01/28/2019 BOARD OF SELECTMEN Agenda Packet

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without setting off the Company's aggregate obligation under such Section 5. b. In the second,third,fourth and fifth years of operation:three percent(3%)of the Company's gross revenues from sales of (i) marijuana, (ii) marijuana derived product and (iii) ancillary paraphernalia at the Establishment in each year of operation shall be paid in two (2) six (6) month segments; the first, covering the first six (6) months of the operating year, measured annually form the respective anniversary of the Opening Date, shall be paid within two hundred forty (240) days and the balance, covering the second six (6) months of the operating year, to be paid within sixty(60) days after the end of the year of operation. c. With regard to any year of operation for the Establishment which is not a full calendar year, the applicable Annual Payments shall be pro-rated accordingly. 3. Payments. Company shall make the Annual Payments set forth in Section 2 above, to the Town of Mashpee. To the extent permitted by law, the Treasurer of the Town may hold the Annual Payments in a separate account, to be expended by the Town without further _ appropriation pursuant to G.L. e.44, §53A, or otherwise in trust, for the purposes of addressing the potential health, safety, and other effects or impacts of the Establishment on the Town and on municipal programs, services, personnel, and facilities. Otherwise, said Annual Payments shall be deposited into the General Fund. While the purpose of the Annual Payments is to assist the Town in addressing any public health, safety, and other effects or impacts the Establishment may have on the Town and on municipal programs, services, personnel, and facilities, the Town may expend the Annual Payments at its sole and absolute discretion. Notwithstanding the Annual Payments, nothing shall prevent the Company from making additional donations from time to time to causes that will support the Town, including but not limited to local drug abuse prevention/treatment/education programs. 4. Other Payments. Company anticipates that it will make purchases of water, and sewer (if available) from local government agencies. Company will pay any and all fees associated with the local permitting of the Establishment. If the Town receives other payments from the Company or from the Department of Revenue or any other source, 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. 3