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AGREEMENT This Agreement is made and entered into this n day of August, 1995, by and between Payne & Dolan, Inc., a domestic corporation awing a principal office at 6295 Lacy Road, Verona, Wisconsin 53531 (hereinafter referred to as "Operator"), the Town of Oregon, a municipal corporation located in Dane County, Wisconsin, at 1138 Union Road, Oregon, Wisconsin 53575-2742 (hereinafter referred to as the "Town"), and Lyman F. Anderson, 875 Union Road, Oregon, Wisconsin 53575 (hereinafter referred to as "Anderson"). RECITALS: WHEREAS, the Town Board of the Town of Oregon, Dane County, Wisconsin, has received an application from Payne & Dolan, Inc. for a Conditional Use Permit " one under Section 10.123(3)(i) of the Dane County Zoning Ordinance to operate quarry principally in connection with Operator's business as an aggregate producer and asphalt contractor in accordance with the Dane County's Zoning Ordinance and the duly adopted ordinances of the Town of Oregon and the terms of this Agreement; and WHEREAS, Operator and Anderson are the owners or lessees of certain lands in Section 13 and 24 of the Town of Oregon, Dane County; Wisconsin, described in Exhibit A artached to this Agreement (collectively the "Property"); and WHEREAS, Operator has the right as lessee of the Property to extract mineral aggregate from the Property, provided that, prior to commencing the extraction operation, Operator secures a CUP for the mineral extraction operation from Dane County, State of Wisconsin; and WHEREAS, the Town desires to place certain conditions and restrictions on the mineral extraction operation; and WHEREAS, the Town has determined that if certain conditions and restrictions are placed on said proposed use and operation and if the Operator complies witsubstantially conitions and restrictions, then the proposed use and operation will be deemed not to impair or diminish the uses, values, and enjoyment of other safety, comfort,neighborhood o a dl the community or be detrimental to or endanger the public health welfare of the community within the meaning of the County's Zoning Ordinance; and WHEREAS, the Town Board finds that the proposed use is consistent with agricultural use pursuant to Section 91.75(5) of the Wisconsin Statutes;