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• <br /> DEVELOPMENT AGREEMENT <br /> BY THIS AGREEMENT, made this 26th day of January, 1993 , <br /> Frank Raemisch and F. H. Raemisch & Sons <br /> corporation (together, the "Operators" Inc. , a Wisconsid <br /> James Palmquist (together, the "Owners") , and Caldwell and <br /> Properties, Inc. , a Wisconsin Corporation, (the "Developer") , agree <br /> as follows: agree <br /> 1. RECITALS. Operators presently own and operate a <br /> gravel quarry in the Town of Westport, Dane County, Wisconsin at <br /> the site identified as "Gravel Pit" in the map attached as Exhibit <br /> A. Together with Ed Endres ("Endres") , the owner of the parcel of <br /> land immediately to the south of the Gravel Pit, Operators have <br /> applied to the Zoning and Natural Resources Committee of the Dane <br /> County Board for a Conditional Use Permit (the "Permit") to allow <br /> the expansion of Operators ' gravel quarrying operations to an <br /> adjacent 6-Acre portion of the Endres parcel identified on Exhibit <br /> A as "Proposed Quarry Expansion Area, " (the "Endres Expansion" <br /> Owners and Developer own and are developing ) � <br /> subdivision in the Village of Waunakee known asl"WaunakeesHeights" <br /> (identified as the "Caldwell Palmquist" parcel on Exhibit A) <br /> immediately to the west of the Endres Expansion, and have <br /> registered their opposition to the grant of the Permit, unless <br /> certain conditions and limitations are imposed. <br /> In addition to the private agreements among <br /> themselves, this Agreement is intended to set forth conditions and a <br /> limitations that the parties agree to add to the application for <br /> the Permit, all of which shall be enforceable by appropriate <br /> authorities as conditions and covenants of the Permit, and public <br /> shall be legally and specifically enforceable as terms of a private <br /> contract between themselves. In consideration of Operators ' <br /> entering into, and Endres ' consent to, this Agreement and its <br /> conditions, Owners and Developer shall withdraw their opposition <br /> to, and register their support for, the grant of the Permit. <br /> 2 . EXTENSION OF THE QUARRY TO RIPP PARCEL. Operators <br /> shall use their best efforts to acquire title to or the right to <br /> quarry the easternmost 200 feet of the Jerry Ripp property <br /> immediately north of Waunakee Heights, and adjacent to the western <br /> edge of present Gravel Pit, which parcel is identified on Exhibit <br /> A as "Additional Quarry Expansion to Allow Reclamation of West Side <br /> of Quarry, " (the "Ripp Expansion") . Owners and Developer will <br /> agree to and support the extension of the Permit to include gravel <br /> mining on the Ripp Expansion, subject to the other terms and <br /> provisions of this Agreement, provided that Jerry Ripp shall also <br /> agree, either: <br /> a . Sale of Land.his land shown on Exhibit A which Tissbou bounded on thehoupthtbon he <br /> by the <br /> 1 <br /> APR 0 71994 <br /> RECEIVED <br /> ZONING U% . <br />