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1981-1982-TOWN MEETING RECORDS
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1981-1982-TOWN MEETING RECORDS
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4/11/2025 1:34:39 PM
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Mashpee_Meeting Documents
Board
TOWN MEETING
Meeting Document Type
Minutes
Meeting Date
12/31/1982
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19 Continued <br /> operations, rules and regulations , design and plan review. <br /> The Department, when possible, shall submit to the <br /> Committee for review all architectural and design plans <br /> and construction plans for facilities including structures , <br /> ! roadways, and parking areas in an effort to accomplish <br /> the project. The Department will include a clause in <br /> the project' s design contracts providing for periodic <br /> review by the Committee during the duration of the contracts. <br /> The provisions of this agreement shall not be amended or <br /> changed without the express consent in writing of all parties <br /> thereto, except as otherwise provided for in paragraph 20 <br /> below. Except as provided for in such amendments this <br /> agreement shall be for a term of ninety nine (99) years. <br /> The parties agree to renew those provisions contained <br /> herein which otherwise expire by operation of law. <br /> (20) The passage of legislation, by the General Court of the <br /> Commonwealth, incorporating and adopting all the terms , <br /> provisions, conditions and restrictions contained in this <br /> Agreement shall be an express condition precedent to the <br /> legal existence and enforceability of this Agreement, -to <br /> the contemplated transfer of Town owned land to the <br /> Department and to the Authority for Acquisition of land <br /> to be granted by the Board of Selectmen of the Town of <br /> Mashpee. In the event that all the terms , provisions , <br /> conditions and restrictions are not incorporated and <br /> adopted into legislation, the Town, at its sole option, <br /> may elect to terminate this Agreement, or in the alternative, <br /> amend this Agreement to conform to the legislation as <br /> enacted, in which event the Agreement, as amended, shall <br /> be binding upon all the partiesthereto. <br /> (21) The acceptance of Deeds by the Department to Town owned <br /> land shall not be deemed, and in fact shall not be legally <br /> construed to be a full performance and discharge of the <br /> terms, conditions, provisions and restrictions of this <br /> Agreement; rather, it is expressly agreed and understood <br /> that this Agreement and all its terms , conditions , pro- <br /> visions and restrictions shall survive the delivery of <br /> Deeds, and shall thereafter be fully enforceable in all <br /> aspects thereof. <br /> (22) It is expressly agreed that the terms , conditions , provisions <br /> and restrictions herein contained shall be specifically <br /> enforceable, in law or equity, by a Court of competent <br /> jurisdiction, and that standing in any action shall be given <br /> to the Town of Mashpee or to any ten (10) citizens domiciled <br /> in the Commonwealth of Massachusetts. <br /> -5- <br />
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