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9/3/2014 - STAFF REPORTS - 5
Copy 8 of 10 • APPLICATION OF OASIS WELLNESS AND LIVING COLLECTIVE TO THE CITY OF PALM SPRINGS FOR LICENSE TO OPERATE A MEDICAL CANNABIS COLLECTIVE • BROOKE LAW GROUP Michele Brooke, Esq. . June 16, 2014 Office of the City Clerk 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Re: Application of Oasis Wellness and Living Collective To the City Clerk, Oasis Wellness and Living Collective ("Oasis") is pleased to submit its application for consideration for the available license to operate a Medical Cannabis Collective in the city of Palm Springs. The applicant, Laila Nabhi, owner of Oasis, is uniquely qualified to run a collective in Palm Springs, having previously run and operated a successful, collective in the past. Ms. Nabhi is well aware of the legal requirements to run a collective, and is willing to follow California laws, the Attorney General guidelines, the Palm Springs ordinances, and will be respectful of federal concerns, as outlined in the Cole Memorandum. Please note regarding the security system plan requirement to this application; because of the expense, a security company has not yet been contracted with by Ms. Nabhi. Instead, at tab number 4, you will find the company Oasis will use for security, and from whom she will purchase a security system, should Oasis be the successful applicant. The proposed security plan for camera location is based on Ms. Nabhi's past experience as a collective owner and operator. If you should require any additional information please contact Ms. Nabhi or myself at (626) 375-6702. Thank you for your consideration. Sincerely, 1 Michele Brooke, Esq. Attorney for Oasis Wellness and Living 225 S. Lake Avenue, Suite 300 Pasadena, CA 91101 Tel. 626.375-6702 ♦ Fax 626.389.5463 ♦ Email: BrookeLawGroun(i�gmail.com TABLE OF CONTENTS Oasis Wellness and Living Collective Medical Cannabis Collective Application Presented to the City of Palm Springs Tab # Description 1. Application 2. Site Plan and Floor Plan 3. Photos of the existing site area 4. Security Plan 5. Lease for MCCC Property 6. Evidence of Lawful presence in Palm Springs. 7. Notarized acknowledgment of Property Owner 8. Articles of Incorporation 9. Evidence to authorization to do business as a non-profit within the State of California 10. O4 PIi.IM s,A*i . CITY OF PALM SPRINGS Office use Only u. Office of the City Manager Case No: • *� a * I Initials: `C�UFOAN�!* 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. 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 Tahquilz 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'/2 x 11 paper using either MS Word or text-readable PDF format: 1) Address of the MCCC: 4810 East Camino Parocela, Palm Springs, CA 92264 • *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: 2200 sf 680-101-032 Unknown Assessor's Parcel # Zone: M-1 Section/Township/Range_I_I General Plan Industrial HoursofOperation 9 : 00a.mtp 7 : 00 p.m. If the MCCC is in a Multi-Tenant Building, please list other Businesses: N/A Business Name Business Type 1. 2. 3. • 987441.1 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 Laila Nabhi 65903 Acoma Ave. Desert Hot Springs, CA 92240 owlps@hotmail.com Residential # Business # Cell # Facsimile # (760) 902-9922 (760) 288-5788 Same N/A 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 Michael Hoffman 650 S. Eugene Rd. Palm Springs None Residential # Business# Cell # Facsimile # (760) 327-3337 5) The names and contact information of every person(s) who has a financial interest in the MCCC: Name Telephone# Address Email 1. Laila Nabhi (760) 902-9922 65903 Acoma Ave. Desert Hot Springs, CA }�C Email: owlps@hotmail .com 3. • 4. 987441.1 5. 6. • 7. 6)The names and contact information of every principal officer, director, and/or operator: Name Telephone # Address Email Laila Nabhi (760) 902-9922 4810 E. Camino Parocela, Palm Springs, CA 1. Email : owlps@hotmail.com 2 ,,. Kayla Nabhi (760) 288-5788 4810 E. Camino Parocela, Palm Springs, CA Y ( Email: owlps@hotmail .com 3 .$. David Webb, Jr. (760) 902-4511 4810 E. Camino Parocela, Palm Springs, CA &x Email: owlps@hotmail .com 7. 7) The name and contact information of any person who is managing or responsible for • the MCCC activities: Name Telephone# Address Email 1 Laila Nabhi (760) 902-9922 4810 E. Camino Parocela, Palm Springs, CA 1pr Email: owlps@hotmail.com 3. 4. 5. 6. 7. • 997441.1 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 Laila Nabhi (760) 902-9922 4810 E. Camino Parocela, Palm Springs, CA $ Email : owlps@hotmail.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 200 with projected 20% increase annually # of Qualified Patients 1800 with projected 20% increase annually Will delivery service be provided? Y N If yes, please describe the extent of the delivery service: Delivery service will be made to qualified patient members who require delivery service. ahis inciuctes qualitied patient members wrio are receiving medical services in adult residential care facilities, hospice • patients and patients in elder care facilities . 10) Will cannabis be cultivated on site? Y N 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 Dante Gardner (760) 464-8532 4599 E. Ramon Road Palm Springs, CA 92264 $a{ Email: dagardnerl3®gmail .com 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). No employees have been hired. Name Address Offense Type (if any) Sentence 1. 2. 3. 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 copy of a utility bill). 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 revoc ion of the perrilt. ' r Signature: - Date: /(off/� Signature: Date: • 2) 1 expressly authorize the City Manager of the City of Palm Springs to seek verification of the information contained within this application, including but not limited to, a comprehensive review of my background. I understand that this review may include verification of my personal social security number, credit reports, current and previous residences, employment history, education background, civil and criminal history records from any criminal justice agency in any or all federal, state, co?91 jurisdictions, riving records, birth recor s, and any other public records. Signature: Date: — Signature: Date: 3) 1 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 me ' I cannabis coo era ive or collective in the City.. ) 1 Signature- Date: • Signature. Date: 997441.I INO OCELA (HANUMAP PARXI..) (xano'car:+.iR.R]:.G� PALMS RINGS CAR2264 (�DR (Pd4ENT - (E%IER{04 (E%nRIOR UGH!) - ENTRANCE) IIOMT) U6NT) UUNT)IE0. LLOHn lk 1� (RESTROON) rA,f P (uml (PTIIEXT LNTARF AR") II F (Ct&T ATmx AREA) (tacXEo 1 (LOCK [GARAGE) (�mAiiaRXwl - / SECYNIEY,bOOR) E ��r ) LOCH till (eaEAX ROOM) _ (PAnENT INRRYR1Yl OEFICE) _ `y r 9G (SEOG DOOR) IS DOOR) (IODNNb1 (EX:ERIOP (ep(Q( SENNIil�000R) CGRTI � (ewlxxmp � -� � - ( Axoft EMERGENCY EXIT (EMERGENCY$ (ll[tOIIOR '%TERIOR \ " UGNf) __SHT InwW PEu) (STORAGEI' EMRbYEE ENTPANL'EI E PwvEEE NtE) IFYXER[�Plil IVNKua�urtl, (LOCKED/ SECYRiEY DOOR) (EMEREOR ( R10R UGNT) 1 soxx t: GxTF.: v ,�rn�ur�ax ossPcnstw A smuuum.) (PAn6 PARNIXO) P (NEOIGnON OESPEMS[MO AREA) EMPLOYEE PARX]NG) (IX RtOft uGxq (ExwmOR (tocxeo �_ uaI GEeua oode7 �. - [PATEEIR EXIT) [EX OR GHr)U LFNt) GHn �(r�nwr wrl J \� • �E' CT S�f]�i,a PL dT gyp, 555«m 5 .,ix.. , '7777777 ]77L 1 7777' 7 4 i5555555� i1 757555 <, LLLC C 75« tL L L LLL' �LL ' 7' 'Sr5�555�755 I �r �:' 1 �i55555575 777577777 r- L E I-LEI rB 7777;55��' � , 55555 �. I ' 777777777 �CS��LSLSS � <—T V <'61 4 If ; F i 1r I MR 19'1 YM 130 y'S enn,,:'4c 111 4 uy©KHO Am An F ;a I d T + I F l I ' e I �- '�.. ., is ._ ,. ,. ... ... .,..,,.• .. . 6/15I2014 4810E Garrido Parocela-Google Maps 4810 E Camino Pam a st,e View O nL u n 3 � y � n Cockrep F w Show!nclary + Crown Meet lL l}onnms 1 + I'rlrlagn un:naetam Parocela E Camino Parxela E Camino Parocela E Cam610 paroceia �4810 E Calpim Pawcela 5 Dew nooliep ValA,Springsury + 'n A,nnal fnnlnd aW+S�r atone D rn u � c � R � N 9 p A 6 6 A Q � m • � _'2 i vocr�lewntrowr shop a R � 3 D p n Wppso I'wl Cw stwn R _ Map dala®2014 Google WR https:/&W ..google.conVmaps/placd48lD+E+CarrinWParocelar@33.8137667;116.4938715,19z1dati3=!4nO3ml!1s0)BDd61c93a662cd95:0d7a27013fa6b8979 ill Page 1 • 1 OF 1 RECORD(S) FOR INFORMATIONAL PURPOSES ONLY Copyright 2014 LexisNexis a division of Reed Elsevier Inc.All Rights Reserved. Date: 6/14/2014 Location Information 4810 E CAMINO PAROCELA, PALM SPRINGS, CA 92264-0150 Address Variations-1 records found No. Address 1. 4810 E CAMINO PAROCELA PALM SPRINGS, CA 92264-1506 APN(s)-2 records found No. Number 1. 680-101-032 2. 680101032 Property Information-2 records found No. 1 Legal Description: .21 ACRES M/L IN POR PAR 1 PM 0011053 Land Usage: COMMERCIAL LOT Data Source: A • Property Sale Information Sale Date: 11/28/2012 Sale Price: $140,000.00 Assessment Information Assessed Land Value: $47,302.00 Assessed Total Value: $47,302.00 No. 2 Data Source: B Property Sale Information Sale Date: 11/28/2012 Sale Price: $140,000.00 Neighbors •4 records found Neighbor Name Neighbor Address Neighbor Phone JOHNSON.JARRETT J 4565 E CAMINO PAROCELA, PALM None Listed SPRINGS, CA 92264-1531 DOBBS, CHAD 4575 E CAMINO PAROCELA, PALM None Listed SPRINGS, CA 92264-1531 TROST,SALLY J 4785 E CAMINO PAROCELA, PALM None Listed SPRINGS,CA 92264-1507 RIDLER,SHEII.A 4790 E CAMINO PAROCELA,PALM None Listed SPRINGS,CA 92264-1506 Associated Entities-6 records found No. Current Owner(s)/Resident(s) Current Resident(s): 1. KUNZ,WILLARD D 2. PETERSEN, ESTHER M • Page 2 • 3. PALM SPRINGS CITY OF OtheHsI: 4. CITY OF PALM SPRINGS PARKS&RECREATION 5. CITY OF PALM SPRINGS ECONOMIC DEVELOPMENT 6. COACHELLA CITY Source Information -54 records found All Sources 54 Source Document(s) Business Finder 50 Source Document(s) DEA Controlled Substances Registrations 1 Source Document(s) Deed Transfers 1 Source Documents) Historical Person Locator 1 Source Document(s) Person Locator 2 1 Source Document(s) Key High Risk Indicator. These symbol. may prompt you to investigate further Moderate Risk Indicator. These symbols may pramPt you to investigate further vA General Information Indicator. These symbol. inform you that additional information in provided. JThe most recent telephone li.ting as reported by the EDA source Important. The Public Records and commercially available data sources used on report. have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State documents, the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state,e Department of State. Your DPPA Permissible Use is: Litigation Your GLBA Permissible Use is: Legal Compliance Copyright a 2014 Laxi.NGxi., a division of Reed Elsevier Inc. All Rights Reserved. • (S. 61 �m�� u I arwnet Id I I _ t 1, U moo 1810 E.Cl MIND A OCEL (HanoiuPPARKTN4) (NANDG NG IR VARKI ) PALM SPRINGS,CA 92264A (EXTERIOR (VATIENE (ETTIE ,. IE%LERIOR LIGHT) ENTRIINQI LLOMT) LIGHT) IE%1ERIOR LIGHT) a (RESTIOBN) (PATIENT INTAKE NRd) (CULTIVATION AREA( ( (GARAGE) E(LI UP YClI0.1Er im,c R) SECURITY 00011) (LOCRO (BREAK ROOM) (PATIENT INTERXI.OsIICE) SECURTIT ILOQED�� lE1RERIOR SECUKLT'E ODOR) SECURRMOOO.) LIGHT) (EXTERIOR (ENEIIGENCY E%IT (EMERGENCY EXIT�. (E%TERI0A (EXTERIOR LIGM) T i LIGHT( LIGHT) (STORAGI I.. EMRLOTEE ENTMNCE) lMRLOY![A NQ) tLOCkED, (EXTERTOR SECBRRV Damao) LIGHT) EXTERIOR Li4NrP (PATIENT PARKING) (MEDICATION DISPERSING AREA) (EMPLOYEE PARKING) (EXTERIOR iI. 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COME AND SEE OUR SHOW ROOM: 73-168 Hwy 111 Palm Desert,CA 92260 swalp v ACTIVATE YOUR SERVICE TODAY L NO LANOLK • htlp:/Mnw+.desertalarmcom4reet-tears' 6114'2014 Caaact Us Palm Springs Security Sy31em-Alarm Company-Desert Alarm -TM Contact Us Name Desert Alarm INC 73-168 Hwy 111 Phonenumber Palm Desert,CA.92260 - - - --- Email address Phone 760 3221562 Califomla Zip Office Phone 760 864 6455 Toll Free 800 7261779 Sales - - Join Out Mailing List Sign Up To Receive Specials and Home Safety Tips View Larger Map ''JOin SERVICEACTIVATE YOUR TODAY • CALL e ' r6 6455 PATROL r • t • ! NO LANDLINE NEEDED! VICE - -. it VIP - hVJA w..de-sertalarmcantdmsprings-smwity-sysbwV 1l2 • Gross Lease 1. Names This lease is made by Michael Hoffman (Landlord) and Oasis Wellness and Living Collective, a California corporation (Tenant). 2. Premises Being Leased Landlord is leasing to Tenant and Tenant is leasing from Landlord the following premises: 4810 East Camino Parocela Palm Springs, California 92264 3. Term of Lease This lease begins on May 1, 2014 and ends on April 30, 2015. 4. Rent Tenant will pay rent in advance on the first day of each month. Tenant's first rent payment will be on May 1, 2014. Tenant will pay rent of$2,250 per month for the entire term of • the lease. 5. Security Deposit Tenant has deposited$2,250 with Landlord as security for Tenant's performance of this lease. Landlord will refund the full security deposit to Tenant within 14 days following the end of the lease if Tenant returns the premises to Landlord in good condition (except for reasonable wear and tear)and Tenant has paid Landlord all sums due under this lease. Otherwise, Landlord may deduct any amounts required to place the premises in good condition and to pay for any money owed to Landlord under the lease. 6. Improvements by Landlord Tenant accepts the premises in "as is" condition. Landlord need not provide any repairs or improvements before the lease term begins. • Cross Lease—Page I of 7 7. Improvements by Tenant • Tenant may make alterations and improvements to the premises after obtaining the Landlord's written consent, which will not be unreasonably withheld.At any time before this lease ends, Tenant may remove any of Tenant's alterations and improvements, as long as Tenant repairs any damage caused by attaching the items to or removing them from the premises. 8. Tenant's Use of Premises Tenant will use the premises for the following business purposes: Medical Marijuana Collective dispensary and cultivation business. Tenant will also use the premises for purposes reasonably related to the main use. 9. Landlord's Representations Landlord represents that: A. At the beginning of the lease term,the premises will be properly zoned for Tenant's stated use and will be in compliance with all applicable laws and regulations. • B. The premises have not been used for the storage or disposal of any toxic or hazardous substance and Landlord has received no notice from any governmental authority concerning removal of any toxic or hazardous substance from the property. 10. Utilities and Services All utilities and services are the responsibility of Tenant. 11. Maintenance and Repairs A. Landlord will maintain and make all necessary repairs to: (1) the roof, structural components, exterior walls and interior common walls of the premises, and(2) the plumbing, electrical, heating, ventilating and air-conditioning systems. B. Landlord will regularly clean and maintain(including snow removal)the parking areas, yards and exterior of the building and remove all litter so that the premises will be kept in an attractive condition. C. Tenant will clean and maintain Tenant's portion of the building so that it will be kept in an attractive condition. • Gross Lease—Page 2 of 7 12. Iasurance • A. Landlord will carry fire and extended coverage insurance on the building. B. Tenant will carry public liability insurance; this insurance will include Landlord as an additional insured party. The public liability coverage for personal injury will he in at least the following amounts: • $1,000,000 per occurrence, and • $2,000,000 in any one year. C. Landlord and Tenant release each other from any liability to the other for any property loss,property damage or personal injury to the extent covered by insurance carried by the party suffering the loss, damage or injury. D. Tenant will give Landlord a certificate of insurance for all insurance policies that this lease requires Tenant to obtain. 13. Taxes A. Landlord will pay all real property taxes levied but not assessed against the premises. B. Tenant will pay all personal property taxes levied and assessed against Tenant's personal property. • 14. Subletting and Assignment Tenant will not assign this lease or sublet any part of the premises without the written consent of Landlord. Landlord will not unreasonably withhold such consent. 15. Damage to Premises A. If the premises are damaged through fire or other cause not the fault of Tenant, "Tenant will owe no rent for any period during which Tenant is substantially deprived of the use of the premises. B. If Tenant is substantially deprived of the use of the premises for more than 90 days because of such damage,Tenant may terminate this lease by delivering written notice of termination to Landlord. 16. Notice of Default Before starting a legal action to recover possession of the premises based on Tenant's default, Landlord will notify Tenant in writing of the default. Landlord will take legal action only if Tenant does not correct the default within ten days after written notice is given or mailed to Tenant. Gross Lease—Page 3 of 7 17. Quiet Enjoyment • As long as Tenant is not in default under the terms of this lease,Tenant will have the right to occupy the premises peacefully and without interference. 18. Eminent Domain This lease will become void if any part of the leased premises or the building in which the leased premises are located are taken by eminent domain.Tenant has the right to receive and keep any amount of money that the agency taking the premises by eminent domain pays for the value of Tenant's lease, its loss of business and for moving and relocation expenses. 19. Holding Over If Tenant remains in possession after this lease ends, the continuing tenancy will be from month to month. 20.Disputes If a dispute arises, the parties will try in good faith to settle it through mediation conducted by a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers' fees, will he allocated by the arbitrator. 21.Additional Agreements The parties agree that this agreement is conditional upon the acceptance of the City of Palm Springs of the application of Oasis Wellness and Living Collective to operate a medical marijuana dispensary and permit marijuana cultivation at the property. The parties agree that should the City of Palm Springs revoke the license of tenant Oasis Wellness and Living Collective during the leasehold period,the lease will terminate with one month's written notice to landlord. • C ross Lease—Page 4 of 7 22. Entire Agreement • This is the entire agreement between the parties. It replaces and supersedes any and all oral agreements between the parties, as well as any prior writings. 23. Successors and Assignees This lease binds and benefits the heirs, successors and assignees of the parties. 24. Notices All notices must be in writing.A notice may be delivered to a parry at the address that follows a party's signature or to a new address that a party designates in writing.A notice may be delivered: • in person • by certified mail, or • by overnight courier. 25. Governing Law This lease will be governed by and construed in accordance with the laws of the state of California. • 26. Counterparts This lease may be signed by the parties in different counterparts and the signature pages combined will create a document binding on all parties. 27. Modification This lease may be modified only by a written agreement signed by the parties. 28. Waiver If one party waives any term or provision of this lease at any time, that waiver will be effective only for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this lease, that party retains the right to enforce that term or provision at a later time. G ross Lease—Page 5 of 7 29. Severability i If any court determines that any provision of this lease is invalid or unenforceable, any invalidity or unenforceability will affect only that provision and will not make any other provision of this lease invalid or unenforceable and shall be modified, amended or limited only to the extent necessary to render it valid and enforceable. LANDLORD Dated: By: Mich a Hoffman 650 S. Eugene Road Palm Springs, California 92264 • TENANT Oasis Wellness and Living Collective, a California corporation 4810East Camino Parocela Palm Springs, California 92264 Dated: By: Laila Na i Owner Oasis Wellness and Living Collective Gross Lease—Page 6 of 7 GUARANTOR • In consideration of Michael Hoffman s signing the abo ve lease with Oasis Wellness and Living Collective, l personally guarantee the performance of all financial obligations of Oasis Wellness and Living Collective under this lease. Dated: / By: Laila Nabhi 4810 East Camino Parocela Palm Springs, California 92268 • Gross Lease—Page 7 of 7 Tab Six . Evidence of Lawful presence in Palm Springs. • Owner, Laila Nabhi, is a United State citizen, with no residency restrictions in any city or state within the United States. • Ms. Nabhi is a California resident. Ms. Nabhi is not a resident of Palm Springs, but is willing to move to Palm Springs if necessary, upon Oasis Wellness and Living Collective being granted a license to run Oasis in Palm Springs. She currently resides in nearby Desert Hot Springs. State of California Medical Marijuana Identification Car patient ID # 330793577 Toverify: www.calmmp-ca.gov Date of Expiration: c==. 04/17/2015 • - *' ' PvbiicHeaith z Riverside County � Department of Public Health 888-358-7932 0115374 -=- __ CALIFORNIA -= DRIVER LICENSE CLASS: C A 17:6231 LAILA USHA NABHI PO BOX 441 • $ THOUSAND PLMS CA 92276 up s SEX:F HAIR:BRN t HT:5-03 WT: 175 13�7db- 1 03/01/2010 523 C2 rD/14 • raTUB+DEPARTMENT OF THE TREASURY 11�J INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 0 Date of this notice: 06-12-2014 Employer Identification Number: 47-1092276 Form: SS-4 Number of this notice: CP 575 A OASIS WELLNESS AND LIVING INC 4810 E CAMINO PAROCELA PALM SPRINGS, CA 92264 For assistance you may call us at: 1-800-629-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN) . We assigned you SIN 47-1092276. This SIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your SIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one SIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. Based on the information received from you or your representative, you must file the following form(s) by the date(s) shown. Form 1120 06/12/2014 After our review of your information, we have determined that you have not filed tax returns for the above-mentioned tax period(s) dating as far back as 2012. Please file your return(s) by 06/27/2014. If there is a balance due on the return(s) , penalties and interest will continue to accumulate from the due date of the return(s) until it is filed and paid. If you were not in business or did not hire any employees for the tax period(s) in question, please file the return(s) showing you have no liabilities. If you have questions about the form(s) or the due date(s) shown, you can call us at the phone number or write to us at the address shown at the top of this notice. If you need help in determining your annual accounting period (tax year) , see Publication 538, Accounting Periods and Methods. We assigned you a tax classification based on information obtained from you or your representative. It is not a legal determination of your tax classification, and is not binding on the IRS. If you want a legal determination of your tax classification, you may request a private letter ruling from the IRS under the guidelines in Revenue Procedure 2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue) . Note: Certain tax classification elections can be requested by filing Form 8832, Entity Classification Election. See Form 8832 and its instructions for additional information_ IMPORTANT INFORMATION FOR S CORPORATION ELECTION: If you intend to elect to file your return as a small business corporation, an election to file a Form 1120-S must be made within certain timeframes and the corporation must meet certain tests. All of this information is included in the instructions for Form 2553, Election by a Small Business Corporation. (IRS USE ONLY) 575A 06-12-2014 OASI B 9999999999 SS-4 If you are required to deposit for employment taxes (Forms 941, 943, 940, 944, 945, CT-1, or 1042) , excise taxes (Form 720) , or income taxes (Form 1120) , you will receive a Welcome Package shortly, which includes instructions for making your deposits electronically through the Electronic Federal Tax Payment System (EFTPS) . A Personal Identification Number (PIN) for EFTPS will also be sent to you under separate cover. Please activate the PIN once you receive it, even if you have requested the services of a tax professional or representative. For more information about EFTPS, refer to Publication 966, Electronic Choices to Pay All Your Federal Taxes. If you need to make a deposit immediately, you will need to make arrangements with your Financial Institution to complete a wire transfer. The IRS is committed to helping all taxpayers comply with their tax filing obligations. If you need help completing your returns or meeting your tax obligations, Authorized a-file Providers, such as Reporting Agents (payroll service providers) are available to assist you. Visit the IRS Web site at www.irs.gov for a list of companies that offer IRS a-file for business products and services. The list provides addresses, telephone numbers, and links to their Web sites. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. IMPORTANT R13EMDMtS: • Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. • Use this BIN and your name exactly as they appear at the top of this notice on all your federal tax forms. • Refer to this BIN on your tax-related correspondence and documents. If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. If you do not need to write us, do not complete and return the stub_ Your name control associated with this EIN is OASI. You will need to provide this information, along with your EIN, if you file your returns electronically. Thank you for your cooperation. (IRS USE ONLY) 575A 06-12-2014 OASI B 9999999999 SS-4 • Keep this part for your records. CP 575 A (Rev. 7-2007) ---------------------------------------------------------------------------------------------- Return this part with any correspondence so we may identify your account. Please CP 575 A correct any errors in your name or address. 9999999999 Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 06-12-2014 ( ) - EMPLOYER IDENTIFICATION NUMBER: 47-1092276 FORM: SS-4 NOBOD INTERNAL REVENUE SERVICE OASIS WELLNESS AND LIVING INC CINCINNATI OH 45999-0023 4810 E CAMINO PAROCELA PALM SPRINGS, CA 92264 • Acknowledgment of Property Owner I, Michael Hoffman, am the owner of the real property located at 4810 East Camino Parocela, Palm Springs, CA 92264 ('Property"). The Oasis Wellness and Living Collective, ("MCCC") has, through its owner, Laila Nabhi, requested to lease the Property. I have knowledge the Property is intended to be used as a medical cannabis collective dispensary and cannabis collective site and authorize this activity on the premises. �^ Date: B Y: Mich STATE OF CALIFORNIA ) COUNTY OF D SS ) ) t 7 On before me Richard W.Martin Notary Nola Pubgo • Notary, personally appeared f 4/L#4�5 L by rG�, ho proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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) - - - - - - - - - - - - - - - - - - - - RICHARD W. MARTIN • t,�+�y, Commission # 19931 Notary Public- i California i Riverside County > My Comm. Expires Nov 2, 2018 it 3357826 ' ARTICLES OF INCORPORATION ENDORSED - FILED in the office of the Secretary of State of of the State of California JAN 2 7 2011 Oasis Wellness & Living Inc. I The name ofthis corporation is: Oasis Wellness & Living Inc. II A. This Corporation is a nonprofit MUTUAL BENEFIT CORPORATION organized under the Nonprofit Mutual Benefit Corporation Law.The purpose of this corporation is to engage in any lawful act or activity,other than credit union business,for which a corporation may be organized under such law. B. The specific purposes for which this corporation is organized are: To facilitate and coordinate with qualified patient members and primary caregivers produ- cing medical cannabis in accordance with the definitions set forth in California SB420 and Health & Safety Code Section 11362.7, Saidcorporation is organized exclusively forcharitable,religious,educational,and scientific purposes, including,for such purposes,the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3)ofthe Internal Revenue Code,or the corresponding section of any future federal tax code. No part of the net earnings of the corporation shall inure to the benefit of,or be distributable to its members,trustees,officers,or other private persons,except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth inArticle Two hereof.No substantial part of the activities ofthe corporation shall bethe carrying on of propaganda,orotherwise attemptingto influence legislation,and the corporation shall not participate in,or intervene in(including the publishing or distribution of statements)any political campaign on behalfofor in opposition to any candidate for public office.Notwithstanding any other provision ofthese articles,the corporation shall not carry on any other activities not permitted to be carried on(a)by a corporation exempt from federal income tax under section 501(c)(3)ofthe Intemal Revenue Code,or the corresponding section of any future federal tax code,or(b)by a corporation,contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code,or the corresponding section of any future federal tax code. III • The name and address in the State of California of this corporation's initial agent For service or process is: LailrtU.Nabhi 4525 E. Camino Parocela Palm Springs,CA 92264 IV Notwithstanding any of the above statements of purposes or powers,this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purposes of this corporation. V Upon the dissolution of the corporation,assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3)ofthe Internal Revenue Code,or the corresponding section ofany future federal tax code,or shall be distributed to the federal government,or to a state or local government,fora public purpose. Any such assets not so disposed of shall be disposed of by a Court ofCompetent Jurisdiction ofthe county in • which the principal office ofthe corporation is then located,exclusively for such purposes or to such organization or organizations,as said Court shall determine,which are organized and operated exclusively for such purposes. Hubbard,Inc. -Incorporator Bruce B.Hubbard,President iauFl� c .oing L*.i<and correct copy of the �ry.nal r cr 7.n q,,custody of[i, sarzn sot-vcr�.s ;:�et�ry or st,_P BROOKE LAW GROUP Michele Brooke, Esq. • June 12, 2014 Office of the City Clerk 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Re: Application of Oasis Wellness and Living Collective: Evidence of authorization to do business as a non-profit within the State of California To the City Clerk, Oasis Wellness and Living Collective ("Oasis") provides the following as evidence that it is authorized to do business as a non-profit in the State of California. Oasis is a duly formed mutual benefit non-profit organization formed under California Corporations Code § 7130, et seq. Oasis, does not currently have a business license to engage in storefront dispensary activity in any city in California, and is not engaged in such activity. Neither Oasis, nor its owner, Laila Nabhi, has ever been enjoined from engaging in any non-profit collective activity through any civil or criminal proceeding/judgment. Laila Nabhi is a medical marijuana patient with a valid recommendation by her physician to use, possess, and cultivate cannabis pursuant to . the Compassionate Use Act, Health and Safety Code §11362.5 and other California laws. Therefore, there are no known limitations on Oasis to operate as a non-profit organization in California. Oasis is unsure if any other evidence is sought to evidence authorization for it to operate as a non-profit business; where it does not have a business license in any other city, has not been enjoined, Ms. Nabhi is a qualified medical cannabis patient, and Oasis has valid articles of incorporation. Oasis will provide any additional information evidencing authorization, if it has such evidence, upon request. Thank you. Sincerely, Michele Brooke, Esq. Attorney for Oasis Wellness and Living Enclosures: California Medical Marijuana Identification Card of Laila Nabhi 225 S. Lake Avenue, Suite 300 Pasadena, CA 91101 Tel. 626.375-6702 ♦ Fax 626.389.5463 ♦ Email: Brooke LawGroup(li,gmailADm • ltlt 0n °,'a r patient ID # 330793577 k '>: To verify: www.calmmp.ca.gov " Date of Expiration; 04/17/2015 Riverside County Department of Public Health 888-358-7932 0115374 California Health and Safety Code §11362.71. (a) (1) "The department shall establish and maintain a voluntary program for the issuance of identification cards to qualified patients who satisfy the requirements of this article and voluntarily apply to the identification card program."