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......... <br /> i <br /> (8) The Department shall be responsible for a management system <br /> for traffic control on Great Oak Road and its point of <br /> intersection with other roads leading into the Park, to <br /> insure orderly traffic. <br /> (9) The acquistion by the Commonwealth of 432 acres , more or <br /> less, is an express condition precedent to the legal <br /> existence of this Agreement. In the event that the <br /> Agreement <br /> by the thete is exclusive optionss than 3ofathesTownlof Mashpee, <br /> Agreement may, at t <br /> be terminated and declared void. The parcel of land to be <br /> portion of the Town of Mashpee, <br /> acquired is the Southerly <br /> bounded on the West by Waquoit Bay, on the South by Vineyard <br /> Sound, and on the East by Great Flat Pond. <br /> (10) That primary effort shall be made by the Department to <br /> negotiate purchase of the aforementioned privately owned lands . <br /> (11) That recognizing the possibility that all such privately owned <br /> lands within the proposed boundaries of the Park may not be <br /> able to be acquired through negotiated purchase, the <br /> Department will consider the exercise of its power of <br /> eminent domain. <br /> (12) That any specific taking by eminent domain would be considered <br /> only when efforts for a negotiated purchase have failed despite <br /> due diligence by the Department to reach a settlement; or when <br /> title to the land in question is of such unmarketability that <br /> remedial title action would be impractical. <br /> (13) That the Mashpee Board of Selectmen will grant the Department <br /> eminent domain authority by appropriate vote for the purpose <br /> of acquistion of the proposed South Cape Beach State Park. <br /> (14) That as a result of . the proposed development of the Park, it <br /> may be necessary for the Department to acquire all municipally <br /> owned lands within the proposed boundaries of the Park. These <br /> lands include the existing town beach, a portion of Great Oak <br /> Road and other isolated parcels standing in the name of the <br /> Town of Mashpee. <br /> (15) That such acquisition of town owned lands would be in the <br /> form of land exchange in which the Town would received from <br /> the Commonwealth land of equal value adjacent to the existing <br /> I town beach. In conjunction with any exchange, the Department <br /> will make improvements to Great Oak Road, from its inter- <br /> section with Red Brook Road all the way to the Beach. In <br /> addition, the Department will assume costs associated with <br /> the relocation of the town beach, including the cost of a <br /> new access road, parking areas and necessary fencing and <br /> other essential improvements. Said town beach will be to the <br /> -3- <br />