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(DRAFT-FOR DISCUSSION PURPOSES OILY) <br /> facilities. Otherwise,said Annual Payments shall be deposited into the General <br /> Fund. While the purpose of the Annual Payments is to assist the Town in <br /> addressing any public health, safety,and other effects or impacts the Establishment <br /> may have on the Town and on municipal programs, services,personnel, and <br /> facilities,the Town may expend the Annual Payments at its sole and absolute <br /> discretion.Notwithstanding the Annual Payments, nothing shall prevent the <br /> Company from making additional donations from time to time to causes that will <br /> support the Town, including but not limited to local drug abuse <br /> prevention/treatment/cducation programs. <br /> 4. Mher Payments. <br /> Company anticipates that it will make purchases of water, and sewer(if available) from <br /> local government agencies. Company will pay any and all fees associated with the local <br /> pelmitting of the Establishment.Ifthe Town receives other payments from the Company <br /> or from the Department of Revenue or any other source,including but not limited to taxes <br /> imposed by an act of the legislature of the Commonwealth of Massachusetts,or a mandate <br /> from the Town for said payments,the amounts due from the Company to the Town under <br /> the terms of this Agreement shall not be reduced by the amount of such other payments. <br /> 5. EdLication and Preyention Pro ,erg_ams. <br /> The Company, in addition to any other payments specified herein, shall annually <br /> contribute to non-profit entity or entities in an amount no less than Twenty--Five <br /> Thousand Dollars ($25,000) for the purposes of drug abuse <br /> prevention/treatment/education programs (the "Annual Donations.") The education <br /> programs shall be held in Mashpee andthose communities adj acentto Mashpee.Prior to <br /> the selection of anon-profit entity-program forthis purpose,the Company will review <br /> their intentions with the Town,acting through its Town Administrator and Chief of Police <br /> to ensure that the proposed programming is consistent with community needs. The <br /> Annual Donations shallnotbecons idered part oftheAnnual P ayment tothe Town. <br /> Documentation of the Annual Donations shall be made in accordance with the Annual <br /> Payment schedule set forth in Paragraph 2.In the event that no non-profit entity can offer <br /> the appropriate programming to Mashpee and the surrounding area,the contribution shall <br /> be paid to the Town to hold in a restricted fiend for release upon mutual and written <br /> agreement of the Company and Town once an eligible non-profit program is identified, <br /> 6. AnnugLI.Filing, <br /> Company shall notify the Town when the Company continences sales at the <br /> Establishment and shall submit annual financial statements to the Town on or before May <br /> 1,which shall include certification of itemized gross sales for the previous calendar year, <br /> and all other information required to ascertain compliance with the terms of this <br /> Agreement, in addition to a copy of its annual filing as a non-profit, if any, to the <br /> Massachusetts Office of Attorney General.Upon request,the Company shall provide the <br /> Town with the same access to its financial records (to be treated as confidential, to the <br /> 3 <br />