurate or incomplete applications may be rejected. The completed application and supplemental information shall be submitted to the Office of the City Clerk, during regular business hours as posted. The submittal will be taken in at the Office of the City Clerk, but it will not be considered as "complete" until it is determined that all filing requirements have been met in accordance with the provisions of the Medical Cannabis Cooperatives and Collectives ("MCCC") Ordinance (Palm Springs • Municipal Code Chapter 5.35; Ord. No. 1 845 , as amended; and Palm Springs Municipal Code Chapter 3.35 and Section 93.23.15 (collectively the "Ordinance"). To be considered complete, the application must include any attachments and/or supplemental information required under the Ordinance or as otherwise required in this Application or as requested by the City Manager (please refer to checklist contained at the end of this application). Applications must include a deposit of $ 7,500 towards the cost of the City's review of the Application. In the event this amount is insufficient to cover the City's costs, the applicant will be required to post additional funds to cover City's costs. Review of the application will be conducted by various departments of the City of Palm Springs, including Planning Services, Finance, Building and Safety, the Palm Springs Police Department, the Palm Springs Fire Department, the City Attorney's office, and others, as appropriate. Incomplete applications, including applications with missing or inadequate information, will be returned to the applicant for completion, held until additional information is submitted; however, the applicant will have a limited period of time to provide the requisite information. Failure to provide the information in a timely manner will result in disqualification and the Application will not be considered. Applicants are responsible for the accuracy and completeness of all information submitted in the application. All information submitted with an application is public; however, such information will not be available for inspection by any person, organization, or agency until the application review process has been completed and the City Manager's recommendations have • been provided to the City Council. 987441.1 MEDICAL CANNABIS COLLECTIVE OR COOPERATIVE APPLICATION DEADLINE: JUNE 169 2014 2:00 PM Notice is hereby given the City of Palm Springs is accepting applications to permit one medical cannabis collective or cooperative in the City. All applications for the medical cannabis collective or cooperative must be received AT THE OFFICE OF THE CITY CLERK in City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 2:00 P.M., LOCAL TIME, June 16, 2014. The receiving time AT THE OFFICE OF THE CITY CLERK in City Hall will be the governing time for acceptance of Applications. It is the responsibility of the Applicant to see that any proposal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. Telegraphic, telephonic, and electronic mail Applications will not be accepted. Postmarks will not be accepted in lieu of actual delivery. Late proposals will not be accepted and shall be returned unopened. The Applicant shall submit ONE (1) Original and TEN (10) copies of the Application and all related materials and attachments. s 987441.1 . SUBMITTAL REQUIREMENTS: The following information shall be submitted: 1. A site plan and floor plan of the premises denoting all the use of areas on the premises, including storage, cultivation areas, exterior lighting, restrooms, and signage. 2. Suitable evidence of proof of lawful presence. 3. All requested information concerning financial and management associations and interests of other Persons in the business; including the names, mailing addresses, and Operator's background forms of all of its principal officers, directors, and Operators; a copy of its articles of incorporation or articles of organization; and evidence of authorization to do business as a non-profit within the State. 4. An estimate of the size of the group of primary caregivers and/or qualified patients who will be served by the non-profit MCCC; this description should include whether delivery service will be provided and the extent of such service. 5. The address of the location at which the MCCC will be operated. 6. Accurate site plan and floor plans for the premises to be permitted denoting all the use of areas on the premises, including storage, cultivation areas, exterior lighting, restrooms, signage, and parking; other tenant spaces if the MCCC is proposed for a multi-tenant • building site. 7. The deed, lease, contract, or other document governing the terms and conditions of occupancy of the premises permitted or proposed to be permitted. 8. A detailed security plan which includes, at a minimum, the following: a. Security cameras covering, at a minimum, the storage areas, cultivation areas, all doors and windows, and any other areas as determined by the City Manager. (Additional measures may be required.) b. A reliable commercial alarm system that is operated and monitored by a lawfully operating security company or alarm business. 9. The name and address of any person who is managing or responsible for the MCCC activities, and the names and addresses of any employees, if any, and a statement as to whether such person(s) has or have been convicted of a crime(s), the nature of such offense(s), and the sentence(s) received for such conviction(s). 10. The name and address of the owner and lessor of the real property upon which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied with a notarized acknowledgement from the owner of the property that a collective will be operated on his/her property. 997441 1 • 11. Authorization for the City Manager to seek verification of the information contained within the application. 12. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct. 13. Payment of the required deposit for processing the application is required at the time of submission. APPLICATION PROCESS The City Manager shall conduct a background check of any applicant for a regulatory permit, including any person who is managing or is otherwise responsible for the activities of the MCCC, and any employee, and shall prepare a report on the acceptability of the applicant's background and the suitability of the proposed location. Upon completing the review process, the permit shall be deemed a qualified application subject to the final certification and approval by the City Council pursuant to the allotment process, unless the City Manager finds that the applicant: 1 . Has made one or more false or misleading statements, or omissions on the application or during the application process; or 2. The proposed MCCC is not allowed by state or local law, statute, ordinance, or regulation, including the Municipal Code, at a particular location. 3. Is not a Primary Caregiver or Qualified Patient or the legal representative of the MCCC; 4. Or any employee, if any, has been convicted of a felony, or convicted of a misdemeanor involving moral turpitude, or the illegal use, possession, transportation, distribution or similar activities related to controlled substances, with the exception of marijuana related offenses for which the conviction occurred prior to passage of the Compassionate Use Act. A conviction within the meaning of the Ordinance means a plea or verdict of guilty or a conviction following a plea of nolo contendere. 5. Or any person who is managing or is otherwise responsible for the activities of the MCCC has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices. 6. Or any person who is managing or is otherwise responsible for the activities of the MCCC has operated a marijuana dispensary, cooperative, or collective in the City without a permit for a MCCC issued or approved by the City and has refused or failed to comply with any order or instruction of the City to cease such operation. 7. Has not satisfied each and every requirement of the Ordinance. Based on the information set forth in the application and the City Manager's report, the City Manager, or the City Council, may impose reasonable terns and conditions on the proposed operations in addition to those specified in the Ordinance. A regulator( permit issued under the Ordinance is not transferable. 987441.1 ISSUANCE OF REGULATORY PERMIT The City Manager will accept applications for MCCC during the Application Period. Such 60 day time period plus an additional 30 days to complete the reviews and the preparation of the reports called for in the MCCC shall be considered the "Application Period." 1 . In the event there is more than one application submitted for the unallocated regulatory permit for a MCCC during the Application Period, the City Manager shall submit the qualified applications and the City Manager's report on each application to the City Council for review and consideration. The qualified applications shall be considered concurrently by the City Council at a public hearing. 2. The City Council shall consider the qualified applications after evaluating the applications on their respective merits and the City Council may conditionally approve each qualified application or deny one or more of such applications if the Council determines that the applicant has failed to pass a background check or has not complied with all of the requirements of the application process. 3. The City Council will rank all qualified applications in order of those that best satisfy the requirements of the Ordinance and provide the highest level of service and opportunities for residents of Palm Springs. The highest ranked qualified application will be granted the regulatory permit. REGULATORY REQUIREMENTS • Issuance of a permit shall be subject to the following regulations: 1. The obligations of the MCCC, including all on-going and continuing obligations currently required or as may be provided in any conditional approval of the City Manager or the City Council, shall be set forth in a covenant running with the land or the leasehold interest, approved as to form by the City Attorney, and enforceable by the City. 2. To the fullest extent permitted by law, the City shall not assume any liability whatsoever, and expressly does not waive sovereign immunity, with respect to medical cannabis, or for the activities of any MCCC. 3. The Covenant shall also contain the Continuing Obligations and Responsibilities as set forth in the Standard Conditions section provided below and the following terms: a. Agree to indemnify the City; b. Carry insurance in the amounts and of the types that are acceptable to the City Manager; C. Name the City as an additional insured. d. Agree to defend at its sole expense, any action against the City, its agents, officers, and employees because of the issues of such approval. 987441.1 e. Agree to reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of such action. • 4. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation under the MCCC or the Covenant. STANDARD CONDITIONS The following conditions shall apply to each and every MCCC permitted by the City. Failure to comply may result in immediate suspension or revocation of the permit, subject entirely to the discretion of the City of Palm Springs: 1 . No persons shall engage in, conduct, or be permitted to engage in or conduct a MCCC unless each of the following requirements is continually met: a. The MCCC shall comply fully with all of the applicable restrictions and mandates set forth in state law, including without limitation the State Guidelines. b. The MCCC shall only be open between the hours of 9:00 a.m. and 7:00 p.m. C. Physician's referrals shall be verified by the MCCC prior to inclusion into the cooperative and at least every six (6) months thereafter. d. Each member of the MCCC shall be a patient or a qualified primary caregiver. The MCCC shall maintain patient records in a secure location within the City of Palm Springs, available to the City Manager to review upon demand. Such records shall include without limitation a copy of the physician's referral and, if using a primary caregiver, a notarized written authorization from the patient to be represented by such primary caregiver. e. Cannabis shall be kept in a secured manner during business and non-business hours. f. Each MCCC that prepares, dispenses, or in any manner distributes edible Cannabis-Infused Product must comply with the provisions of all relevant State and local laws regarding the preparation, distribution, and sale of product. 2. Alcoholic beverages shall not be sold, stored, distributed, or consumed on the premises. A MCCC shall not hold or maintain a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, or operate a business that sells alcoholic beverages. In addition, alcohol shall not be provided, stored, kept, located, sold, dispensed, or used on the premises of the collective. 3. A MCCC must pay any applicable sales tax pursuant to federal, state, and local law. 4. On-site smoking, ingestion, or consumption of cannabis or alcohol shall be prohibited on the premises of the MCCC. The term "premises' includes the actual building, as well as any accessory structures and parking areas. The building entrance to a collective shall be clearly and legibly posted with a notice indicating that smoking, ingesting, or consuming marijuana on the premises or in the vicinity of the cooperative or collective is prohibited. 987441.1 5. Signage for the MCCC shall be limited to the name of business and its status as a permitted MCCC only, and no advertising of the goods and/or services shall be permitted. • 6. Except as provided in an approved Security Plan, windows and/or entrances shall not be obstructed and must maintain a clear view into the premises during business hours. 7. Security cameras must be in use 24 hours per day, 7 days per week. 8. No one under eighteen (18) years of age shall be a member of a MCCC without written authorization of a parent or legal guardian. 9. Physician services shall not be provided on the premises. "Physician services" does not include social services, including counseling, help with housing and meals, hospice and other care referrals which may be provided on site. 10. The building in which the MCCC is located as well as the operations as conducted therein shall fully comply with all applicable rules, regulations, and laws including, but not limited to, zoning and building codes, the City's business license ordinances, the Revenue and Taxation Code, the Americans with Disabilities Act, and the Compassionate Use Act. 11. The MCCC shall not distribute, sell, dispense, or administer cannabis to anyone other than qualified patient members of the cooperative or collective and their primary caregivers. 12. A MCCC shall distribute only cannabis cultivated on the premises or by a member of the MCCC or the member's primary caregiver. The MCCC shall do an inventory on the first business day of each month and shall record the total quantity of each form of cannabis on the premises. These records shall be maintained for two (2) years from the date created. 13. A MCCC shall provide the City Manager with the name, phone number, facsimile number, and email address of an on-site community relations or staff person or other representative to whom one can provide notice if there are operating problems associated with the MCCC. The MCCC shall make every good faith effort to encourage residents to call this person to try to solve operating problems, if any, before any calls or complaints are made to the police or planning departments. 14. A MCCC shall not display Medical Cannabis and Cannabis-Infused Product in a manner in which Medical Cannabis or Cannabis-Infused Product can be seen from outside the Location. Storage of Medical Cannabis and Cannabis-Infused Product shall otherwise be maintained in restricted access areas. 15. An MCCC shall not sell any expired Cannabis-Infused Product. 16. Each Permittee shall consent and allow the City Manager to cause medical cannabis and cannabis-infused product at the Location to be tested and examined. 17. A MCCC shall fully comply with and meet all operating criteria required pursuant to the Compassionate Use Act, state law, the State General Guidelines, the provisions of the • Palm Springs Municipal Code, as well as any specific, additional operating procedures 987441.1 and measures as may be imposed as conditions of approval of the regulatory permit, and all requirements set forth in the covenant. This is required to ensure that the operation of the MCCC is consistent with the protection of the health, safety, and welfare of the community, qualified patients, and primary caregivers, and will not adversely affect surrounding uses. ENFORCEMENT 1. Recordings made by the security cameras shall be made available to the City Manager upon verbal request; no search warrant or subpoena shall be needed to view the recorded materials. 2. The City Manager shall have the right to enter the MCCC from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with the Ordinance and all laws of the City and State of California. 3. Operation of the MCCC in non-compliance with any conditions of approval or standards of the Ordinance shall constitute a violation of the Municipal Code and shall be enforced. 4. The City Manager may revoke a medical cannabis regulatory permit if any of the following, singularly or in combination, occur: a. The City Manager determines that the MCCC has failed to comply with any provision of the Municipal Code, any condition or approval, or any agreement or covenant as required pursuant to the Ordinance; or b. Operations cease for more than 90 calendar days, including during change of ownership proceedings; or C. Operatorship is changed without securing a regulatory permit; or d. The MCCC fails to maintain 240 continuous hours of security recordings; or e. The MCCC fails to allow inspection of the security recordings, the activity logs, or of the premise by authorized City officials. 5. Any decision regarding the approval, conditional approval, denial, or revocation of a regulatory permit may be appealed to the City Council. Said appeal shall be made by a notice of appeal from the person appealing within thirty (30) days from the date of the decision. The appeal shall be accompanied by a fee, which shall be established by resolution of the City Council amended from time to time, and a written, verified declaration setting forth the basis for the claim that the permit was improperly approved, denied, conditioned or revoked. Filing of an appeal shall suspend the issuance of all regulatory permits until action is taken on the appeal. 987441 1 O� PALM SAI �c CITY OF PALM SPRINGS office use Only . " Office of the City Manager Case No: - , `awav+ •• Initials: C'f41FOIL L? r APPLICATION FOR MEDICAL CANNABIS = COOPERATIVE OR COLLECTIVE MCCC -- Please read carefully to ensure application is accurate and complete. -- Inaccurate or incomplete applications may be rejected. rJ,} TO THE APPLICANT: — Your cooperation in completing this application and supplying the information requested will expedite City review of your application pursuant to local procedures. Applications submitted will not be considered complete until all submittal requirements are met. Please submit this completed application and ten (10) copies, including all attachments and related material to the Office of the City Clerk at 3200 East Tahquitz Canyon Way. Palm Sprinqs, CA 92262 Please complete the following in blue or black ink. If additional space is needed, you may attach white single-sided 8%x 11 paper using either MS Word or text-readable PDF format: 1) Address of the MCCC: 2050 Executive Drive Unit A,Palm Springs, CA 92262 *Please note that site location is prohibited within 500 feet of a school, public playground, park, residentially zoned property, child or day care facility, youth center or religious institution. It is also prohibited within 1,000 feet of any other collective. The MCCC location is prohibited on properties in which the primary use of the property is commercial/retail. 2) MCCC site information: Gross Square Footage of proposed business space: 4,100 Assessor's Parcel # 677040018-7 Zone: m1P Section/Township/Range 6 / 4 / 5 General Plan IND Hours of Operation 9AM to 7PM If the MCCC is in a Multi-Tenant Building, please list other Businesses: Business Name Business Type 1. CVRS - Reposession Company 2. American Awning -Awning Specialist 3. Sysco - Food Distribution Hub 9R74a1A 4. 5. 6. 7. 3) The name and contact information of the applicant: *Please note that in the event the applicant is not the legal owner of the property, the application must be accompanied with a notarized acknowledgement from the owner of the property that a MCCC will be operated on his/her property. Name Address Email Brown Dog Farm Inc. -2050 Executive Drive Unit A,Palm Springs,CA 92262 - browndogcoop@gmail.com Residential # Business # Cell # Facsimile # 951-225-4050 951-225-4050 760-407-7931 760-406-5653 If the Applicant is leasing the MCCC, please list the Property Owner's contact information: *Please note that in the event the applicant is not the legal owner of the property, the application must be accompanied with a notarized acknowledgement from the owner of the property that a MCCC will be operated on his/her property. 4) The name and contact information of the Property Owner: Property Owner's Name Property Owner's Address Property Owner's Email Ralph Coomber- 223 Loch Lomond PO Box 955,Rancho Mirage,CA 92270- coomber760@gmail.com Residential # Business # Cell # Facsimile # 760-831-0246 760-831-0246 760-831-0246 None 5) The names and contact information of every person(s) who has a financial interest in the MCCC: Name Telephone # Address Email 1. Linda Milks- 503-703-5552 -41550 Corte Pergamino,Temecula,CA 92592 - lindamilks@yahoo.com 2 Jonathan Milks-951-595-2579 - 59895 Lucille Lane,Anza, CA 92539 -jkmillks@msn.com 3. Andrew Milks - 760-407-7931 - 59895 Lucille Lane,Anza,CA 92539 - andrewmilks@gmail.com 4. 98744 L l 5. 6. 7. 6) The names and contact information of every principal officer, director, and/or operator: Name Telephone # Address Email 1 Jonathan Milks - 951-595-2579 - 59895 Lucille Lane,Anza,CA 92539 -jkmilks@msn.com 2. Andrew Milks - 760-407-7931 -59895 Lucille Lane,Anza,CA 92539 - andrewmilks@gmail.com 3. 4. 5. 6. 7. 7) The name and contact information of any person who is managing or responsible for the MCCC activities: Name Telephone # Address Email Jonathan Milks- 951-595-2579- 59895 Lucille Lane,Anza,CA 92539-jkmilks@msn.com 2. Andrew Milks- 760-407-7931 - 59895 Lucille Lane,Anza,CA 92539- andrewmilks@gmail.com 3. 4. 5. 6. 7. 987441.1 8) The name and contact information of the on-site community relations or staff person or other representative to whom one can provide notice if there are operating problems associated with the MCCC: Name Telephone# Address Email 1. Andrew Milks - 760-407-7931 - 59895 Lucille Lane,Anza,CA 92539 - andrewmilks@gmaii.com 2. Jonathan Milks- 951-595-2579- 59895 Lucille Lane,Anza,CA 92539-jkmilks@msn.com 3. 9) An estimate of the size of the group of primary caregivers and/or qualified patients who will be served by the MCCC: # of Primary Caregivers 150 # of Qualified Patients 2500 Will delivery service be provided? Y N -Yes If yes, please describe the extent of the delivery service: Limited to individuals who have problems with reliable transportation. One delivery per trip,packed on permitted location,under cameras,logged into the system,and then driven straight to the members house. We expect this to be less than 1%of our business. We simply wish to make the option available for needy cases. 10) Will cannabis be cultivated on site? Y N - Yes If no, or if less than 100% of the cannabis will be grown on site, please provide the name and contact information of the person(s) who will be cultivating the cannabis: Name Telephone # Address Email Member Y/ N 1. N/A 2 3. 4. 5. 6. • 7. 987441.1 11) The names and addresses of any employees, if any, and a statement as to whether • such person(s) has or have been convicted of a crime(s), the nature of such offense(s), and the sentence(s) received for such conviction(s). Sentence 1. Jonathan Milks- No Convictions 2, Andrew Milks -No Convictions 3, Natalie Ferrell - No Convictions 4. 5. 6. 7. The following information shall be submitted on one sheet of white paper no less than 11x17 inches and no larger than 24x36 inches. The information must be legible and reproducible. In addition to the paper document, an electronic file in PDF format may be submitted on compact disc (CD). • 1) An accurate site plan and floor plan of the premises that clearly labels all the use of areas on the premises, including (1) doors (2) entrances (3) windows (4) use of each area, including (5) storage (6) cultivation areas (7) exterior lighting fixtures (8) security cameras (9) restrooms (10) signage and (11) parking (including other tenant spaces if the MCCC is proposed for a multi-tenant building site). 2) Photographs of the existing site that show the front, back and sides of the building, lighting, parking, etc. 3) A security plan that includes the following: a. Security cameras that have been installed and maintained in good working condition, and used in an on-going manner with at least 240 continuous hours of digitally recorded documentation in a format approved by the City Manager. Please provide the number of security cameras and list the areas covered by each. The areas to be covered by the security cameras include, but are not limited to (1) the storage areas (2) cultivation areas (3) all doors (4) all windows, and (5) any other areas as determined by the City Manager. b. A reliable and commercial alarm system that is operated and monitored by a lawfully operating security company or alarm business. Please provide the name and contact information of the security camera monitoring company. C. Properly illuminated windows and doors that are in compliance with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc. (Applicants may be required to secure the necessary approvals and permits.) 987441.1 4) A copy of the deed, lease, contract, or other document governing the terms and conditions • of occupancy of the MCCC. 5) Suitable evidence of proof of lawful presence or residence in the city of Palm Springs (examples of this may include a copy of the applicant's current drivers license or a current ty bill . utility copy of a t ) 6) A notarized acknowledgement from the owner of the property, if the applicant is not the owner, that a MCCC will be operated on his/her property. 7) A copy of the MCCC's articles of incorporation or articles of organization. 8) Evidence of authorization to do business as a non-profit within the State. CERTIFICATIONS AND DECLARATIONS 1) 1 declare under penalty of perjury, under the laws of the State of California, that all statements contained in this application and any accompanying documents is true and correct, with full knowledge that all statements made in this application are subject to investigation and that any false or dishonest answer to any question may be grounds for denial of the application or subsequent re ovation f the permit. Signature: Date. 6/10/2014 Signa UI . 11�-s Date: 6/10/2014 • 2) 1 expressly authorize the City Manager of the City of Palm Springs to seek verification of the including but not limited to a comprehensive review information contained within this application, g p this review may include verification of m personal social of m background. I understand that i s y Y y 9 security number, credit reports, current and previous residences, employment history, education from an criminal justice agency in an or all and criminal history records o background, civil a ry Y J 9 Y Y federal, state, ounty jurE riving records, birth records, and any other public records. Signature: Date: 6/10/2014 Sig ture: - Date: 6/10/2014 3) I have received, read, reviewed, and understand all of the requirements of the City of Palm Springs regarding the operation and management of medical cannabis cooperatives and collectives in the City, including without limitation the provisions of Chapters 3.35 and 5.35 and Section 93.23.15 of the Palm Springs Municipal Code, and I acknowledge that I am required to fully comply with these provisions. I also acknowledge that failure to comply with any of these requirements may subject me to administrative fines, criminal sanctions, and other penalties as provided in the Palm Springs Municipal Code, including suspension or termination of my permit to operate a #dical can abis cooperative or collective in the City. Signatur ✓ ate: 6/10/2014 • Si re: t, k S Date: 6/10/2014 987441.1 ry � !aa' The following items must be completed and accompany the Medical Cannabis Cooperative / Collective Application (MCCC). Please check off each item to ensure completeness. 1) Original completed application and $ 7,500 deposit fee. ❑ 2) An accurate site plan and floor plan of the premises that clearly labels all the use of areas on ❑ the premises, including (1) doors (2) entrances (3) windows (4) use of each area, including (5)storage (6) cultivation areas (7) exterior lighting fixtures (8) security cameras (9) restrooms (10) signage and (11) parking (including other tenant spaces if the MCCC is proposed for a multi-tenant building site). 3) Photographs of the existing site that show the front, back and sides of the building, lighting, ❑ parking, etc. 4) A security plan that includes the following: ❑ a. Security cameras that have been installed and maintained in good working condition, and used in an on-going manner with at least 240 continuous hours of digitally recorded documentation in a format approved by the City Manager. Please provide the number of security cameras and list the areas covered by each. The areas to be covered by the security cameras include, but are not limited to (1) the storage areas (2) cultivation areas (3) all doors (4) all windows, and (5) any other areas as determined by the City Manager. • b. A reliable and commercial alarm system that is operated and monitored by a lawfully operating security company or alarm business. Please provide the name and contact information of the security camera monitoring company. G. Properly illuminated windows and doors that are in compliance with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc. (Applicants may be required to secure the necessary approvals and permits.) 5) A copy of the deed, lease, contract, or other document governing the terms and conditions of ❑ occupancy of the MCCC. 6) Suitable evidence of proof of lawful presence or residence in the city of Palm Springs ❑ (examples of this may include a copy of the applicant's current driver's license or a current copy of a utility bill). 7) A notarized acknowledgement from the owner of the property, if the applicant is not the ❑ owner, that a MCCC will be operated on his/her property. 8) A copy of the MCCC's articles of incorporation or articles of organization. ❑ 9) Evidence of authorization to do business as a non-profit within the State. ❑ • 987441.1 Pwpceal Agra W x 1Y l7(Beauty Caren Wammp)— ' ]5'x IBu4ea Nate) t Q q O IL :INn r n e Giry or R � �I � -� Cndn GM lsn,eel tale � p�g P-al s X .� Al (4 GrvM U + : z _ r r U E� '�. =• ' PA eye@ - f L PoverMtle Ceurtgy lLMA GIS �attL�[a -+K 1 r • I I AEI PIMI(I l z CYaM1Y Wt. p 0 O O G A LHA I �� s�sacena 17v1 J Grtne anew, rnnmtM omre Fo sywb Uiw Hub IR12M H Bidet R®®lent a'. Z • W En � �Q WM,Room I j _ •\ M19 WII - Pm¢vg O RYI Clan L'na(w Mtl W) O % 0.auirg Bean Chan vy 0'aY aren Eery 1 Eroa•rRremrs Men wal�area GaMJ Orrve aPPmacn � '. xAxtr 10114 } Clem Rel i M Uw FMxgoom Y2 Flw,er RamYt VaPtaG.e Stae 7 2Ya15' I5.15' IS'x15' Q F u (Inwlffie.bturw&M. _. Pn U Z �wd PA `uw� Site Plan s 1'zw N No Proposed Second Floor Proposed First Floor srMa tra=r s as tie•=r Legend __ REVISIONS E,wirp wooa+mmal wMM Pmpaew malt Mm wsM —Fxnlitg egacranle(meM4MaE)�'i • � i PtWeaed CMUrall ladq 9mW1 r� Ile..ysearcylxae ~� sen.iry caea SHEET p s ruyln Preliminary A 1 D & R Select Construction, Inc. Estimate • 750 Eugene Road Palm Springs, CA 92264 DATE ESTIMATE NO. (760)325-8231 Fax (760) 325-0333 6/9/2014 0232 License#792850 NAME/ADDRESS Milks Andrew 2050 Executive Dr. Palm Springs CA 92262 DESCRIPTION TOTAL Tenant Improvements: 0.00 Property Located at 2050 Executive Rd. Palm Springs CA 92264 The below rough estimate will be to complete phases of Tenant improvements to the property. Please Note: Prices and Items are subject to change based on the City's approved plans. Rough-ELECTRICAL-New sub panel, all rough wiring, receptacles and special Halogen lights for 20,000.00 Cultivation. Rough-FRAMING-All Interior rooms and partition walls 10,000.00 Rough-INSULATION-as needed per plans- Doors and Windows 8,000.00 Rough-DRYWALL- Drywall, Tape, Texture 8,000.00 FIRE SPRINKLERS ???- Rough-Plumbing and Finished plumbing-New Shower 15,000.00 TILE- Misc.- Shower, Entry and bathroom 6,000.00 FLOOR FINISHES-Showroom-Options- Epoxy, Engineered wood, Tile or Vinyl 9,000.00 Prime and Paint all necessary areas throughout new construction 7,000A0 SECURITY SYSTEM- Multiple Cameras', Locks. Security bars on Doors and Windows 10,000.00 Handicapped accessibility- Parking 2,500.00 HVAC- Duct work/Multiple Splits 12.500.00 thank you for the opportunity to bid your project! TOTAL $108,000.00 $oil ` t Desert Alarm Inc. 11 r:;,DA "People you can trust" 1 Andrew Milks 2050 Executive Dr. Palm Springs,Ca. May 29 2014 Takeover existing Ademeo Alarm system and upgrade the following: 1—Vista 20 Main Control Panel 1—Back up Battery 3—Wireless Motion Sensors(Warehouse/Grow area) 1—Wireless Motion Sensor(Upper Loft area) 1—Wireless Motion Sensor(Clone Room) 1—Wireless Motion Sensor(Processing Room) ct 1—Wireless Motion Sensor(Dry Room) W-4 1—Wireless Motion Sensor(Safe Room) 1—Wireless Door Sensor(Safe Room) v 1—Wall Mount Keypad(Safe Room) • 1—GXMX Cellular Transmitter(Phone Back up) Installation Total Charge $1.675.00 plus tax Monthly monitoring to be$29.95(24 month agreement ) GSMX Cell Service$15.00 mo.(includes interactive services) We appreciate your consideration for Desert Alarm, Inc,Products and Services. Sincerely, Troy Clark $.,.) Accepted By: Date: �j Desert Alarm,Inc. DAI a Security Alarm Systems Company in the truest sense. Our staff of security alarm • V/ consultants and technical installation staff is committed to providing quality and timely technical security solutions and support. The Desert Alarm team is poised,as the premiere alarm systems provider for discriminating consumers and their increasing demands for state of the art security systems technology's as we enter into the third millennium. ♦73168 Hwy III♦ Palm Desert,CA 92260 ♦ (760)322-1562♦ Toll free(800)-726-1779♦ ♦Fax(760)-322-9113 ♦www.desertalarm.com • • IF � Desert Alarm Inc. 4 �DAI "People you can trust" I Brown Dog Farms 2050 Executive Dr. Palm Springs,Ca. May 29 2014 Page I of 2 �1 Interior Cameras: Hi Definition Infrared(day/night)Dome Cameras w/1080P resolution .And 2.8-12mm vari-focal lens. 4 Cameras @ Waiting Room and Entry Door 1 Camera @ Reception Area(Door and Computer) 1 Camera @ Hallway 2 Cameras @ Clean Hall& Main Work Area ct 1 Camera @ Showroom �l 1 Camera @ Clean Entry#t 1 Camera @ Clean Entry#2 ty 1 Camera @ Vegitative State Room • 1 Camera @ Flower Room#I 1 Camera @ Flower Room#2 2 Cameras @ Flower Room#3 VJ 1 Camera @ Safe Room U] 1 Camera @ Storage Room 1 Camera @ Dry Room 1 Camera @ Trimmimg Room 1 Camera @ Processing Room 2 Cameras @ Upstairs Offices 3 Cameras @ Upstairs(unmarked) Locations . . . Continued on page 2 • --- �j Desert Alarm,Inc. DAI a Security Alarm Systems Company in the truest sense. Our staff of security alarm V/ consultants and technical installation staff is committed to providing quality and timely technical security solutions • and support. The Desert Alarm team is poised,as the premiere alarm systems provider for discriminating consumers and their increasing demands for state of the art security systems technology's as we enter into the third millennium. ♦73168 Hwy I I I♦ Palm Desert,CA 92260 ♦ (760)322-1562♦ Toll free(800)-726-1779♦ ♦Fax(760)-322-9113 ♦www.desertalarm.com 11 t Desert Alarm Inc. , . cd : 11 , 1 �DA�I "People you can trust" Brown Dog Farms 2050 Executive Dr. ^^l Palm Springs,Ca. 1� June 6th 2014 Page 2 of 2 Exterior Cameras: Exterior Cameras: 2 Cameras @ Entry Door,Windows 1 Camera @ North Side of building covering Windows& Parking I Camera @ Chain Link Fence by Gate Entrance 2 Cameras @ Parking Lot(Chain Link Fence Perimeter) Mounting Poles,Trenching,Cabling,Conduit,etc. rt 2—16 Channel HD DVR'S for recording w/240 hours of continuous y y Recording(8 Terabyte of storage) • } 1—4 Hour Back up Battery power source. �^ 11 2—22"Flat Screen Color Monitors U] Power Supply,Cabling,Conduit,Connectors,etc. 1� Installation and set up for remote viewing to 1 Phone, I Pad. Laptop,etc. Total Charge$26,926.00 plus tax M r� �j Desert Alarm,Inc DAI a Security Alarm Systems Company in the truest sense. Our staff of security alarm V/ consultants and technical installation staff is committed to providing quality and timely technical security solutions and support. The Desert Alarm team is poised,as the premiere alarm systems provider for discriminating consumers and their increasing demands for state of the art security systems technology's as we enter into the third millennium. 073168 Hwy I I I♦ Palm Desert,CA 92260 ♦ (760)322-1562♦ Toll free(800)-726-1779♦ ♦Fax(760)-322-9113 ♦www.desertalarm.com • Security Lighting: We are installing security lights based on our Floor and Site Plan. They will be in compliance with the City's lighting standards regarding fixture type, illumination levels,wattage,and shielding. All necessary permits will be pulled by D&R Select Construction of Palm Springs. • COMMERCIAL REAL ESTATE LEASE This Lease Agreement (this "Lease") is dated May 22, 2014, by and between Ralph Coomber, ("Landlord"), and Brown Dog Farm Cooperative, Inc. ("Tenant"). The parties agree as follows: PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant the premises (the "Premises") located at 2050 Executive Drive, Unit A, Palm Springs, CA 92262. TERM. The lease term will begin May 23rd, 2014 and and will terminate 24 months later, with automatic one year renewals unless notice is provided by either party of intent not to renew, 90 days out. LEASE PAYMENTS. Tenant shall pay to Landlord monthly installments of$4,200.00, initially payable upon possession and then payable in advance on the first day of each month, for a total lease payment of$4,200.00. Lease payments shall be subject to a 4%annual adjuster to cover increases in the Landlord's expenses. Lease payments shall be made available to the Landlord for pick up at 2050 Executive Drive, Unit A, Palm Springs, CA 92262, or to whatever other address the Landlord shall provide. There will be a 10% late fee charge for lease payments made after the 5th day of each month. SECURITY DEPOSIT. At the time of the signing of this Lease, Tenant shall pay to Landlord, in trust, a security deposit of$4,200.00 to be held and disbursed for Tenant damages to the Premises (if any)as provided by law. POSSESSION. Tenant shall be entitled to possession on May 23rd, 2014 subject to the condition precedent outlined within this lease. The Tenant shall yield possession to Landlord on the last day of the term of this Lease, unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted. USE OF PREMISES. Tenant may use the Premises only for any and all lawful activity to be conducted by the tenant. The Premises maybe used for any other purpose only with the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. FURNISHINGS. The lease of the Premises includes the furnishings listed on the attached exhibit, if any. Tenant shall return all such items at the end of the lease term in a condition as good as the condition at the beginning of the lease term, except for such deterioration that might result from normal use of the furnishings. SPARKING. Tenant shall be entitled to parking spaces marked as Unit A, the line of spaces from the corner of the building space (north/east) and 40 feet going South, and proceeding straight to the fence. The asphalt traffic area is reserved for traffic and must be kept open. STORAGE. Tenant shall be entitled to store items of personal property in the premises during the term of this Lease. Landlord shall not be liable for loss of, or damage to, such stored items. PROPERTY INSURANCE. Landlord and Tenant shall each maintain appropriate insurance for their respective interests in the Premises and property located on the Premises. Landlord shall be named as an additional insured in such policies. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. Tenant is responsible for maintaining casualty insurance on its own property. LIABILITY INSURANCE. Tenant shall maintain liability insurance on the Premises with personal injury limits of at least $10,000.00 for injury to one person, and $10,000.00 for any one accident, and a limit of at least $250,000 for damage to property. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. • RENEWAL TERMS. This Lease shall automatically renew for an additional period of one year term per renewal term, unless either party gives written notice of termination no later than 90 days prior to the end of the term or renewal term. The lease terms during any such renewal term shall be the same as those contained in this Lease. MAINTENANCE. Landlord's obligations for maintenance shall include: -the roof, outside walls, and other structural parts of the building -the parking lot, driveways, and sidewalks, including snow and ice removal -the sewer, water pipes, and other matters related to plumbing -the electrical wiring -the air conditioning and swamp cooler are to be in good running condition at time tenant occupies the premises. -all other items of maintenance not specifically delegated to Tenant under this Lease. Tenant's obligations for maintenance shall include: - responsible for reasonable maintenance issues related to the operation of the cooperative • from the premises, within its four walls. Tenant not responsible for common areas, exterior except for signage, and parking areas. - All maintainence of air conditioning and swamp cooler units. Repleacement of air conditioners when necessary. UTILITIES AND SERVICES. Landlord shall be responsible for the following utilities and services in connection with the Premises: - other services as needed that are not the direct responsibility of the Tenant. Tenant shall be responsible for the following utilities and services in connection with the Premises: - electricity - water and sewer - heating - garbage and trash disposal -janitorial services -telephone service - septic tank Tenant acknowledges that Landlord has fully explained to Tenant the utility rates, charges and services for which Tenant will be required to pay to Landlord (if any), other than those to be paid directly to the third-party provider. TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as follows: . REAL ESTATE TAXES. Landlord shall pay all real estate taxes and assessments for the Premises. PERSONAL TAXES. Landlord shall pay all personal taxes and any other charges which may be levied against the Premises but are not directly attributable to Tenant's use of the Premises. Tenant will pay all sales taxes (if any)that may be due in connection with lease payments. DESTRUCTION OR CONDEMNATION OF PREMISES. If the Premises are partially destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use of the Premises in a normal manner, and if the damage is reasonably repairable within sixty days after the occurrence of the destruction, and if the cost of repair is less than $250,000.00, Landlord shall repair the Premises and a just proportion of the lease payments shall abate during the period of the repair according to the extent to which the Premises have been rendered untenantable. However, if the damage is not repairable within sixty days, or if the cost of repair is $250,000.00 or more, or if Landlord is prevented from repairing the damage by forces beyond Landlord's control, or if the property is condemned, this Lease shall terminate upon twenty days' written notice of such event or condition by either party and any unearned rent paid in advance by Tenant shall be apportioned and refunded to it. Tenant shall give Landlord immediate notice of any damage to the Premises. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease • obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days)after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Landlord's rights to damages. In the alternative, Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages, and expenses (including reasonable attorney fees and expenses) suffered by Landlord by reason of Tenant's defaults. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such sums or charges are designated as "additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. HOLDOVER. If Tenant maintains possession of the Premises for any period after the termination of this Lease("Holdover Period"), Tenant shall pay to Landlord lease payment(s) during the Holdover Period at a rate equal to the normal payment rate set forth in the Renewal Terms paragraph. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall have the obligation to conduct any construction or remodeling(at Tenant's expense) that may be required to use the Premises as specified above. Tenant may also construct such fixtures on the Premises (at Tenant's expense)that appropriately facilitate its use for such purposes. Such construction shall be undertaken and such fixtures may be erected only with the prior written consent of the Landlord which shall not be unreasonably withheld. Tenant shall not install awnings or advertisements on any part of the Premises without Landlord's prior written consent. At the end of the lease term, Tenant shall be entitled to remove(or at the request of Landlord shall remove) such fixtures, and shall restore the Premises to substantially the same condition of the Premises at the commencement of this Lease. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees, tenants or workers. However, Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent. During the last three months of this Lease, or any extension of this Lease, Landlord shall be allowed to display the usual "To Let" signs and show the Premises to prospective tenants. INDEMNITY REGARDING USE OF PREMISES. To the extent permitted by law,Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may sutler or incur in connection with Tenant's possession, use or misuse of the Premises, except Landlord's act or negligence, and only if Tenant's use does not comply with the requirements approved by the City of palm Springs and the State of California. COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws, ordinances, requirements and regulations of the state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant shall not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature, should a regulatory agency require such to be in compliance with such regulations. MECHANICS LIENS. Neither the Tenant nor anyone claiming through the Tenant shall have the right to file mechanics liens or any other kind of lien on the Premises and the filing of this Lease constitutes notice that such liens are invalid. Further, Tenant agrees to (1)give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2)take whatever additional steps that are necessary in order to keep the premises free of all liens resulting from construction done by or for the Tenant. CONDITION PRECEDENT: There shall be a condition precedent to the Tenant's full liability for the two year term, said condition being the approval of the City of Palm Springs of the Tenant's Business Plan and the issuance of a license to operate. In the unlikely event that the tenant is denied a license, any rents paid up to the failure of this condition, if any, and the Security Deposit of$4,200 shall be forfiet and serve as liquidated damages. When the afrementioned license is granted, the condition precedent shall be deemed satisfied and the leasehold will be in full force and effect. NOTICE. Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows: LANDLORD: Landlord Name 2050 Executive Drive - Unit A Palm Springs, CA 92262 TENANT: Brown Dog Farm Cooperative, Inc. 300 Carlsbad Village Drive#187 Carlsbad, CA 92008 Such addresses may be changed from time to time by either party by providing notice as set forth above. Notices mailed in accordance with the above provisions shall be deemed received on the third day after posting. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of California. • ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable,then such provision shall be deemed to be written, construed, and enforced as so limited. WAIVER. The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns. VENUE: California, choice of venue rreasonable to both parties. LANDLORD: Ralph Coomber, Landlord By: Date: May 22,2014 TENANT: Brown Dog Farm Cooperative,Inc. By: Date: May 22, 2014 ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement consms the entire agreement of the parties and there are no other paomuses,conditions,understandings or other agreements,whetter oral or writen,Misting to the subject marry of this Lease. This Lease may be modified or amended in writing,if the writing is signed by the party obligated under the amendment SEVERABIL.ITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason,the remaining provision,shall continue to be valid and enforceable. If a court fimds that any provision of this Lease is invalid or unenforceable,but that by limiting such provision,it would become valid and enforceable,then such provision shall be deemed to be written, construed,and enforced as so limited. WAIVER. The f it re of either party to enfxm any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel stria compliance with every provision of this Lease. BINDING EFFECT. The provisions of this Lease shall be binding upon and more to the benefit of bads parties and their respective legal representatives,successors and assigns. VENUE:California,choice of venue rreasonable to both parties. Ralph Caombec,Landlord BY.-. 4440V Date_May 22,2014 Lr, .A toecQ TENANT: Brown Dog Farm Cooperative,Imo. Date:May 22 2014 ..dreu i \KS rC S i d�uan f CALIFORNIA DRIVER LIC DL D375149 CLASS EXP 01/15/2015 END NONE LN MILKS FN ANDREW JONATHAN 300 CARLSBAD VILLAGE DRIVE187 CARLSBAD. CA 92M Doe 01/15/1986 RSTR NONE 01181�M SEX M EYES MGT 4'4r wro A5 1 VDo4WrM3$?2A6XCFD0+6 � • F—CALIFORNIA DRIVER LICENSE u_ B7510170 CLASS C exp 12/31/2015 FND NONE 1 N MILKS FN JONATHAN K 300 CARLSBAD VILLAGE DR APT 101A CARLSBAD, CA 92008 DOB 12/31 !1943 s RSTR CORR LENS 12311943 ~ti 16ua SEX M HMO EYES Ha - HGT 6'41- WGT U31b ISS DD 01g1@6/167614SB IS f1Rb'2011 l • Brown Dog Farm Cooperative, Inc. 2050 Executive Drive Unit A Palm Springs,CA 92262 May 28'h, 2014 Affidavit of Awareness and Consent I, Ralph Coomber, have leased 2050 Executive Drive Unit A, Palm Springs,CA 92262 to Brown Dog Farm Cooperative, Inc. I fully understand that Brown Dog Farm intends to operate a permitted Medical Cannabis Cooperative (MCCC)under the current Palm Springs Medical Cannabis Ordinance. I approve of this use and wish to convey my full support for Brown Dog Farm. Sincerely, Ralph Coomber,Landlord Witnessed,this -50 of MP-i , 2014,by G- -WK40i )O The affiant has produced a proper government issued ID such as a DL, and has verified his identity to me. Notary Public and Date �KLESE. ALLEN Barrister&Solicitor 480'r'erth St, COurtenayPC V9N iP5 Place Notary Stamp Here----> 3532958 FILED/� �� ARTICLES OF INCORPORATION Secretary Of Stdo ofCalffomia DEC 21 2012 The name of this corporation is Brown Dog Farm Inc I I A. This corporation is a nonprofit PUBLIC BENEFIT CORPORATION and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for: ❑public purposes. or ❑charitable purposes. or ©public and charitable purposes. B. The specific purpose of this corporation is to: Farm Cooperative The name and address in the State of California of this corporation's initial agent for service of process is: Name Jonathan Milks Address 300 Carlsbad Village Drive Suite 187 . City Carlsbad State CALIFORNIA Zip 92008 IV A. This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501(c)(3), Internal Revenue Code. B. No substantial part of the activities of this corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office. V The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of a , private person. Upon the dissolution or winding up of the corporation, its assets remainin� lafter payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501(c)(3) Internal Revenue Code. 7 Lynique Ch rles, Incorporator • • ACTION BY WRITTEN CONSENT OF SOLEINCORPORATOR OF BROWN DOG FARM INC A(N) CALIFORNIA CORPORATION The undersigned, being the sole incorporator of Brown Dog Farm Inc, a(n) California corporation (the "Corporation"), and acting pursuant to the provisions of the applicable California law authorizing the sole incorporator to elect the directors if the initial directors have not been named in the Articles of Incorporation (the "Articles"), hereby takes the following action and adopts the following resolutions: APPOINTMENT OF BOARD OF DIRECTORS RESOLVED, that the following individuals be, and they hereby are, appointed as the directors of the Corporation,effective as of the date hereof: Jonathan Milks Andrew Milks RESIGNATION OF INCORPORATOR RESOLVED, that the undersigned, having appointed the board of directors of the Corporation, hereby resigns as the sole incorporator of the Corporation, effective as of the date • hereof. IN WITNESS WHEREOF, the undersigned has executed this Action by Sole Incorporator, effective as of the 141h day of February 2013. Lynique iarles of ncorporator