Friday, October 4, 2019

CHA for Commonwealth Farms 1761


Community Impact Deposit. Prior to commencing business operations as a Marijuana Retail Establishment, OPERATOR shall make a one-time community impact deposit payment to the CITY in the sum of $25,000.00 which the CITY may, in its sole discretion, use to address public health, safety and other effects or impacts the OPERATOR’S Marijuana Retail Establishment may have on the CITY, including community wellness programs and other efforts and initiatives. The OPERATOR’s community impact deposit payment shall not be refundable but shall be credited toward OPERATOR’S annual community impact fee described in Paragraph 3 following.
3. Community Impact Fee. OPERATOR shall pay to the CITY, an annual community impact fee in the sum of 2.5 per cent of the gross sales of its adult use, i.e., non-medical, Marijuana Cultivation Establishment at the Subleased Premises.
a. OPERATOR understands and agrees that the purpose of the Community Impact Fee is to alleviate the impacts of the siting of the Marijuana Cultivation Establishment in the City, which include, but are not limited to, expenditures of City funds to:
i) promote and maintain a positive perception of the City to other residents, visitors and businesses; ii) address impacts on public health and safety, including creation of addiction prevention and education programs; iii) maintain roads and public services;
iv) pay for increased administrative, regulatory, police, fire, and inspectional services;
v) legal services other than those related to the negotiation, drafting and execution of this Agreement.
b. OPERATOR expressly agrees that 2.5 per cent of the gross sales of its an adult use, i.e., non-medical, Marijuana Cultivation Establishment is reasonably related to the costs imposed upon the CITY by OPERATOR’s operation of its Marijuana Retail Establishment at the Premises. Payment shall be made as follows: within 30 days after the end of OPERATOR’s first fiscal year of the operation of its Marijuana Cultivation Establishment. OPERATOR’S fiscal year runs from January 1 to December 31.
c. The Parties further expressly agree that the community impact fee is treated by the CITY as general fund revenue pursuant to M.G.L. c. 44, §53 and is not a donation or grant under M.G.L. c. 44, §53A. While OPERATOR is not prevented from making a gift or grant to the City or to any organization in the City for the benefit of the residents of Framingham, OPERATOR is not compelled to make any such gift or grant, and no offset or reduction to the Community Impact Fee shall be made as a result of, or in consideration for, the same.

6 Comments:

At October 4, 2019 at 3:00 PM , Anonymous Anonymous said...

Why did these idiots dispensaries ever agree to pay these blackmail amounts? But glad to see that initial payment is not on top of the 2.5% but is credited toward that amount. Is that same pre-paid dollar amount going to be in play for Easleigh Farms plants?

 
At October 4, 2019 at 3:13 PM , Anonymous Anonymous said...

Do we charge this fee for other business coming to Framingham that will impact services, like liquor stores? How about apartment complexes that increase our need for police, fire, school space, do we charge them? Why does the state allow this to even be a charge?

 
At October 4, 2019 at 4:12 PM , Anonymous Anonymous said...

When are these places going to actually open and is the delay due to the city or is it something else?

 
At October 4, 2019 at 4:25 PM , Anonymous Anonymous said...

Nice chunk of change we will be getting from these retail establishments. I heard today thought that the open retail stores are running out of product due to delays in testing at the labs. More stores open, more product is being sold. Add to that the fact that you can no longer by the vaping cartridges and I see a big problem with keeping product in stock, so how do they address that? When is Eastleigh going to start growing?

 
At October 4, 2019 at 4:50 PM , Anonymous Anonymous said...

Now this is worth reading about. Thanks for posting. I hope we get to see exactly where the city spends this money. I somehow doubt it is all going to go to deal with pot issues, of which there will probably be none. By the way, and of those medical stores that were approved ever open in Framingham? If not, I would be curious to know why not.

 
At October 7, 2019 at 11:59 AM , Blogger Jim Pillsbury said...

one medical store did (Temescal on Rte 30) One already approved store got booted for taking to long to get going.

There's an appeal by some locals up around the farm trying to stop it from coming on-line.
we may see one or two stores open in December.

There's only so many growers in the State and most are tied into their own stores. And of those who are running, much of their inventory is set aside for medical use.
The vaping ban will push more demand on flower and edibles. I'm very surprised that the CCC has not taken the ban head on, after all, ALL of the medical products are tested for adulterants.

I think it is plain wrong to ask Commonwealth Farms to pay 2.5% in impact fees. I don't believe the City can substantiate the costs to the city for that non-retail operation.

 

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