01/28/2019 BOARD OF SELECTMEN Agenda Packet

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(DRAFT-FOR DISCUSSION PURPOSES ONLY) information required to ascertain compliance with the terms of this Agreement, in addition to a copy of its annual filing as a domestic limited liability company, 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, expressly limited to gross sales receipts, (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. 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)years. 7. Re-Opener/Review. In the event that the Company enters into a h®ptr community agreement for a Retail Marijuana Establishment with another Commonwealth of Massachusetts that contains terms that are superior.to whafii Company agrees to provide the Town : r pursuant to this Agreement, then the parties s1i-aIl reopen thi _Agreement and negotiate an amendment resulting in benefits to the Town equina nt ori ' for to those provided to the other municipality. " S. Local Taxes. At all times during the T rmof this Agreement, property, both real.anal personal, owned or - operated by the Cl�.be treated as taxable, and all applicable real estate and personal property tom[Nlzr that property shall be paid either directly by the Company or by its landlord, and neitlr"x'the Company nor its landlord shall object or otherwise challenge the taxability of such propert%,wand shad not seek a non-profit exemption from paying such taxes. Notwithstanding the foregoi7r .if read'or personal property owned, leased or operated by the Company is determined to:lie_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, §38, 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 Obligations. 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