SummitExecutive Center
This Agreement is made between Summit Executive Center ("Summit") and Marij Agricultural, Inc. ("Client") The beginning dateof this services agreement is May 21, 2014 and this Agreement is for a term of (12) twelve full calendar months ending on November30, 2014
USE OF OFFICE: During the term of this Agreement, Client may have use of: (Official Mailing Address)
Mari/ Agricultural, Inc. 13575 58th St. North #138Clearwater, FL 33760-3721Phone Number TBA
Client will pay total monthly fees of $ 835.22, plus any incidental charges. Total Fees are payable to Summit in advance, and areDUE ON THE FIRST DAY OF THE MONTH WITHOUT NOTICE: If not paid by the 5th of the month, Client will pay a latecharge of 10% of total fees, or $10 whichever is greater. In the event that Client becomes a client at large or sufferance, Client agreesto pay Total Fees at 133% of the month preceding the end of the mutually agreed upon term.
PAYMENT UPON EXECUTION: Submission of this instrument for examination does not constitute a reservation of or option forthe office on the part of Summit. This agreement becomes effective only upon execution by both Summit and Client and thefollowing funds being paid to Summit by the Client: all six months service agreement fee, a refundable retainer equal to a one monthService Agreement fee plus refundable key deposit and a one-time set-up fee for interne, telephone, furniture and signage ifapplicable for a total of $ 6,313.50. With the execution of this agreement, Client will maintain a Refundable Retainer as mentionedabove with Summit, equal to one month's Total Fees, which also shall serve as security for the full and faithful performance of each and every term, condition, covenant and provision of this agreement. Client agrees that the Refundable Retainer shall be forfeited inthe event Client terminates the Agreement prematurely. In the event Client defaults on the performance of any of the terms hereof or does not accept or abandons the office, Summit may use, apply or retain the whole, or any part, of the Refundable Retainer for thepayment of any fees accrued by Client hereunder. If Client shall, at the end of the Term, have fully and faithfully complied with all ofthe terms and provisions of this agreement, the Refundable Retainer, or any balance thereof, shall be returned to Client within sixtydays of the Termination Date. It is agreed that Client shall pay a reasonable charge for painting (not to exceed $400) and cleaning (notto exceed $200) each office occupied less than 12 months by Client and that Summit may utilize the Refundable Retainer to offsetsuch charge. Client shall not be entitled to interest on the Refundable Retainer and same need not be kept separate and apart.
INCLUDED SERVICES: Client shall have 24/7 Access to the building subject to a Client specific key code and monitored, recordedvideo surveillance as well as use of the following services during Weekdays from 9:00 a.m. to 5:00 p.m., excluding Holidays, at no additional charge: the exclusive and private use of Office Number 138 furnished with appropriate Summit furniture, wired Internet access, one Summit VoIP telephone (for internal calls, paging and security); additional Telephone services, if any, are in TelephoneService Exhibit, lobby receptionist service, incoming mail and package handling, janitorial services and usual and customaryelectricity and water, as well as eight (16) hours of conference room access per month and unlimited parking for Client and Client'sguest(s). Any conference room usage above the 16 hours per month will be purchased by Client at a discounted rate. Client may carryover any unused amount of conference room time.
All components of the telecommunications package including any telephone numbers used by Client will remain at all times theproperty of Summit. Client will acquire no rights to the components beyond the term specified by Summit. If Client wishes to retainClient's phone number should Client choose to terminate this agreement, Client will be responsible for all fees and paperworkrequired to port Client's number elsewhere. Client will also pay to Summit a sum equal to the amount required for Summit to acquirea replacement phone number from Summit's provider. In the event that any toll fraud is traceable to tele-communications servicesemployed by Client, Client will reimburse Summit for all charges associated with the fraud. This may include, but is not limited to,unauthorized use of telephone lines or Internet. Consideration will be given to reassign telephone number to Client upon satisfactorydisposition of final billing.
The Summit Building's Telephone Service runs over fiber, has priority over data and QOS is guaranteed. Summit will perform anyand all remedial maintenance under Summit's standard business day, i.e., 9:00 am to 5:00 pm, Monday - Friday, Summit holidaysexcluded. Summit will respond to claims for major failures (i.e., failures that materially affect the operation of the equipment
determined by Summit within four (4) hours of notification, Summit will respond to minor failures within twenty-four (24) hours ofnotification. If repairs are necessitated by Client's misuse or abuse, the repair charges will be billed to Client's account. Client is notauthorized to order any repairs or to make any repairs itself.
Summit will provide Internet service to Client via a fiber optic, local area network (LAN) through a private VLAN. Client agrees toprotect the integrity and security of the LAN by installing and maintaining virus protection on each of its computers. It is theresponsibility of Client to have sufficient understanding of computer network and virus issues or Client shall employ a consultant forsuch purposes. It is not Summit's responsibility to protect Client from spammers, hackers and viruses. If Summit discovers thatClient's computers have been infected or corrupted by such outside threats, Summit will disconnect Client from the VLAN and, ifnecessary, retain an IT consultant to undertake whatever repairs are required as a result of Client's negligence on these matters. Insuch case, Summit will bill Client for the full amount plus 20% of the IT Consultant's charges. If Client intends to use the internet for"intense" applications, Client will notify Summit of its intention and the amount of bandwidth required. Summit will provideadditional bandwidth to Client at market rates. Summit reserves the right to "throttle" Client's internet usage if it becomes excessive.
DAMAGE: Client shall not damage or deface the walls, floors, or ceilings or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the Office or the common areas. Client shall not cause damage to any part of the Building or the property of Summit or disturb the quiet enjoyment of any other Client in the Building. Client further agrees to utilize a Summitprovided plastic chair mat normally used to protect carpet. Damage to the carpet from failure to use a chair mat shall not be considered normal wear and tear and Client shall be responsible for such damages, including but not limited to, the cost ofreplacement of the entire carpet in the Office.
The Client hereby indemnifies and agrees to hold Summit harmless from and against any and all damage, loss, cost and expense ofany nature, whether to the office or to the building, or any part thereof, or to Summit or to other clients in the Building resulting fromany act of neglect of the Client or of the Client's guests, agents, or employees. Summit may, at Summit's option, repair any suchdamage to the office or the building and restore the office to the condition required. Client shall, upon demand by Summit, reimburseSummit for the total cost of such repairs plus a sum equal to fifteen (15%) percent of such cost to cover the overhead of Summit.
In the event that any property belonging to Client is forgotten or left behind in the office after the end of the Agreement or upon Clientvacating the space prematurely, Summit shall have the right to destroy or otherwise dispose of such property as it sees fit. Summitmay charge to the Client the cost for the removal of such property.
COMPETING SERVICES: Client will not sell any goods or perform any services in competition with Summit.
ALTERATIONS: Client will not make any "major" alterations to its office unless it obtains prior written approval from Summit.Approval may be conditioned on (a) agreement that improvements will remain the property of the Summit, even at the termination ofClient's Agreement; (b) Client making deposit; (c) agreement by Client that it will return the office to its original condition when itvacates; or (d) some combination of conditions (a), (b), and (c).
SUBLEASE: This Agreement is not a lease or a rental agreement. Client may not sublease, assign or encumber the office used.
PROSELYTIZING SUMMIT EMPLOYEES: Understanding that finding, hiring, and training employees are time-consuming andexpensive processes, Client agrees that it will not, during the term of this Agreement or within one year afterwards, hire or "place" anyperson who has been an employee of Summit within six months prior to the time they are hired by Client. If Client violates this paragraph, it will be liable to Summit for liquidated damages in an amount equal to six months' wages of the employee, at the rateSummit last paid that employee.
COMPLY WITH THE LAW: You must comply with all relevant laws and regulations in the conduct of Client's business. Clientmust do nothing illegal. Client must not do anything that may interfere with the use of the building by Summit or by others, cause anynuisance or annoyance, or increase the insurance premiums Summit have to pay or cause loss or damage to Summit or to the owner ofany interest in the building. Client acknowledge that (a) the terms of the forgoing sentence are a material inducement to Summit forthe execution of Client's agreement and (b) any violation by Client of the foregoing sentence shall constitute a default by Client hereunder, entitling Summit to terminate Client's agreement or exercise any default remedy enumerated below.
INSURANCE: It is the Client's responsibility to arrange insurance for the property that Client brings into the building and for anyliability to employees and to any third parties associated with Client.
PERSONAL PROPERTY DAMAGE: Summit is not liable for any damage to personal property owned by Client, its guests,customers, Client's invitees or visitors, unless the damage is caused by Summit's own negligence or that of Summit's employees.
PERSONAL INJURY: Summit is not liable for personal injury suffered by Client, Client's guests, customers, invitees or visitors,unless the injury is caused by Summit's own negligence or that of Summit's employees.
CONVERSION: If Client vacates the premises and leaves behind any personal property of any kind, that property will be consideredabandoned by Client. If Client defaults in the payment of sums due to Summit and Summit changes the locks, removes Client'sproperty, or otherwise denies Client access to the office, Summit will not be guilty of conversion.
INDEMNITY: If a claim is made against Summit because of some action or inaction of Client or Client's guests, customers, inviteesor visitors, Client will indemnify Summit and hold it harmless from those claims. This indemnity includes not only the amount of anysuch claim,butalso all reasonable costs in investigating and defending those claims. Further, in the event that any of Summit's employees travel off-premises at the request of Client and that travel results in damages or exposes Summit to liability, then Client will indemnify Summit and hold it harmless from any such claims or damages. This indemnity includes not only the amount of anysuch claim, but also all reasonable costs in investigating and defending those claims.
EXCLUSIVITY: Summit has the right to enter Client's office for maintenance, safety, cleaning, showing the office to prospectiveclients, and in the ordinary course of providing services requested by Client.
WAIVER: If Summit allows any default or variance in this Services Agreement, it will not constitute a waiver of its rights. Nomatter how many times Summit allows the default, variance or a variety of defaults or variances by Client or others, it may still,without advance notice, require strict adherence to this Services Agreement or prohibit future variances.
RENEWAL: Upon the end of the Term, or any extension thereof, the term of this Agreement shall be automatically extended for thesame period of time as the initial term, upon the same terms and conditions as contained herein, unless either party notifies the other inwriting to the contrary at least 60 days prior to the termination date.
Upon each anniversary date of the original Services Agreement or subsequent amendment, whether during the initial Term or asextended as provided herein, the total monthly fees shall be automatically increased by five percent (5%) of the total fees of the monthpreceding the anniversary date.
MAIL FORWARDING: After termination expiration of this Agreement, it is Client's responsibility to make arrangements for theforwarding of all mail with the U.S. Postal Service.
EVENTS OF DEFAULT: The following are Events of Default:
a) Charges becoming past due;
b) Default in any other terms of this Services Agreement, but only if Summit gives Client written notice of the default, andClient fails to cure the default within five (5) days of the notice.
REMEDIES: On default, Summit may choose any or all of the following remedies:
a) Terminate this Agreement;
b) Accelerate the Fixed charges, and demand all sums due immediately;
c) Take possession of all property in Client's office or stored by Client on the premises and store it, at Client's expense, until full satisfaction of any past due amount, lien or judgment owed to Summit;
d) Deny Client access to the office and deny use of any of services; and
e) Any other remedies allowed by law, including requiring payment of any and all attorney's fees, pre and post judgmentinterest on amounts past due, court and service fees, expenses incurred by attorneys and any other reasonable costs incurred by Summit as a result of the default, including reinstatement fees, collection fees and costs associated with travel.
OTHER CONSEQUENCES OF DEFAULT: In the event of default, Summit may immediately cease providing Client with any or all services, including telecommunications services and Internet access.
SUMMIT'S AGENTS: The only persons who have authority to act for Summit and to bind Summit are the managers of Summit as designated by Workspace Holding Corp, a Florida corporation. Until and unless written notice is received from Workspace HoldingCorp's Chief Executive Officer, no one else has any authority to act on behalf of Summit.
NOTICES: Notices to the Client should be sent to the address of the office used by Client in the Summit Building as designatedabove. Notices to Summit must be sent to: Summit Management 13575 58th Street North #200, Clearwater, FL 33760. Notice must be by personal delivery, email, or certified mail and receipt must be acknowledged or receipted in writing.
PERSONAL GUARANTOR: Personal Guarantor is liable for all sums due under this Agreement, any extensions, any amendmentexecuted contemporaneously with this agreement, and for any other sums due from Client to Summit, no matter when or howincurred. Summit does not have to attempt collection from Client before proceeding directly against Guarantor. Guarantor will not bereleased unless Summit specifically releases Guarantor in writing and signed by an agent of Summit.
RETURNED CHECK: If, for any reason, a check is returned, Client will pay an additional charge of $35.00 per returned check. For the purposes of calculating late charges or events of default, if a check is returned, it will be as if the payment represented by the checkhad never been made.
ESTOPPEL CERTIFICATES: Upon written request, Client agrees to furnish Summit and/or any subsequent lender holding a mortgage with an estoppel certificate stating that Client is in possession of the Premises, is paying any and all fees in accordance with the terms ofthis Agreement, knows of no offsets or defenses against Summit, except as set forth in such estoppel certificate, and such other informationas reasonably requested.
SUBORDINATION: This Agreement, the estate created thereby, and all right, title and interest of Client in, to and under this Agreementor the Premises are hereby subjected and subordinated and shall remain in all respects subject, subordinate and junior, to the lien, operationand effect of the Mortgage of any Lender of Summit, as fully and with the same effect as if the Mortgage had been duly executed andrecorded, and the indebtedness secured thereby had been fully disbursed prior to the execution of this Agreement or the possession of thePremises by Client. The provisions of this section shall be self-operative and shall apply with equal force and effect to any and allmodifications of the Mortgage or of any other documents evidencing or securing the loan, and to any restructuring of the indebtedness evidenced or secured by the Mortgage or any such other loan documents, but Client will execute and deliver any additional instruments asmay be reasonably required to evidence such atonement.
ALL PARTIE ATTACHEDEXHIBIT"
Summit:
Clien
Initialed:
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Summit
Executive Center
EXHIBIT A: RULES AND REGULATIONSThese Rules and Regulations are subject to amendment by Summit at any time.
1.Normal Building Hours are from 9:00 am to 5:00 pm, Monday through Friday excluding Holidays.
2. Summit reserves the right to exclude loiterers, vendors, solicitors, and peddlers from the Building and to require registration ofsatisfactory identification or credentials from all persons seeking access to any part of the Building outside normal business hours.Summit will exercise its best judgment in the execution of such control but shall not be liable for the granting or refusal of suchaccess.
3. The sidewalks, entry passages, corridors, halls, elevators, and stairways shall not be obstructed by clients or used by same for otherthan those of ingress and egress. Only authorized custom made door signs are permitted on the outside of the office. No paper signs orbusiness cards will be allowed.
4. The floors, skylights and windows that reflect or admit light into any place in the Building shall not be covered or obstructed byclients.
5. Restroom facilities and other water apparatus shall not be used for any other purpose other than for which they were constructedand intended. No rubbish or other obstructing substances shall be disposed inappropriately. The expense of any breakage, stoppage, ordamage resulting from a violation of this provision shall be borne by the Client involved whether such damage was the fault of thatClient directly or that Client's officers, employees, agents, patrons, customers, licensees, visitors, or invites
6. Clients shall not injure, overload or deface the Building, the woodwork, or the walls of the Premises, nor carry on upon thePremises any noxious, noisy, or offensive business, nor store in the Building or on the Premises any flammable or odorous materials.
7. Client, its officers, agents, employees, patrons, customers, licensees, invites, and visitors shall not solicit in the building, parkingfacilities or common areas, nor shall Client distribute any handling or other advertising matter in or upon automobiles parked in theBuilding's parking facilities.
8. Summit will not be responsible for lost or stolen property, equipment, money, or any article taken from the Premises, Building or parking facilities, regardless of how and when such loss occurs.
9. The Client shall not put additional locks or latches upon any door without Summit's approval.
10. Summit will provide and install all required letters or numerals at office entry, the cost of which shall be reimbursed or paid by Client. All such letters and numerals shall mirror the standard graphics for the Building and no other lettering or numbering shall beused or permitted on the Premises without Summit's prior written consent.
1. PHOTOCOPIES:(Price per copy determined by monthly volume)
Black and White< 500> 500Color:< 500 > 500
Do it yourself.11 each.10 each.53 each.43 each
Summit Staff does it< 500>500Color:< 500 >500
for you..14 each.13 each .59 each .49each
All scans are .10 each
"--"\ 2. OUTGOING MAIL:Cost + 10%
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3. CONFERENCE ROOMS:Geneva, Cancun, Glassboro and others are available on first come basis for Summit clients.
Summit
Executive Center
EXHIBIT B: SUMMIT BILLING INFORMATION
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Address:
A/P Contact Name:#
A/P Phone #: 727—1/902o S_______________________E-mail P& T,(.1.77;44VA-64/Coen
Occupants Name:KUL—k‹,- P&11.1.1 LE0CAA/co
E-mail_______________________________________________________Cell Phone_________________________________________________
Present Home Address: 2 8:1('CrPPE- 1/44KA __
City/State/Zip: AE'er/#AALog-,FL.,.?(It
Emergency Contact Name: bizt?$16PeozT-lue-Phone#:- 3 Yss-
Relationship: _______________________
Summit
Executive Center
EXHIBIT C: TECHNOLOGY EXHIBIT
The Summit Building's Telephone Service runs over fiber and Quality of Service (QOS) is guaranteed. Voice has beenprogrammed to have priority over data. It is Summit's responsibility to maintain all telephone instruments and telephoneconnectivity in good working order. If connectivity is disrupted due to negligence on the part of Client, Client will beobligated to pay a reconnection fee of $100 per hour, 1/2 hour minimum andin'Ahour billing increments.
Summitwill perform any and all remedial maintenance under Summit's standard business day, i.e., 9:00 am to 5:00 pm,Monday - Friday, Summit holidays excluded. Summit will respond to claims for major failures (i.e., failures thatmaterially affect the operation of the equipment as determined by Summit) within four (4) hours of notification. Summitwill respond to minor failures within twenty-four (24) hours of notification. If repairs are necessitated by Client's misuseor abuse, the repair charges will be billed to Client's account. Client is not authorized to order any repairs or to make anyrepairs to Summit hardware itself.
When providing access to the Internet, Summit's responsibility is to provide service to Client via a fiber optic, local areanetwork (LAN) through a private VLAN, to a jack in Client's office. Summit can provide switches and CAT V wiring. Itis Client's responsibility to configure and maintain the computer's ability to access the Internet. If a publicIPaddress androuter is necessary, Summit will provide the IP Address. However, Client will be responsible for providing andprogramming the router and guaranteeing that it is secured. If Summit determines that Client's router is open and/orunsecured, Summit has the authority to hire an IT Consultant and invoice Client at the Consultant's hourly rate plus 20%.
Client agrees to protect the integrity and security of the LAN by installing and maintaining virus protection on each of itscomputers. It is the responsibility of Client to have sufficient understanding of their computer network and virus issuesor employ a consultant for such purposes. It is not Summit's responsibility to protect Client from spammers, hackers andviruses. If Summit discovers that Client's computers have been infected or corrupted by such outside threats, Summit willdisconnect Client from the VLAN and, if necessary, retain an IT consultant to undertake whatever repairs are required as aresult of Client's negligence on these matters. In such case, Summit will bill Client for the full amount plus 20% of the ITConsultant's charges.
If Client or a member of Client's staff insists that Summit's staff diagnose or repair Internet issues, if the issue was caused by Summit's negligence, equipment failure or Summit's service provider's lack of connectivity, there will be no charge tothe Client. If the issue was due to Client's inability to diagnose or repair issues that are/were Client's responsibilities,Client will be invoiced at $100 per hour, 1/2 hour minimum and 'A hour increments for a technician of Summit's choosingto make the necessary repairs.
If Client intends to use the internet for "intense" applications, Client will notify Summit of its intention and the amount ofbandwidth required. Summit will provide additional bandwidth to Client at agreed upon market rates Summit reservesthe right to "throttle" Client's internet usage if it becomes cessive.
AGRICULTURAL,/N4C.,
May 21, 2014
Summit Executive Suites 13575 58th Street NorthClearwater, FL. 33760
RE: Suite 138
To Whom It May Concern,
Marij Agricultural, Inc.15500 George Blvd.Suite A
Clearwater, Florida33760
Below are the terms that were agreed upon today, May st,/ 014, for occupancy.
17
1) The lease will be a 6 month lease (prorated for 1is n May) at a rate of $775.00 monthly or $4,844 paid in full plus tax
and one month refundable security deposit which include cleaning service, free coffee and bottled water for our guests and all ielectric & janitorial services for suite 138.
2) Marij Agricultural, Inc. will get 16 hours (Included in the lease at no charge) of conference room usage in any one of the 8rooms provided. Any unused portion will be rolled over and accumulated for the future months. If Marij Agricultural, Inc. usesall 16 hours and any accumulated roll over time for any one month, the rate will be $25 - $40 plus taxhour for a
iti
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3) Marij Agricultural, Inc. will get all matching furniture for the 2 office suites which would include 2 desks eacVa la e
back chair and 2 front chairs, a conference table with 4 matching chairs, 1 large book cases, 1 small book case with plant on top2 trash cans and 2 large green silk plants.
4) Marij Agricultural, Inc. will get free hard wired high speed Internet into suite #138.
5) Marij Agricultural, Inc. will get one PO Box #138 with a refundable deposit for the key provided.
| 6) | Marij Agricultural, Inc. will be provided with one entry keys for suite 138 and can make additional keys at theirexpense. |
| 7) | Marij Agricultural, Inc., at their option, can lease monthly phone lines at a cost of $49.95 plus $10 per hand set and$39.95 for full, live answering services, plus tax. |
| 8) |               After 4 full months (Octft 2014) the landlord with notify us in writing about renewal. Marij will be provided the optionto renew for an additional six months at the same rate of $775 plus tax per month or $785 per month for a 3 monthlease or 95 on a month to mp kh basis going forward beginning Dec. 1St 2014. |
Exhibit A
| | | Qty
1 | Monthly
Recurring
Charges $722.55 | Refundable
Retainer | One-TimeFees & TotalDue Prior toMoving In |
| | |
| Rent Amount | | | |
| Sales Tax Rent | | | $ 50.58 | | |
| Total Monthly Rent/Std. Furniture with Tax | | | $773.13 | | |
Technology Package Internet (Bright House 15 mbps Hardwired Fiber Circuit) | --- | — , | | | |
Internet Usage Fee (12 Month Agreement)$ 49.95 Internet Usage Fee (6 Month Agreement)52.45 Internet Usage Fee (3 Month Agreement)$ 54.95 Internet Usage Fee (Month to Month Agreement)57.95 | Taxable
Taxable | 0 1 . | $ - |
$ 52.45 - | | |
| Taxable | 0 | | |
| Taxable | 0 | - | | |
| Internet Sub-total | 52.45 | | |
Telecommunications Sales Taxes Telephone Line and Usage Packages (VOIP/SIP Internet Trunking) | | | 9.65 | | |
| | | | | |
| Exhibit D (including Taxes)r | | 1 | $- | | |
| Total Monthly Technology Package | | | 62.10 | | |
| | TaxableTaxable' | 0 | | | |
| Additional Office Furniture Rentals | | | |
Desk & Chair & Floor Mat$ 20.00 Conference Table with 3 Guest Chairs$15.00 | $ - | | |
| 0 : | $ | | |
| File Cabinet or (2) Guest Chairs$10.00 | Taxable | 0 | $ - | | |
| Sales Tax on Furniture Rental | | | | | |
| Total Monthly Furniture Rental Package with Taxes | | | $ | | |
| | | | | $ | |
773.13 Refundable Retainer Rent (with Tax) Refundable Retainer Technology Package (with Tax) | | |
| | • | $ 62.10 | |
| Refundable Retainer Additional Furniture Rental Fees (with Tax) | | | : | $ - | |
| Refundable Key Retainer$ 19.95 | | 2 | • | $ 39.90 | |
| | | | | | |
| Office Preparation, Technology Connection & Telephone Programming Fees | | | | | $ 125.00 $ - $ |
Office Maintenance and/or Telephone Line andInternet Relocation Fee $ 79.95 One-Time Set-Up Fee$125.00 Total Preparation and Installation Fees Other One-Time Charges | Non-Taxable
Non-Taxable | 0
1 | | |
| | |
| | | |
| | | | |
| Technical Support for installation (/Hr)$79.95 | Non-Taxable | 0 | | |
| One-Time Admin Fee for Porting79.95 | Non-Taxable | 0 | |
| Total Fees | | 0 1 | $835.22 1 | $875.12 1 | $1,835.35 |
| | | | | | |
| |
| | | | | | |
| | | | | | |
| | | | |
| | | | | | |
| | | | | |
| | |
| Discounts & Promotions . | | | | | |
| on.awrv-) | TOT AL--- 1/t/e,3/ 3, 9-c) |
| | | | |
As a follow-up to our conversation this afternoon, MariJ Agricultural, Inc. would like toterminate our lease agreement with Summit Executive Center effective immediately perour addendum to the contract on a month to month basis. This will serve as our 60 day notice to relocate being completely moved out by December 31, 2015.
The team at MariJ Agricultural, Inc. would like to thank you for your professionalism andsupport during our stay at the Summit Executive Center.
ick P rtile
President/CEO
13575 58th StreetSuite 138
Clearwater, FL 33760rick@marijinc.com(727) 492-4208 tel
| We embrace the powerful idea that every footstep matters. We remain dedicated to building a profitable and sustainable21st century corporation...that is a worthy investment for our shareholders, a good environment for our employees, andindependent contractors, a respectable company in our communities, and a noble steward of our planets resources |
G &R Realty
8122 Dukes Wood Court • Bradenton, FL 34201
Tel: 941/355-0105
Gander2808@comcast.net
COMMERCIAL LEASE
THIS COMMERCIAL LEASE made and executed this2$ day of_________________, 2015 by and
between G & R Realty, LLC, a Florida limited liability company whose address is 8122 Dukes Wood Court,Bradenton, Florida 34201, hereinafter called "Lessor" and Tropiflora LLC, whose mailing address is 1357558th Street, Suite 138, Clearwater, Florida 33760, hereinafter called "Lessee", for and in consideration of therents to be paid hereunder, the mutual promises and covenants contained herein, and for other goodand valuable consideration, Landlord and Tenant, each intending to be legally bound, hereby covenantand agree as follows:
WITNESSETH:
1. A.Grant of Lease. That Lessor, being the owner of a office/warehouse building being in
Manatee County, Florida, with street address of 7216 21st Street East, Sarasota, Florida 34243 ("Building"),by these presents, does lease and demise unto Lessee the following:
Fully air-conditioned 3,200 SF free standing building (1,200 SF office &2,000 SF manufacturing) with parking
and by these presents, Lessee rents said premises (the "Premises") from Lessor for a rental consideration asprovided in Paragraph 3 hereinafter for each and every month of the term, payable in advance without setoff or diminishment on the 1'` day of each month.
The term of this Lease is for a period of 28 months commencing on the 1st day of July, 2015("Commencement Date"), and expiring at 12:01 A.M. on the 31st day of October, 2017 ("Initial Term").Occupancy shall commence on the 1st of November, 2015 ("Occupancy Date") unless Lease is terminated asprovided for herein.
B.Renewal Option. Lessee shall have the right to renew and extend this Lease inaccordance herewith for two (2) additional periods of two (2) years provided that at the end of the Termand at the time of exercising the option, Lessee is not in default of any term, condition or covenantcontained in this Lease, and also provided that Lessee has not had more than two (2) monetary defaults(even if subsequently cured) during the Lease Term. Lessee (but not any assignee or subtenant) shall have the option to renew this Lease, by written notice ("Notice") delivered to Lessor no later than 120 days priorto the expiration of the Term, for the time period described above and under the same terms, conditionsand covenants contained herein, except that the rent shall be increased four percent (4.0%) over the previous year of the lease, for the entire Initial Term and any Renewal Options exercised herein. Firstincrease shall occur twelve (12) months after Occupancy Date and rent shall be adjust every twelve (12)months thereafter.
2. Tenant Required Improvements. Lessee requires and shall, at its sole cost and expense,
cause the Premises to be remodeled and furnished to suit Lessee's needs for its intended use. Lessorhereby grants Lessee permission to:
| A. | Install upgraded security system including, but not limited too, alarm system, doorlocks, security shutters on doors and windows, and security cameras. |
| B. | Install computer network, phone system, and cable for network/internet. |
| C. | Remodel office area to suit Lessee's needs. This includes, but is not limited too, addingand removing walls, painting, flooring, and air-conditioning. Rough sketch of plannedimprovements is attached as Exhibit A. Lessor will have final approval of once drawingsof improvements are finalized. |
| D. | Add additional insulation and floor drains in warehouse. Lessee agrees to repair andreseal concrete after installation of floor drains. |
| E. | Install hot water heater. |
| G. | Install hoop tent in rear of building. Upon vacating the building Lessee agrees to repairany damage to concrete caused by installation of hoop tent. |
| H. | Install additional fencing and gating in order to secure back parking area. |
Lessee shall make no renovations or capital improvements to the property without the written consent ofLessor, which shall not be unreasonably withheld. If such written consent is obtained, all renovations and capital improvements made pursuant thereto shall be at Lessee's sole cost and expense and the same shallmeet all zoning and building codes and parking requirements of all governmental authorities havingjurisdiction thereof. Lessee covenants and agrees to keep the demised Premises free from all and any liensarising out of any work performed, materials furnished, or obligations incurred by the Lessee under any such undertaking. Lessee acknowledges and understands that Lessor shall have no right, authority, orprivilege to place or cause to be placed, a lien over the property of the Lessee, and the Lessee is prohibitedfrom any act which does incur or create a lien over the property of the Lessor. All improvements shallremain the property of Lessor upon expiration or earlier termination of this Lease.
3.Security Deposit, Prepaid Rent, Approval Period and Rent.
A. Security Deposit. A security deposit (hereinafter "Security Deposit") of TwoThousand Five Hundred and Thirty-Five 00/100ths Dollars ($2,535.00) Dollars shall be held by the Lessorto insure the Lessee's compliance with any of the terms of the Lease. The Security Deposit shall be heldand disposed of by the Lessor as permitted or required by law of this agreement. The Lessee may notapply the Security Deposit against rental payments. If the Lessor shall use part or all of the SecurityDeposit to make a payment required to be made by Lessee hereunder or following a default by Lessee,Lessee shall replenish the Security Deposit on demand.
B. Prepaid Rent and Security Deposit. Lessor requires Lessee to deposit withLessor rent for Approval Period in advance of Four Thousand and Forty-Nine and 67/100ths Dollars($4,049.67) and the Security Deposit of Two Thousand Five Hundred and Thirty-Five 00/100ths Dollars ($2,535.00) for a total of Six Thousand Five Hundred and Eighty-Four and 67/100ths Dollars ($6,584.67), due upon execution of this Lease.
If Lessee receives necessary approvals, Lessee shall notify Lessor in writing at which point Lessee will depositwith Lessor the first full month's rent in advance of Two Thousand Six Hundred and Ninety-Nine and78/100ths Dollars ($2,699.78) and last month's rent in advance of Two Thousand Eight Hundred and Sevenand 77/100ths Dollars ($2,807.77) for a total of Five Thousand Five Hundred and Seven and 55/100thsDollars ($5,507.55).
B.Approval Period. Lessor shall use Prepaid Rent as payment for the first three (3)
months of the Initial Term of this Lease ("Approval Period") while Lessee works to get necessary approvalsfor their business and use. During this Approval Period, Lessor agrees to provide Lessee with storage area inwarehouse as detailed in "Exhibit B". Lessee agrees to provide Lessor with a list of items being stored inwarehouse.
i. Option to Terminate. If Lessee fails to get necessary approvals during theApproval Period, Lessee shall notify Lessor in writing of their intent to terminate the Lease, at which pointthis Lease shall become null and void. Lessor shall return any full months of rent remaining from the prepaid Approval Period, plus Security Deposit. Lessee shall remove any items Lessee has stored inwarehouse per the listed provided to the Lessor.
ii. If Lessee receives necessary approvals, Lessee shall notify Lessor in writingand lease shall be in full force and effect. Along with this written notification, Lessee will include paymentfor If Lessee receives necessary approvals, Lessee shall notify Lessor in writing at which point Lessee willdeposit with Lessor the first full month's rent and last month's rent for a total of Five Thousand FiveHundred and Seven and 55/100ths Dollars ($5,507.55). Lessee's Option to Terminate during the ApprovalPeriod shall be null and void. Lessor shall retain all Prepaid Rent for Approval Period, and Security Depositwill continue to be held as detailed herein. Lessor shall then have 30 days to vacate premises, during which time Lessee can begin necessary modifications to the Building and Premises.
C.Lessee shall pay to Lessor for the premises the total rental consideration of
Sixty-Two Thousand and Fifty-Six and 80/100ths Dollars ($62,056.80), which shall be paid in monthly rentalinstallments (herein "Rent") during the Term hereof as follows:
| Term | Base Rent
For Term | Monthly
Base Rent | Sa les Tax
per Month
(6.5%) | Total Rent
per month
(Gross) |
| Approval Period: July 1, 2015 — October 31, 2015 | $3,801.00 | $1,267.00 | $82.39 | $1349.89 |
| October 1, 2015 — October 31, 2015 | -- | $0.00 | $0.00 | $0.00 |
| Year 1: November 1, 2015 — October 31, 2016 | $30,420.00 | $2,535.00 | $164.78 | $2,699.78 |
| Year 2: November 1, 2016 — October 31, 2017 | $31,636.80 | $2,636.40 | $171.37 | $2,807.77 |
| | $65,857.80 | Total Rent for Term |
Total monthly Rent due hereunder shall be payable in advance on the first day of each month commencingNovember 1, 2015, together with a sum equal to sales tax thereon and on any other sums due hereunderfrom Lessor to Lessee.
D.Late Payment Charge:For any installment of Rent or other charges past due for
more than 5 days, Lessee will be charged a one-time service charge of 10% of the installment or charges due as partial compensation to the Lessor for its extra efforts required in collecting such installment or charges.
4. Personal Property Tax. In addition to the Rents hereinabove reserved, Lessee covenantsand agrees that it shall be responsible for and pay when due all personal property taxes for their propertylocated on the premises.
5. Real Property Taxes. Lessor will be responsible for and pay when due all real estate advalorem taxes assessed against the property. Lessor shall only be responsible for payment of such tax based
upon the base calendar year of 2015. Lessee agrees to pay, in addition to Rent and Other Chargesprovided for herein, an amount equal to Lessee's Pro Rata Share of any increases in real estate advalorem taxes, over the 2015 base tax year. At the end of each calendar year occurring during the Term, Lessor shall give Lessee notice of the actual amount of such taxes for such calendar year and Lessee's ProRata Share thereof. Lessor shall bill Lessee for such increase and shall provide Lessee with evidence thereof.Lessee shall reimburse Lessor for all such increase within ten (10) days after receipt from Lessor of thebilling therefore, together with applicable sales tax thereon.
6. Use. Lessee covenants and agrees that the demised premises shall be used and occupiedas a low THC cannabis dispensing organization and for the storage of materials related to their use, and forno other purpose without Lessor's prior written consent. Lessee further covenants to allow no activities onthe property which would constitute a violation of any zoning ordinance or special permit use. Any fines or assessments resulting from such activities shall be paid immediately by Lessee, and all such activities shallimmediately cease. Lessee shall not use the property for any illegal purpose. Lessor agrees to acknowledgeand support Lessee's use as necessary for Lessee to receive required approvals.
7. Maintenance of Property.
A. Lessor shall keep the foundation, the roof, the exterior walls, and parking areas of the Building in good repair. Lessee, however, shall be required to make any repairs occasioned by theact or negligence of Lessee, its agents, employees, subtenants, licensees, invitees, guests andconcessionaires.
B. Lessor agrees to have building pressure washed and any microcracks in stuccosealed, upon notification by Lessee that they have received necessary approvals and will be movingforward with the Lease. Lessor agrees to make his best effort to have all items completed within 90days of Lessee's Occupancy Date.
C. At Lessee's sole cost and expense, Lessee shall keep the Premises in good, clean,and habitable condition. Lessee shall make all needed maintenance, repairs and replacements to thePremises, including repairs to, maintenance and replacements of windows, doors, door closure devices;window and door frames, moldings, locks and hardware; locks, interior lighting; plumbing and otherelectrical, mechanical and electromotive installation, equipment and fixtures; grounds, plantings, landscape,signs, placards, decorations or advertising media of any type; all improvements and betterments toPremises whether installed by Lessee or Lessor; interior painting or other treatment of interior walls; andceiling, ceiling grid and tiles, water sprinkler heads and/or fire alarm systems (in compliance with local FireCodes) and ceiling insulation.
D. Additionally, Lessee shall at its own expense during the term of the Lease maintaina preventative maintenance service agreement on the air conditioning and heating systems (the "HVACsystem") for the Premises. The service agreement shall provide for a minimum of a semi-annual inspection,quarterly filter replacement, checking of refrigerant operating pressures and temperatures, adjusting andlubricating of bearings and drives as required, checking all safety controls and thermostats on the airconditioning system. The service agreement shall also provide for an annual cleaning of the condenser coils,check of the heating systems, and adjustment and calibration of thermostats. A copy of the serviceagreement shall be provided to the Lessor after thirty (30) days from Occupancy Date and upon demandthereafter. Depending on Lessee's use, more frequent filter replacement may be necessary. In the event
that the HVAC unit(s) need to be replaced, Lessor agrees to replace the unit(s) and their sole cost andexpense.
8. Assignment and Subletting. Lessee may not assign this Lease, or any interest hereinwithout Lessor's written consent which consent shall not be unreasonably withheld. Notwithstanding theforegoing, and provided the use of the Premises remains consistent with Lessee's use, Lessee shall bepermitted to assign this Lease or sublet any part of the Premises without any further consent of Lessor toany affiliate, subsidiary, sister company or entity in which Lessee's parent company owns and holds thecontrolling interest. Upon such assignment or subletting Lessee, shall immediately provide to Lessor a copyof the fully executed assignment or sublease containing all terms, rents and addresses of theassignee/sublessee. In the event of an assignment or sublease, any monthly rental received by Lessee which exceeds the total monthly Rent due as determined in paragraph 3 above, shall immediately beremitted to Lessor. In all events, Lessee shall remain primarily liable for all obligations under this Lease. Inall events, Lessee shall remain primarily liable for all obligations under this lease.
9. Delinquent Payments. Should Lessee allow any payment of Rent hereinabove specified tobecome delinquent and remain delinquent for twenty (20) days after the same is due, then Lessor shallhave the right to re-enter and retake possession of the leasehold Premises, and this Lease shallautomatically be terminated. Bankruptcy of Lessee or assignment for the benefit of creditors shall likewiseoperate as termination of the right of possession of the Premises, and shall not waive Lessor's right or estopLessor from repossessing the Premises for subsequent defaults and in such event, Lessee agrees topeaceably surrender possession.
10. Right to Lease. Lessor covenants that it is the owner of the above property, and further that it has good and lawful authority to lease the same, and that Lessee may peacefully occupy and enjoythe Premises subject to the terms hereof, and further that all city, county and State taxes and assessments against said lands have been paid to the current year.
11. Utilities. During the term of this Lease, Lessee shall be responsible for and agrees to paywhen due, all utility charges (including but not limited to electricity, phone, internet, water, sewage andgas), and garbage collection pertaining to the leasehold Premises. Lessee may utilize the alarm system atthe Premises, and Lessee shall be responsible for all service and operating costs and expenses associated.Lessee shall be responsible for any utility service that Lessee brings to, installs and uses in the Premises,such as (by way of illustration and not as limitation) cable, internet, phone or other electronic media.
12. Signs. It is agreed that Lessee shall have the right to place its signage on the existing pylonsign along with the signage of the other Lessees. Lessee shall be responsible for paying its portion of saidsign in addition to Rent and other expenses for which Lessee is responsible hereunder. Lessee may alsoplace its sign directly on the Building provided, however, that all such signage shall be in locationsacceptable to Lessor. All signs so placed by Lessee shall comply with the local sign ordinance for approvedsquare footage of overall exterior signage, any building code of the city or the county within which the Premises are situated, or any other governmental authority which might hereafter have jurisdiction, andfurther that the same shall be installed in a workmanlike manner, and in a manner which will not, in anyway, cause damage to the Premises.
13. Removal of Personal Property at Termination. It is agreed that all furniture and movableequipment ("Lessee Personal Property") placed on the Premises by Lessee is the property of Lessee, andupon termination of this agreement, Lessee shall have the right to remove all such Lessee Personal Property
from the Premises,. The Tenant Improvements are and shall remain the property of Lessor. Lessee furthercovenants that it will exercise due care in removal of such Lessee Personal Property, and cause suchremoval to be done in a workmanlike manner, and shall restore the Premises to the original condition,normal wear and tear excepted, and save Lessor harmless from any damage caused in and about suchremoval. The foregoing shall constitute a waiver of Lessor's lien under Section 83.08,Florida Statutes,asamended or renumbered from time to time.
14.Lessee's Insurance; Indemnification. During the term of this Lease, or any extension
hereof, Lessee covenants and agrees, at its cost and expense, to obtain and keep in full force and effect,commercial general liability insurance for the Premises which shall be for the benefit of the parties heretoas their interest may appear, insuring said parties against damage to property or person or any person orparty by reason of property damage or personal injury occurring on the Premises. Said policy shall be in aminimum amount of One Million and No/100ths Dollars ($1,000,000.00) for personal injury or death for anyone person as a result of any one accident and a minimum of Two Million and No/100ths Dollars($2,000,000.00), with a Four Million and No/100ths Dollars umbrella policy, for injury or death of more thanone person for any one accident, and property damage insurance with minimum limits of Five Hundred andNo/100ths Dollars ($500,000.00). Lessee shall also carry business interruption insurance in an amountsufficient to cover Lessee's financial obligations hereunder. Lessor shall be furnished, upon request, with certificate of insurance showing coverage to be in force and effect, and showing that the Lessor is named asan additional insured on the policy. Lessee shall be responsible for insuring their personal property locatedon the Premises.
Lessee further agrees to indemnify and save Lessor harmless from any and all claims with respect to bodilyinjury or property damage arising from any breach or default in the performance of any covenant oragreement on Lessee's part to be performed pursuant to the terms of this Lease or arising from Lessee'snegligence or intentional acts or the negligence or intentional acts of any of Lessee's agents, employees,contractors, invitees, licensees and assignees, including all costs, expenses and counsel fees incurred inconnection with any such claim; and if any action or proceeding is brought against Lessor by reason of anysuch claim, Lessee, upon notice from Lessor, covenants to resist or defend such action or proceeding at itsexpense.
Lessor agrees to indemnify and save Lessee harmless from any and all claims with respect to bodily injury orproperty damage arising from any breach or default in the performance of any covenant or agreement on Lessor's part to be performed pursuant to the terms of this Lease or arising from Lessor's negligence orintentional acts or the negligence or intentional acts of any of Lessor's agents, employees, contractors,invitees, licensees and assignees, including all costs, expenses and counsel fees incurred in connection withany such claim; and if any action or proceeding is brought against Lessee by reason of any suchclaim, Lessor, upon notice from Lessee, covenants to resist or defend such action or proceeding at itsexpense.
Lessor shall provide and keep in full force and effect windstorm, fire and extended coverage insurance("Casualty Insurance") for the full insurable value of improvements. In the event of loss or damage to thePremises by any insured cause, the proceeds of the insurance will be used to repair and rebuild theimprovements subject to paragraph 15 hereof. Lessor shall only be responsible for payment of suchCasualty Insurance based upon the base calendar year of 2015. Lessee agrees to pay, in addition to Rentand other charges provided for herein, an amount equal to Lessee's Pro Rata Share of any increases inthe premiums for the Casualty Insurance, over the 2015 base tax year. At the renewal of the CasualtyInsurance policy, Lessor shall give Lessee notice of Lessee's Pro Rata Share thereof. Lessor shall bill Lessee
for such pro rata share of the premium and shall provide Lessee with evidence thereof. Lessee shallreimburse Lessor for the sums due within ten (10) days after receipt from Lessor of the billing therefore,together with applicable sales tax thereon.
15.Destruction of Premises. If, at any time after the execution of this Lease, the Premises,
or any portion thereof or any portion of the Building or related improvements integral to the Lessee'suse of the Premises, should be damaged or destroyed by fire, the elements or casualty (collectively inthis Section "Casualty"), the following provisions shall govern the rights and obligations of Lessor andLessee.
A. In the event of partial destruction of the Premises or any portion of the Buildingor related improvements integral to the Lessee's use of the Premises where damage is less than twenty five percent (25%) loss, the Lessor shall forthwith repair the same provided such repairs can be madewithin 120 days of the date of such damage or destruction. Lessor shall keep Lessee informed ofprogress and expected date of completion of repairs. If repairs are not substantially complete withinsuch 120-day period, Lessee may elect to terminate the Lease.
B. In the event of partial or total destruction of the Premises or any portion of theBuilding or related improvements integral to the Lessee's use of the Premises where damage is twentyfive percent (25%) or more loss, Lessee shall have the right to terminate this Lease if repairs cannot becompleted within 150 days from the date of the damage or destruction. Within thirty (30) days aftersuch damage or destruction, Lessor shall advise Lessee if the repairs can be made within suchtimeframe. If Lessor advises that repairs can be completed within such time frame and if repairs are notsubstantially complete within such 150-day period, Lessee may elect to terminate the Lease. Lessorshall keep Lessee informed of progress and expected date of completion of repairs.
C. Rent and any other charges due to Lessor hereunder shall be abated during theperiod for which any portion of the Premises or any portion of the Building or related improvementsintegral to the Lessee's use of the Premises are unusable as a result of such damage or destruction andduring the repair period. The term of the Lease shall be automatically extended by a period of timeequal to the repair period, at Lessee's election.
16.Condemnation. If all, or substantially all, of the Premises is taken pursuant to eminent
domain proceedings or sold to a governmental entity under a threat of eminent domain proceedings, suchthat the remaining Premises cannot be used by Lessee in the conduct of its business, then this Lease shallterminate as of the date of the taking, and neither party shall have any further obligations, responsibilities,or rights against the other party.
Lessee shall not have any claim against the sale proceeds, or court-awarded proceeds, but Lessee may joinany such Court proceedings or bring a separate action or claim against the governmental entity bringing orthreatening such eminent domain proceedings, for an award for payment resulting from damages toLessee's business resulting from a taking by such governmental entity under the rights of eminent domain.
If a portion of the Premises is taken by eminent domain, but Lessee can continue to use the Premises in theconduct of its business, then, in that event, this Lease shall continue and Lessee shall continue to perform allof its obligations and responsibilities under the Lease, including the payment of rent, without reduction orapportionment.
17. Abandonment. Lessee agrees not to vacate or abandon the Premises at any time duringthe demised term, and should Lessee vacate or abandon the Premises, or be dispossessed by process oflaw, or otherwise, such abandonment, vacation, or dispossession shall be considered a breach of this Lease,and in addition to any other rights which Lessor might have, the Lessor may re-enter possession and removeany personal property belonging to Lessee which remains on the Premises, and store the same, suchremoval and storage to be for the account of the Lessee.
18. Default. Lessee shall be deemed in default of Lessee's obligations under this Lease uponthe occurrence of any of the following: (i) Lessee's continued default in payment of any sums duehereunder for a period of ten (10) days; (ii) Lessee's continued default in performance of any othercovenant, promise or obligation of this Lease for a period of fifteen (15) days after receipt by Lessed ofwritten notice thereof from Lessor, or if Lessee's default is of a type that is not reasonably possible to curewithin fifteen (15) days, if Lessee has not commenced to cure said default within said fifteen (15) day periodand does not thereafter diligently prosecute the curing of said default to completion; (iii) any act oromission of Lessee constituting an anticipatory breach or repudiation of this Lease; (iv) the involuntary orvoluntary filing under reorganization, bankruptcy, or insolvency law or appointment of a receiver or trusteefor, Lessee or its property; (v) the sale of Lessee's interest under this Lease by execution or other legalprocess; (vi) Lessee making an assignment or transfer for the benefit of creditors; (vii) Lessee'sabandonment or vacation of the Premises during the term of this Lease (Lessee's non-occupation of the Premises or failure to conduct business for a period of thirty (30) days shall be conclusively deemed anabandonment); or (viii) the seizure, sequestration, or impounding by virtue or under authority of any legal proceeding of any of the personal property or fixtures of Lessee used in or incident to the operation of thePremises.
19. Lessor's Remedies. Upon Lessee's default hereunder, Lessor may exercise any one or all ofthe following options: (i) Terminate Lessee's right to possession under this Lease and reenter and takepossession of the Premises and relet or attempt to relet the Premises on behalf of Lessee, at such rental andunder such terms and conditions as Lessor may, in the exercise of Lessor's sole and absolute discretion,deem best under the circumstances for the purpose of reducing Lessee's liability; and Lessor shall not bedeemed to have thereby accepted a surrender of the Premises, and Lessee shall remain liable for all sumsdue under this Lease and for all damages suffered by Lessor because of Lessee's breach of any of thecovenants of this Lease. At any time during such repossession or reletting, Lessor may, by delivering written notice to Lessee, elect to exercise its option under the following subparagraph to accept a surrender of thepremises, terminate and cancel this Lease, and retake possession and occupancy of the Premises on behalfof the Lessor. Nothing contained in this subparagraph shall be construed as imposing any enforceable dutyupon Lessor to relet the Premises or otherwise mitigate or minimize Lessor's damages by virtue of Lessee'sdefault. (ii) Declare this Lease to be terminated, and reenter upon and take possession of the Premises without notice to Lessee, whereupon the term hereby granted and all right, title and interest of Lessee inthe Premises shall terminate. Such termination shall be without prejudice to Lessor's right to collect from Lessee any sums due hereunder which have accrued prior to such termination, together with all damagessuffered by Lessor because of Lessee's breach of any covenant contained in this Lease. Lessee herebyexpressly waives any and all notices or demands of delivery of possession required by law or otherwise. (iii)Declare the entire remaining sums due hereunder (to the extent then known) for the term of this Lease tobe immediately due and payable, and, at Lessor's option, take immediate action to recover and collect the same by any available procedure. The remedies provided in this paragraph shall be cumulative to thoseprovided elsewhere herein or by law.
20. Compliance with Law. Lessee covenants and agrees that it shall comply promptly with alllaws, rules, and regulations of any governing body, having jurisdiction over the property orthebusinessconducted thereon, whether federal, state or municipal or any branch thereof, and further that it willcomply with the requirements of the Board of Fire Underwriters concerning the Premises.
21. Utilities for Premises. Lessor further warrants that sewer, water and electricity for theintended use are available to the leased Premises, and that there are no unusual conditions respecting theleasehold Premises which would prevent the intended use thereof by the Lessee. Lessor shall beresponsible for all utility charges and repair subject to Paragraph 11 or this Lease.
22. Attorney Fees; Costs. In any litigation arising out of this Lease, the prevailing party shall beentitled to recover reasonable attorney's fees and costs from the other.
23. Warranties. Lessor warrants that there are no facts known to it materially affecting thevalue of the Premises which are not readily observable by Lessee or which have not been disclosed toLessee.
24. Radon Gas. Notice to prospective Purchasers/Lessees. Radon is a naturally occurringradioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines havebeen found in buildings in Florida. Additional information regarding radon and radon testing may beobtained from your county public health unit. This disclosure is made pursuant to Section 404.056(8),Florida Statutes.
25. Relationship of Parties. It is understood and agreed that the relationship of the partieshereto is strictly that of Lessor and Lessee, and that Lessor has no ownership in the Lessee's business, and that in no manner shall this Lease be construed as granting any such right to Lessor. Lessee, on the other hand, is not and shall not, under any condition, be deemed to be an agent or representative of Lessor.
26. Damage Caused by Lessee. In the event Lessee shall have caused damage to the Premiseswhich shall not have been repaired prior to termination of the Lease, then Lessor shall be entitled to repairthe same within forty-five (45) days after termination and recover the full cost of such repair work fromLessee and Lessee shall make payment to Lessor immediately upon demand by Lessor.
27. Time of Essence. Time is of the essence of this Lease, and of each and every provisionhereof.
28. Governing Law. This Lease shall be construed and enforced in accordance with the laws ofthe State of Florida.
29. Binding Effect. This Lease shall be binding upon the parties hereto, their heirs, personalrepresentatives, successors, and assigns, and all of the terms, covenants, and provisions hereof shall enureto the benefit of the heirs, personal representatives, successors, and assigns of the parties hereto, providedthat nothing herein contained shall be deemed to permit any assignment of subletting contrary to theforegoing provisions hereof.
30. Meaning of Pronouns and Genders. Whenever the context hereof so requires, the singular shall include the plural, and the use of masculine or neuter gender shall be construed to include all genders.
31. Headings. The headings used herein are inserted merely as a matter of convenience andshall not alter or have any effect upon the meaning, terms, or substance of this agreement.
32. Condition of Property. The property is being leased to Lessee in "as is" condition and therental consideration reflects such. Lessee has inspected the Premises and, subject only to Lessor'sobligation to replace the existing carpet, accepts the Premises "as is".
33. Mold. Mold is part of the natural environment that, when accumulated in sufficient quantities, may present health risks to susceptible persons. For more information, contact the countyindoor air quality specialist or other appropriate professional.
34. Parking. Lessee, its employees, customers and invitees may use, exclusively, the onsiteparking associated with the Building at all times at no additional rental consideration.
35. Authority. The individual officer executing this Lease on behalf of Lessee covenants andwarrants to Lessor that he/she is duly authorized by Lessee so to do pursuant to all required corporateresolutions and approvals and that upon execution by such officer on behalf of Lessee, Lessee shall be fully bound by the terms hereof.
36. ADA. Lessor makes no representations or warranties that the Premises, as presently constructed and improved, or as the Premises shall be constructed or improved in accordance with thisLease or any separate agreement signed by Lessor and Lessee, are in compliance with, or shall subsequently comply with, the Americans with Disabilities Act of 1990, Public Law 101-336, as amplified by the final rule promulgated by the Department of Justice in Section 28 of the Code of Federal Regulations, Part 36, as theaforesaid Act or Regulations may be hereafter modified or amended ('ADA') or the Florida ArchitecturalBarriers Act or similar law. If any improvements make to the building cause the Premises to be brought up to compliance with the ADA code, then Lessee agrees bring the property up to compliance at its sole costand expense.
37. Exclusivity. Lessor shall not use or allow any other person or entity (except Lessee) to use any portion of the Property for office and retail purpose.
38. Holding Over. If Lessee continues to occupy the Premises after the expiration of the termof this Lease, a monthly tenancy terminable by either party on one (1) month's notice shall be created,which shall be upon the same terms and conditions as those herein specified, except the provisions relatingto rent. The monthly Rent during such holdover period shall be one hundred twenty five percent (125%) ofthe Rent due for the month immediately preceding such holdover period. Lessee shall also continue to beliable to Lessor for the Taxes and insurance payments and all other costs expenses hereunder as calculatedand due hereunder during the Holdover period. In the absence of the written consent of Lessor to suchholding-over, the mere payment and acceptance of rent shall not be deemed a renewal of the Lease term.
39. IT Services.Lessor shall not have the right to designate or require that Lessee use any
particular vendor or service provider for its telephone, internet or electronic media services. Lessee shallhave the right to use any vendor or service provider, as selected by Lessee (at Lessee's sole cost andexpense including any installation costs), of telephone system, internet provider or electronic media.
40. Attorneys' Fees and Costs. In the event Lessee fails to pay Rent above required, or should
it default in any of its covenants with Lessor set forth herein so that it becomes necessary for Lessor toemploy an attorney to collect rents or to recover possession of the Premises, or to enforce any covenanthereunder, whether or not a lawsuit or other proceeding is filed, then Lessee shall pay all costs ofcollection and expenses of recovering possession, including its reasonable attorneys' fees and costs,whether incurred before suit, during suit, at the appellate level, or in bankruptcy. Lessor shall also be entitled to recover any attorneys' fees and costs incurred in litigating the entitlement to attorneys' feesand costs, as well as in determining or quantifying the amount of attorneys' fees and costs due to it.
The reasonable costs that the prevailing party shall be entitled to recover pursuant to this Paragraphshall include any costs that are taxable pursuant to any applicable statute, rule, or guideline (including,but not limited to, the Statewide Uniform Guidelines for Taxation of Costs), as well as costs not taxablethereunder. Such recoverable costs shall specifically include, but not be limited to, 1) costs ofinvestigation; 2) costs of copying documents and other materials, whether for discovery, filing with thecourt, internal review, or any other purpose; 3) costs for electronic discovery; 4) Westlaw, Lexis Nexis, orother electronic research service charges; 5) telephone charges; 6) mailing commercial delivery service,and courier charges; 7) travel expenses, whether for investigation, depositions, hearings, trial, or any other purpose; 8) information technology support charges; 9) any and all consultant or expert witnessfees, whether or not such fees are incurred in connection with a court-ordered report or testimony at adeposition, hearing, or trial; 10) court reporter and transcript fees, whether for deposition, trial, or anevidentiary or non-evidentiary hearing; 11) mediator fees; and 12) any other reasonable cost incurred by the prevailing party in connection with the dispute.
41. Corporate Guaranty. This Lease shall be guaranteed by Tropiflora LLC, who shallexecute a Guaranty identical to the form attached hereto asExhibit C which is a condition precedent of Lessor's obligations hereunder.
42. Right of First Refusal. In the event Lessor desires to sell the Property and Lessorreceives a written offer from a Third Party Prospective Purchaser to purchase the Property ("WrittenOffer"), Lessor shall notify Lessee of Lessor's desire to sell the Property and shall send the Written Offercontaining at a minimum, the purchase price, closing cost allocations, and time frame for the closing, on which the Third Party Prospective Purchaser is willing to purchase the Property. Lessee shall have fifteen(15) days from the date of its receipt of any such notice in which to submit a purchase contract to Lessorwhich contract shall be accepted by Lessor if it meets the terms specified in the Written Offer forpurchase of the Property by the Third Party Prospective Purchaser. In the event Lessee does not submitsuch purchase contract to Lessor by 5:00 pm EST, on said fifteenth (15) day after receipt of Lessor's notice, then Lessor may execute the exact same Written Offer presented to the Lessee from the Third Party Prospective Purchaser to sell the Property to the Third Party Prospective Purchaser. Lessee willexecute any form of document required by Lessor to terminate the Lessee's right of first refusal topurchase the Property within fifteen (15) days of Lessor's request that Lessee sign such a document("Termination Document") in order for the Lessee to sell the Property to the Third Party Prospective Purchaser without the restriction contained in this Amended and Restated Affidavit. The parties agreethat there will be no obligation for the Lessee to sign a Termination Document in the event that the Lessee does not execute the Written Offer or in the event that the Written Offer changes in any wayfrom that submitted to the Lessee. The Lessor and Lessee agree that the right of first refusal shall runwith the Land, survive subsequent transfers, and shall be effective for six (6) years from the date of thisagreement.
43.Option to Purchase. Lessee shall have the option to purchase the Building and Premises.
The final purchase price shall be determined by the average priceoftwo MAI appraisals; however, such final price shall not exceed a decrease of 10% of the owner's current asking price of $575,000.00. TheLessee and the Lessor shall each select an MAI appraiser at their sole cost and expense. In the event anagreedtoprice is not reached the parties shall obtain a third MAI appraisal and share the cost to help facilitate an agreed to average price.
A. Lessee may exercise its option to purchase by giving written notice of itsintention to the LESSOR, anytime after the 24th month of the Initial Term of this Lease. Together with the notice to exercise its option to purchase, Lessee shall include a deposit check in the amount of $20,000.00, which shall be held in escrow by Lessor's attorney. Such good faith deposit shall apply ascredit to the purchase price upon closing, and refundable under the terms of a Commercial Contract toPurchase executed by Lessor and Lessee.
B. Real estate taxes, association fees, and utility bills, insurance premiums to the demised premises shall be prorated to the date of closing, unless Lessee is paying for any of these items under its lease obligations. Interest due on any mortgage or mortgages shall be the responsibility of the Lessor. Any prepaid rent and security deposit shall be credited to the benefit of Lessee at closing. Lesseeshall pay the charges for Title policy and Survey. Lessor to pay for doc stamps on deed.
C. The Lessee may choose to obtain third party financing.
D. Once terms are agreed to Lessor and Lessee will execute a Commercial Contractto Purchase which will have precedence over this Lease.
44.Brokers. Lessor is responsible for any brokerage commission due to Michael Saunders &
Company and any co-broke Harry E. Robbins & Associates, Inc., will be paid from such amount otherwiseowed to Michael Saunders & Company. Lessor knows of no other party entitled to a commission.
Lessee represents to Lessor that Tenant has not dealt with any other broker relative to this Lease otherthan Harry E. Robbins & Associates, Inc. Lessee shall be responsible for any commission due to anyother party other than Michael Saunders & Company and Harry E. Robbins & Associates, Inc.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES ON NEXT PAGE
IN WITNESS WHEREOF,the parties hereto have executed these presents the day and year firstabove written.
Signed and delivered in the presence of:
Name:-57
Name: r4f)10PV-k-c_
"LESSOR"
40'
•------- - 14'X14'
      AIR CONDITIONED
WAREHOUSE | 14'X 14' |
OFFICE
12' X 9'
OFFICE
12' X 7'
7216 21ST STREET EAST
SARASOTA, FLORIDA
NOTE: Not drawntoexactscale. Some measurements are approximate. The information being provided to you Isnot guaranteed
to be free of errors. No independent verification of the accuracy of any information or documentation is represented by the real estate licensee.
14' X 14'
TENANT
STORAGE
AREA
DURING
APPROVAL
PERIOD
AIR CONDITIONED
WAREHOUSE | 14' X 14' |
CONFERENCE
ROOM
12' X 16.6'
OFFICE
12' X 12'
NOTE: Not drawn to exact scale. Some measurements are approximate. Do notduplicate, publish, modifyor otherwise distribute thesematerials unless specifically authorized by Bob Kolton, Roberta KoltunorMichael Saunders & Company.The information being provided toyou is not guaranteed to be tree of errors. No independent verification of the accuracy of any information or documentation is representedbythe real estate licensee.
CORPORATE GUARANTY OF LEASE
Corporation 1, Joseph Sansonetti, representing TROPIFLORA LLC, do hereby AT BOTTOM OF SAIDDOCUMENT guarantee rental payment for the tenancy. Of TROPIFLORA LLC at 7216 215' Street East,Sarasota, Florida 34243.
In addition, TROPIFLORA LLC guarantees to pay for any repairs, or for other damages caused to said unit,or to any common areas for which TROPIFLORA LLC said tenant is responsible. TROPIFLORA LLCguarantee to pay for any repairs or damages to said unit or common areas caused by guests of thetenant or by any other visitor, or invitee of the tenant or any person under the control of said tenant.TROPIFLORA LLC also guarantee's payments pursuant to any lease provision signed by the above-named tenant and any extension of the lease thereof including but not limited to rental payments, eviction andcollection proceedings, and reasonable attorney fees incurred in any rent collection or damages dispute.
The Lease shall be governed by and interpreted in accordance with the laws of the State of Florida, s.381.986, Florida Statutes, [Appendix I], and Rule 64-4, promulgated by the Office of Compassionate Use,Department of Health, [Appendix II]. If any of the provision of the Lease shall be determined to beinvalid or unenforceable under applicable law, such provision shall, insofar as possible, be construed orapplied in such manner as will, enforcement; Otherwise, the Lease shall be construed as if suchprovision had neverbeenmade a part thereof.
In Witness whereof, the parties hereto have affixed or caused to be affixed TROPIFLORA LLC theirrespective representative Signature this .2? day of June, 2015.
Signed, sealed and deliveredin the presence of:
Guarantor's Address:
Tropiflora LLC
13575 58th Street, Suite 138Clearwater, Florida 33760
STATE OF ri 10 rteigu
COUNTY OF AADAttiftt
I The foregoing instrument was subscribed and sworn to before me thisdr,day of
_____________, 2015, byJplefii V. 5,0.40136y1tth,
who is personally known to me,
qwho produced ______as identification, and who
acknowledged before me that he executed the same freely and voluntarily for the purposes thereinexpressed.
My Commission Expires:
 | 004t,e/4 /;4tt/le,51-4)wr Print Name, |
NOTARY PUBLIC-STATE OF Orrait, Commission No. FE g 5512 | |
| |
3,200 sq. ft. Fully A/C'ed Office I Warehouse Building
7216 21st Street East, Sarasota, FL 34243
Listing ID.
Status:
Property Type:Industrial Type:Contiguous Space:Total Available:Rental Rate;
Base Monthly Rent:Lease Type:
Ceiling:
Office SF:
Drive-in Bays:
28848983Active
IndustrialForLease
Free-Standing, Industrial-Business Park3,200 SF
3,200 SF
$2,535 (Monthly)
$9.51 PSF (Annual)
$2,535
Gross Lease
16 ft.
1,200 SF2 Bays
Property Overview
3,200 sq. ft. fully air conditioned, free standing office/warehouse buildingwith 1,200 sq. ft. of office area including a reception area, 2 private offices,large conference room and break room. Air conditioned warehouse with 16'ceilings, 2 - 14' x 14' overhead doors, sealed floors, high bay lighting, and single phase power. Clean, well maintained building, located on a corner lot
Listing Details
General Information
with excellent parking and access. Located in the Centre Park of Commerce,just south of Whitfield Ave, off Highway 301. Lease rate is gross including real estate taxes, building insurance, park association fees and lawnmaintenance.
| Tax ED Number/APN: | 1985300459 | Zoning: | L-M |
| Industrial Type. | Free-Standing, Industrial-Business Park,Warehouse/Distribution | Building Size (RSF): | 3,200 SF |
| Available Space | | | |
| Suite/Unit Number: | 7216 | Conference Rooms: | 1 |
| Space Available: | 3,200 SF | Offices: | 2 |
| Minimum Divisible: | 3,200 SF | Office SF: | 1,200 SF |
| Maximum Contiguous: | 3,200 SF | Parking Spaces: | 16 |
| Space Type: | Relet | DriveinBays: | 2 |
| Lease Rate: | $2,535 (Monthly) | Clear Height: | 16 |
| Lease Type: | Gross Lease | | |
| Area & Location | | | |
| Property Located Between: | Whitfield & Tallevast | | |
| Side of Street: | West | | |
| Building Related | | | |
| Tenancy: | Single Tenant | Total Parking Spaces: | 16 |
| Total Number of Buildings: | 1 | Amps: | 200 |
| Number of Stories: | 2 | X-Pbase: | Single & 3-phase |
| Property Condition: | Excellent | Air Conditioning: | Package Unit |
| Year Built: | 2006 | | |
| Land Related | | | |
| Land Area: | 0.64 SF | | |
Prepared by Samuel S Erb, HARRY ROBBINS ASSOC INC941-915-1005 [MJ 941-915-1005 [01samerbreatturftmail.con
Jun 2, 2015 on MFCRE Reai Estate License: 3234814
Location
Address:7216 21st Street East, Sarasota, FL 34243
County:Manatee
MSA:North Port-Sarasota-Bradenton
1';•
•
1'1411,1.
Map data 2215 Google
Property Contacts
Samuel S Erb
HARRY ROBBINS ASSOC INC
941-915-1005 [Ml 941-915-1005 [0]sarnerbreaitor@grnail.con
____Page 2
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!-,,,;;;;',;„n,1r;;
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An act relating to cannabis; providing a short title;creating s. 381.986, F.S.; defining terms; authorizingspecified physicians to order low-THC cannabis for useby specified patients; providing conditions;
prohibiting specified acts by physicians or personsseeking low-THC cannabis; providing criminal
penalties; requiring physician education; providing duties of the Department of Health; requiring thedepartment to create a compassionate use registry;providing requirements for the registry; requiring thedepartment to authorize a specified number of
dispensing organizations; authorizing rulemaking;providing requirements and duties for a dispensingorganization; providing exceptions to specified laws;creating s. 385.211, F.S.; defining the term "low-THC cannabis"; authorizing certain medical centers toconduct research on cannabidiol and low-THC cannabis;authorizing state or privately obtained research fundsto be used to support such research; creating s.385.212, F.S.; requiring the department to establish an Office of Compassionate Use; authorizing the officeto engage in specified activities; authorizing rulemaking; amending s. 893.02, F.S.; revising the term "cannabis" as used in the Florida ComprehensiveDrug Abuse Prevention and Control Act and as
applicable to certain criminal offenses proscribingthe sale, manufacture, delivery, possession,
dispensing, distribution, or purchase of cannabis, to.
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which penalties apply; creating s. 1004.441, F.S.;defining the term "low-THC cannabis"; authorizingstate universities with both medical and agriculturalresearch programs to conduct specified research on
cannabidiol and low-THC cannabis; authorizing state orprivately obtained research funds to be used tosupport such research; providing an appropriation tothe department for research of cannabidiol and itseffect on intractable childhood epilepsy; specifyinghow biomedical research funding for research of cannabidiol and its effect on intractable childhoodepilepsy shall be awarded; specifying who may applyfor such funding; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.This act may be cited as the "Compassionate Medical Cannabis Act of 2014."
Section 2. Section 381.986, Florida Statutes, is created to
read:
381.986 Compassionate use of low-THC cannabis.—
(1) DEFINITIONS.—As used in this section, the term:
(a) "Dispensing organization" means an organizationapproved by the department to cultivate, process, and dispenselow-THC cannabis pursuant to this section.
(b) "Low-THC cannabis" means a plant of the genusCannabis,the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiolweight for weight; the seeds thereof; the resin extracted from
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derivative, mixture, or preparation of such plant or its seedsor resin that is dispensed only from a dispensing organization.
(c) "Medical use" means administration of the orderedamount of low-THC cannabis. The term does not include thepossession, use, or administration by smoking. The term alsodoes not include the transfer of low-THC cannabis to a person other than the qualified patient for whom it was ordered or the qualified patient's legal representative on behalf of thequalified patient.
(d) "Qualified patient" means a resident of this state whohas been added to the compassionate use registry by a physician licensed under chapter 458 or chapter 459 to receive low-THC cannabis from a dispensing organization.
(e) "Smoking" means burning or igniting a substance andinhaling the smoke. Smoking does not include the use of avaporizer.
(2) PHYSICIAN ORDERING.—Effective January 1, 2015, aphysician licensed under chapter 458 or chapter 459 who has examined and is treating a patient suffering from cancer or a physical medical condition that chronically produces symptoms ofseizures or severe and persistent muscle spasms may order forthe patient's medical use low-THC cannabis to treat suchdisease, disorder, or condition or to alleviate symptoms of such disease, disorder, or condition, if no other satisfactoryalternative treatment options exist for that patient and all ofthe following conditions apply:
(a) The patient is a permanent resident of this state.
(b) The physician determines that the risks of ordering
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prInTmn.nre,
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benefit for that patient. If a patient is younger than 18 yearsof age, a second physician must concur with this determination,and such determination must be documented in the patient'smedical record.
(c)The physician registers as the orderer of low-THCcannabis for the named patient on the compassionate use registrymaintained by the department and updates the registry to reflectthe contents of the order. The physician shall deactivate the patient's registration when treatment is discontinued.
(d)The physician maintains a patient treatment plan thatincludes the dose, route of administration, planned duration,and monitoring of the patient's symptoms and other indicators oftolerance or reaction to the low-THC cannabis.
(e)The physician submits the patient treatment planquarterly to the University of Florida College of Pharmacy forresearch on the safety and efficacy of low-THC cannabis on patients.
(f)The physician obtains the voluntary informed consent ofthe patient or the patient's legal guardian to treatment withlow-THC cannabis after sufficiently explaining the current stateof knowledge in the medical community of the effectiveness oftreatment of the patient's condition with low-THC cannabis, themedically acceptable alternatives, and the potential risks andside effects.
(3) PENALTIES.—
(a) A physician commits a misdemeanor of the first degree,punishable as provided in s. 775.082 or s. 775.083, if thephysician orders low-THC cannabis for a patient without a
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reasonable belief that the patient is suffering from:
1. Cancer or a physical medical condition that chronicallyproduces symptoms of seizures or severe and persistent muscle spasms that can be treated with low-THC cannabis; or
2. Symptoms of cancer or a physical medical condition thatchronically produces symptoms of seizures or severe and persistent muscle spasms that can be alleviated with low-THC cannabis.
(b) Any person who fraudulently represents that he or shehas cancer or a physical medical condition that chronicallyproduces symptoms of seizures or severe and persistent musclespasms to a physician for the purpose of being ordered low-THCcannabis by such physician commits a misdemeanor of the firstdegree, punishable as provided in s. 775.082 or s. 775.083.
(4) PHYSICIAN EDUCATION.—
(a) Before ordering low-THC cannabis for use by a patientin this state, the appropriate board shall require the orderingphysician licensed under chapter 458 or chapter 459 tosuccessfully complete an 8-hour course and subsequentexamination offered by the Florida Medical Association or the Florida Osteopathic Medical Association that encompasses theclinical indications for the appropriate use of low-THCcannabis, the appropriate delivery mechanisms, thecontraindications for such use, as well as the relevant stateand federal laws governing the ordering, dispensing, andpossessing of this substance. The first course and examination
shall be presented by October 1, 2014, and shall be administeredat least annually thereafter. Successful completion of thecourse may be used by a physician to satisfy 8 hours of the
continuing medical education requirements required by his or her respective board for licensure renewal. This course may be offered in a distance learning format.
(b) The appropriate board shall require the medicaldirector of each dispensing organization approved under subsection (5) to successfully complete a 2-hour course andsubsequent examination offered by the Florida MedicalAssociation or the Florida Osteopathic Medical Association thatencompasses appropriate safety procedures and knowledge of lowTHC cannabis.
(c) Successful completion of the course and examinationspecified in paragraph (a) is required for every physician whoorders low-THC cannabis each time such physician renews his or her license. In addition, successful completion of the courseand examination specified in paragraph (b) is required for the medical director of each dispensing organization each time such physician renews his or her license.
(d) A physician who fails to comply with this subsectionand who orders low-THC cannabis may be subject to disciplinaryaction under the applicable practice act and under s.456.072(1)(k).
(5) DUTIES OF THE DEPARTMENT.—By January 1, 2015, thedepartment shall:
(a) Create a secure, electronic, and online compassionateuse registry for the registration of physicians and patients asprovided under this section. The registry must be accessible tolaw enforcement agencies and to a dispensing organization in order to verify patient authorization for low-THC cannabis andrecord the low-THC cannabis dispensed. The registry must prevent
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| — 7777 77'7"-.---• | |
| Ne:`,YOVJAMotif— |
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(b) Authorize the establishment of five dispensingorganizations to ensure reasonable statewide accessibility andavailability as necessary for patients registered in thecompassionate use registry and who are ordered low-THC cannabisunder this section, one in each of the following regions:northwest Florida, northeast Florida, central Florida, southeastFlorida, and southwest Florida. The department shall develop an application form and impose an initial application and biennialrenewal fee that is sufficient to cover the costs ofadministering this section. An applicant for approval as adispensing organization must be able to demonstrate:
1. The technical and technological ability to cultivate andproduce low-THC cannabis. The applicant must possess a valid certificate of registration issued by the Department ofAgriculture and Consumer Services pursuant to s. 581.131 that isissued for the cultivation of more than 400,000 plants, beoperated by a nurseryman as defined in s. 581.011, and have beenoperated as a registered nursery in this state for at least 30continuous years.
2. The ability to secure the premises, resources, andpersonnel necessary to operate as a dispensing organization.
3. The ability to maintain accountability of all rawmaterials, finished products, and any byproducts to preventdiversion or unlawful access to or possession of these substances.
4. An infrastructure reasonably located to dispense low-THCcannabis to registered patients statewide or regionally asdetermined by the department.
5. The financial ability to maintain operations for the duration of the 2-year approval cycle, including the provisionof certified financials to the department. Upon approval, theapplicant must post a $5 million performance bond.
6. That all owners and managers have been fingerprinted andhave successfully passed a level 2 background screening pursuantto s. 435.04.
7. The employment of a medical director who is a physicianlicensed under chapter 458 or chapter 459 to supervise the activities of the dispensing organization.
(c) Monitor physician registration and ordering of low-THCcannabis for ordering practices that could facilitate unlawfuldiversion or misuse of low-THC cannabis and take disciplinaryaction as indicated.
(d) Adopt rules necessary to implement this section.
(6) DISPENSING ORGANIZATION.—An approved dispensing organization shall maintain compliance with the criteriademonstrated for selection and approval as a dispensingorganization under subsection (5) at all times. Beforedispensing low-THC cannabis to a qualified patient, thedispensing organization shall verify that the patient has anactive registration in the compassionate use registry, the orderpresented matches the order contents as recorded in theregistry, and the order has not already been filled. Upondispensing the low-THC cannabis, the dispensing organizationshall record in the registry the date, time, quantity, and formof low-THC cannabis dispensed.
(7) EXCEPTIONS TO OTHER LAWS.—
(a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
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any other provision of law, but subject to the requirements of this section, a qualified patient and the` qualifiedpatient'slegal representative may purchase and possess for the patient'smedical use up to the amount of low-THC cannabis ordered for thepatient.
(b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, orany other provision of law, but subject to the requirements ofthis section, an approved dispensing organization and itsowners, managers, and employees may manufacture, possess, sell,deliver, distribute, dispense, and lawfully dispose ofreasonable quantities, as established by department rule, oflow-THC cannabis. For purposes of this subsection, the terms"manufacture," "possession," "deliver," "distribute," and"dispense" have the same meanings as provided in s. 893.02.
(c) An approved dispensing organization and its owners,managers, and employees are not subject to licensure orregulation under chapter 465 for manufacturing, possessing, selling, delivering, distributing, dispensing, or lawfullydisposing of reasonable quantities, as established by departmentrule, of low-THC cannabis.
Section 3. Section 385.211, Florida Statutes, is created to
read:
385.211 Refractory and intractable epilepsy treatment andresearch at recognized medical centers.—
(1) As used in this section, the term "low-THC cannabis"means "low-THC cannabis" as defined in s. 381.986 that isdispensed only from a dispensing organization as defined in s.381.986.
(2) Notwithstanding. chapter 893, medical centers recognized
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pursuant to s. 381.925 may conduct research on cannabidiol andlow-THC cannabis. This research may include, but is not limitedto, the agricultural development, production, clinical research,and use of liquid medical derivatives of cannabidiol and low-THCcannabis for the treatment for refractory or intractableepilepsy. The authority for recognized medical centers toconduct this research is derived from 21 C.F.R. parts 312 and316. Current state or privately obtained research funds may beused to support the activities described in this section.
Section 4. Section 385.212, Florida Statutes, is created to
read:
385.212 Powers and duties of the Department of Health;Office of Compassionate Use.—
(1) The Department of Health shall establish an Office ofCompassionate Use under the direction of the Deputy State HealthOfficer.
(2) The Office of Compassionate Use may enhance access toinvestigational new drugs for Florida patients through approvedclinical treatment plans or studies. The Office of CompassionateUse may:
(a) Create a network of state universities and medicalcenters recognized pursuant to s. 381.925.
(b) 
Make any necessary application to the United StatesFood and Drug Administration or a pharmaceutical manufacturer tofacilitate enhanced access to compassionate use for Floridapatients.
(c) Enter into any agreements necessary to facilitateenhanced access to compassionate use for Florida patients.
(3)The department may adopt rules necessary to implement
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this section.
Section 5. Subsection (3) of section 893.02, FloridaStatutes, is amended to read:
893.02 Definitions.—The following words and phrases as usedin this chapter shall have the following meanings, unless thecontext otherwise requires:
(3) "Cannabis" means all parts of any plant of the genusCannabis,whether growing or not; the seeds thereof; the resinextracted from any part of the plant; and every compound,manufacture, salt, derivative, mixture, or preparation of theplant or its seeds or resin.The term does not include "low-THC cannabis," as defined in s. 381.986, if manufactured, possessed,sold, purchased, delivered, distributed, or dispensed, inconformance with s. 381.986.
Section 6. Section 1004.441, Florida Statutes, is createdto read:
1004.441 Refractory and intractable epilepsy treatment andresearch.—
(1) As used in this section, the term "low-THC cannabis"means "low-THC cannabis" as defined in s. 381.986 that is dispensed only from a dispensing organization as defined in s.381.986.
(2) Notwithstanding chapter 893, state universities withboth medical and agricultural research programs, including thosethat have satellite campuses or research agreements with othersimilar institutions, may conduct research on cannabidiol and low-THC cannabis. This research may include, but is not limited to, the agricultural development, production, clinical research,and use of liquid medical derivatives of cannabidiol and low-THC
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cannabis for the treatment for refractory or intractableepilepsy. The authority for state universities to conduct this research is derived from 21 C.F.R. parts 312 and 316. Currentstate or privately obtained research funds may be used tosupport the activities authorized by this section.
Section 7.(1) As used in this section, the term"cannabidiol" means an extract from the cannabis plant that hasless than 0.8 percent tetrahydrocannabinol and the chemicalsignature 2-[(1R,6R)-6-isopropeny1-3-methylcyclohex-2-en-l-y1]- 5-pentylbenzene-1,3-diol, or a derivative thereof, as determinedby the International Union of Pure and Applied Chemistry.
(2) For the 2014-2015 fiscal year, $1 million innonrecurring general revenue is appropriated to the Departmentof Health for the James and Esther King Biomedical Research Program and shall be deposited into the Biomedical ResearchTrust Fund. These funds shall be reserved for research ofcannabidiol and its effect on intractable childhood-epilepsy.
(3) Biomedical research funding for research of cannabidioland its effect on intractable childhood epilepsy shall be awarded pursuant to s. 215.5602, Florida Statutes. Anapplication for such funding may be submitted by any research university in the state that has obtained approval from the United States Food and Drug Administration for an exploratoryinvestigational new drug study of cannabidiol and its effect on intractable childhood epilepsy. For purposes of this section,the Biomedical Research Advisory Council created under s. 215.5602, Florida Statutes, shall advise the State SurgeonGeneral as to the direction and scope of research of cannabidioland its effect on intractable childhood epilepsy and the award
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of research funding.
Section 8. This act shall take effect upon becoming a law.
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orca ric.1,a1Finn.Q!wnrrisunderlined are additions.
Arre4166(:11
CHAPTER 64-4
COMPASSIONATE USE
64-4.001Definitions
64-4.002Initial Application Requirements for Dispensing Organizations
64-4.004Revocation of Dispensing Organization Approval
64-4.005Inspection and Authorization Procedures
64-4.009Compassionate Use Registry
64-4.001 Definitions.
For thepurposes of this chapter, the following words and phrases shall have the meanings indicated:
(1) Applicant — A nursery that meets the requirements of Section 381.986(5)(b)1., F.S., applies for approval as adispensing organization, and identifies a nurseryman as defined in Section 581.011, F.S.. who will serve as theoperator.
(2) Approval — Written notification from the department to an applicant that its application for dispensingorganization approval has been found to be in compliance with the provisions of this chapter and that the departmentis awaiting notification that it is prepared to be inspected and authorized to begin cultivation, processing, anddispensing.
(3) Cultivation Authorization — Written notification by the department to a Dispensing Organization that it maybegin cultivating low-THC cannabis.
(4) Processing Authorization — Written notification by the department to a Dispensing Organization that it maybegin processing low-THC cannabis to Derivative Product.
(5) Dispensing Authorization — Written notification by the department to a Dispensing Organization that it maybegin dispensing Derivative Product.
(6) Certified Financials — Financial statements that have been audited in accordance with Generally AcceptedAuditing Standards (GAAS) by a Certified Public Accountant, licensed pursuant to Chapter 473, F.S.
(7) Cultivation — Growth of low-THC plant source material.
(8) Derivative Product — Forms of low-THC cannabis suitable for routes of administration.
(9) Dispensing Region — A geographical area where the cultivation and production of low-THC cannabis under the control of a Dispensing Organization occurs. The five dispensing regions shall be identified as follows:
(a) Northwest Florida Region consisting of Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Santa Rosa, Okaloosa, Taylor, Wakulla, Walton, and Washingtoncounties.
(b) Northeast Florida Region consisting of Alachua, Baker, Bradford, Clay, Columbia, Dixie, Duval, Flagler,Gilchrist, Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns, Suwannee, and Union counties.
(c) Central FloridaRegion consisting of Brevard, Citrus, Hardee, Hernando, Indian River, Lake, Orange,Osceola, Pasco, Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia counties.
(d) Southwest Florida Region consisting of Charlotte, Collier, DeSoto, Glades, Hendry, Highlands,Hillsborough, Lee, Manatee, Okeechobee, and Sarasota counties.
(e) Southeast Florida Region consisting of Broward, Miami-Dade, Martin, Monroe, and Palm Beach counties.
(10) Dispensing Organization — A nursery that meets the requirements of Section 381.986(5)(6)1., F.S.,including its contractual agents, which has been authorized by the department to cultivate, process and dispense lowTHC cannabis.
(11) Dispensing Organization Facility — Any of the following facilities:
(a)Cultivation Facility: Any area designated in the application to be used for cultivation of low-THC cannabis.
(b) Processing Facility: Any area designated in the application to be used for processing of Derivative Product.
(c)Dispensing Facility: Any area designated in the application where Derivative Product is dispensed at retail.
(12) Financial Statements — A presentation of financial data, including accompanying notes. derived from accounting records that purports to show actual or anticipated financial position and intended to communicate an entity's economic resources or obligations at a point in time, and the results of operations and cash flows for a.periodof time, in accordance with generally accepted accounting principles or a comprehensive basis of accounting other than generally accepted accounting principles. Financial presentations included in tax returns are not financialstatements. The method of preparation (for example, manual or computer preparation) is not relevant to thedefinition of a financial statement.
(13) Manager — Any person with the authority to exercise operational direction or management of theDispensing Organization or the authority to supervise any employee of the Dispensing Organization.
(14) Permanent resident — A person who has his or her true, fixed and permanent home, in Florida to which,whenever absent, he or she has the intention of returning. Once a permanent residence is established in Florida it ispresumed to continue until the resident shows that a change has occurred. Any person who has established aresidence in this state may manifest and evidence the same by filing a sworn statement pursuant to Section 222.17,F.S.
(15) Routes of administration — means the path by which a Derivative Product is ordered by a physician to betaken into the body of the qualified patient, but does not include smoking.
(16) Visitation Protocol - A set of identified policies and procedures of an applicant or Dispensing Organizationthat details requirements for visitor access to any proposed or existing Dispensing Organization facility.Rulemaking Authority 381.986(5)(d) FS. Law Implemented 381.986(5)(b) FS. History New
64-4.002 Initial Application Requirements for DispensingOrganizations.
Each nursery that meets the requirements of Section 381.986(5)(b)1., F.S., desiring to be approved as aDispensing Organization shall make application, either electronically or in hard copy, to the department using FormDH8006-OCU-2/2015, "Application for Low-THC Cannabis Dispensing Organization Approval" hereinincorporated by reference and available athttp://www.flrules.org/Gateway/reference.asp?No—Ref-05457. Thecompleted application form must include the following:
(1) An initial application fee of $60,063.00.
(2) An explanation or written documentation, as applicable, showing how the Applicant meets the statutorycriteria listed in Section 381.986(5)(b), F.S. In any explanation, the Applicant must address each item listed for eachcriterion below. The Applicant must disclose the name, position, and resume of the employee(s) who provides the knowledge or experience explained for each item.
(a) The technical and technological ability to cultivate, process, and dispense low-THC cannabis. Please addressthe following items:
1. Experience cultivating cannabis;
2. Experience cultivating in Florida plants not native to Florida:
3. Experience introducing new varieties of plants;
4. Regional cultivation knowledge and experience:
5. Experience cultivating plants for human consumption such as food or medicine products;
6. Experience with in-house propagation;
7. Experience with genetic modification or breeding:
8. Experience using clean growing rooms;
9. Knowledge of cannabis cultivation, including:
a. Proper cultivation conditions and techniques;
b. Additives that can be used when growing cannabis;
c. Pests disease and deficiencies common for cannabis;
d. Production of high quality product in a short time;
10. Experience with tracking each plant in a harvest;
11. Experience with good agricultural practices;
12. Experience with good handling practices;
13. Experience with good manufacturing practices;
14. Experience with analytical organic chemistry and micro-biology;
15. Experience with analytical laboratory methods;
16. Experience with analytical laboratory quality control, including maintaining a chain of custody;
17. Knowledge of, and experience with, cannabis extraction techniques;
18. Knowledge of cannabis routes of administration;
19. Knowledge of, and experience with, producitig cannabis products;
20. Experience interacting with patients;
21. Experience with handling confidential information;
22. A marketing plan;
23. Experience gathering and managing data, i.e. data on patient reactions to products dispensed;
24. Experience with recalls;
25. Training programs for employees addressing:
a.The Health Insurance Portability and Accountability Act (HIPAA);
b. Patient education;
c.Compliance;
d. Patient counseling; and
e. Data collection.
26. Any awards, recognition or certifications received for relevant expertise.
(b) Written documentation demonstrating that the applicant possesses a valid certificate of registration issued bythe Department of Agriculture and Consumer Services pursuant to Section 58L131 that is issued for the cultivationof more than 400,000 plants, is operated by a nurseryman as defined in Section 581.011, and has been operated as aregistered nursery in this state for at least 30 continuous years.
(c) The ability to secure the premises, resources, and personnel necessary to operate as a DispensingOrganization. Please address the following items, and include a sketch or other illustration:
1. Location of all properties Applicant proposes to utilize to cultiyate,_process, and dispense low-THC cannabisand Derivative Product, including ownership information for the properties and any lease terms if applicable;
a. For any property that is leased by the Applicant, include documentation that the property owner consents tothe use of the property for the purposes of cultivation, processing, or dispensing of low-THC cannabis andDerivative Products and documentation that the mortgagor or lienholder has been given notice of the use of theproperty for the purposes of cultivation, processing, or dispensing of low-THC cannabis and Derivative Products.
b. For any property owned by the Applicant but subject to a mortgage or lien, include documentation that themortgagor or lienholder has been notified of the use of the property for the purposes of cultivation, processing, ordispensing of low-THC cannabis and Derivative Products.
2. Compliance with local regulations regarding sanitation and waste disposal;
3. The ability to obtain zoning approval;
4. Sketch or other illustration approximating_the property boundaries, land topography, vegetation, proposed and/or existing structures, easements, wells and roadways for each property proposed;
5. Description of the areas proposed for the cultivation of low-THC cannabis, including the following:
a.Capacity, in square feet of growing area:
b. Cultivation environment, e.g., greenhouse, clean room, aseptic, et cetera;
c.Irrigation system(s); and
d. 
Environmental control system(s);
6. A description of the ability or plan to expand any of the areas proposed for low-TI-IC cannabis;
7. Back-up systems for all cultivation and processing systems;
8. A description of one or more strains of low-IFIC cannabis the applicant intends to cultivate;
9. Access to water resources that allow for sufficient irrigation;
10. Description of the areas proposed for the processing of Derivative Products, including the following:
a. Extraction equipment and location;
b.Concentration equipment and location;
c. Access to sufficient potable water and hot water;
d.Analytical equipment. including separators and detectors, and location;
e. Safety equipment and facilities and location;
f. Computer systems and software; and
g. Ventilation and exhaust system.
11. Description of the methods proposed for the dispensing of Derivative Products, including the following;
a. Accessibility of dispensing facilities, e.g., centrally located to several populated areas, located on a main roadway, not in a high crime area, et cetera;
b. Proximity of dispensing facilities to patient populations; and
c. Alternative dispensing, e.g. delivery.
12. A list of current and proposed staffing, including;
a. Position, duties and responsibilities;
b. Resume; and
c. Professional licensure disciplinary action in all jurisdictions.
13. An organizational chart illustrating the supervisory structure of theproposed Dispensing Organization;
14. Plans and procedures for loss of key personnel;
15. Plans and procedures for complying with OSHA regulations for workplace safe; and
16. Relationship(s) with an independent laboratoucies) with cannabis testing protocols and methods.
(d) The ability to maintain accountability of all raw materials, finished products, and any byproducts to preventdiversion or unlawful access to or possession of these substances. Please address the following items for eachproperty or location:
1. Floor plan of each facility or proposed floor plans for proposed facilities, including the following: a. Locking options for each means of ingress and egress;
b.Alarm systems;
c. Video surveillance;
d.Name and function of each room;
e. Layout and dimensions of each room;
2. Storage, including the following;
a.Safes.
b.Vaults.
c. Climate control;
3.Diversion and trafficking prevention procedures:
4. A facility emergency management plan;
5. System for tracking low-THC source plant material throughout cultivation, processing, and dispensing;
6. Inventory control system for low-THC cannabis and Derivative Products;
7. Policies and procedures for recordkeeping;
8. Vehicle tracking systems;
9. Vehicle security systems;
10. Methods of screening and monitoring employees;
11. Personnel qualifications and experience with chain of custody or other tracking mechanisms;
12. Personnel reserved solely for inventory control purposes;
13. Personnel reserved solely for security purposes:
14. Waste disposal plan;
15. Plans for the recall of any Derivative Products that have a reasonable probability of causing adverse healthconsequences based on a testing result, bad patient reaction, or other reason; and
16. Access to specialized resources or expertise regarding data collection, security, and tracking,
(e) An infrastructure reasonably located to dispense low-THC cannabis to registered patients statewide orregionally as determined by the department. Please address the following items:
1. A man showing the location of the applicant's proposed dispensing facilities;
2. A sketch or other illustration of the actual or proposed dispensing location showing streets; property lines;buildings; parking areas; outdoor areas, if applicable; fences; security features; fire hydrants, if applicable; andaccess to water and sanitation systems; and
3. A floor plan of the actual or proposed building or buildings where dispensing activities will occur showing:
a.Areas designed toprotect patient privacy;
b. Areas designed for retail sales;
4. A HIPAA compliant computer network utilized by all facilities;
5. Vehicles that will be used to transport product among cultivating, processing, and dispensing facilities;
6. Communication systems;
7. Hours of operation of each dispensing facility; and
8. Methods of mitigating odors if applicable.
(fl The financial ability to maintain operations for the duration of the 2-year approval cycle, including theprovision of Certified Financials to the department. Please provide the following items:
1. Certified Financials issued within the immediately preceding 12 months;
2. Applicant's corporate structure;
3. All owners of the Applicant;
4. All individuals and entities that can exercise control of the Applicant
5. All individuals and entities that share in the profits and losses of the Applicant;
6. All subsidiaries of the Applicant;
7. Any other individuals or entities for which the Applicant is financially responsible;
8. Assets of the Applicant and Applicant's subsidiaries;
9. Liabilities of the Applicant and Applicant's subsidiaries;
10. Any pending lawsuits to which the Applicant is aparty;
11.Any lawsuits within the past 7 years to which the Applicant was a party;
12.All financial obligations of Applicant that are not listed as a "liability" in the Certified Financials;
13.A projected two year budget; and
14.Specific reference to sufficient assets available to support the Dispensing Organization activities.
(g) That all owners and managers have been fingerprinted and have successfully passed a level 2 backgroundscreening pursuant to Section 435.04, F.S., within the calendar year prior to application. Each owner and managershould present to FDLE or one of its approved vendors for fingerprinting. At that time, give the entity ORI numberFL924890Z (DOH — OFFICE OF COMPASSIONATE USE). The report will be sent directly to the Office ofCompassionate Use. Please submit a list of all owners and managers indicating, the date of each individual's mostrecent Level-2 background screening.
(h) The employment of a medical director who is a physician licensed pursuant to Chapter 458 or Chapter 459, F.S., to supervise the activities of the proposed Dispensing Organization. Please address the following items for thephysician chosen as medical director:
1. Specialty area, if any;
2. Experience with epileptic patients;
3. Experience with cancer patients;
4. Experience with patients with severe seizures or muscle spasms;
5. Knowledge of the use of low-THC cannabis for treatment of cancer or physical medical conditions thatchronically produce symptoms of seizures or severe and persistent muscle spasms;
6. Knowledge of good manufacturing practices;
7. Knowledge of analytical and organic chemistry;
8. Knowledge of analytical laboratory methods;
9. Knowledge of analytical laboratory quality control, including maintaining a chain of custody;
10.Knowledge of, and experience with, CBD/low-THC extraction techniques:,
11.Knowledge of CBD/low-THC routes of administration;
12.Experience in or knowledge of clinical trials or observational studies;
13.Knowledge of, and experience with, producing CBD/low-THC products;
14.Experience with or knowledge of botanical medicines;
15.Experience with dispensing medications;
16.Description of how the medical director will supervise the activities of the Dispensing Organization; and
17.Description of how the Dispensing Organization will ensure it has a medical director at all times.(1) The ability to post a $5 million performance bond for the biennial a tproval cycle.
(3) 
If the Applicant intends to claim any exemption from public records disclosure under Section 119.07, F.S.,or any other exemption from_public records disclosure provided by law for any part of its application, it shallindicate on the application the specific sections for which it claims an exemption and the statutory basis for theexemption. The Applicant shall submit a redacted copy of the application redacting those items identified as exempt.
(4) Failure to submit the $60,063.00 application fee or documentation sufficient to establish the Applicant meetsthe requirements of Section 381.986(5)(b), F.S., shall result in the application being denied prior to any scoring ascontemplated in Section (5) of this rule.
(5) Any "Application for Low-THC Cannabis Dispensing Organization Approval" and all required exhibits and supporting documents shall be delivered to the Agency Clerk of the Department of Health physically located at 2585Merchants Row Boulevard in Tallahassee, Florida, no earlier than 10:00 AM, Eastern Time, on the effective date ofthis rule and no later than 5:00 PM, Eastern Time, 21 calendar days after the effective date of this rule.
(a) The department will substantively review, evaluate, and score applications using Form DH8007-0CU2/2015, "Scorecard for Low-THC Cannabis Dispensing Organization Selection" herein incorporated by referenceand available athttp://www.flrules.org/Gateway/reference.asp?No=Ref-0546 I . The department's substantive reviewwill be completed by:
1. Director of the Office of Compassionate Use
2. A member of the Drug Policy Advisory Council appointed by the State Surgeon General, and
3. A Certified Public Accountant appointed by the State Surgeon General.
(b) Each reviewer will independently review each application and score using Form DH8007-OCU-2/2015, "Scorecard for Low-THC Cannabis Dispensing. Organization Selection." Scorecards from each reviewer will becombined to generate an aggregate score for each application. The Applicant with the highest aggregate score ineach dispensing region shall be selected as the region's Dispensing Organization.
c) In the event of a tie in a region, each reviewer will re-review the tied applications and select a winningapplication. The department will approve the application selected by the majority of the reviewers.
(d) In the event one nursery receives the high score in multiple regions, one of which is the region represented
second highest scored Applicant will be approved for the other re ion s In the event one nursery receives the high
score in multiple regions, none of which is the region represented by the address on the nursery's certificate of
registration, the Applicant will be approved for the region for which it had the highest aggregate infrastructure score. and the second highest scored Applicant will be approved for the other region(s).
(e) Upon notification that it has been approved as a region's Dispensing Organization, the Applicant shall have10 business days to post a $5 million performance bond. The bond shall:
1. Be payable to the department in the event the Dispensing Organization's approval is revoked;
2. Be written by a surety company licensed by the Florida Office of Insurance Regulation.
3. Be written so that the nursery name on the bond corresponds exactly with the Applicant name.
4. If a bond is canceled and the Dispensing Organization fails to file a new bond with the department in the required amount on or before the effective date of cancellation, the Dispensing Organization's approval shall berevoked.
(f) If the selected Applicant fails to post the bond within the required timeframe, the Applicant with the nexthighest score in the dispensing region shall be selected and notified.
(g) The surety company can use any form it prefers for the performance bond as long as it complies with thisrule. For convenience, the surety company can also use Form DH8008-0CU-2/2015. "Florida Low-THC CannabisPerformance Bond" herein incorporated by reference and available athttp://www.flrules org/Gateway/reference.asp?No=Ref-05460.
Rulemaking Authority 381.986(5Xd) FS. Law Implemented 381.986(5)(b) FS. History—New
64-4.004 Revocation of Dispensing Organization Approval.
(1) The department shall revoke its approval of the Dispensing Organization if the Dispensing Organizationdoes any of the following:
(a) Cultivates low-THC cannabis before obtaining department authorization;
(b) Knowingly dispenses Derivative Product to an individual other than a qualified patient or a qualifiedpatient's legal representative without noticing the department and taking appropriate corrective action;
(2) The department may revoke its approval of the Dispensing Organization if any of the following failuresimpact the accessibility, availability, or safety of the Derivative Product and are not corrected within 30 calendardays after notification to the Dispensing Organization of the failure;
(a) Failure to comply with the requirements in Section 381.986, F.S., or this rule chapter;
(b) Failure to implement the policies and_procedures or comply with the statements provided to the department with the original or renewal application
(3) The department may revoke its approval of the Dispensing Organization for failure to meet the following deadlines if failure is not corrected within 10 calendar days:
(a) Failure to seek Cultivation Authorization within 75 calendar days of application approval: or
(b) Failure to begin dispensing within 210 calendar days of the being granted the Cultivation Authorization requested in subsection 64-4.005(2),F.A.C.
Rulemaking Authority 381.986(5)(d) FS. Law Implemented 381.986(5)(b) FS. History—New
64-4.005 Inspection and Authorization Procedures.
(1) Submission of an application for Dispensing Organization approval or renewal constitutes permission forentry by the department at any reasonable time during the approval or renewal process, into any DispensingOrganization facility to inspect any portion of the facility; review the records required pursuant to Section 381.986,F.S., or this chapter; and identify samples of any low-THC cannabis or Derivative Product for laboratory analysis,the results of which shall be forwarded to the department. All inspectors shall follow the Dispensing Organization'sVisitation Protocol when conducting any inspection.
(2) A Dispensing Organization must request Cultivation Authorization within 75 days of being notified that ithas been approved as a region's Dispensing Organization. No less than 30 calendar days prior to the initialcultivation of low-THC cannabis, the Dispensing Organization shall notify the department that the DispensingOrganization is ready to begin cultivation, the Dispensing Organization is in compliance with Section 381.986, F.S., and this rule chapter and is seeking Cultivation Authorization. No low-THC cannabis plant source material may bepresent in any Dispensing Organization facility prior to Cultivation Authorization.
(3) No less than 10 calendar days prior to the initial processing of low-THC cannabis, the DispensingOrganization shall notifydepartment artment that the Di nsing Organization is ready to begin processing, the
Dispensing Organization is in compliance with Section 381.986, F.S., and this chapter, and is seeking Processing Authorization.
(4) A Dispensing Organization must begin dispensing Derivative Product within 210 days of being grantedCultivation Authorization. No less than 10 calendar days prior to the initial dispensing of Derivative Product, the
Dispensing Organization shall notify the department that the Dispensing Organization is ready to begin dispensing.the Dispensing Organization is in compliance with Section 381.986, F.S., and this chapter, and is seekingDispensingAuthorization.
(5) If the department identifies a violation of Section 381.986, F.S., or this chapter during an inspection of aDispensing
Organization facility, the Dispensing Organization shall notify the department in writing, within 20calendar days after the date of receipt of the written notice of violation, identifying the corrective action taken andthe date of the correction.
Rulemaking Authority 381.986(5)(d) FS. Law Implemented 381.986(5)(b) FS. History—New
64-4.009 Compassionate Use Registry.
f I) Ordering physicians licensed under Chapter 458 or 459 F.S., meeting the educational requirements ofSection 381.986(4), F.S., may access the Compassionate Use Registry using their existing MOA Servicescredentials.
(2) Other persons may request access to the Compassionate Use Registry by completing form DH8009-0CU2/2015, "Request for Access to the Compassionate Use Registry," herein incorporated by reference and available athttp://www.flrules.org/Gateway/reference.asp?No=Ref-05459. Those requesting access must meet one of thefollowing criteria:
(a) Authorized employee of a Dispensing Organization;
(b) Law enforcement official; or
(c) Authorized employee of the department.
(3) Personsseeking to access to the registry shall have successfully completed a department-approved course intheir responsibilities related to patient confidentiality and shall make documentation of completion available to thedepartment upon request.
(4) Before dispensing any Derivative Product to a qualified registered patient or the patient's legalrepresentative, the Dispensing Organization must verify that the patient has an active registration, the orderpresented matches the order contents as recorded by the physician in the registry, and the order has not already beendispensed.
(5) The Dispensingi zation shall enter a dispensing action into the registry immediately upon dispensing
the Derivative Product to the qualified registered_patient or the patient's legal representative.
Rulemaking Authority 381.986(5)(d) FS.Law Implemented 381.986(5)(a); 837.06 FS. History—New
AMENDMENT TO•COMMERCIAL LEASE
THIS AMENDMENT ("Amendment") is made as of this __________________day of October, 2015, by
and between 'G&R REALTY, LLC, ("Lessor"), and TROPIFLORA, LLC ("Lessee"), who herebymutually covenant and agree as follows:
Whereas, Lessor and Lessee are parties to a Commercial Lease Agreement dated JUNE28, 2015 ("Lease"), for 7216 215T STREET EAST, SARASOTA, FLORIDA 34243 and the partiesagree to amend the Lease as follows:
1.Security Deposit, Prepaid Rent. Approval Period and Rent.
B. Approval Period. Lessor shall use Prepaid Rent as payment for the first
FOUR(4)months of the Initial Term of this Lease ("Approval Period") while Lessee works to getnecessary approvals for their business and use. During this Approval Period, Lessor agrees toprovide Lessee with storage area in warehouse as detailed in "Exhibit B". Lessee agrees to provide Lessor with a list of items being stored in warehouse.
| Term | Base Rent
For Term | Sales Tax
per Month
(6.5%) | Total Rent
per month
(Gross) |
| July 1, 2015 | $1,267.00 | $82.39 | $1,349.89 |
| August 2015 | $1,267.00 | $82.39 | $1,349.89 |
| September 2015 | $1,267.00 | $82.39 | $1,349.89 |
| October 2015 | | __$1419._ | |
| Total Rent for Term | $5,068.00 | | |
C. Lessee shall pay to Lessor for the premises the total rental consideration ofSixty-Two Thousand and Fifty-Six and 80/100ths Dollars ($62,056.80), which shall be paid inmonthly rental installments (herein "Rent") during the Term hereof as follows:
| Term | Base Rent
For Tern, | Monthly
BMRent | Sales Tax
per Month
(B.5%) | TowRent
per month
(Gross) |
| Year 1: November 1, 2015 — October 31, 2016 | $30,420.00 | $2 535 00 | $164.78 | $2,699.78 |
| Year 2: November 1, 2016 — October 31, 2017 | $31,636.80 | $2,636.40 | $171.37 | $2,807.77 |
| | $62,056.80 | Total Rent for Term |
Upon execution of this Amendment, Lessee shall pay to Lessor One Thousand Three Hundred and Forty-Nine Dollars and 89/100th Dollars ($1,349.89) representing payment for holdingproperty off the market for month of October 2015.
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment as of the date first above
written.
SUMMIT EXECUTIVE CENTER
13575 58th Street North #200
Cle'arwater, FL 33760
FIFTH MODIFICATION TO SERVICES AGREEMENT BEGINNINGMAY 21ST, 2014 BY AND BETWEEN MARIJ AGRICULTURAL, INC.("CLIENT") AND SUMMIT EXECUTIVE CENTER (SUMMIT).
| 1. | Client has requested and Summit has agreed to extend the service agreement termination date for two additional months at no additional fee over existingmonthly pricing. |
| 2. | The refundable retainer will not increase. |
| 3. | The new termination date will be February 29th, 2016. |
| 4. | All other terms and conditions of the original agreement will remain unchanged. |
IN WITNESS WHEREOF, the parties have executed this Amendment to theServices Agreement on this 24th day of December, 2015.
