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DCPCUP-0000-01133
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CUPS 00001-02383
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DCPCUP-0000-01133
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Last modified
3/1/2016 2:01:25 PM
Creation date
3/1/2016 2:00:45 PM
Metadata
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Template:
Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
01133
Town
Westport Township
Section Numbers
4
AccelaLink
DCPCUP-0000-01133
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a <br /> shall negotiate with and pay to any person leasing Lots 32 and 33 <br /> for the growing of crops, such compensation as may be agreed upon <br /> for the loss of or damage to growing crops caused by Operators ' <br /> mining activity on this land. All mining activity on Lots 32 and <br /> 33 shall be subject to all of the time limitations and reclamation <br /> obligations specified in Section 3 above. <br /> c. Notice of Blasting. In addition to any other <br /> notices Operators may be required to provide to neighboring <br /> landowners or residents, or to the general public, Operators shall <br /> give Owners or their designated representative not less than seven <br /> (7) days ' prior written notice before conducting any blasting at <br /> any portion of the existing or expanded quarry sites covered by <br /> this Agreement. <br /> d. Grading Services and Gravel Requirements. <br /> Operators were engaged by Developer to furnish grading service and <br /> to supply all gravel needed for Phase I of the Waunakee Heights <br /> development. In partial consideration for Developer 's entering <br /> into this Agreement, Operators agree, if so requested by Developer, <br /> to furnish grading service and supply all gravel needed by <br /> Developer for the remaining Phases of the Waunakee Heights <br /> subdivision development on the following terms: <br /> (1) Grading. Operators shall provide grading <br /> services at no charge to the Developer or Owners, provided that <br /> Developer and Owners grant Operators the right to use all topsoil <br /> removed during grading for reclamation of the quarry site or for <br /> any other purpose, without charge therefor. <br /> (2) Gravel . Operators shall supply the <br /> requirements of Developer for gravel at an in-place price that is <br /> $ . 50 per square yard less than the then market rate for gravel of <br /> the same type, as determined by quotes from not less than three <br /> other possible suppliers. <br /> e. Satisfaction of Owners and Developer. The <br /> performance of Operators in meeting their obligations to provide <br /> safety fencing, berms during mining, and reclamation of the mined <br /> areas under Section 3 of this Agreement, and to furnish gravel, and <br /> clearing and grading services under this Section, shall be subject <br /> to inspection by, and the reasonable satisfaction and approval of, <br /> the professional engineers designated by Owners and Developer. <br /> Within 15 days after the engineers give them written notice, the <br /> Operators shall correct any discrepancies or deficiencies in their <br /> performance of such obligations. <br /> 5. SURETY FOR PERFORMANCE. To assure and secure <br /> performance of Operators ' obligations under this Agreement, <br /> Operators shall furnish a performance bond, standby Letter of <br /> Credit, or other form of security acceptable to Owners, in the <br /> amount of $100, 000, in favor of the Owners and Developer and their <br /> 4 <br />
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