Application I of 1 TYCA Green, Inc. The Commonwealth of Massachusetts · 2018. 8. 10. · TYCA Green's proposed retail and cultivation and processing facility is located at 470 Main

Application I of 1

CHARLES D. BAKER Governor

KARYN E. POLITO Lieutenant Governor

INSTRUCTIONS

The Commonwealth of Massachusetts

Executive Office of Health and Human Services Department of Public Health

Bureau of Health Care Safety and Quality Medical Use of Marijuana Program

99 Chauncy Street, 11 1h Floor, Boston, MA 02111

SITING PROFILE: Request for a Certificate of Registration to

Operate a Registered Marijuana Dispensary

TYCA Green, Inc.

MARYLOU SUDDERS Secretary

MONICA BHAREL, MD, MPH Commissioner

Tel: 617-660-5370

www.mass.oov/medicalmariiuana

This application form is to be completed by an entity that wishes to apply for a Certificate of Registration to operate a Registered Marijuana Dispensary ("RMD") in Massachusetts, and has been invited by the Department of Public Health ("Department") to submit a Siting Profile ("applicant").

If invited by the Department to submit more than one Siting Profile, the applicant must submit a separate Siting Profile and attachments for each proposed RMD. Please identify each application of multiple applications by designating it as Application I, 2 or 3 in the header of each application page. Please note that no executive, member, or any entity owned or controlled by such an executive or member, may directly or indirectly control more than three RMDs.

Unless indicated otherwise, all responses must be typed into the application forms. Handwritten responses will not be accepted. Please note that character limits include spaces.

Attachments should be labeled or marked so as to identify the question to which it relates.

Each submitted application must be a complete, collated response, printed single-sided on 8 Yz" x I I" paper, and secured with a binder clip (no ring binders, spiral binding, staples, or folders).

Application _1 _of_1 _ Applicant Corporation _TY_c_A_G_,•_•_n,_1n_c. _________ _

Mail or hand-deliver the Siting Profile, with all required attachments, to:

REVIEW

Department of Public Health Medical Use of Marijuana Program

RMD Applications 99 Chauncy Street, 11th Floor

Boston, MA 02111

Applications are reviewed in the order they are received. After a completed application packet is received by the Department, the Department will review the information and will contact the applicant if clarifications or updates to the submitted application materials are needed. The Department will notify the applicant whether it has met the standards necessary to receive a Provisional Certificate of Registration.

PROVISIONAL CERTIFICATE OF REGISTRATION

Applicants must receive a Provisional Certificate of Registration from the Department within I year of the date of the invitation letter from the Department to submit a Siting Profile. If the applicant does not meet this deadline, the application will be considered to have expired. Should the applicant wish to proceed with obtaining a Certificate of Registration, a new application must be submitted, beginning with an Applicant of Intent, together with the associated fee.

REGULATIONS

For complete information regarding registration of an RMD, please refer to I 05 CMR 725. I 00, as well as materials posted on the Medical Use of Marijuana Program website: www.mass.gov/medicalmarijuana.

It is the applicant's responsibility to ensure that all responses are consistent with the requirements of 105 CMR 725.000, et seq., and any requirements specified by the Department, as applicable.

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: _FV_H __

Siting Profile - Page 2

Application _1 _of_1 _ Applicant Corporation _TY_C_A_G_cee_n,_ln_o. _________ _

PUBLIC RECORDS

Please note that all application responses, including all attachments, will be subject to release pursuant to a public records request, as redacted pursuant to the requirements at M.G.L. c. 4, § 7(26).

QUESTIONS

If additional information is needed regarding the RMD application process, please contact the Medical Use of Marijuana Program at 617-660-5370 or RMDapplicationrmstate.ma.us.

CHECKLIST

The forms and documents listed below must accompany each application, and be submitted as outlined above:

[{]A fully and properly completed Siting Profile, signed by an authorized signatory of the applicant

[{]Evidence of interest in property, by location (as outlined in Section B)

[{] Letter(s) of support or non-opposition (as outlined in Section C)



Application _1 _of_1 _ Applicant Corporation _TY_CA_G_•ee_n._1n_'·---------

SECTION A: APPLICANT INFORMATION

I. jTYCA Green, Inc. Legal name of Applicant Corporation

470 Main Street, Clinton, Massachusetts 0151 O

2. Mailing address of Applicant Corporation (Street, City/Town, Zip Code)

jcaroline Pierce 3.

Applicant Corporation's point of contact (name of person Department should contact regarding this application)

~617) 646-9489 4.

Point of contact's telephone number

I [email protected] 5. Point of contact's e-mail address

6. Number of applications: How many Siting Profiles does the applicant intend to submit? _J 1~-



A 1. . 1 f 1 pp 1cat10n _o _ Applicant Corporation _TY_C_A_G_•e_e"-'-"-"c_. ---------

SECTION B: PROPOSED LOCATION(S)

Provide the physical address of the proposed dispensary site and the physical address of the additonal location, if any, where marijuana for medical use will be cultivated or processed.

Attach supporting documents as evidence of interest in the property, by location. Interest may be demonstrated 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 agreement to give such title under (a) or (b), or such lease under (c), in the event that Department determines that the applicant qualifies for registration as a RMD; or ( e) evidence of binding permission to use the premises.

Location Full Address County

470 Main Street, Clinton, Massachusetts 01510

1 Dispensing jworcester

470 Main Street, Clinton, Massachusetts 01510 2 Cultivation Jworcester

470 Main Street, Clinton, Massachusetts 01510

3 Processing jworcester

D Check here ifthe applicant would consider a location other than the county or physical address provided within this application.



A l. . 1 f 1 pp 1cat1on _o _ Applicant Corporation _TY_C_A_G_re_e_n-',_ln_c_. ________ _

SECTION C: LETTER OF SUPPORT OR NON-OPPOSITION

Attach a letter of support or non-opposition, using one of the templates below (Option A or B), signed by the local municipality in which the applicant intends to locate a dispensary. The applicant may choose to use either template, in consultation with the host community. If the applicant is proposing a dispensary location and a separate cultivation/processing location, the applicant must submit a letter of support or non-opposition from both municipalities. This letter may be signed by (a) the Chief Executive Officer/Chief Administrative Officer, as appropriate, for the desired municipality; or (b) the City Council, Board of Alderman, or Board of Selectmen for the desired municipality. The letter of support or non-opposition must contain the language as provided below. The letter must be printed on the municipality's official letterhead. The letter must be dated on or after the date that the applicant's Application of Intent was received by the Department.

Template Option A: Use this language if signatory is a Chief Executive Officer/Chief Administrative Officer I, [Name of person], do hereby provide [support/non-opposition] to [name of applicant corporation] to operate a Registered Marijuana Dispensary ("RMD") in [name of city or town]. I have verified with the appropriate local officials that the proposed RMD facility is located in a zoning district that allows such use by right or pursuant to local permitting.

Name and Title of Individual

Signature

Date

Template Option B: Use this language if signatory is acting on behalf of a City Council, Board of Alderman, or Board of Selectman The [name of council/board], does hereby provide [support/non-opposition] to [name of applicant corporation] to operate a Registered Marijuana Dispensary ("RMD") in [name of city or town]. I have been authorized to provide this letter on behalfofthe [name of council/board] by a vote taken at a duly noticed meeting held on [date].

The [name of council/board] has verified with the appropriate local officials that the proposed RMD facility is located in a zoning district that allows such use by right or pursuant to local permitting.

Name and Title of Individual (or person authorized to act on behalf of council or board) (add tnore /ines.fOr na1nes [f needed)

Signature (add tnore linesJOr signatures {fneededj

Date

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: _F_VH __


Application _1 _of_1 _ Applicant Corporation _TY~C~A_,_,,G"-'re~e"'n"-"-ln"'c'-. -------

SECTION D: LOCAL COMPLIANCE

Describe how the applicant has ensured, and will continue to ensure, that the proposed RMD is in compliance with local codes, ordinances, and bylaws for the physical address( es) of the RMD.

TYCA Green's proposed retail and cultivation and processing facility is located at 470 Main Street in the Town of Clinton, Massachusetts, in the Industrial (I) Zoning District, in an area designated as a 43D/Priority Development Site. Pursuant to Section 67 40 of Clinton's Zoning By-Laws, a Medical Marijuana Treatment Center is allowed in the Commercial (C) or Industrial (I) Zoning District by special permit granted by the Planning Board. Pursuant to Section 6734 of Clinton's Zoning By-Laws, TYCA Green's proposed location is not within 500 feet of any parcels occupied by any school attended by children under the age of 18, child care facility or any other use in which children commonly congregate in an organized ongoing formal basis, or any playground, public athletic field or similar public recreational facility, or another MMTC. In addition to completing the special permit process, TYCA Green will remain compliant with Section 6730 of Clinton's Zoning By-Laws and will abide by any further conditions and regulations imposed by the Town.

TYCA Green is diligent in regard to staying current on all applicable local codes, ordinances and by-laws and will remain in contact with local officials to ensure continued compliance.

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


Application _1 _of_1 _ Applicant Corporation -'TY-'-'C'-'A-'-"G'-'-re"-e'-'n'"'-'ln:.:.c:..:· ______ _

SECTION E: THREE-YEAR BUSINESS PLAN BUDGET PROJECTIONS

Provide the three-year business plan for the proposed RMD, including revenues and expenses.

Projected Start Date for the First Full Fiscal Year: 101/01/2019

FIRST FULL FISCAL SECOND FULL FISCAL Fiscal Year YEAR PROJECTIONS YEAR PROJECTIONS

~019 ~020 Projected Revenue [$ 3,150,000.00 I $ 3.217,500.00

Projected Expenses I$ 2,900.000.00 I$ 3,o5o,ooo.oo

VARIANCE: I$ 250,000.00 I$ 167,500.00

Number of unique patients for the year 1750 ~25 Number of patient visits for the year [9,000 19,900

Projected% of patient growth rate annually --- j 10.0

Estimated purchased ounces per visit [1.00 11.00

Estimated cost per ounce I$ 350.00 I$ 325.oo

Total FTEs in staffing J 1s J22 Total marijuana for medical use inventory

1600 j737 for the vear (in lbs.) Total marijuana for medical use sold for the

1563 1619 year (in lbs)

Total marijuana for medical use left for roll 137 I 118 over (in lbs.)

. 103/01/2019 Projected date the RMD plans to open.,,_: _______ _ 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: _FV_H __

THIRD FULL FISCAL YEAR PROJECTIONS

j2021

i $ 3,420,000.00

I$ 3, 100.000.00

l $ 320,000.00

]950

J11,400

j 15.o

j 1.00

1$ 300.00

122

]s19

j713

j106


Application _1 _of_1 _ Applicant Corporation ~TY~C~A~G~r~•~•~nLl~n~cL. ______ _

ATTESTATIONS

Signed under the pains and penalties of perjury, I, the authorized signatory for the applicant, agree and attest that all infonnation included in this application is complete and accurate and that I have an ongoing obligation to sub1nit updated information to the Department if the information presented within this application has changed.

~ J. +-\-<J\ (,,/?.I /1 <:/ Signature of Authorized Signatory Date Signed

I Franklin V. Hardy Print Name of Authorized Signatory

jcEO Title of Authorized Signatory

I, the authorized signatory for the applicant, hereby attest that the applicant has notified the chief administrative officer and the chief of police of the proposed city or to,vn in which the RMD would be sited, as well as the sheriff of the applicable county, of the intent to submit a i\1anagen1ent and Operations Profile and a Siting Profile.

r;,,121/1"< Signature of Authorized Signatory Date Signed

!Franklin V. Hardy Print Name of Authorized Signatory

CEO Title of Authorized Signatory

Information on this page has been reviewed by the applkant, and where provided by the applkant, is accurate and complete, as Indicated by the initials of the authorized signatory here:~


Application 2_or_1_ Applicant Corporation ~TY~C~A~G~r~••~n~l~n~c·~------

I, the authorized signatory for the applicant, hereby attest that if the corporation is approved for a provisional certificate of registration, the applicant is prepared to pay a nonRrefundable registration fee of$50,000, as specified in 105 CMR 725.000, after being notified that the RMD has been approved for a provisional certificate of registration.

~u~o;izedtl7i0 G I -;i I /1 I> Date Signed

I Franklin V. Hardy Print Nrune of Authorized Signatory

jcEO Title of Authorized Signatory

Information on this page has been reviewed by the appllcant, and where provided by the applkant, ls accurate and complete, as indicated by the initials of the authorized signatory here:~

Siting Profile~ Page IO

Application 1 of 1 TYCA Green, Inc. Section B - Evidence of Interest in Property (1)

BINDING LETTER OF INTENT/ OPTION TO LEASE

June 13, 2018

TYCA Corporation 470 Main Street Clinton, Massachusetts 01510

RE: BINDING LETTER OF INTENT TO LEASE A PORTION OF 470 MAIN STREET IN CLINTON, MASSACHUSETTS

Dear TYCA Corporation:

This Binding Letter of Intent ("LOI") is for the leasing of a portion of the property located at 4 70 Main St!'eel in Clinton, Massachusetts 01510.

LANDLORD:

TENANT:

PARTIES:

PREMISES:

USE:

EXCLUSIVE USE:

TERM OF LEASE:

OP'J'JON PERIOD:

OPTION PAYMENT:

OPTION EXTENSION:

TYCA CORPORATION

TYCA GREEN, INC.

Landlord and Tenant (collectively the "Parties").

A portion of the property localed at 470 Main St., Clinton, MA, to be used fol' cultivation and manufactul'ing operations, measuring approximately nine thousand nine hundred and thirteen (9,913) sq. ft. of the approximately thirty thousand (30,000) sq. ft. building, and all oti1er improvements thereon (the "Premises").

A Registered Marijuana Dispensary ("RMD"), registered Marijuana Eslablishment ("ME") and any other lawful purpose under state and local law.

Tenant shal I have the exclusive use for a RMD and ME, and any other lawful purpose under state and local law.

Ten (I 0) year initial lerm with four ( 4) five (5) year options to extend.

For a period of six (6) months following full execution of this LOI (the "Option Period"), Tenanl shall have the excltisive right and option to lease the Premises from Landlord (the "Option"). Such Option shall be exercised, if at all, upon written notice to Landlord given priqr to the expiration of the Option Period.

Tenant will pay Landlord$ I 0 0, 0 O upon execution of this LOI in consideration of the Option Period.

Upon conclusion of the Option Period, Tenant will have the ability to extend the Option on a montl1-by-month basis for up to twelve ( 12) months ("Extension Period") by paying Landlord

Application 1 of 1

Privileged & Confidential.

TERMINATION:

LEASE:

RENT:

CONDITION:

TRIPLE NET Cl IARGES:

UTILITIES:

ASSIGNMENT & SUBLETTING:

ACCESS:

TYCA Green, Inc. Section B - Evidence of Interest in Property (1)

$ Io o, o o per month for the duration of the Extension Period, or until Tenant either: (I) exercises the Option at which point Landlord and Tenant will enter into a lease; or (2) tenninatcs this LOI by providing written notice to Landlord. Tenant shall have the exclusive right and option to lease the Premises during the Extension Period.

This LOI may be terminated by Tenant at any time upon written notice to Landlord given during the Option Period or Extension Period.

Upon Tenant's exercise of the Option in accordance with the terms herein contnined, Landlord and Tenant shall use good faith and due diligence to execute a lease agreement to be prepared by Landlord, containing all of the terms and conditions for the use set forth in this LOJ and such other customary and reasonable terms and conditions (the "Lease"). Landlord and Tenant hereby agree to enter into a lease within sixty (60) days following Tenant's exercise of'the Option.

If the Option is exercised by Tenant, the Lease shall provide for rent to be paid by Tenant to Landlord at the rate of$ $. o l:> per sq. ft. per year for the first year. The rent will increase to $ 7. r 0 ·-per sq. ft. per year for years two (2) through five (5). The rent will increase to$ I 0 .C> t> per sq. ft. per year for years six (6) through ten (I 0).

Tenant shall be responsible for all real estate taxes assessed against the Premises for the Term of the Lease, as applicable. If applicable, Tenant shall be responsible during the Tenn of the Lease for maintaining all necessary insurance, naming Landlord as an additional insured.

Tenant shal'l be responsible for all utilities supplied to and consumed upon the Premises during the Tenn of the Lease.

Tenant shall have the right to assign the Lease in its entirety or to sublet all or any portion of the Premises lo: (a) any entity resulting from a merger or a consolidation with Tenant; (b) any entity succeeding to the business operated by Tenant at the Premises; or (c) any subsidiary or affiliate of' Tenant. Any other assignment or sublease will require the prior written consent of Landlord, which shall not be unreasonably withheld, delayed, or conditioned.

During the Option Period or Extension Period, and prior to the commencement of the Lease Term, Tenant shall be permitted reasonable access to the Premises, but only when accompanied by Landlord or Landlord's agent, for the purposes of planning the layout of the space, measuring the premises, and preparing architectural drawings and security layout of the Premises.

'

Page 2 of 4

Application 1 of 1

Privileged & Confidential SIGNAGE:

SECURITY DEPOSIT:

BROKERAGE:

TERMS OF AGREEMENT:

IMPROVEMENTS:

FURNISHING OF DOCUMENTS;

EXCLUSIVITY:

PURCHASE OPTION:

RIGHT OF FIRST REFUSAL TO PURCHASE PROPERTY:

COMPLIANCE WITH STATE REGULATIONS:

TYCA Green, Inc. Section B ~Evidence of Interest in Property (1)

Exterior signage will be permitted during the Term of the Lease subject only to applicable laws. Landlord shall be responsible for the removal of any unwanted existing sign age.

NIA

NIA

Landlord and Tenant hereby agree that this LOI shall be binding between the Parties. It is understood that Tenant needs final approval for a RMD and/or ME from the Massachusetts Department of Public Health (the "DPH") and the Massachusetts Cannabis Control Commission (the "CCC") and the Town of Clinton before Tenant is able to begin renovations. The Lease shall contain a contingency allowing for Tenant's early termination in the event that Tenant is unable to obtain necessary state and municipal approvals for a Rlv!D and/or ME at the Premises. The terms of this LOI shall govern until the Lease is executed.

Tenant will bear the cost of all improvements to the Premises.

Upon request, Landlord will supply Tenant with any documents in Landlord's possession to help in the approval process and will provide signatures as required for approvals involving the Premises.

For the consideration paid pursuant to this LOI, Landlord will not offer the Premises for lease or sale to anyone other than Tenant during any Period referenced in this LOI.

Tenant shall have the option to purchase the Premises at any time during the Option Period, Extensio1\period or Lease for a purchase price of \ <,.... t-'\ • \\I •"'"" UNITED STATES DOLLARS($ I 0 1 OW ,oo c USD).

In the event the Landlord elects to sell the Premises at any time during the Option Period, Extension Period, or Lease, 1irior to marketing the Premises for sale to the public, Landlord will notify Tenant in writing of the same and Tenant shall have ten ( l 0) days from the date of said notice to submit an offer to the Landlord to purchase the Premises. Landlord shall be under no obligation to accept the off et'. Tenant shall also have the right of first refusal to match any bona fide offer to purchase the Premises made to the Landlord by any third-party at any time during the Option Period, Extension Period, or Lease. Landlord will notify Tenant in writing of the same and Tenant shall have ten (I 0) days from the date of said notice. to match the third-party offer amount.

In accordance with state regulato1y requirements, the Parties agree that the seizure of assets protected by the Humanitarian Medical Use of Marijuana Act (Ch. 369 of the Acts of2012 or M.G.L. Ch. 941) or M.G.L. Ch. 94G, i.e. any product containing any amount

Page 3 of 4

Application 1 of 1

Privileged & Confidential

CONPIDENTJALITY:


of marijuana, is not an available remedy in !he event of a default, breach, surrender or any other failure to perform under this Lease. In addilioh, the Parties understand and agree that a Certificate of Registration, whether provisional or final, or other marijuana establishment license, is non-transferable, and may not be assigned or transfen·ed without prior approval from the applicable state regulatory authority. The Parties agree that Tenant's Ce11ificate of Registration or other marijuana establishment license is not an asset that may be seized by Landlord or available as a remedy for Tenant's default, breach or other failure to perform under this Lease.

The Parties agree that the information set forth herein is intended to be private and confidential between the Patties executing this LOI and shall not be disclosed to third parties without the. written consent of each Party to this transaction; provided, however, that the terms of this LOI may be disclosed in confidence to local and state government officials, prospective lenders, current or prospective business partners or joint venture partners, legal counsel an'd other consultants to and contractors for said Parties for purposes incidental to this agreement or to the conduct of business by said Pa1ties.

If the terms and conditions are. acceptable, please execute this LOI in the space provided below and return a copy by June 15, 2018.

AGREED & ACCEPTED: (LANDLORD)

By: ~ V' \--\, "-' \ Name: Franklin Y. Hardy

Title: President

Date: <0 ) I 5 ) I ~

AGREED & ACCEPTED: (TENANT)

By: \ZA-_ \} . 40'1 Name: Franklin V. Hardy

Title: President

Date: '.:, /1 5- / 1 \$"

Page 4 of4

Application 1 of 1 TYCA Green, Inc. Section B - Evidence of Interest in Property (2)

BINDING LETTER OF INTENT I OPTION TO LEASE

June 13, 2018

TYCA Corporation 470 Main Street Clinton, Massachusetts 01510

~Q.+o-.', \

REI BINDING LETTER OF INTENT TO LllASE A PORTION OF 470 MAIN STREET IN CLINTON, MASSACHUSETTS

Dear TYCA Corporation:

. ~Binding Letter of Intent ("LOI") is for the leasing of a po1tion of the prope1ty located at 470 Main Street in Clinton, Massachusetts 01510.

LANOLORD:

TENANT:

PARTIES:

PREMISES:

USE:

EXCLUSIVE USE:

TERM OF LEASE:

OPTION PERIOD:

OPTION PAYMENT:

OPTION EXTENSION:

TYCA CORPORATION

TYCA GREEN, INC.

Landlord ·and Tenant (collectively the "Parties;').

A portion of the property located at 470 Main St., Clinton, MA, to be used for dispensing and retail operations, measuring one thousand two hundred and forty-six (1,246) sq. ft. of the approximately thirty thousand (30,000) sq. ft. building, and all other improvements thereon (the "Premises").

A Registered Marijuana Dispensary ("RMD"), registered Marijuana Establishment ("ME") and any other lawful purpose under state and local law.

Tenant shall have the exclusive use for a RMD and !VIE, and any other lawful purpose under state and local law.

Ten (I 0) year initial term with fou1· (4) five (5) yea1· options lo extend.

For a period of six (6) months following foll execution of this LOI (the "Option Pe!'iod"), Tenant shall have the exclusive right and option to lease the Premises from Landlord (the "Option"). Such Option shall be exercised, if at all, upon written notice lo Landlord given prior to the expiration of the Option Period.

Tenant will pay Landlord$ I 0 0. o O upon execution of this LOI in consideration of the Option Period.

Upon conclusion of the Option Pel'iod, Tenant will have the ability to extend the Option on a month-by-month basis for up to twelve ( 12) months ("Extension Period") by paying Landlord

Application 1 of 1

Privileged & Confidential

TERMINATION:

LEASE:

RENT:

CONDITION:

TRIPLE NET CHARGES:

UTILITIES:

ASSIGNMENT & SUBLETTING:

ACCESS:

TYCA Green, Inc. Section B ~ Evidence of Interest in Property (2)

$~<>.o-t> per month for the duration of the Extension Period, or until Tenant either: (I) exercises the Option at which point Landlord 'and Tenant will enter into a lease; or (2) tenninates this LOI by providing written notice to Landlord. Tenant shall have the exclusive right and option lo lease the Premises during the Extension Period.

This LOI may be terminated by Tenant at any time upon written notice to Landlord given dming the Option Period or Extension Period.

Upon Tenant's exercise of the Option in accordance with the terms herein contained, Landlord and Tenant shall use good faith and due diligence to execute a lease agreement to be prepared by Landlord, containing all of the tenns and conditions for the use set forth in this LOI and such other customary and reasonable terms and conditions (the "Lease"). Landlord and Tenant hereby agree to enter into a lease within sixty (60) days following Tenant's exercise of the Option,

'

If the Option is exercised by Tenant, the Lease shall provide for rent to be paid by Tenant to Landlord at the rate of$ ';l • SD per sq. ft. per year for the first year. The rent will increase to $ ?, ol> per sq, ft. per year for years two (2) through five (5). The rent will increase to$ \.\ C>O per sq. ft. per year for years six (6) through ten (I 0).

Tenant shall be responsible for all real estate taxes assessed against the Premises for the Term of the Lease, as applicable. If applicable, Tenant shall be responsible during the Term of the Lease for maintaining all necessary insurance, naming Landlord as an additional insured.

Tenant shall be responsible for all utilities supplied to and consumed upon the Premises during the Tenn of the Lease.

Tenant shall have the right to assign the Lease in its entirety or to sublet all or any portion of the Premises to: (a) any entity resulting from a merger or a consolidation with Tenant; (b) any entity succeeding to the business operated by Tenant at the Premises; or (c) any subsidiary or affiliate of Tenant. Any other assignment or sublease will require the prior written consent of Landlord, which shall not be umeasonably withheld, delayed, or conditioned.

During the Option Period or Extension Period, and prior to the commencement of the Lease Tenn, Tenant shall be permitted reasonable access to the Premises, but only when accompanied by Landlord or Landlord's agent, for the purposes of planning the layout of the space, measuring the premises, and preparing architectural drawings and security layout of the Premises.

Page 2 of 4

Application 1 of 1

Priviieged & Confidential SIONAOE:

SECURITY DEPOSIT:

BROKERAGE:

TERMS OF AGREEMENT:

IMPROVEMENTS:

FURNISHING OF DOCUMENTS:

EXCLUSIVITY:

PURCHASE OPTION:

RJGHT OF FIRST REFUSAL TO PURCHASE PROPERTY:

COMPLIANCE WITH STATE REGUJ.,ATIONS:

TYCA Green, Inc. Seclion B - Evidence of Interest in Property (2)

Exterior signage will be permitted during the Te1m of the Lease subject only to applicable laws. Landlord shall be responsible for the removal of any unwanted existing signage.

NIA

NIA

Landlord and Tenant hereby agree that this LOI shall be binding between the Parties. It is understood that Tenant needs final approval for a RMD and/or ME from the Massachusetts Depa1tment of Public Health (the "DPH") and the Massachusetts Cannabis Control Commission (the "CCC") and the Town of Clinton before Tenant is able to begin renovations. The Lease shall contain a contingency allowing for Tenant's early termination in the event that Tenant is unable to obtain necessary state and lnunicipal approvals for a RMD and/or ME at the Premises. The terms of this LOI shall govern until the Lease is executed.

Tenant will bear the cost of all improvements to the Premises.

Upon request, Landlord will supply Tenant with any documents in Landlord's possession to help in the approval process and will provide signatures as required for apprnvals involving the Pren1ises. ,

For the consideration paid pursuant to this LOI, Landlord will not offer the Premises for lease or sale to anyone other than Tenant during any Period referenced in this LOL

Tenant shall have the option to purchase the Premises at any time dming the Option Period, Extension pe\iod or Lease for [a purchase price of l IZ. \"\ I'')· I ; o n UNITED STATES DOLJ.,ARS ($ \ p 1o00 1 ooo USD).

In the event the Landlord elects to sell the Premises at any time during the Option Period, Extension Period, or Lease, prior to marketing the Premises for sale to the public, Landlord will notify Tenant in writing of the same and Tenant shall have ten (I 0) days from the date of said notice to submit an offer to the Landlord to purchase the Premises. Landlord shall be under no obligation to accept thc,offer. Tenant shall also have the right of first refusal to match any bona fide offel' to pul'chase the Premises made to the Landlol'd by any third-patty at any time during the Option Period, Extension Period, or Lease. Landlord will notify Tenant in writing of the same and Tenant shall have ten (I 0) days from the date of said notice to match the third-party offer amount.

ln accordance with state regulatory requirements, the Pa1ties agree that the seizure of assets prntected by the Humanitarian Medical Use of Marijuana Act (Ch. 369 of the Acts of 2012 01· M.G.L. Ch. 941) or M.G.L. Ch. 94G, i.e. any product containing any amount

Page 3 of 4

Application 1 of 1

Privileged & Confidential,

CONFIDENTIALITY:


of marijuana, is not an available remedy in the event of a default, breach, surrender or any other failure to perform under this Lease, In addition, the Pa1ties understand and agree that a Certificate of Registration, whether provisional or final, or other marijuana establishm'ent license, is non-transferable, and may not be assigned or transferred without prior approval from the applicable state regulatory authority. The Patties agree that Tenant's Certificate of Registration or other marijuana establishment license is, not an asset that may be seized by Landlord or available as a remedy for Tenant's default, breach or other failure to perform under this Lease.

The Parties agree that the information set forth herein is intended to be private and confidential between the Parties executing this LOI and shall not be disclosed to third pa11ios without the written consent of each Party to this transaction; provided, however, that the terms of this LOI may be disclosed in confidence to local and state government officials, prospective lenders, current or prospective business pminers or joint venture partners, legal counsel and other consultants to and contractors for said Parties for purposes incidental to this agreement or to the conduct of business by said Pa1ties.

If the terms and conditions are acceptable, please execute this LOI in the space provided below and return a copy by June 15, 2018.

AGREED & ACCEPTED: (LANDLORD)

By: ~ J · /_.\J\

Name: Franklin Y. Hardy

Title: President

Date: (,, / I $ / 1 '15

AGREED & ACCEPTED: (TENANT)

By: ~ V. l--\J\, Name: Franklin V, Hardy

Title: President

Date: b / \ S / I ?(

Page 4 of 4

Application 1 of 1

March 16, 2018

TYCA Green, Inc. 470 Main Street Clinton, MA 01510

TYCA Green, Inc.

TOWN OF CLINTON Office of the Selectmen

242 Church Street Clinton. Massachusetts 01510

Tel: (978) 365-4120 • Fax: (978) 365-4130

RE: Register Medical Marijuana Dispensary in Clinton, MA

Section C - Letter of Support

William F. Connolly, Jr. Michael J. Dziokonski Marc S. Iacobucci Sean J. Kerrigan David J. Sargent

Michael J. Ward Town Administrator

The Clinton Board of Selectmen does hereby provide support to TYCA Green, Inc. to operate a Registered Medical Marijuana Dispensary at 470 Main Street in Clinton, Massachusetts.

I have been authorized to provide this letter on behalf of the Clinton Board of Selectmen by a vote taken at a duly noticed meeting held on March 14, 2018.

The Clinton Board of Selectmen has verified with the appropriate local officials that the proposed Registered Medical Marijuana Dispensary facility is located in a zoning district that allows such use by right or pursuant to local permitting.

If you require any additional information relative to this matter, please do not hesitate to contact me.

By,

DJS/mjw

Documents

Application I of 1 TYCA Green, Inc. The Commonwealth of Massachusetts · 2018. 8. 10. · TYCA Green's proposed retail and cultivation and processing facility is located at 470 Main