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t f, <br /> LOUISON, COSTELLO, CONDON & PFAFF, LLP <br /> Ms. Joyce M. Mason <br /> Town Manager <br /> August 13, 2009 <br /> Page 6 <br /> As a final note, the language within the proposed Article relative to bonds and notes to be <br /> "repaid with funds from the Land Bank Fund established by the Town under the provisions of <br /> Chapter 293 of the Acts of 1998 (An Act Relative to the Establishment of the Cape Cod Open <br /> Space Land Acquisition Program)"is a condition of questionable enforceability. First, the <br /> existence of sufficient funds in that designated account to pay the proposed borrowing costs must „ o <br /> be examined. Second, the determination of allocation of said funds for this particular purpose <br /> (whether by the Community Preservation Committee or such other authority with jurisdiction <br /> over said funds) would be a prerequisite to the commitment or appropriation of any such funds <br /> for this purpose. V tit's' <br /> Please feel free to contact me with any further questions or comments in this regard. <br /> Vffy truly yours, <br /> VPtarick J. Costel o <br /> PJC/tap <br /> II <br /> 'II <br /> b I <br /> I <br /> R,lt il� <br /> I lid �p <br /> , a <br /> �p <br />