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provision incompletely, and out of context with its overall provisions that indicate that <br /> the restrictions are to be permanent: <br /> "The term of this agreement shall be(10)years,during which time the MIPT(Trust) <br /> or its successors may develop the Property in accordance with this agreement. <br /> Notwithstanding the forgoing, the restrictions and requirements contained within <br /> this agreement shall run with the land. In addition,this agreement shall apply to all <br /> development within the Property..." The ZBA only saw the opening phrase, and <br /> determined very quickly that this overall set of restrictions for the industrial park <br /> expired in 2007. They ignored the above language about the restrictions running <br /> with the land. <br /> 36. This is buttressed by a section located further down on page 19: "CG11 Successors. <br /> The burdens of this agreement shall be binding upon, and the benefits shall inure to, all <br /> successors in interest to the parties to this agreement. The MIPT agrees that Occupants <br /> shall agree to design, construct, maintain and operate each development in accordance <br /> with this agreement:. <br /> 37. It was legally untenable for the ZBA to completely disregard the terms and conditions <br /> under which the Mashpee Industrial Park was developed. <br /> 38. The Mashpee Zoning By-laws contain specific provisions which recognize and <br /> incorporate such development agreements (Section 174-27.1), including specific <br /> treatment of those entered into by the Cape Cod Commission. These provisions serve <br /> to elevate the Development Agreement to the status of being part of the Town's master <br /> plan and Zoning By-laws. <br /> 9 <br />