75E-3 - IN-LIEU FEE AGMT COMMERCIAL CANNABIS

Home Browse Search

the wearing of any clothing or equipment to insure that no pests or impurities shall enter the cultivation and curing areas. 5. Past due date — Penalty; interest. Any individual or entity who fails to pay the In -Lieu fees required by this Agreement when due shall be subject to past due penalties and late interest as set forth herein. For failure to fully pay any monthly fees when due the following past due penalty fees shall be added: A. Ten percent (10%) of the unpaid balance of said fees on the past due date thereof, B. Fifteen percent (15%) of the unpaid balance of said fees on the first day of the second month after the due date thereof; C. Twenty-five percent (25%) of the unpaid balance of said fees on the first day of the third month after the due date thereof; and D. Fifty percent (50%) of the unpaid balance of said fees on the first day of the fourth month after the due date thereof. The City is not required to send a past due or other notice or bill to any person subject to the provisions of this Agreement and failure to send such notice or bill shall not affect the validity of any fee or late penalty due under the provisions of this Agreement. Owner shall be considered past due if fees are not paid within thirty (30) days of the date they are due. Interest of one percent (1 %) per month will be imposed on all past due amounts. 6. Term. This Agreement shall start on the date indicated above and shall terminate on December 31, 2020 regardless of starting date unless terminated earlier in accordance with Section 13 of this Agreement. The Agreement will have one (1) two-year year extension period until December 31, 2022 exercisable by a writing executed by the City Manager and City Attorney's Office with the approval of Owner. 7. Administration — Rules regulations and guidelines: interpretation/clarification. In order to aid in the City's collection of fees due pursuant to this Agreement and to ensure that all commercial cannabis business fees are consistent to the best of the City's ability, the Executive Director of the Finance Department, with the concurrence of the City Attorney, may promulgate rules, regulations, and guidelines, to implement and administer this Agreement including, but not limited to rules, regulations, and guidelines harmonizing this Agreement with the provisions of the Santa Ana Municipal Code, Charter, and state law in any manner not inconsistent with the intent of this Agreement and which does not result in an increase in the fees imposed herein. The Executive Director of the Finance Department may also, with the concurrence of the City Attorney, interpret or clarify the methodology of the fees, or any definition applicable to the fee, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Agreement. 75E-3-7