01/28/2019 BOARD OF SELECTMEN Agenda Packet

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(DRAFT-FOR DI-SCUSSION PURPOSES ONLY extent allowed by law) as it is required by the Commonwealth to obtain and maintain a license for the Establishment. The 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)yeaxs. 7. Re-Opener/Review. In the event that the Company enters into a host commuriity'agreement for a Retail Marijuana Establishment with another municipality in tic Commonwealth of Massachusetts that contains terms that are superior to what the Company agrees to provide the Town pursuant to this Agreement,then the parties shall reopen this Agreement and negotiate an.amendment resulting in benefits to the.Town equivalent or ,superior to those provided to the other municipality. S. Local`faxes. At all times during the Term of this Agreement,property,,both real and personal, owned or operated by the Company shall be treated as taxable, and all applicable real estate and personal property taxes for that property shall be paid eitherdirectly by the Company or by its landlord, and neither.the Company not its landlord shall��object or otherwise challenge the ta: ability of�such property and shall not seek a nonprofit exemption from paying such taxes:Notwithstanding the foregoing, (i) if real or personal property owned, leased or operated by the Company is determined to be non-taxable or partially non- taxable, or (ii)if the value of such property is abated with the effect of reducing or eliminating the tax which would otherwise.be paid if assessed at fair cash value as defined in G:L; c:59, §3'8,or(iii) if the Company is.determined to be entitled or subject to exemption with the effect of reducing or eliminating the tax which would otherwise be due if not so,exempted,then the Company shall pay to the Town an amount which when added to the taxes;if any,paid on such property, shall be equal to the taxes which would have been payable;on such property at fair cash value and at the otherwise applicable tax rate, if there had been no.abatement or exemption;this payment shall be in addition to the payment made by the Company under Section 2 of this Agreement. 9. Community Support and Additional GbUzations. a. Local Vendors. To the extent such practice and its implementation are consistent with federal, state, and municipal laws and regulations,the Company will make every effort in a legal and non-discriminatory manner to give priority to local businesses, suppliers, contractors,builders and vendors in the provision of goods and services called for in the construction,maintenance and continued operation of the Establishment. 4