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HomeMy WebLinkAboutHERBL INC., HERBL DISTRIBUTION SOLUTIONSPBA5/8/2025 Contract NumberNameDESCRIPTIONExpiration DateOK to terminate? Y/NIf Y, please sign A-2017-369-19FRANCY, CHRISTOPHER ON BEHALF OF PURPLE HOLLISTICCOMMERCIAL CANNABIS BUSINESS12/31/2020YAP A-2020-241-20GPA CONSULTINGON-CALL ENVIRONMENTAL/PLANNING SERVICES11/30/2023YFV A-2017-369-15GREEN ROSE GREEN LEAF CARE, DBA SPEEDY WEEDYCOMMERCIAL CANNABIS BUSINESS12/31/2020YAP A-2017-395GREEN ROSE GREEN LEAF CARE, DBA SPEEDY WEEDYCOMMERCIAL CANNABIS BUSINESS12/31/2020YAP A-2017-403GREEN ROSE GREEN LEAF CARE, DBA SPEEDY WEEDYCOMMERCIAL CANNABIS BUSINESS12/31/2022YAP A-2017-369-08HALLADAY HEALING GROUP, INC.COMMERCIAL CANNABIS BUSINESSES12/31/2020YAP A-2017-167HAYER CONSULTANTS INC. EXPEDIATED INSPECTION SERVICES7/5/2020YFV A-2017-369-11HEALTHY HEALING HOLISTIC OPTIONSCOMMERCIAL CANNABIS BUSINESS12/31/2020YAP A-2017-383HERBL INC., HERBL DISTRIBUTION SOLUTIONSCOMMERCIAL CANNABIS BUSINESS12/31/2020YAP A-2017-382HERO OAK, LLC.COMMERCIAL CANNABIS BUSINESS12/31/2022YAP A-2017-388HERO OAK, LLC.COMMERCIAL CANNABIS BUSINESS12/31/2022YAP A-2017-369-66HIGH OCCASIONS LLCCOMMERCIAL CANNABIS BUSINESS12/31/2022YAP A-2017-369-36HNHPC, INC DBA CATALYSTCOMMERCIAL CANNABIS BUSINESS12/31/2022YAP A-2017-369-05HNPC, A NONPROFIT MUTUAL BENEFIT CORPORATIONCOMMERCIAL CANNABIS BUSINESS12/31/2020YAP A-2001-078HOGLE-IRELAND, INC.PERMIT, PLAN CHECK & PLANNING SERVICES12/31/2001YFV A-2002-183HOGLE-IRELAND, INC.CONSULTANT6/30/2003YFV A-2017-369-47HUNDRED FLOWERS INC. COMMERCIAL CANNABIS BUSINESS12/21/2022YAP A-2017-369-74HUNDRED FLOWERS INC. COMMERCIAL CANNABIS BUSINESS12/31/2022YAP A-2011-198IBI GROUPPLANNING/ENVIRONMENTAL SERVICESUntil TerminatedYFV A-2014-251ICF INTERNATIONALENVIRONMENTAL/TECHNICAL STUDIES10/21/2017YFV A-2012-069ICF JONES AND STOKESPROFESSIONAL SERVICES/ENVIRONMENTALUntil TerminatedYFV A-2006-057INTEGRAL COMMUNITIES IASSIGNMENT & ASSUMPTION6/20/2015N A-2017-170INTERWEST CONSULTING GROUPCONSULTANT/EXPEDIATED INSPECTION7/5/2020YFV A-2015-221J LEE ENGINEERING, INC.CONSULTANT/PLAN CHECK10/6/2018YFV A-2016-318J LEE ENGINEERING, INC.PLAN CHECK SERVICES11/15/2019YFV A-2017-166J LEE ENGINEERING, INC.EXPEDIATED INSPECTION SERVICES7/5/2020YFV A-2017-169JASON ADISON SMITH CONSULTING SERVICES, INC. DBA JAS PACIFICEXPEDIATED INSPECTION SERVICES7/5/2020YFV A-2017-369-03JASON LILLY ASSOCIATIONCANNABIS RETAIL BUSINESS12/31/2020YAP A-2014-266JOHN KALISKI ARCHITECTSPROFESSIONAL SERVICES/ARCHITECTURE & URBAN DESIGN10/21/2017YFV A-1999-139JONES & STOKES ASSO.MITIGATED NEGATIVE DECLARATION8/1/2000YFV A-2007-117JONES & STOKES ASSO.CONSULTANTUntil TerminatedYFV A-2017-369-58KGJMK OPCO INC., DBE MY GREEN NETWORKCOMMERCIAL CANNABIS BUSINESS12/31/2022YAP A-2017-369-52KIKI GREENS DBA PROTECTED TRANSPORT SERVICESCOMMERCIAL CANNABIS BUSINESS12/31/2022YAP A-2017-380KIKI GREENS DBA PROTECTED TRANSPORT SERVICESCOMMERCIAL CANNABIS BUSINESS12/31/2020YAP A-2014-252KIMLEY HORN AND ASSOCIATES, INC.ENVIRONMENTAL/TECHNICAL STUDIES10/21/2017YFV A-2017-265-19KIMLEY HORN AND ASSOCIATES, INC.ON-CALL ENVIRONMENTAL SERVICES10/3/2020YFV A-2019-073-19KIMLEY HORN AND ASSOCIATES, INC.ON-CALL ENVIRONMENTAL AND PLANNING SERVICES5/21/2021YFV A-2020-241-27KIMLEY HORN AND ASSOCIATES, INC.ON-CALL ENVIRONMENTAL & PLANNING SERVICES11/30/2023YFV A-2016-372KOA CORPORATION ("KOA")ENVIRONMENTAL/CONSULTING SERVICES FOR THE METRO EAST12/31/2017YFV A-1991-142LESLIE HEUMANN & ASSOCIATESEVALUATE HISTORIC STRUCTURESUntil TerminatedYFV A-2017-369-67MARCHE CO, LLC.COMMERCIAL CANNABIS BUSINESS12/31/2022YAP A-2018-253MATERIA MDEICA LABSCANNAIS TESTING FACILITY/LABORATORY FEES12/31/2020YFV A-2017-369-82MATHIAS FIELDS, INC.COMMERCIAL CANNABIS BUSINESS12/31/2022YAP A-2014-170MELAD AND ASSSOCIATESPLAN CHECK SERVICES7/15/2017YFV A-2017-265-21MICHAEL BAKER INTERNATIONALQUALIFIED CONSULTANT SERVICES/ENVIRONMENTAL SERVICES10/2/2020YFV A-2019-073-21MICHAEL BAKER INTERNATIONALQUALIFIED CONSULTANT SERVICES/ENVIRONMENTAL SERVICES5/21/2021YFV A-2020-241-29MICHAEL BAKER INTERNATIONALON-CALL ENVIRONMENTAL/PLANNING SERVICES11/30/2023YFV A-2001-196MICHAEL BRANDMAN ASSOCIATESENVIRONMENTAL IMPACT REPORTUntil TerminatedYFV A-2017-369-65MINERVA PRODUCTS, INC. DBA MINERVACOMMERCIAL CANNABIS BUSINESS12/31/2022YAP A-2017-369-14MONEX PLACE WELLNESS, INC.COMMERCIAL CANNABIS BUSINESS12/31/2020YAP ;dSURANCE. NOT REQUIRED WORK MAY PHOGEED " RKOFCOUNCIL nntc 2 5 2019 OPERATING AGREEMENT FOR NON -MEDICINAL COMMERCIAL CANNABIS BUSINESSES A-2017-383 This Operating Agreement ("AGREEMENT") is dated May 24, 2019, between the City of Santa Ana, a charter city and municipal corporation ("CITY") and HERBL Inc, HERBL Distribution Solutions ("OPERATOR"), collectively referred to as "the Parties". This AGREEMENT shall become effective on the date that OPERATOR is issued a Regulatory Safety Permit by CITY for the operation of a commercial cannabis business conducting ADULT -USE DISTRIBUTION services in whole or in part of its operations transacted and carried -on by OPERATOR at the following subject property location, 3144 West Adams Street, Santa Ana, CA 92704. 1. Public Benefit. A. Intent. The purpose of this Operating AGREEMENT is to ensure positive community impacts from commercial cannabis business operations through local hiring and local sourcing, community benefit and sustainable business practices, and the collection of required fees and taxes as applicable for the operation of a commercial cannabis business and to provide mitigation options to be used by CITY to compensate for impacts to CITY services, residents, and/or businesses as set forth in Santa Ana Municipal Code Chapter 40. The Parties agree that this AGREEMENT confers substantial private benefits on OPERATOR which should be balanced by commensurate public benefits. As part of the cannabis Regulatory Safety Permit process, OPERATOR agrees to enter into this AGREEMENT. OPERATOR acknowledges that CITY and OPERATOR have had extensive negotiations and proceedings prior to entering into this AGREEMENT. OPERATOR has elected to execute this AGREEMENT as it provides OPERATOR with important economic benefits. Accordingly, the Parties intend to provide consideration to the public to balance the private benefits conferred on OPERATOR by providing mitigation measures to the public and to pay for CITY services. B. Local Hiring and Sourcing. OPERATOR agrees to use its reasonable efforts to hire qualified City of Santa Ana residents living in Santa Ana to work at its commercial cannabis businesses. OPERATOR shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the City of Santa Ana or who employ a significant number of City of Santa Ana residents. OPERATOR shall make a good faith effort to advertise on various social media sites, at local job fairs, and through public agencies and organizations. C. Community Benefit and Sustainable Business Practices Plan. OPERATOR agrees to submit a Community Benefit and Sustainable Business Practices Plan ("Plan") to CITY that is hereby attached and incorporated into this AGREEMENT as ("EXHIBIT A"). Said Plan shall detail OPERATOR's experience working with community -based groups such as school districts, college districts, city or county agencies, non-profit organizations, artist or downtown groups. The Plan shall also include a description of OPERATOR's efforts for recruiting and hiring local persons and businesses. Said Plan must also outline commitments by OPERATOR to engage its staff in community service events or programs in the City of Santa Ana. Plan must also outline and address sustainable business practices. OPERATOR shall adequately document that it has met the Plan's obligations 1 and commitments as a condition of renewal/extension of this AGREEMENT upon expiration of the initial term and any extensions. OPERATOR acknowledges and agrees that CITY is empowered under this Agreement to inspect; examine and audit OPERATOfra books and records (including tax filings and returns), to ascertain the amount of operating fees due and owing. CITY or its authorized agents shall have the power and authority to conduct a tail inspection, examination and audit of such books and records (including taxi filings and returns) at any reasonable time, including but not limited to, during normal business hours. In the event any such books, records, tax filings and returns cannot be made fully available within the City of Santa Ana, OPERATOR acknowledges and agrees that it shall reimburse CITY for the cost of all transportation, lodging, meats, pariat-ki-portal travel time, and other incidental costs reasonably incurred by CITY or authorized agents in obtaining said full inspection, examination and audit. In the event that said records inspection, examination and audit determines that a net operating agreement fee payment deficiency of greater than Five Percent (5°k) exists, OPERATOR acknowledges and agrees that it shall reimburse CITY for the full cost of said records inspection, examination and audit reasonably incurred by CITY or its authorized agents: ! This AGREEMENT shall start on the date indicated above and shalt terminate on December $1, 2020 regardless of starting date unless terminated earlier in accordance with Section g or 10 of this AGREEMENT, The AGREEMENT will have one (1) two-year extension period until December 31, "2022 exercisable by a writing executed by the City Manager and City A ey's Office with the approval of OP 4. A valid City of Santa Ana Sturnon License Is required for all persons engaged in transacting and carrying on any commercial cannabis business activity in the City of Santa Ana, It is unlawful for any person or legal entity to commence, transact or carry -on cannabis business activity in the City of Santa Ana without first having procured a City of Santa Ana cannabis business license. OPERATOR shalt not operate a commercial casmabis business authorized under the Santa Ana Municipal Cade unless: A. It is the holder of e valid Regulatory Safety Permit issued by CITY in accordance with the procedures and requirements of Article 1 of Chapter 40, of the s Ana Municipal Code; and B. At such time as the State of California requires cannabis business facilities and businesses to hold a valid license or permit issued by the State of California, it also frolds such license or permit; unless, however, such permit or license is subsequently N net required by the State of California for the type of cannabis facility or business operation that is the subject of this AGREEMENT, C. OPERATOR remains in compliance with any and all other laws and regulations pertaining to commercial cannabis businesses. D, OPERATOR shall remain in compliance with the operating requirements applicable to commercial cannabis businesses contained in the City's Municipal Code. �. �PP,,,,,�I�� emnPfioatlost a€f CITY. A. OPERATOR will indemnify CITY from any claims, damages, injuries, or liabilities of any kind whatsoever sustained or incurred by CITY resulting from entering into this AGREEMENT, and OPERATOWs performance and/r breach of this AGREEMENT, B. OPERATOR agrees to defend, at its sole expense, any action against CITY, its agents, officers, and employees related to this AGREEMENT, OPERATORagnses to indemnify and reimburse CITY for any court costs and aitomey fees that CITY may be required to pay as a result of any legal challenge related to this AGREEMENT and/or CITrs approval of a Regulatory Safety Permit. CITY may, at its sole discretion, participate at Its own expense in the defense of any such action, but such participation shall not relieve the OPERATOR of its obligation hereunder. a, A OPERATOR agrees to comply with the City of Santa Ana Charter and Municipal Code, including but not lln ited to Chapters 18, 31 and 40, and the laws and regulations of the State Of Cafffbnqa. a. a as This AGREEMENT y be terminated by CITY for cause with thirty (30) days' written notice to OPERATOR, Cause as used in this section, is defined as; A. Failure to comply with the terms of the City of Santa Ana Cannabis Regulayset Safety Permit issued to OPERATOR by CITY; , Failure of OPERATOR to maintain a valid active City of Santa Ana Business License as the commorriall cannabis business approved by the Regulatory Safety Permit and as operating, C: Failure of OPERATOR to comply with the requirements of the Community Benefits and Sustainable Business practices Plan, D0 Unieshoelsad transfer by OPERATOR of the City of Santa Ana cannabis business Regulatory Safety Permit issued by CITY; E. Failures by OPERATOR to accurately report gross receipts information or other data necessary for CITY to calculatetoonfrm operating agreement fees; F. Failure by OPERATOR to pay operating agreement feces and related reimbursement costs within thirty (30) days of the date those fees are dua; 3 . Failure by OPERATOR to cooperate with CITY or OITYs authorized agents in any inspection, examination and audit of OPE TOR's commercial cannabis business books and records (including tax filings and returns), N. OPERATOR shalt cure the default resulting from the cause for termination within thirty (30) days of the date of the notice of termination, if OPERATOR fails to cure the default within thirty (30) days of the date of the notice of termination for cause, this AGREEMENT will be terminated. i. This AGREEMENT will automatically terminate if: 1. OP TOR°s Regulatory Safety Permit Is revoked by CITY or is not renewed by CITY, or il. OPERATOR transfers Its Regulatory Safety Permit pursuant to Santa Ana Municipal Code section 40-1r". °}. T i t 7t taut Cause. Upon mutual written agreement of the Parties, this AGREEMENT may be terminated with thirty (30) days'notice. r tell ti qn Upon any termination of this AGREEMENT, OPERATOR's obligation to report, and remit operating agreement fees due and payable under the,terms of this AGREEMENT for each month or fraction of a month of a cannabis business operation engaged to within the City of $mite Ana prior to termination of this AGREEMENT shall continue to be in effect. Past due penalties and late interestcharges shall continue to accrue and be applicable until all opera fees due under this AGREEMENT are paid In full, OPERATOR°s liability for any romaliting unpaid past due; penalties and/or late interest charges shall continue until fully A. It is acknowledged by the parties that CITY would not have entered Into this AGREEMENT If it were to be liable in damages under this AGREEMENT, or with respect to this AGREEMENT or the application thereof, except as hereinafter expressly provided, . Each of the parties hereto may pursue any remedy at few or equitable relief available for the breach of any provision of this AGREEMENT, except that CITY shall not be liable in monetary damages, unless expressly provided for in this AGREEMENT, Any dispute, claim or controversy among out of or nearing to this Agreement or the breach, ienttinaitort, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to orbitione, shall be determined by arbitration In Orange county California before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, 12. tm 8 In consideration of the time and costs incurred by CITY In the drafting and Implementation of this AGREEMENT, OPERATOR agues to pay 12fiLO to CITY within thirty (301 days of execution of this AGREEMENT, In any action or proceeding between CITY and OPERATOR brought to interpret or enforce this AGREEMENT, or which in any way arises out of the existence of this AGREEMENT or is based upon any term or provision contained herein, the ".prevailing party" In such action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this AGREEMENT, the prevailing party's reasonable attorneys' fees and litigation costs, In an amount to be determined by the court. The prevailing party shalt be determined by the court in accordance with California Code of Civil Procedure 'Section 1032, Fees and casts recoverable pursuant to this Section 17 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding. 14. Any notice,: tender, demand, delivery, or other communication pursuant to this AGREEMENT shall be in Writing and shall be deemed to be property given if delivered in parson or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication; in the manlier provided in this section, to the following persons: To CITY: Clark of the City Council City of Santa Ana 0,Civic Center Plaza (M-30) PO. Sox 1988 Santa Ana, CA 92702-1988 Fax 714.647«6956 Copies hr: Executive Director— Planning and Building Agency City of Santa Arta 20 Civic Center Plaza (Mi20) P.O. Box 1988 Santa Ana, California 92 -1988 Fax 719473-1461 City Attorney City of Santa Ana 20 Civic Canter Plaza (M-29) P- O, Box 1988 Santa Ana, California 92702-1988 Fax 714-647-6615 R To OPERATOR: Michael Beaudry HERBI_ Inc, HER L Distribution Solutions 3144 West Adams Street Santa Ana, CA 92704 To[ (805)4 2000 Email jhartwell@herbi.com A party may change its address by giving signed notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be affective, or deemed to have keen given three (3) days after It has been deposited In the United States mail, duty registered or certified, with postage prepaid, and addressed as set forth above. if sent by fax or email document attachment, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission repot issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays=, or City Halt closure dates shall be excluded. i5 & of d Am ndment. This AGREEMENT represents the complete and exclusive statement between CITE` and OPERATOR pardas. This CITY by acknowledge otherwise, hE not ernbaoia OPERA - consent of: or written, between the rn Instrument signed by rty to this AGREEMENT r agreements, orally or a been made by any party, or anyone acting: on behalf of any party, which are Im OPERATOR shall not discriminate because of race, color, creed, religion, sex, mental status, soma) orientation,: age, national origin, ° ancestry, or disability, as deftned and comforted by applicable law, in the recruitment, selection, training, utilization, promotion, termhoi ion or other employment related activities, OPERATOR arms that it is an equal opportunity wriplayer and shall comply with all applicable federal, state and local labor laws and regulations, "l . Judadleflio - enue. This AGREEMENT has been executed and detivered in the State of Cattfonaia and the validity, Interpretation, performance, and enforcement of any of the douses of this AGREEMENT shall be determined and governed by the laws of the State of California, Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this If any part of this AGREEMENT is found to conflict with applicable local or state laws or regulations, such part shall be inoperative, null and void insofar as it conflict with said laws or regulations, or may be modified or suspended as may be necessary to comply with any local or state law or regulation but the remainder of the AGREPMENT shall continue in full force and effect. 0, Courl#er�o-a This AGMEMENT may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The execution of this AGREEMENT ENT may be by actual, facsimile or electronic signature. 1, RMWM. Desple, California's commercial cannabis taws and the terms and conditions of this AGREEMENT or any Regulatory Safety Permit issued pertaining to OPERATOR or the hereittabova specified property location, California commercial cannabis cultivators, transporters, distributors, cannabis testing facilityflaboratory businesses or possessors may still be subject to attest by state or federal officers and prosecuted under state or federal law. The Federal Controlled Substances Act, 21 USC'§ aOl at'seg., prohibits the manufacture, manufacturing, and possession of cannabis without any exemptions for medical ernon medidnaf use. 22• Sf Each undersigned represents and warrants that its signature herainbelow has the power, authority and right to bind their respective parties to each of the terms of this AOREEMENT, and shall indemnify CITY fully, including reasonable costs and attorney's % far any injuries or damages to CITY in the event that such authority or power is not, in taild by the signatory or is withdrawn. -Sig re Page Below- H IN WITNESS WHEREOF, the parties herein have executed this AGREEMENT the date and year first above written. ATTEST CITY OF SANTA ANA .c NC?I MA fFRE ': KAIhi F Acting Clerk of the Council City tanager APPROVED AS TO FORM; OPERATOR SONIA R. CARVALHO LEGAL City AttorneyNAME: } SIGNATORY By: J fI Es Use Storck Asalstant0ty Attorney TITLE; � ? TAXPAYER ID-. RECOMMENDED FOR APPROVAL. SIGNATU ' F j amm Planning & Building Agency m HERBL INC, HERBL Distribution Solutions OPERATING AGREEMENT Exhibit A Community Benefit and Sustainable Business Practices Plan 3144 West Adams St, Santa Ana CA 92704 Cannabis Distribution (Type 11) Local Hiring and Sourcing HERBL shall implement the following measures when it is ready to 1) hire local employees; 2) retain local contractors and suppliers; and 3) advertise on local sites, job fairs, agencies and organizations: Local Hire Program HERBL agrees to use its reasonable efforts to hire qualified City of Santa Ana residents living in Santa Ana to work at its commercial cannabis business. HERBL plans to implement a local hire program when it is ready to hire additional employees. Recruitment. Partnerships HERBL will make a good faith effort to advertise on various local social media sites, at local job fairs, and through public agencies and organizations. HERBL will pursue a partnership with The Santa Ana WORK Center, to assist with recruitment of local, specialized workers. HERBL will expand our local talent pool by participating at local job fairs, that facilitate connections with local, work -ready candidates. HERBL will join the Santa Ana Chamber of Commerce to strength it's connection with other local employers, and further integrate into the fabric of the Santa Ana community. HERBL will take advantage of the suite of membership benefits, including social media promotion, events, community engagement, economic development training workshops, and pro -business advocacy in government. We look forward to potential pathway -to -employment, participation in job fairs, internship and training partnerships with Santa Ana College. Contractors and Suppliers HERBL will use reasonable efforts to retain services of qualified contractors and suppliers who are located in the City of Santa Ana or who employ a significant number of City of Santa Ana residents, if and when additional build -out or tenant improvements are needed. To the maximum extent possible, HERBL will seek to engage the following contractors that are based in the City of Santa Ana: 1. Architectural services 2. Branding services 3. Construction services 4. IT services 5. Maintenance and janitorial services 6. Financial services 7. Legal services 8. Misc. professional services 9. Local goods and products Community Benefit Once HERBL is operational and fully licensed, we look forward to strengthening connections with the local community, including giving back to, and/or partnering with, community -based groups such as school districts, college districts, city or county agencies, non-profit organizations, artists or downtown groups. HERBL is committed to engage it's staff in community service events or programs in the City of Santa Ana. Description of efforts for recruiting and hiring local persons and businesses Recruitment of Graduates from Community Colleges: HERBL will seek to hire graduates from Santa Ana Community College by posting on their Career Job Resource Center Site and utilizing resources on the Santa Ana College Career Center, as needed. Partnerships with Local Cannabis Businesses: HERBL will join the Sana Ana Cannabis Association and seek to partner with other local, compliant operators. HERBL looks forward to opportunities for collaboration with other licensed commercial operators in the City of Santa Ana, as they also seek to operate to the highest standards, and comply with best industry standards. This may include entering into contracts with other local businesses, and distributing their products. Charitable Giving and Volunteerism Coalition building, charitable service and community engagement are central to HERBL's company ethos. HERBL's team will maintain committed to giving back and engaging with the community. HERBL's Founders are passionate about the importance of equitable education opportunities for all members of our community. HERBL supports the mission of the Santa Ana Public School Foundation, which is to supplement programs and activities SANTA ANA currently being provided by the Santa Ana Unified PUBLIC SCHOOLS FOUNDATION School District. HERBL will donate $2,500 annually to the Santa Ana Public Schools Foundation. HERBL has established a partnership with Orange County United Way and will start a Workplace Campaign. This will include requiring employees to participate in a Day of Caring event for at least two hours, once a year. We hope to connect our employees to socially responsible programs and activities ' '# that have a positive impact on Santa Ana residents. HERBL will *1 incentivize employees to engage in volunteering with non -profits which are invested in strengthening education, health and housing. Grange County United Way Sustainable Business Practices Plan HERBL will implement the following sustainable business practices and in the future, will demonstrate that HERBL has met its obligations and commitments as a condition of renewal/extension of this agreement upon expiration. Air Quality and Odor Mitigation HERBL is utilizing best available odor control technology including HVAC and carbon air filtration systems. This technology will effectively mitigate odor both inside the facility and prevent odor nuisance outside the facility. Combination of HVAC and carbon air filtration is a best practice to mitigate odor and protect air quality for employees, and has been certified by professional engineers in other jurisdictions. HERBL's mechanically or naturally ventilated spaces in buildings will meet the minimum requirements of Section 120.1 (Requirements For Ventilation) of the California Energy Code, or the applicable local code, whichever is more stringent. Renewable Energy HERBL will utilize white light using state of the art LED lamps with full cutoff fixtures to limit glare. Color temperature shall be between 2700K and 4100K with a color rendering index of 7.5 or better and a light loss factor of .95 or better. Additionally, HERBL will utilize fuel efficient vehicles (eco diesel sprinter vans) and encourage sustainable transportation by employees. HERBL will provide designated parking for any combination of low -emitting, fuel -efficient, and carpool/van pool vehicles. HERBL has installed anchored bicycle racks within 200 feet of the visitor's entrance, readily visible to passers-by to facilitate its employees' ability and willingness to utilize biking as a sustainable commute method. Water Conservation Methods HERBL is proposing to conduct distribution, which requires minimal water usage, compared to other commercial cannabis activities such as nursery, cultivation, or extraction/manufacturing. HERBL will maintain water conservation methods throughout its facility, as detailed below. Toilets HERBL will utilize low flush toilets and urinals as a water conserving feature. The effective flush volume of all water closets shall not exceed 1.8 gallons per flush. Tank -type water closets will be certified to the performance criteria of the U.S. EPA WaterSense Specification for Tank -Type toilets. The effective flush volume of urinals will not exceed 0.5 gallons per flush. Weather Resistance and Moisture Management HERBL will provide a weather -resistant exterior wall and foundation envelope as required by 2013 California Building § 1403.2 and California Energy Code § 150, the manufacturer's installation instructions, or local ordinance, whichever is more stringent. HERBL will employ moisture control measures through use of the following methods: prevent irrigation spray on structures per CGC §5.407.2.1 by designing entries and openings to prevent water intrusion. Waste Management In the event that HERBL pursues construction or tenant improvements, a minimum of 65% of the non- hazardous construction and demolition waste generated at the site will be diverted to an offsite recycle, diversion, or salvage facility. HERBL will provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of non -hazardous materials for recycling, including (at a minimum) paper, corrugated cardboard, glass, plastics, organic waste, and metals or meet a lawfully enacted local recycling ordinance. HERBL will use best practices when recycling cardboard and plastic and is making every effort towards a more environmentally packaging. Cannabis products will not be disposed of in packaging and all products shall be unrecognizable and unusable as cannabis at the time of disposal, as required by State regulations regarding appropriate cannabis waste disposals and controls. Waste shall be entered into the track and trace system as required under State Regulations. HERBL will contract with a licensed waste hauler to collect and process the cannabis waste. HERBL will maintain and make available to the Bureau of Cannabis Control and/or City of Santa Ana upon request, the business name, address, contact person, and contact phone number of the entity hauling waste; obtain documentation from the hauling entity for the subscription to the waste collection service; and maintain a copy of a certified weight ticket or receipt from the solid waste facility for each delivery of cannabis waste.