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SECOND MEMORANDUM OF AGREEMENT This agreement is made and entered into this ::.Al~ day of JJ~1 . 2007 by and between the Town of Madison (the ''Town'') and the City of Fitchburg (the "City"). RECITALS WHEREAS, the Town and the City entered into a Memorandum of Agreement approved by the City on September 27,2005 and by the Town on September 23,2005 (the "First Memorandum of Agreement"); and WHEREAS, at the time the First Memorandum of Agreement was approved, it was agreed that the Town would create a Comprehensive Development Plan (CDP) for Tax Incremental District No. I (subsequently approved as Tax Incremental District No.2), Town of Madison, Wisconsin (the "District"); and WHEREAS, it was detenninedthat preparing a CDP for the entire District is impractical; and WHEREAS, the Town desires to create a CDP for the area known as the Town of Madison portion of the Novation Campus, as identified in the map hereto attached as Exhibit A (the "Novation Campus COP"); and WHEREAS, the City desires to have a neighborhood plan for the entire Southdale area, as identified in the map hereto attached as Exhibit B (the "Southdale Neighborhood Plan"); and WHEREAS, the Novation Campus COP and the Southdale Neighborhood Plan shall be two separate and distinct documents; and WHEREAS, an agreement has been reached between the Town and the City, which will accomplish both of these goals; and WHEREAS, the First Memorandum of Agreement remains in fun force and effect. NOW, THEREFORE, in consideration of the foregoing recitations and the mutual promises and covenants contained in this agreement, the parties agree as follows: 1. In collaboration with City staff, the Town shall continue its work to complete the Novation Campus CDP. The Novation Campus COP shall satisfy the requirements set forth in Section 15.07 of the City's ordinances. 2. The Town will cause the Southdale Neighborhood Plan to be completed. The following shall be done to accomplish this goal: a. There shall be two (2) additional neighborhood meetings, of a similar format to the meeting of September 10, 2007. These meetings shall incorporate multimedia presentations, breakout sessions, and an interactive summation of comments received and issues discussed. At each meeting, the consultant will provide an overview of the comments received at the last meeting, a summary indicating whether or not the comments were incorporated in the plan, and, if not, an explanation of why. The consultant will also highlight changes from the prior version of the plan at both meetings. i. The first additional meeting shall: o Present the Southdale Neighborhood Plan as updated to incorporate comments from the September 10, 2007 meeting 2nd MOA Page I