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NOW, THEREFORE, in consideration of the terms and covenants contained in this agreement the parties agree as follows: 1. Description of Premises. The legal description of the Property to be used as the quarry is attached to this Agreement as Exhibit A and is anticipated to be approximately 48.9 acres in size with 23 acres subject to mineral extraction operations. There shall be a minimum setback from the perimeter of the Property as shown on Sheet "D" the approved plans where no mining will occur. 2. Use. The mineral extraction operations to be conducted on the Property shall include the removal of rock, gravel, sand, or any other minerals from the earth from •, excavating, stripping or eve ing. ese operations inc u•a reasonable accessory uses for mineral extraction, including, but not limited to, blasting, crushing, sorting, washing (with settling basins) stockpiling and sale of aggregate material. 3. Term. The initial term of the CUP granted by Dane County shall not exceed thirty(30)years. This Agreement shall commence on the date the CUP is issued by Dane County (the "Commencement Date") and shall continue in effect for a term of thirty (30) years, and shall be automatically renewed for succeeding ten (10) year terms so long as: (1) the CUP is in effect, (2) there is no uncured default existing at the time the CUP renewal is either applied for or is granted by Dane County, and (3) the Operator has not engaged in a flagrant or repeated violations of the terms of this Agreement or the CUP during the prior term. This Agreement shall be reviewed by the Town Board in conformance with the provisions of sections 10 of this Agreement to insure compliance with its terms. The Town Board is encouraged to review compliance with the terms of this Agreement at least every three (3)years. • - • • an icipa es . .- . . -. or appro . - .'rty (3 0) years, given rent market conditions. 4. Description of Operations. The quarry will be used to produce aggregate mineral products for various purposes, including, but not limited to, construction of buildings /f and roads. The quarry operations will consist of: (a) removing topsoil and overburden to form berms at the perimeter of the quarry for the purpose of noise reduction, landscaping and reclamation, (b) blasting to loosen rock from the quarry wall, (c) crushing of the rock into appropriately sized material to meet government and private contractor specifications, (d) washing crushed rock to meet those same specifications, (e) stockpiling the crushed rock and other aggregate in accordance with appropriate size and physical characteristics, (f) selling and hau ing t e crus e. roc an. aggrega e -rom e quarry site, and (g) related-activities. Equipment to be used in the quarry operations include earthmovers, bulldozers, loaders, crapers, trucks, rock drills, blasting equipment, conveyors, dewatering pumps, pri , 2