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AGREEMENT <br /> This Agreement is made this 1P-1-- day of <br /> 74,1(C/ 1998, by and between J & H OF <br /> WISCONSIN, INC., W1449 Alpine Road, Brooklyn, <br /> Wisconsin 53521 ("J & H"), and the TOWN OF <br /> BLOOMING GROVE, a municipal corporation, 1800 S. <br /> Stoughton Road, Madison, Dane County, Wisconsin 53716 <br /> ("Blooming Grove"). <br /> Return to: <br /> Town Clerk <br /> RECITALS Town of Blooming Grove <br /> 1880 S. Stoughton Road <br /> Madison, WI 53716 <br /> WHEREAS J & H has been removing minerals(clay, <br /> topsoil, clean fill) from property located in Blooming Parcel Identification No. <br /> Grove, the location of which is more particularly described 04-0710-011-9000-4 <br /> in Exhibit A, attached hereto and incorporated herein (the <br /> "Property"); and <br /> WHEREAS, Dane County rezoned the Property and issued Conditional Use Permit <br /> No. 1102 ("CUP 1102") to allow J & H to remove the minerals; and <br /> WHEREAS, J & H has filed an application with Dane County to amend CUP 1102 <br /> by extending the expiration date for the removal of minerals from the Property from <br /> December 28, 1998 to December 7, 2001; and <br /> WHEREAS, if the expiration date is extended, CUP 1102 will be renumbered by <br /> Dane County to CUP 1478; and <br /> WHEREAS, the Blooming Grove Town Board has recommended that CUP 1478 <br /> be approved, subject to the condition that J & H and Blooming Grove execute an <br /> agreement regarding the removal of the minerals in a form approved by the Town <br /> Attorney. <br /> NOW THEREFORE, in consideration of the Blooming Grove Town Board's <br /> recommendation and the following terms, covenants and conditions, the parties agree as <br /> follows: <br /> H:\WIP\9531\34\AG.CB H <br /> 0310981719 1 <br />