Laserfiche WebLink
successors and assigns, any of which shall be entitled to enforce <br /> its terms and secure indemnity thereunder. Operators shall furnish <br /> Owners evidence of such surety arrangement before commencing any <br /> mining activity on the Endres or Ripp Expansions, or on Lots 32 and <br /> 33 , and shall keep it in force until December 31, 1996, or the <br /> satisfactory completion of all of Operators ' covenants and <br /> obligations under this Agreement, whichever is later. <br /> 6. CONSENT TO RECLAMATION ACTION. By their consent to <br /> and approval of this Agreement, Ed Endres and Jerry Ripp, on behalf <br /> of themselves and their successors and assigns, irrevocably agree <br /> that Operators, or upon their failure to do so, any other persons <br /> designated by Owners, may enter upon the Endres Expansion and the <br /> Ripp Expansion, and perform and complete thereon all grading and <br /> other reclamation activity necessary to repair the effect of mining <br /> conducted thereon pursuant to this Agreement. By their consent <br /> and approval, Endres and Ripp do not assume any other obligations <br /> under this Agreement. <br /> 7. CONSENT OF JERRY RIPP. The parties agree to <br /> continue to use their best efforts to secure the consent and <br /> agreement of Jerry Ripp to the extension of the quarry to the Ripp <br /> parcel . In the event the parties do not receive such permission or <br /> consent, the parties nonetheless agree to be bound to the other <br /> terms and provisions of this Agreement except that: <br /> a. No expansion of the quarry to the Ripp parcel <br /> will occur; <br /> b. No blasting, mining or other quarry activities <br /> will be permitted or occur on Lots 32 and 33 ; <br /> c. The permanent eight-foot high woven wire fence <br /> to be constructed by Operators as required in <br /> Section 3 (d) above shall be extended one <br /> hundred (100) feet south along the east lot <br /> line of Lot 33 ; and <br /> d. The Operators agree to construct a permanent <br /> berm of removed top soil to a height of <br /> approximately eight (8) feet along the east <br /> lot line of Lot 33 and the north lot line of <br /> Lot 32 as shown in Exhibit C attached. <br /> If, subsequent to the execution of this Agreement, the <br /> owner of the Ripp expansion property consents to the activities <br /> described in this Agreement, the Operators shall file an <br /> application with the Zoning and Natural Resources Committee of the <br /> Dane County Board for a conditional use permit to allow Operator to <br /> expand the quarry operations into the Ripp expansion upon the terms <br /> and conditions set forth in Paragraphs 2, 3 , 4 and 5 above. The <br /> 5 <br />