Cannabis Joint Venture - Who should pay for new grow building

Cannabis Joint Venture - Who should pay for new grow building

Member since 2019 · 2 posts · 0 votes

Hi. Please be patient while I provide a bit of background so you can appreciate the position I'm in.

I inherited a 6.8 acre junk yard in New England when my dad passed in Oct. 2017. We had to close down the recycling business because of settlements with various environmental agencies. We then rented the entire property to a trucking company who was subletting to other trucking companies. The rent was pretty good ($25,000/mo.) but these trucking guys were changing oil outside and causing more environment concerns than the junk yard did. I didn't take long for the city to sue me and them together, forcing me to evict them. During their cleanup process the city raided the yard accusing them (and me by extension) of illegally burying metals and oil, forcing me to pay for a fire detail for the next 2 months, costing me about $35,000.

So, I haven't received rent since April 2018, I had to remortgage my dad's house to pay for the fire detail, back property taxes, legal, fees, LSP fees, etc.

Now, here's my question: Luckily my property is zoned for marijuana cultivation and I was approached by a company that wants to cultivate on my property. There is an old 5,000 sf building on the property. They want to use the existing building to get their foot in the door and then build a 20,000 sf building next to it and make 10 times the revenue in years 2-n. When they told me their budget for rent was $4 - 7 K for that size building I told them I'd be tying up all my land for this business and I was getting $25,000 from the previous tenants. I asked about entering into a joint venture and they offered me 10% of the net income.

I have 2 dilemmas:

  1. They may not make much money in the first year growing in the small building, but I have to keep paying the mortgage on my dad's house, pay more back taxes, pay the LSP to completely close out the environment case, the attorneys fees, etc. I asked him for a minimum monthly rent because 10% of 0 is 0. He is currently balking saying I could take the equity percent or receive flat rent.
  2. He is expected me to put up the 20,000 sf building at the end of year 1. He said I should pay for it because it is on my property but my attorney (who writes lots of commercial leases) says it's unheard of for the landlord to pay for a new building, even if it is on his property.

There could be tremendous upside to having a 10% stake in this kind of business, but I'd like to ask your opinion to see if I can come up with an idea that would be a win/win for both of us. Should I use my 10% equity payments to fund the new building, which a quick search leads me to believe could cost more than $500,000 just for the shell, so that this cultivator can use it for the next 5 to 10 years and keep 90% of the new profit. Or should I ask him to pay for it and then I could possibly pay something for the building when this joint venture is over assuming the building has any value to me on my property?

Any and all ideas/opinions are welcome.  Thanks!

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Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
7y

Hi Mark,

My first thought would be the future risk of building a new structure for this type of business. Do banks finance these types of businesses for construction loans? What if the Federal Government starts cracking down on these types of businesses? I think they are still illegal under Federal Law? If they are forced out of business what then?

According to smallbiztrends a bit more than 50% of business startups fail in the first four years. Do you want to risk construction costs for that?

Regarding the rent.  It seems like you may have a "Brownfield". Has it been remediated? Can you attract a higher paying tenant, given the EPA problems it has had?

Regarding the construction.  An Environmental Phase-1 will probably pull up the dumping and etc pollution problems, and might require a Phase-2. Will the construction lender require a Phase-1? Will the lender lend on a Brownfield? 

Just my initial thoughts on this.

Good Luck!

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  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    7y

    Hi Mark,

    My first thought would be the future risk of building a new structure for this type of business. Do banks finance these types of businesses for construction loans? What if the Federal Government starts cracking down on these types of businesses? I think they are still illegal under Federal Law? If they are forced out of business what then?

    According to smallbiztrends a bit more than 50% of business startups fail in the first four years. Do you want to risk construction costs for that?

    Regarding the rent.  It seems like you may have a "Brownfield". Has it been remediated? Can you attract a higher paying tenant, given the EPA problems it has had?

    Regarding the construction.  An Environmental Phase-1 will probably pull up the dumping and etc pollution problems, and might require a Phase-2. Will the construction lender require a Phase-1? Will the lender lend on a Brownfield? 

    Just my initial thoughts on this.

    Good Luck!

  • Member since 2019 · 2 posts · 0 votes
    7y

    Hi Scott,

    I confirmed today that banks do not finance any projects on land used for illegal activities, which this is considered to be under Federal law governing the banks.  I consider the risk of the Federal government shutting down the business extremely low at this point because the whole country is legalizing cannabis state by state.  I don't think anyone thinks this can be stopped.  And I also don't consider this to be a typical business that has a 50/50 chance of going out of business in the first few years because, with the limited licenses issued, it's virtually a local monopoly.  Now, 5 years or more down the road the business model could fall apart if it becomes legal federally and we can no longer compete with the big national and international players in the space. 

    With regard to the property, we were in Phase 5 after 10 years of remediation (the last phase) when the previous tenants spilled some oil and then were accused of illegally burying materials.  That became a new incident that will be in Phase 1, but should not effect the building because it occurred in far away corner of the yard.

     Other options were to sell or do a joint venture with a self-storage company but they backed out because another company opened one up a few miles away.  Another option was to install a solar array of about 5 acres (with additional incentives for brownfields) but the solar finance guy I was talking to could never show me that the return on investment was that great and it would tie up the property for the next 20 years.

    Thanks for your thoughts!

  • Wilmington, NC · Member since 2017 · 132 posts · 70 votes
    7y

    First thing you need to do is clarify the environmental situation. Lenders will not lend if there is an issue on any part of the property. That's because they can be dragged into liability for damage due to any contamination. Your state environmental agency can issue a no further action letter when the property's clean. That's the lender's green light to proceed. You may be eligible for a Brownfields agreement, but my experience is these arrangements take a long time for the remediation plan to be approved, and longer for the clean up. You might check with your local municipality to see if they have any block grant money for remediation. Also did you have an environmental indemnity in the lease with the trucking company? You might find a lender once you've been accepted to the program. It's essential to have a good environmental consultant to guide you.

    I haven't been involved in cannabis yet, but I have talked to lenders who will fund these businesses. This is private money, not cheap. Also few banks will allow deposit accounts or merchant processing for cannabis. This means they are cash businesses, subject to all risks associated with a lot of money on site. Cannabis is a rapidly consolidating sector, so this start up will confront business risks as any other in a fast growing industry. 

    As far as who pays for the new building, it's a point of negotiation. I've seen it both ways. Since you are eligible for cannabis, it might be worth  while to approach others in the industry with a development plan. You could get a better deal than the one on the table.

    I work with an investment group that specializes in turning around troubled properties. You can PM me if you'd like to discuss further. Good luck!

  • Specialist · Northern CA · Member since 2014 · 154 posts · 57 votes
    7y

    @Mark Jirtian I have a lot of food details for you regarding the canna industry. We deal with canna real estate in California and have done helped many others with lease, purchases, joint ventures, etc. it’s a very notch market and if serious about the cannabis joint venture I’d be happy to give you some pointers moving forward.

    What ever you do, DO NOT do 10% only venture and DO NOT erect a building for them. Always get your rents covered and just negotiate lower rates with the added bonus of equity.

    There are many other issues that need to be addressed prior to any of that. Licensing, zoning, vetting, company size, products, etc etc.

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