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WHEREAS, it is the primary purpose of this Agree- then, in such case, "DEM" and the "Town" shall
<br /> nient to establish the guidelines for the development of expeditiously initiate such steps as are required to
<br /> the "Park" pending a decision by the "Town" as to its finalize the land Exchanges referred to in
<br /> preference. Paragraphs #14 and#15 of Amended Agreement.
<br /> NOW, THEREFORE, for good and valuable con- 8. During the pendency of this Agreement"DEM"
<br /> sideration, the parties agree as follows: shall provide daily access, free of charge for a
<br /> minimum of ten (10) Town Residents during the
<br /> 1. I'DEM" shall, promptly upon execution of this summer operating season.
<br /> Agreement, initiate the necessary steps to pursue
<br /> construction as presently designed of the portion 9. In the event that the "Town" declines to accept
<br /> of the property shown in Appendix C, Figure 2 of "Town Beach Facility"and to authorize the transfer
<br /> the Final Environmental Impact Report (FEIR), of interests in land, as aforesaid, and the present
<br /> referred to as"Town Beach Facility"and shall com- Town Beach Parking Area is destroyed by natural
<br /> plete same no later than December 31, 1991. causes, "DEM" agress it will, in good faith,
<br /> negotiate with the"Town"with a view towards pro-
<br /> 2."DEM"upon the completion of the"Town Beach viding access and parking to Town Residents.
<br /> Facility"shall operate same as a State Public Area,
<br /> subject, however, to the provisions of Paragraph 10. "DEM"agrees it will, prior to the execution of
<br /> #3 hereof. this Agreement, request an extension to December
<br /> 31, 1995 of the existing Bond which has been
<br /> 3. At any time prior to December 31, 1995, the designated to be used for the construction and im-
<br /> "Town" shall have the unconditional option, as provement of South Cape Beach State Park, in ac-
<br /> voted upon at a Town Meeting, to elect to accept cordance with the Design Plans of the Final En-
<br /> the said"Town Beach Facility"and to proceed with vironmental Impact Report.
<br /> and finalize the specific land exchanges with"DEM"
<br /> provided in Paragraphs#14 and#15 of"Amended 11. During the course of this Agreement, "DEM"
<br /> Agreement"of 198 1,as further described in Chapter will construct passive use trails and access ways
<br /> 287 of the Acts of 1982. through its property as depicted in EOEA#4817 for
<br /> Environmental and Recreational use, but shall not
<br /> 4. In the event that the "Town" does not exercise be obliged to engage in development of other
<br /> said option prior to December 31, 1995 or in the amenities, as depicted in EOEA #4817, excepting
<br /> event that the"Town"does exercise said option but therefrom the provisions of Paragraph #11 of
<br /> it is not approved or accepted by the appropriate Amended Agreement of June 1981.
<br /> vote at Town Meeting, then in either of such cases
<br /> the "Town" and "DEM" shall continue to retain 12. "DEM" will, as expeditiously as possible, per-
<br /> their respective property interests as they exist as form and complete all its promises and respon-
<br /> of the date of execution of this Agreement and the sibilities set forth in Paragraph #17 of Amended
<br /> provisions of Paragraphs 14 and 15 of Amended Agreement of June 1981, including the improve-
<br /> Agreement, solely as they relate to "Land Ex- ment of an access road to the ten(10)acres site on
<br /> changes" shall be deemed to be waived. However, Great River, Waquoit Bay, and apply for funding
<br /> the obligation of "DEM" to improve Great Oak necessary to implement the provisions of said
<br /> Road as provided in said Paragraph 15, as well as Paragraph #17.
<br /> all other provisions of said Amended Agreement of
<br /> June, 1981, shall remain in full force and effect. 13. No transfer of any interest in land shall occur
<br /> The execution of this Agreement satisfies conditions between the parties until"DEM"has allotted funds
<br /> precedent to the Agreement between the parties for reasonably sufficient to construct the remaining im-
<br /> the funding of improvements to Great Oak Road provements as designed.
<br /> in an amount of $620,000.
<br /> 14. "DEM"shall not cause any impediments to the
<br /> 5.Should"DEM"fail to construct the"Town Beach "Town's" access ways or facilities, and will allow
<br /> Facility" referred to in Paragraph #1 above, prior the"Town"shared use of existing"DEM"parking
<br /> to December 31, 1991, the period of time referred facilities as long as the "Town" retains ownership
<br /> to in Paragraphs 3 and 4 above will be correspon- of the present Town Beach parking lot.
<br /> dingly extended for each month of delay thereafter
<br /> in completion of the Facility. 15. "DEM" may construct an excess parking area
<br /> as depicted in EOEA #4817; it being understood
<br /> 6.In the event"DEM"fails to complete the"Town and agreed that in no event shall the parking
<br /> Beach Facility"on or before June 1, 1992,then this facilities of the State ("DEM") exceed 400 spaces,
<br /> Agreement, at the exclusive option of the"Town", as specifically provided in Paragraph#5 of Amend-
<br /> may be forthwith terminated by written notice to ed Agreement dated June of 1981.
<br /> "DEM".
<br /> 16. In the event damage or erosion to the existing
<br /> 7. In the event that the"Town"during the Option
<br /> Period,votes to accept the"Town Beach Facility",
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