07/08/2019 BOARD OF SELECTMEN Agenda Packet

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to afford public access to the Parsonage 'in consideration of the commitment of Town funds to its preservation., 5. Accordingly, in fulfillmentof the express conditions of the CPC recommendation and Town Meeting vote appropriating the subject $400,000.00 in CPA Funds for the Project, the Parties, agree as follows. AGREEMENT 1. The Parties hereby agree that the Town shall release the $400,000n CPA Funding for the, Project in installments according to the following schedule: Date/Milestone Event Amount of Funds Released 2. Forthwith upon execution of this MOU, the flown shall prepare and the Tribe shall undertake all steps, necessary to implement the execution and recording at the Barnstable County Registry of Deeds of a permanent Preservati,on Restriction on the Parsonage property, pursuant to and in accordance with the provisions of G.L. c. 184, §§31-33. Said Preservation Restriction shall restrict use of the subject property to its present use and preserve its intrinsic values through any subsequent ownership by restricting the demolition or alteration of its significant historic features. The Preservation Restriction shall run,with the land and shall be enforceable by the Town. To the extent, if any, that, said Preservation Restriction must be approved or authorized by the United States, or any officer, department or agency thereof, the Tribe shall undertake all such actions as, may be necessary to secure such approval(s) and/or authorizations. 3. As provided in the CPC recommendation and Town Meeting appropriation votes,the Parties acknowledge that release of the subject CPA Funds by the Town is subject to the recording of the Preservation Restriction. 0 sideration of the commof Mashpee CPA Funds to the project,4. Further� in consi 1 commitment oJect, the Parties hereby agree that, upon completion of the Project, the Tribe shall provide access to the Parsonage by memrbers of the general public for a minimum 0I days or events per calendar year. 5 The Tribe hereby agrees to waive al i -iy clam or defense of sovereign immunity and to. subject itself to the laws of the Commonwealth of Massachusetts solely for purposes of implementing the provisions of this MOO and securing the Preservation Restriction referenced in paragraph 2, above.