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IN -LIEU FEE AGREEMENT FOR COMMERCIAL CANNABIS BUSINESSES <br />This In -Lieu Fee Agreement ("Agreement") is dated 201_ <br />between the City of Santa Ana, a charter city and municipal corporation ("City') and <br />, a ("(Dwner'), collectively referred to as "the Parties'. This <br />Agreement shall become effective on the date that Owner is issued a Regulatory Safety Permit <br />("RSP") for the operation of a commercial cannabis business by the City. <br />Public Benefit <br />A. Intent. The purpose of this In -Lieu Fee Agreement is to collect fees from commercial <br />cannabis businesses and to provide a fee for mitigation options to be used by the City to <br />compensate for impacts to City services, residents, and/or businesses as set forth in Santa <br />Ana Municipal Code section 40-2(22): The Parties agree that this Agreement confers <br />substantial private benefits on Owner which should be balanced by commensurate public <br />benefits. As part of the commercial cannabis RSP process, Owner agrees to enter into this <br />Agreement. Owner acknowledges that City and Owner have had extensive negotiations <br />and proceedings prior to entering into this Agreement. Owner has elected to execute this <br />Agreement as it provides Owner with important economic benefits. Accordingly, the Parties <br />intend to provide consideration to the public to balance the private benefits conferred on <br />Owner by providing mitigation measures to the public and to pay for City services as a result <br />of the fees collected. <br />B. Local Hiring. Owner agrees to use its reasonable efforts to hire qualified City residents <br />living in Santa Ana to work at its commercial cannabis business(es). Owner shall also use <br />reasonable efforts to retain the services of qualified contractors and suppliers who are <br />located in the City or who employ a significant number of City of Santa Ana residents. <br />Owner shall make a good faith effort to advertise on various social media sites, at local job <br />fairs, and through public agencies and organizations. <br />C. Community Benefit Plan. Owner agrees to submit a Community Benefit Plan ("Plan") to <br />the City to be attached and incorporated into this Agreement as Exhibit A. Said Plan will <br />detail Owner's experience working with community-based groups such as school districts, <br />college districts, city or county agencies, non-profit organizations, artist or downtown groups. <br />Said Plan must also outline commitments by the cannabis business owner to engage his or <br />her staff in community service events or programs in the City of Santa Ana. Owner shall <br />adequately document that it has met the Plan's obligations and commitments as a condition <br />of renewal/extension of this Agreement upon expiration of the initial term. <br />2. In -Lieu Fee Rates for Commercial Cannabis Businesses. <br />For each separate branch establishment or separate property location of the commercial <br />cannabis business, In -Lieu fees shall be paid monthly to the City based on each state <br />cannabis license type authorized and permitted as follows: <br />A. Every non -medicinal retail cannabis business as the terms are defined in Chapter 40 of <br />the Santa Ana Municipal Code shall pay a monthly In -Lieu fee at a rate of Eight Percent <br />Exhibit ( <br />75E-3-3 <br />