11/04/2019 BOARD OF SELECTMEN Agenda Packet

Home Browse Search

7. Re-Opener/Review In the event that the Company enters into a host community agreement for a Marijuana Cultivation and/or Product Manufacturing Establishment with another municipality in the 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. In the event that the Town enters into a host community agreement for a Marijuana Cultivation and/or Product Manufacturing Establishment with another entity that contains financial or other terms that more favorable to the entity than what the Town provides to Company in this Agreement, then the parties shall reopen this agreement and negotiate an amendment resulting in benefits to the Company equivalent or superior to those provided to the other entity. S. Local Taxes 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 the property shall be paid either directly by the Company or by its landlord, and neither the Company nor its landlord shall object to or otherwise challenge the taxability of such property and shall not seek a non-profit exemption from pay such taxes. Notwithstanding the foregoing, (i) if real personal property owned, lease 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, §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 exempte-d, 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 a-nd at the otherwise applicable tax rate, if there had been no abate-ment 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 Operational 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 servi-ces called for in the construction, maintenance and continued operation of the Establishment. b. Employment Except for senior management staff, and to the extent such practice and its implementation are consistent with federal, state, and municipal laws and regulations, the Company shall use good faith efforts to hire Town residents. C. Approval of Administrator If requested by the Town, the Company shall provide to the Town, for review and approval, the name and relevant information, including but not limited to the information set forth in 935 CMR 500 relative to Marijuana Establishment Agents, or such other state regulations, as the case may be, of the person proposed to act as on-site Administrator of the Establishment. The submittal shall include authorization and all fees necessary to perform a criminal history (CORI) check or similar background check. The Town, through its Town Manager, shall consider such information for approval within ten (10) days following submittal to determine, in consultation with the Mashpee Police Chief, if the person proposed is of suitable character to act as on-site Administrator. 4