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12 November 1998 <br /> Page 3. <br /> Mr. Fitzsimmons did not care if they test; it s the i� <br /> � thing to do Byway, <br /> How can you have a remedial agreement without testing. <br /> Ir. Rosenberg stated the agreement prov-1des that as a paxt of the offer, <br /> are given the right as of the date of acceptance that offer in there <br /> . e e for <br /> the period until the other conditions are satisfied. If not Satisfied . <br /> , they ave <br /> been in there for two years and they dont have to pay. <br /> Mr. Fitzsimmons stated there is no question in his mind, from what <br /> e read <br /> in Mr. �ritenour's letter, that this is in factbindin agreement. It is <br /> preliminary step only insofar as the other steps have to be sati <br /> shied, That <br /> has nothing to do with the fact that we believe that the Board of Selectmen <br /> legally sued that document. W do not believe that should <br /> be a bin din <br /> agreement and said that the other day. Now, he is changing it. <br /> Mr. Fitzsimmons stated he wants a letter from Town Counsel to say that the <br /> Board of Selectmen are legaUy entitled, under their authority, to sign a <br /> binding agreement for the easement on Conservation land. That is not the <br /> sane as what Mr. Whritenour is tag about as a pre ' ary step. In his <br /> opimon, it appears this should not be a binding agreement because they do <br /> not have that authority. <br /> Mr. vhritenour stated he thinks the Board of Selectmen � certainly. rtainly have <br /> the authority to enter into the agreement they entered int , Where ; <br /> is no <br /> doubt in my mind. <br /> rlr. it simmons stated he wants a letter from 'own Coun • <br /> - sel, he wants to <br /> i <br /> see that n writing. <br /> Mr. Whritenour Mated the C mrrn-s ion has his correspondence p dente an d he tried <br /> t clarify aE of the issues that he is aware of on the document but would Ue <br /> 'to see done is if the Commission could review his correspondence,p the <br /> agreement as it stands and whatever issues or concerns they might have <br /> gager them all together and send them all u TCounsel. <br /> p own sed. <br /> w <br /> Mr. Fiftzsimmons stated it was agreed this <br /> � would be done. there were three <br /> major items. <br /> r1r. Rosenberg asked if 1 Ir. �r�hritenour had n hose to ' <br /> . � own counsel, the <br /> three items given to bim Mr. Whritenour statedes <br /> y and he thinks he <br /> addressed most of themin his correspondence. <br />