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SENT BY:AXLEY BRYNELSON ; 5-24-94 ; 14: 19 , 6082575444-0 608 849 562843 <br /> NOW, THEREFORE, for and in consideration of the mutual <br /> covenants contained herein and other good and valuable <br /> consideration moving from each party to the other it is hereby <br /> agreed as follows: <br /> 1. Recitals. The recitals hereto are hereby incorporated by <br /> reference. <br /> 2 . r 1 0 . Subject to the terms and <br /> conditions hereof, the Village agrees to notify the Dane County <br /> Zoning and Natural Resources Committee (the "Committee") that it <br /> withdraws its objections to the rezoning request and conditional <br /> use issuance for the Expansion Area. In so notifying the <br /> Committee, the Village shall request that any conditional use <br /> permit issued for the site must incorporate the terms and <br /> provisions of this Agreement; and the Operator agrees to such <br /> request. Under no circumstances shall the Operator accept any <br /> conditional use permit for the site nor conduct any quarrying <br /> operations thereon unless the terms and provisions hereof are so <br /> incorporated therein. <br /> 3 . Conditions. In requesting the issuance of Conditional <br /> Use Permit (No. 1133) , the Operator shall request that the <br /> Committee issue the permit subject to the following conditions: <br /> a. The length of the permit shall not exceed ninety <br /> (90) consecutive days. <br /> b. At least seven (7) days prior to any blasting <br /> within the Gravel Pit, the Operator shall give <br /> notice to all residents and property owners located <br /> within a radius of 500 feet of the proposed <br /> blasting site, advising said persons of the <br /> anticipated date of blasting, the times thereof and <br /> the duration thereof. <br /> C. Presently, a portion of the quarry operations is <br /> fenced. The Operator shall clear all existing <br /> fence lines of debris, shrubs and trees so as to <br /> clearly identify the fence. All fences shall be <br /> appropriately maintained. Prior to the <br /> commencement of any quarrying operations upon the <br /> Expansion Area. The Operator shall construct a <br /> fence, not less than six fee in height, along the <br /> western and southern boundaries of the quarry <br /> operations, at the locations shown on Exhibit A <br /> attached hereto and incorporated herein. <br /> d. Mining and excavation in the Expansion Area shall <br /> be restricted as follows: <br /> 2 <br />