Laserfiche WebLink
TEMPLATE <br />OPERATING AGREEMENT FOR NON -MEDICINAL RETAIL <br />COMMERCIAL CANNABIS BUSINESSES <br />This Operating Agreement ("AGREEMENT") is dated FULL DATE, between the City of <br />Santa Ana, a charter city and municipal corporation ("CITY") and LEGAL NAME OF BUSINESS, <br />dba DBA NAME ("OPERATOR"), collectively referred to as "the Parties". This AGREEMENT <br />shall become effective on the date that OPERATOR is issued a Regulatory Safety Permit by <br />CITY for the operation of a commercial cannabis business conducting ADULT -USE RETAIL, <br />MANUFACTURING, DISTRIBUTION, AND/OR CULTIVATION, OR TESTING services in whole <br />or in part of its operations transacted and carried -on by OPERATOR at the following subject <br />property location, XXXXX, Santa Ana, CA 927XX. <br />1. Public Benefit and Social Equity. <br />A. Intent. The purpose of this Operating AGREEMENT is to ensure positive <br />community impacts from commercial cannabis business operations through local hiring and <br />local sourcing, community benefit and sustainable business practices, and the collection of <br />required fees and taxes as applicable for the operation of a commercial cannabis business <br />and to provide mitigation options to be used by CITY to compensate for impacts to CITY <br />services, residents, and/or businesses as set forth in Santa Ana Municipal Code Chapter 40. <br />The Parties agree that this AGREEMENT confers substantial private benefits on <br />OPERATOR which should be balanced by commensurate public benefits. As part of the <br />cannabis Regulatory Safety Permit process, OPERATOR agrees to enter into this <br />AGREEMENT. OPERATOR acknowledges that CITY and OPERATOR have had extensive <br />negotiations and proceedings prior to entering into this AGREEMENT. OPERATOR has <br />elected to execute this AGREEMENT as it provides OPERATOR with important economic <br />benefits. Accordingly, the Parties intend to provide consideration to the public to balance <br />the private benefits conferred on OPERATOR by providing mitigation measures to the public <br />and to pay for CITY services. <br />B. Local Hiring and Sourcing. OPERATOR agrees to use its reasonable efforts to <br />hire qualified City of Santa Ana residents living in Santa Ana to work at its commercial <br />cannabis businesses. OPERATOR shall also use reasonable efforts to retain the services <br />of qualified contractors and suppliers who are located in the City of Santa Ana or who <br />employ a significant number of City of Santa Ana residents. OPERATOR shall make a good <br />faith effort to advertise on various social media sites, at local job fairs, and through public <br />agencies and organizations. <br />C. Community Benefit and Sustainable Business Practices Plan. OPERATOR <br />agrees to submit a Community Benefit and Sustainable Business Practices Plan ("Plan") to <br />CITY that is hereby attached and incorporated into this AGREEMENT as ("EXHIBIT A"). <br />Said Plan shall detail OPERATOR's commitment to incorporate the following practices as <br />part of the commercial cannabis business: <br />a. Requirements for local hiring and local sourcing. A minimum portion (50 percent) of <br />all employees, as specified in the Commercial Cannabis Operating Agreement <br />template, employed by a Santa Ana commercial cannabis business shall reside in <br />1 <br />75A-83 <br />