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DCPCUP-0000-01084
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DCPCUP-0000-01084
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Last modified
3/28/2016 9:58:11 AM
Creation date
3/28/2016 9:51:25 AM
Metadata
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Template:
Rezone/CUP
Rezone/CUP - Type
CUP
Petition Number
01084
Town
Vienna Township
Section Numbers
11
AccelaLink
DCPCUP-0000-01084
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established in the future by the Town Board in its sole discretion. <br /> The Quarry Advisory Committee, when and if created, shall advise <br /> the Town Board regarding issues which may arise during the term of <br /> this Restated Agreement . The Quarry Advisory Committee will <br /> consist of the Town Engineer, one (1) representative from the <br /> property owners or neighboring residents within the Affected Area, <br /> and one (1) representative of Operator. The Town Board will select <br /> the members of the Committee, except for the Operator <br /> representative. The function of the Quarry Advisory Committee is <br /> to prepare and make recommendations to the Town Board for: <br /> community relations, berm maintenance, the type of gate to the <br /> quarry haul road, complaints by area residents concerning quarry <br /> impacts and for initial consideration and recommendations <br /> concerning other aspects of quarry operations as they may arise <br /> from time to time during the term of this Restated Agreement . In <br /> addition, if the Quarry Advisory Committee believes that there has <br /> been a violation of any material term of this Agreement, then in <br /> such event, it shall give written notice of such violation to the <br /> Town Clerk and thereafter the Town Clerk shall request the Quarry <br /> Advisory Committee to investigate and make a report back to the <br /> Town Board within two (2) weeks . The Town Board may act on such <br /> report as it sees fit; and further, if the Town Board determines <br /> that there has been noncompliance with the provisions of this <br /> Agreement, then the Town Board may proceed with enforcement as set <br /> forth in section 10, below. Operator shall reimburse the Town for <br /> the reasonable expenses of the Quarry Advisory Committee and for <br /> the time of the Town Engineer. <br /> 10 . Enforcement . The Town shall have the right to enforce <br /> this Restated Agreement by the commencement of an action in the <br /> Dane County Circuit Court . Prior to commencing such action, the <br /> Town Board agrees to give Operator fifteen (15) days' advance <br /> written notice of any alleged default under this Restated <br /> Agreement, and the Operator shall have the right to cure such <br /> alleged default within such fifteen (15) day period, or within such <br /> other periods of time as the parties may mutually agree. <br /> Substantial efforts by Operator which will result in a total cure <br /> within a reasonably foreseeable period of time shall be deemed a <br /> cure for purposes of this section 10 . If the alleged default is <br /> not cured, the parties agree that the Town Board will be entitled <br /> to seek such equitable or other relief as it may deem appropriate, <br /> including, but not limited to, its actual costs and attorney' s <br /> fees . This section is solely for the benefit of the parties to <br /> this Restated Agreement . <br /> 11 . Right of Inspection. Owners and the Town Board, together <br /> or separately, shall have the right to periodically inspect the <br /> Property during normal business hours upon reasonable advance <br /> notice to Operator. Such inspection will not disrupt quarry <br /> operations and all safety procedures specified by Operator shall be <br /> -6- <br />
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