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55 OC COLLECTIVE, DBA BLUM, A CORPORATION-2017
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55 OC COLLECTIVE, DBA BLUM, A CORPORATION-2017
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1/2/2018 10:06:52 AM
Creation date
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Contracts
Company Name
55 OC COLLECTIVE, DBA BLUM, A CORPORATION
Contract #
A-2017-369-01
Agency
PLANNING & BUILDING
Council Approval Date
11/9/2017
Expiration Date
12/31/2020
Destruction Year
2025
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• The amount of equity contributions, investments, and/or loan proceeds to <br />OPERATOR's adult -use cannabis retail business operation, and/or proceeds from <br />the sale or transfer of OPERATOR's adult -use cannabis retail business. <br />D. "Gross receipts" shall be calculated without any deduction on account of any of the <br />following: <br />• The cost of tangible property sold or bartered; <br />• The cost of materials or products used, labor or service cost, interest paid, losses, or <br />other expense; or <br />• The cost of transportation of the adult use (non -medicinal) cannabis, or other <br />property or product. <br />4. Remittance and Reporting. <br />Beginning as set forth above and monthly thereafter, OPERATOR shall report and remit <br />payment to CITY of the applicable operating agreement fee set forth in Section 2 of this <br />AGREEMENT. OPERATOR shall report to CITY any gross receipts received during the <br />preceding monthly reporting period and shall remit to CITY on or before the last day of the <br />month following the operating agreement fee due and owing during said period as <br />applicable in accordance with Section 2 of this AGREEMENT. When the last day of the <br />month falls on a City Holiday or City Hall Closure Day then the reporting/remittance date <br />shall fall on the next City business day following. The operating agreement fee shall be <br />acknowledged and agreed by CITY to be paid timely if paid on said date. When <br />reporting/remitting is made by mail, the postmark date shall serve as proof of timely <br />reporting/remittance. <br />5. Records Inspection, Examination and Audit. <br />OPERATOR acknowledges and agrees that CITY is empowered under this Agreement <br />to inspect, examine and audit OPERATOR's books and records (including tax filings and <br />returns), to ascertain the amount of operating fees due and owing. CITY or its authorized <br />agents shall have the power and authority to conduct a full inspection, examination and <br />audit of such books and records (including tax filings and returns) at any reasonable time, <br />including but not limited to, during normal business hours. In the event any such books, <br />records, tax filings and returns cannot be made fully available within the City of Santa Ana, <br />OPERATOR acknowledges and agrees that it shall reimburse CITY for the cost of all <br />transportation, lodging, meals, portal-to-portal travel time, and other incidental costs <br />reasonably incurred by CITY or its authorized agents in obtaining said full inspection, <br />examination and audit. In the event that said records inspection, examination and audit <br />determines that a net operating agreement fee payment deficiency of greater than Five <br />Percent (5%) exists; OPERATOR acknowledges and agrees that it shall reimburse CITY for <br />the full cost of said records inspection, examination and audit reasonably incurred by CITY <br />or its authorized agents. <br />C! <br />
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