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Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi...

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Manzi Bonanno & Bowers ---ATTORNEYS AT LAW--- Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844 tel: 978.686.9000 fax: 978.794.9628 Real Estate fax: 888.655.3060 OfCou11sel Charles Scott Nierman Rachel L. Judkins Alex Moskovsky Maria Bonanno James M. Bowers VIAFEDEX Paralegal Jennifer M. Boylan Paulina Taveras Medical Use of Marijuana Program RMD Applications 99 Chauncy Street, 11th floor Boston, MA 02111 RE: BeWell Organic Medicine, Inc. RMD Application #2 of 2 Dear Sir/Madam: May25, 2017 " " z f! IVl/1.Uopt. of l'uhlic Hnalth D9 C3osl:0n, 02-r11 Kindly accept the following response, submitted on behalf of Be Well Organic Medicine, Inc. ("BeWell"), in response to the Department's letter of May 8, 2017. The responses are provided in paragraphs, in the order in which the Department's inquiries were made: 1. The correct address for the proposed dispensary location is 100 Griffin Brook Park Drive. A revised Section B is provided. 2. A complete copy of the Commercial Lease (with a legible last page), for the cultivation location of 92 Bolt Street, Lowell, MA is provided. 3. As stated in our letter from May 3, 2017, the applicant does not have a new Letter of Non,Opposition from the City of Methuen. Although Be Well did possess such a letter, the city council voted to rescind its letters of non,opposition, as it re, visits issues related to its RMD zoning ordinance. Be Well has received a letter, dated May 19, 2017, from the Office of the Mayor for the City of Methuen, inviting Be Well to submit a proposal the city, on or before June 2"d, 2017. Pursuant to the terms of the letter, letters of non,opposition, to successful applicant(s), are to be issued in July, 2017. A copy of the letter is attached. 4. As indicated in response to item No. 3, above, Be Well previously possessed a Letter of Non,Opposition, from the City Council, which contained language that the proposed location met local siting requirements. The letter (along with letters submitted to two other applicants), was rescinded, while the City of
Transcript
Page 1: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---

Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr.

280 Merrimack Street, Suite B Methuen, Massachusetts 01844

tel: 978.686.9000 fax: 978.794.9628

Real Estate fax: 888.655.3060

OfCou11sel Charles Scott Nierman

Rachel L. Judkins Alex Moskovsky

Maria Bonanno James M. Bowers

VIAFEDEX Paralegal Jennifer M. Boylan

Paulina Taveras

Medical Use of Marijuana Program RMD Applications 99 Chauncy Street, 11th floor Boston, MA 02111

RE: BeWell Organic Medicine, Inc. RMD Application #2 of 2

Dear Sir/Madam:

May25, 2017

" " z f! IVl/1.Uopt. of l'uhlic Hnalth

D9 C~hnuncy ~·;trGot C3osl:0n, ~Iii\ 02-r11

Kindly accept the following response, submitted on behalf of Be Well Organic Medicine, Inc. ("BeWell"), in response to the Department's letter of May 8, 2017. The responses are provided in paragraphs, in the order in which the Department's inquiries were made:

1. The correct address for the proposed dispensary location is 100 Griffin Brook Park Drive. A revised Section B is provided.

2. A complete copy of the Commercial Lease (with a legible last page), for the cultivation location of 92 Bolt Street, Lowell, MA is provided.

3. As stated in our letter from May 3, 2017, the applicant does not have a new Letter of Non,Opposition from the City of Methuen. Although Be Well did possess such a letter, the city council voted to rescind its letters of non,opposition, as it re, visits issues related to its RMD zoning ordinance. Be Well has received a letter, dated May 19, 2017, from the Office of the Mayor for the City of Methuen, inviting Be Well to submit a proposal the city, on or before June 2"d, 2017. Pursuant to the terms of the letter, letters of non,opposition, to successful applicant(s), are to be issued in July, 2017. A copy of the letter is attached.

4. As indicated in response to item No. 3, above, Be Well previously possessed a Letter of Non,Opposition, from the City Council, which contained language that the proposed location met local siting requirements. The letter (along with letters submitted to two other applicants), was rescinded, while the City of

Page 2: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

Medical Use of Marijuana Program RMD Applications Page2

Methuen sought to enact guidelines regarding the approval process. The determination of compliance will be provided together with the letter of non­opposition for successful applicant( s) for letters of non-opposition from the City of Methuen, as state and local siting compliance is a part of the application process.

5. A list of abutters within 500 feet of the proposed cultivation location, provided to BeWell by the City of Lowell, is provided. The majority of the abutters are commercial entities, with one residential property (216 Meadowcraft Street, Lowell, MA). There is one parcel owned by the City of Lowell, which is undeveloped frontage to the nearby Concord River.

6. Copies of the requested Character and Competency forms, for Vincent]. Manzi, Jr., and Hon. Kevin P. Herlihy are provided. Original forms were provided, together with a check for $790.00, with the response provided relative to Application 1 of 2.

7. BeWell has retained Attorney Tracey Bolomick, of Hurwit & Associates, to provide an independent legal opinion, regarding compliance with the non-profit requirements. Be Well has engaged also the services of an independent appraiser, as requested by Attorney Bolomick, so that she may finalize her opinion, for submission to the DPH.

At present, BeWell understands that the only outstanding issues, for submission to the Department, are the letter of non-opposition for the Methuen dispensary, and the independent legal opinion. BeWell respectfully requests a short extension of its deadline, for a period of ninety (90) days, to provide the remaining information to the Department.

Thanlc you for your assistance and consideration.

JMB/pt Enclosures

Cc: Kay Doyle, Esq. Deputy General Counsel

Page 3: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

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Page 4: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

Application _2_ of_2 __ Applicant Non-Profit Corporation BeWell Organic Medicine, Inc.

SECTION B: PROPOSED LOCATION(S)

Provide the physical address of the proposed dispensa1ysite and the physical address of the additonal location, if any, lVhere 1narijuanafor n1edical use lvill be cultivated or processed.

Attach supporting documents as evidence of interest in the property, by location. Interest 111ay be de111onstrated by (a) a clear legal title to the proposed site; (b) an option to purchase the proposed site; (c) a lease; (d) a legally enforceable agree111ent to give such title under (a) or (b), or such lease under (c), in the event that Departnient detern1ines that the applicant qualifies for registration as a RNID; or (e) evidence of binding pern1ission to use the premises.

Location Full Address County

I 00 Griffin Brook Park Drive Essex 1 Dispensing Methuen, MA 01844

92 Bolt Street Middlesex 2 Cultivation Lowell, MA

92 Bolt Street Middlesex 3 Processing Lowell, MA

[l'.f" Check here if the applicant would consider a location other than the county or physical address provided within this application.

Information on this page has been reviewed by the applicant, and where provided by the applicant, is accurate and complete, as indicated by the initials of the authorized signatory here: CMS

Siting Profile - Page 5

Page 5: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

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Page 6: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

... .,; ...

COMI\1ERCIAL LEASE

_ 1. PARTIES. Chart Holdings, LLC, LESSOR, w)lich expression shall include heirs; successors, and assigns wl;iere the context so admits, does hereby lease to Be Well Organic Medicine, Inc., a duly ·

. established non-profit corporation orgaoized and existing under the laws· of the Co=onwealth of Massachusetts, LESSEE, and the LESSEE hereby leases the following described premises:

2. PREMj:SES. Twenty thousand (20,000) square feet of space, located at 92 Bolt Street, Lowell, Middlesex County, Mass_achusetls, together with the right to use in co=on, with others entitled thereto, the hallways, stairways, and elevators, necessary for access to said leased premises, and lavatories ne'arest thereto.

3. TERM. The term of this lease shall be for a period of five (5) years, co=encing on January 1, 2017 and ending on December 31, 2021.

Lessor and Lessee understand that permits for the operation of a medical marijuana dispensary or cultivation center are subject to approval fr9m the City of Lowell and the Commonwealth of Massachusetts. This lease is contingent upon the Lessee obtaining the necessary approvals, and as such, an extension of time for the beginning of the lease term may be extended, upon proof by the Lessee to the Lessor that diligent efforts are being made to acquire the necessfily approvals.

Option to Renew: The Lessee shall be granted two (2) Options to Renew, for periods of five (5). years each, co=encing at the expiration of the initial, or the first extended, lease term, whichever is applicable. The Lessee shall notify the Lessor in writing at least ninety (90) days prior to the expiration of the initial lease term, or the extended lease terro, of its intent to exercise the Option( s) to Renew. ·

4. RENT. The LESSEE shall pay to the LESSOR .fixed rent at the rate of $26.50 per square foot, or one hundred twenty thousand ($530,000.00) dollars per year, payable in month installments of forty-four thousand, one hundred sixty-six dollars and ~7 /100 ($44, 166. 67) in advance in monthly installments of subject to proration in the case of any partial calendar month. All rent shall b~ payable without offset or deduction.

5. SECURITY DEPOSIT. Upon the execution of this lease, the LESSEE shall pay to the LESSOR the amount often thousand ($10,000.00) dollars which shall be hel9- as a security for the LESSEE's performance as herein provided and refundt;d to the LES SEE at the end of this lease, without interest, subject to the LESSEE's satisfactory compliance_ with the conditions hereof.

6. RENT ADJUSTMENT.

TAX ESCALATION

If in any tax year commencing with the fiscal year 2017 the real estate taxes on the land and buildings, of which the leased premises are a part, are in exeess of the amount of the real

_ ·estate taxes thereon for the fiscal year (hereinafter called the "Base Year'), LESSEE will pay to LESSOR as additional rent hereunder, when and as designated by notice in writing by LESSOR, the per cent of such excess, in proportionate that share ofleased space occupied by the Lessee, to the that may occur in each year of the term of this lease or any extension or renewal thereof and proportionately for any part of a fiscal year. If the LESSOR obtains an abatement of_any such ~xcess real estate ta:k, a proportj_onate share of such abatement, less the reasonable fees and costs incurred in obtaining the same,_ if any, shall be refunded to the LESSEE.- -

Page 7: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

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7. UTILITIES.

The LESSEE shall pay, .as they become due, all bills for electricity and other utilities (whether they are used for furnishing heat or other purposes) that are :furnished to the leased premises and presently separately metered, and all bills for fuel furnished to a separate tank servicing the leased premises exclusively. The LESSOR agrees to provide all other utility service and to furnish reasonably hot·and cold water and reasonable heat and air conditioning (except to the extent that the same are furnished through separately metered utilities or separate fnel tanks as set forth above) to the leased premises, the hallways, stairways, elevators, and lavatories during normal business hours on regular business days of the heating and air conditioning seasons of each year, to furnish elevator service and to Jiglit passageways and stairways during business hours, and to furnish snch cleaning service as is customary in similar buildings in said city or loWn, all subject to interruption dne to any accident, to the making of repairs, alterations, or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service, or snpplies. from the so"lirces from which they are usually obtained for said building, or to any cause beyond the LESSOR's control.

·LESSOR shall have no obligation to provide utilities or equipment other than the utilities and equipment within the premises as of the commencement date of this lease. In the event LESSEE requires additional utilities or equipment. the installation and maintenance thereof shall be the LESSEE's sole obligation, provided that such installation shall be subject to the written consent of the LESSOR.

8. USE OF LEASED PREMISES.

The LESSEE shall use the leased premises for the purposes of the cultivation, processing, and/or dispensing of medical marijuana.

9. COMPLIANCE WITH LAWS.

'.fhe LESSEE aclmowledges that no trade or occupation shall be conducted in the leased remises or ·use made thereof which will be unlawful, improper, noisy or offensive, or contrary to any law or any municipal by-law or ordinance in force in the city or town in which the premises are situated. Withont limiting the generality of the foregoing (a) the LESSEE shall not bring or permit to be brought or kept in or on the leased premises or elsewhere on the LESSOR's property any hazardous, toxic, inflammable,. combustible or explosive fluid, ·material, chemical or substance, including without limitation any item defined as hazardous pursuant to Chapter 21E of the Massachusetts General Laws; and (b) the LESSEE shall be responsible for compliance with requirements imposed by the Americans with Disabilities Act relative to the ~ayout of the leased premises and any work performed by the LESSEE therein.

10. FIREINSURANCE.

The LESSEE shall not permit any use of the leased premises which will make voidable any insurance on the property of. which the leased premises are a part, or on "the contents of said property or which shall be contrary to any law or regulation from _time tci time established by

Page 8: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

_:.~.:; ... _,:

• ..

the New England Fire Insurance Rating Association, or _any similar body su9ceeding to its powers. The LESSEE shall on demand reimburse the LESSOR, and all other tenants, all extra insurance premiums caused by the LESSEE's use of the premises.

11. MAINTENANCE.

A. LESSEE'S OBLIGATIONS.

The LESSEE agrees to maintaip. the leased premises in.good condition, damage by fire and· other casualty only except"d, and whenever necessary, to replace plate glass and other glass therein, acknowledging that the leased premises are now in good order and the glass whole. The LESSEE shall not permit the leased premises to be overloaded, damaged, stripped, or defaced,. nor suffer any waste. LESSEE shall obtain written consent of LESSOR before erec;ting any sign on the premises.

B. LESSOR'S OBLIGATIONS.

The LESSOR agrees to maintain the structure of the building of which the leased premises are a part in the same condition as it is at the commencement of the term or as it may be put in during the term of this lease, reasonable wear and tear, damage by fire and other casualty only excepted, unless such maintenance is required because of the LESSEE or those for whose conduct the LESSEE is legally responsible.

12. ALTERATIONS-ADDITIONS.

The LESSEE shall not make structural alterations or additions to the leased premises, but may make non-structural alterations provided the. LESSOR consents thereto in writing, which consent shall not be unreasonably withheld or delayed. All such allowed alterations shall be at L:i;<:SSEE's expense and shall be in quality at least equal to the present construction. LESSEE shall p.ot permit any mechanics liens, or similar liens, to remain upon the leased premises for labor and material furnished to LESSEE or claimed tci have been furnished to LESSEE in connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released of record forth-with without cost to L~SSOR. Any alterations· or improvements 'made by the LESSEE shall become the property of the LESSOR at the termination of occupancy as provided herein. .

13. ASSIGNMENT-SUBLEASING.

The LESSEE shall not assign or sublet the whole or any part of the leased premises without LESSOR's prior written consent Notwithstanding such consent, LESSEE shall remain liable to LESSOR for the payment of ail rent and for the :full performance of the covenants and conditions of this lease.

Page 9: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

14. SUBORDINATION.

This lease shalt' be subject and subonlinate to any and all mortgages, deeds of trust and other instruments in the nature of a mortgage, now or at any time hereafter, a lien or li¢ns on the property of which the leased premises are a part and the LESSEE shall, when requested, promptly execute and deliver such written iristruments as shall be necessary to show the subordination of this lease to said mortgages, deeds of trust or other such instruments in the nature of a mortgage.

15. LESSOR'S ACCESS.

The LESSOR or agents of the LESSOR may, at reasonable times; enter to view the leased premises and may remove placards and signs not approved and affixed as herein provided, and. make repairs and alterations as LESSOR should elect to do and may show the leased pi;emises to others, and at anytime within three (3) months before the expiration of the term, may affix to any suitable part of the leased premises a notice for leasing or selling the leased premises or property of which the leased premises are a part and keep the same so affixed without hindrance or molestation.

16. INDEMNIFICATION AND LIABILITY.

· The LESSEE shall save the LESSOR harmless from all loss and damage occasioned by anything occurring on the leased premises unless caused by the negligence or misconduct of the LESSOR, and from all loss and damage wherever occurring occasioned by any omission, fault, neglect or other misconduct of the LESSEE. The removal of snow and ice from the sidewalks bordering upon the leased premises shall be the Lessor's responsibility.

17. LESSEE'S LIABILITY INSURANCE.

The LESSEE shall maintain with respect to the leased premises and the property of which the leased premises are a part comprehensive public liability insurance in the amount of $1,000.000.00 with property damage insurance in limits of $1,000.000.00 in responsible companies qualified to do biisiness in Massachusetts and in good standing therem insuring the LESSOR as well as LESSEE against injury to persons or damage to property as provided. The LESSEE shall deposit with the LESSOR certificates for such insurance at or prior to the co=encement of the term, and thereafter within thirty (30) days prior to the expiration of any such policies. All such insurance certificates shall provide that such policies shall not be cancelled without at least ten er 0) days prior written notice to each assured named therein.

Page 10: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

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18. FIRE, CASUALTY-EMINENTDOMAJN. •',

Should. a su]Jstalltia:l portion of the leased premises, or of the property of which they are a part, be substantially damaged by fire or other casualty, or be taken by eminent' domain, the LESSOR may elect to terminate this lease. When such fire, 'casualty, or taking renders the leased premises substantially unsuitable· for their intended use, a just and .proportionate abatement of rent shall be made, and the LESSEE may elect 'to terminate this lease if:

(a) The LESSOR fails to give written notice within thirty (30) days of intention to restore leased premises, or

. (b) The LESSOR fails to restore the leased premises' to a condition substantially suitable for their intended use within ninety (90) days of said fire, casµalty or taking. The LESSOR reserves, and the LESSEE grants to the LESSOR, all rights which the LESSEE may have for damages or injury to.the leased premises for any taking by eminent domain, except for damage to the LESSEE's fixtures, property, or equipment

19. DEFAULT AND BANKRUPTCY.

In the event that

(a)

(b)

(c)

The LESSEE shall default in the payment of any installment of rent or other sum . herein specified and such default shall continue for ten (10) days after written notice thereof; or .

The LESSEE shall default in the observance or performance of any other of the LESSEE's covenants, agreements, or obligations hereunder and such default shall not be corrected within thirty (30) days after written notice thereof: or

The LESSEE shall be declared bankrupt or insolvent according 'to law, or, if any assignment shall be made ofLESSEE's property for the benefit of creditors, .

then the LESSOR shall have the right thereafter, while such defa1.ilt continues, to declare the terin of this lease ended, without prejudice to any remedies which might be otherwise used for arrears of rent or other default The LESSOR shall then be allowed to talce · whatever legal action is necessary to obtain court approval, via eviction or otherwise, to recover possession of the P.remises. Should LESSOR recover possession of the premises as stated herein, the LESSEE shall immediately remove all equipment, property, product, and inventory from tb,e premises. The LESSEE shall iB.tlemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason· of such 'termination during the residue of the term. If the LESSEE shall default, after reasonable n~tice 1:!J.ere6f. in the observance or performance of any conditic;ms or Ctivenants on LESSEE's part to be observed or performed under or by virtue of any of the provisions in any article of this lease, the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the

Page 11: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

expense of the LESSEE. If the LESSOR makes any expenditures or incurs any obligations for the payment of money .in connection therewith, inc!°uding but not limited to, refilionable attorney's fees in instituting; prosecuting or defending any action or proceeding. such sums paid or obligations insured, With "interest at the rate of per cent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent.

20. NOTICE.

Any notice from the LESSOR to the LESSEE relating to ·the leased premises or to the occupancy thereof, shall be deemed duly served, if left. at the leased premises addressed to the LES SEE, or if mailed to the leased premises, registered or certified mail, re tum receipt requested, postage prepaid, addressed to the LESSEE. Any notice from the LESSEE to the LESSOR relating to the leased premises or to the occupancy thereof, shall be deemed duly .served. if mailed to the LESSOR by registered or certified mail, return rnceipt requested, postage prepaid, addressed to the LESSOR at such address as the LESSOR may from time to time advise in writing. All rent notices shall be paid and sent to the LESSOR c/o Chart Holdings, LLC, 15 Richardson Road, Hollis, NH 03049.

21. SURRENDER.

The LESSEE shall at the expiration or other termination of this lease remove all LESSEE's goods and effects from the leased premises, (including, without hereby limiting the generality of the foregoing, all signs and lettering affixed or painted by the LESSEE, either inside or outside the leased premises). LESSEE shall deliver to the LESSOR the leased premises and all keys, locks thereto, and other fixtures connected therewifu and all alterations and additions made to or upon the leased premises, in good condition, darb.age by fire or other casualty only excepted.

22. BROKERAGE.

There are no brokers involved in the leasing of fue subject property.

23. CONDITION OF PREMISES.

Except as may be ofuerwise expressly set forth herein, fue LESSEE shall accept fue leased premises "as is" in their condition as of the co=encement of fue term of this lease, and fue LESSOR shall be obligated to perform no work whatsoever in order to prepare fue leased premises for occupancy by the LESSEE.

Page 12: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

24. FORCE MAJEURE.

In the event that the LESSOR is prevented or delayed from making any repairs or performing any other covenant hereunder by reason of any cause reasonably beyond the control of the LESSOR, the LESSOR shall not be liable to the LESSEE therefor nor, except as expressly otherwise provided in case of casualty or talcing, shall the LESSEE be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim by the LESSEE that such failure constitutes actual or constructive eviction from the leased premises or any pant thereof.

25. LATE CHARGE.

If rent or any other sum payable hereunder remains outstanding for a period of ten (10) days, the LESSEE shall pay to the LESSOR a late charge equal to one and one-half percent of the amount due for each month or portion thereof during which the arrearage continues.

26. L_IABILITY OF OWNER.

No owner of the property of which the leased premises are a part shall be liable hereunder except for breaches of the LESSOR's obligations occurring during the period of such ownership. The obligations of the LESSOR shall be binding upon the LESSOR's interest in said property, but not upon other assets of the LESSOR, and no individual partner, agent, trustee, stockholder, officer, director, employee or beneficiary of the LESSOR shall be personally liable for performance of the LESSOR's obligations hereunder.

27. OTHER PROVISIONS.

None.

lN WITNESS WHEREOF, the said parties hereunto set their hands and seals this

I /,'ir day of "?? ec:c-"VVJ f:3 e-c... , 2016.

LESSEE: BeWell Orgauic Medicine, Inc

~rles J. Saba, President bi his capacity as President, and not In di vi dually

LESSOR: Chart Holdings, LLC

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Page 14: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

Stephen N. Zanni i\1nyor

Mayl9, 2017

Mr. Charles Saba

City of Methuen, Massachusetts OFFICE OF THE MAYOR

The Searles Building, 41 l'leasant Street, Suite 306 Methuen, Massachusetts 01844

Telephone: 978-983-8505 Fax: 978-983-8973 E-n1ail: [email protected]

lle Well Organic Medicine, Inc. 92 Bolt St Lowell, MA 01982

Dear Mr. Saba:

The City of Methuen has received multiple requests to serve as a host community for a Medical Marijuana Dispensary as prm~decl in the Commonwealth's Department of Public Health (DPH) Regulations 105 CMR725. Our location in Northern Essex County is attractive to dispensaries due to our outstanding access via Interstates 93 and 495, local transit provided by the MYRTA, business friendly municipal policies, a growing population and an overall high quality oflife for those who live and work here.

After consultation with local municipal leaders, including members of the City Council and my administration, it has been determined that the City of Methuen, by and through its Mayor and in cooperation with the Methuen City Council, shall request proposals from three (3) prospective applicants and select one to receive a single letter of non-opposition to host a Medical Marijuana Dispensary. The selected applicant shall be responsible for securing a Provisional Certificate of Registration from the Department of Public Health, a subsequent Special Permit from the City's Community Development Board under Section XI-D of the City's Zoning Ordinance and final Certification from DPH.

We are inviting you and your team to submit a proposal to the City of Methuen to operate a Medical Marijuana Dispensary in the City. The selection process shall include the submission of a proposal (as provided below) and a presentation and interview in front of a selection committee appointed to review the proposals, interview the applicants and make a selection. The proposals shall be due at 12:00 noon on June 2, 2017 i:n the Mayor's Office, 41 Pleasant Street, Methuen, MA 01844. Presentations and interviews

Page 1of2

The ('ity of i'vtcthucn is an Equal ()pportunity / ;\ffinnalive f\clion En1ployer in its Progratns ;;111d A.clivities

Page 15: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

with the selection committee shall be conducted during the week of June 12, 2017 and will be scheduled upon receipt of the proposal.

A proposal to operate a Medical Marijuana Dispensary in the City of Methuen shall, at a minimum, include the following three (3) components:

1. Statement from the applicant providing name, address and other background information on all members of the applicant entity and all members of the applicant's board and executive team, as applicable. Provide specific information on past business experience of the team and relevant business experience of the team in the industry. Identify the person( s) who will be responsible for the day,to,day management and operations of the site and provide an overview of the daily operations including security measures.

2. Detailed description of the proposed site including evidrnce of cunent site control for the intended use. Provide detailed aerial or mapping images noting the distances to abutting and nearby uses and zoning boundaries. Provide an analysis of how the site relates to the setback and location criteria established in both the DPH regulations and the local ordinance. The site description must include land area and building size, floor plan of the proposed facility, identification of parking spaces, listing of other tenants or occupants on the lot and identify any plans for future expansion of the site. Clearly define the proposed use and whether any cultivation or processing is proposed at the site.

3. Proposed Community Host Agreement detailing the proposed relationship between the proposed facility and the City of Methuen. Identify actions the applicant will take to contribute to improving the quality of life for the residents of the City of Methuen, offset potential impacts to the surrounding community by the proposed facility and ensure that the proposed facility is operated in a professional and regulated manner.

The selection committee may request additional information from the applicants during the selection process. It is feasible that a selection may be made by the end of June 2017 and a letter of non,opposition be issued in] uly 2017.

Thank you for your interest in locating your business in the City of Methuen. We look forward to receiving your proposal.

Sincerely,

~!i:~j n yr/Jt/1/ Mayor of Methuen

Page 2 of2

Page 16: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

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Page 17: Manzi Bonanno Bowers · Manzi Bonanno & Bowers ---ATTORNEYS AT LAW---Hon. Mary McCauley Manzi (Ret.) Vincent C. Manzi, Jr. 280 Merrimack Street, Suite B Methuen, Massachusetts 01844

PARCELLOC OWNER CO OWNER SLH_OWN_ADDR csz ACCl

52.1 BOLT ST BOSTON & MAINE RAILROAD C/O GUILFORD TRANSPORTATION IND INC 67 HIGH ST IRON HORSE PK N BILLERICA, MA 01862 2109

90 BOLT ST AMERICRAFT CARTON INC 164 MEADOWCROFT ST LOWELL, MA 01852 P041

90.l BOLT ST CHART HOLDINGS LLC 280B MERRIMACK ST METHUEN, MA01844 C927

90.3 BOLT ST GRANITE LAND HOLDINGS LLC 123 BOLT ST LOWELL, MA 01852 C90C

92 BOLT ST NEW ENGLAND POWER COMPANY C/O PROPERTY TAX DEPT 40SYLVAN RD WALTHAM, MA 02451-1120 M90

94 BOLT ST NEW ENGLAND POWER COMPANY C/O PROPERTY TAX DEPT 40 SYLVAN RD WALTHAM, MA 02451-1120 M90

94.1 BOLT ST NEW ENGLAND POWER CO C/O PROPERTY TAX DEPT 40SYLVAN RD WALTHAM, MA02451-1120 N90i

123 BOLTST LMP-BOLT LLC 44 STEDMAN ST UNIT 11 LOWELL, MA 01851 Bl95

123.1 BOLT ST LMP-BOLT LLC 44 STEDMAN ST UNIT 11 LOWELL, MA 01851 T175

939.1 LAWRENCE ST

~ PARKS DEPT 375 MERRIMACK ST LOWELL, MA 01852 2003

1025 LAWRENCE ST 1025 LAWRENCE ST LOWELL, MA 01852-2543 C087

46 MEADOWCROFT ST MASS ELECTRIC CO 40 SYLVAN RD WALTHAM, MA 02451-1120 M90

216 MEADOWCROFT ST 216 MEADOWCROFT ST LOWELL, MA 01852 M24


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