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In the event that Lots 32 and 33 of Waunakee Heights <br /> have not been sold and further the Operator needs additional time <br /> X to complete reclamation within the existing quarry, the parties <br /> hereto agree upon request of the Operator to discuss extending the <br /> time for quarry operations in order to complete the reclamation <br /> activities. Such extension of time, if mutually agreeable, will be <br /> for a period of time not to exceed six (6) months. <br /> d. Safety. During the continuation of quarry <br /> operations at any of these sites, and until reclamation of the <br /> sites is completed, Operators shall construct and maintain <br /> temporary construction fencing around the entire periphery of the <br /> quarry site. If the Ripp Expansion is not acquired, or is not <br /> mined and reclaimed, Operators shall construct and maintain a <br /> permanent eight-foot high woven wire 'fence along the western edge <br /> of the existing quarry. <br /> e. Reclamation. Immediately following conclusion <br /> of mining in the Endres and Ripp Expansion areas, Operators shall <br /> Xreclaim the areas by grading them to slopes no steeper than 3 to 1, <br /> and shall fully seed the reclaimed slopes. The reclamation of <br /> these areas shall be completed by September 15, 1993 . In addition, <br /> before conducting quarrying operations on the Endres and Ripp <br /> Expansions, and until completion thereof, Operators shall construct <br /> and maintain a temporary berm of removed topsoil, of the height of <br /> approximately eight feet, in the locations on the Endres Expansion <br /> and on lots 32 and 33 of Waunakee Heights shown in Exhibit B <br /> attached. The berms shall be removed and the berm material shall <br /> be used in the reclamation grading process. <br /> 4 . ADDITIONAL COVENANTS. In addition to the foregoing <br /> provisions which shall be conditions and requirements of the <br /> Permit, enforceable by governmental authorities and any interested <br /> party, Operators also make the following covenants which shall be <br /> enforceable by Owners and Developer, and their successors and <br /> assigns, including without limitation, purchasers and owners of <br /> Lots in Waunakee Heights: <br /> a. Clearing of Fence Line. At no cost to Owners <br /> or Developer, Operators shall clear out the area on both sides of <br /> the fence line presently running along the eastern boundary of <br /> Waunakee Heights. These services shall include removal of the <br /> existing fence, scrub trees, shrubs and loose rocks, all to the <br /> reasonable satisfaction of Developer. <br /> b. Mining of Lots 32 and 33 . To facilitate a more <br /> gradual sloping in the reclamation of the Endres and Ripp <br /> Expansions, Operators shall also excavate and mine rock from the <br /> rear portion of Lots 32 and 33 of Waunakee Heights, northeast of <br /> the berm shown on Exhibit B. For all rock removed, Operators shall <br /> pay Owners a flat fee of $3000, due upon Owners ' execution of this <br /> Agreement. In addition, Operators shall be responsible for, and <br /> 3 <br />