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JUL`3 0 '1993 RESTATED AGREEMENT RECEIVED ZONIL DIV This Restated Agreement is made and entered into this 'T day of July, 1993, by and between Madison Sand & Gravel Co. , Inc. , a Wisconsin corporation, having a principal office at 5349 Norway Grove School Road, DeForest, Wisconsin 53532 (hereinafter referred to as "Operator" ) , the Town of Vienna, a municipal corporation located in Dane County, wiscoiis n, at 5270 Norway Grove Road, DeForest, Wisconsin 53532 (hereinafter referred to as the "Town" ) , and Roger I. Kittleson and Liela J. Kittleson, 5125 CTH DM R#3, Arlington, Wisconsin 53911 (hereinafter referred to as "Owners" ) . RECITALS: WHEREAS, Owners own approximately 20 acres of land in Section 11 of the Town of Vienna, Dane County, Wisconsin (hereinafter referred to as the "Property" ) , which is subject to a Conditional Use Permit (hereinafter referred to as the "CUP" ) under Section 10 .123 (3) (i) of the Dane County Zoning Ordinance from Dane County, State of Wisconsin, to operate a mineral extraction operation in accordance with the Dane County's Zoning Ordinance; and WHEREAS, Operator has the right as lessee of the Property to extract mineral aggregate from the Property principally in connection with Operator's business as a supplier of sand and gravel, pursuant to the terms and conditions of the CUP, the ordinances of the Town of Vienna, and the Agreement between the parties dated October 20, 1987 (hereinafter referred to as the "1987 Agreement" ) ; and WHEREAS, Operator has applied to Dane County for an amendment of the CUP (hereinafter referred to as the "Amended CUP" ) to permit, among other things, excavation at a depth not to exceed twenty-five (25) feet below the water table and the formation of a spring-fed pond of approximately 3-5 acres in size to be located in the south ten (10) acres of the Property (hereinafter referred to as the "Pond" ) ; and WHEREAS, the Town desires to place certain conditions and restrictions on the mineral extraction operation as modified, and the parties are desirous of restating the terms and conditions of the 1987 Agreement to include said modifications in this Restated Agreement; and WHEREAS, the Town has determined that, if certain conditions and restrictions are placed on said use and operation, as modified, and, if the Operator complies with such conditions and restrictions, then thc nrd operation will be deemed not to substantially impair or diminish the uses, values, and