1981-1982-TOWN MEETING RECORDS - Laserfiche WebLink

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AMENDED AGREEMENT Agreement entered into this 29 day of June in the year 1981 , by and between the Town of Mashpee and the Commonwealth of Massachusetts acting through the Commissioner of the Department of Environmental Management (DEM) pursuant to Chapter 1058 of the Acts of 1971, as amended whereby DEM is authorized to acquire by gift, purchase or eminent domain South Cape Beach in the Town of Mashpee. WHEREAS, the aforementioned parties entered into an agreement dated September 22 , 1980 relative to the acquistion of South Cape Beach and, WHEREAS, said parties now intend hereby to . amend said agreement of September 22, 1980 by substituting in its entirety therefor this Amended Agreement and all the provisions, covenants , and conditions herein contained. IN CONSIDERATION OF the mutual covenants herein contained and expressed and for other good and valuable consideration the parties mutually covenant and agree as follows: (1) That development and use of the park shall be limited to bathing, sunning, hiking, fishing, nature interpretation, non-motorized biking, and associated passive enjoyment through recreational use consistent with the fragile ecology of the site, which shall expressly exclude overnight camping, and private vehicles, except only as provided for in para- graph (4) below. Any proposed recreational use not specified in this paragraph shall first be submitted to South Cape Beach Advisory Committee for its review and recommendation. (2) That all park facilities will be designed, sited and maintained so that they do not harm the natural and scenic qualities of the area. The Executive Order for Barrier Beaches of Governor Edward J. King signed August 8 , 1980 , (attached as "Exhibit A") shall be incorporated by reference into this Agreement and the Department will undertake to enforce all its provisions throughout the area designated as South Cape Beach State Park. (3) That the Department will manage the fragile wetland, dune and upland areas of the site to prevent erosion and to preserve g critical habitat and the area' s natural scenic qualities. Local ordinance and bylaws now effective will be incorporated into and made part of the park' s rules and regulations and shall govern and control, provided no legal conflict exists. No park rule or regulation will permit an activity or use otherwise prohibited by the rules, regulations and bylaws of the Town of Mashpee in existence as 'of the date of execution of this Agreement.