08/24/2020 BOARD OF SELECTMEN Agenda Packet

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(DRAFT-FOR DISCUSSION PURPOSES ONLY) 4, Other PLN:ments.,, Company anticipates that it will make purchases of water, and sewer from all local government agencies. Company will pay any and all fees associated with the local permitting of the Establishment. If the Town m receives other payments from. the Company (other than additional voluntary payments made by the Company), or from the Department of Revenue or any other source,the funds which have been collected by assessment against the Company, including but not limited to taxes imposed by an act of the legislature of the Commonwealth of Massachusetts, or a mandate from the Town for said payments, the amounts due from the Company to the Town under the terms of this Agreement shall not be reduced by the amount 'of such other payments. 5, Education and Pre venflon Pro V j,zrams. The Company, in addition to any other payments specified herein, shall annually contribute to a non-profit entity or entities in an amount no less than Twenty-Five thousand dollars ($25,000) for the purposes of drug abuse prevention/treatment/education programs (the "Annual Donations.") The parties hereto each expressly acknowledge that the Annual Donation is a voluntary donation by the Company to a public service entity and is neither an inducement to enter into this Agreement nor a requirement of the Town. The education programs shall be held in Mashpee and those communities adjacent to Mashpce. Prior to the selection of a non-profit entity program for this purpose,the Company will review their intentions with the Town, acting through its Town Administrator and Chief of Police to ensure that the proposed programming is consistent with community needs. The Annual Donations shall not be considered part of the Annual Payment to the Town. Documentation of the Annual Donations shall be made in accordance with the Annual Payment schedule set forth in Paragraph 2.1n the event that no non-profit entity can offer the appropriate programming to Mashpee and the surrounding area, the contribution shall be paid to the Town to hold in a restricted fund for release upon mutual and written agreement of the Company and Town once an eligible non-profit program is identified. 6. Annual Filing.. Company shall notify the Town when the Company commences sales at the Establishment and shall submit annual financial statements to the Town on or before May 1, which shall include certification of itemized gross sales for the previous calendar year, and all other information required to ascertain compliance with the terms of this Agreement, in addition to a copy of its annual filing as a non-profit, if any, to the Massachusetts Office of Attorney General. Upon request, the Company shall provide the Town with the same access to its financial records to be treated as confidential,to the extent allowed by law) as it is required by the Commonwealth to obtain and maintain a license for the Establishment. rl"he Company shall maintain its books, financial records and any other data related to,its finances and operations in accordance with standard accounting practices and any applicable regulations' and guidelines promulgated by the Commonwealth of Massachusetts. All records shall be retained for a period of at least seven(7) years. 3