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TOWN OF BURKE <br /> DANE COUNTY. WISCONSIN <br /> OFFICE AT <br /> 4016 EAST WASHINGTON AVENUE <br /> MADISON, WISCONSIN 53704 <br /> 244.1365 - 244.1366 <br /> MAY ? 1 199 <br /> May 25, 1993 Z®NeNG mV <br /> Dane County Agriculture, Environmental <br /> and Land Records Committee <br /> Attn. : Bill Fleck and Korb Scribner <br /> 210 Martin Luther King, Jr. Blvd. <br /> Madison, WI 53709 <br /> Re: Conditional Use Permit Application No. 1066 <br /> Gentlemen: <br /> The Town of Burke ("Town") , Harold M. Ziegler and Calvin R. <br /> Ziegler (the "Zieglers") and Browning Ferris Industries of <br /> Wisconsin, Inc. ("BFI") have been negotiating an Agreement <br /> relative to the extraction of clay within the Town. As of <br /> this date, we have reached agreement on all essentials of the <br /> draft Contract. However, the draft Contract is not in final <br /> form at this time nor has it been executed by any of the <br /> parties. <br /> The Town Board will be meeting on Wednesday, June 2, 1993, to <br /> approve the final draft document. It is anticipated that the <br /> Town Board would then sign the document as of that date. <br /> Accordingly, we wish to advise that if the County determines <br /> to issue the Conditional Use Permit No. 1066, that the <br /> issuance of the permit be made expressly conditioned upon the <br /> Applicants (Zieglers and BFI) entering into the proposed Clay <br /> Extraction Agreement with the Town. If Zieglers and/or BFI <br /> fail to execute such an Agreement, then in such event the <br /> Conditional Use Permit should be invalid and unenforceable. <br /> Accordingly, we request that the foregoing provision be <br /> incorporated into the Permit itself, assuming the Committee <br /> determines to issue the Permit. Thank you. <br /> Very truly yours, <br /> Darlyefle Bedker <br /> Town Clerk-Treasurer <br /> cc: Timm Speerschneider <br /> Timothy Fenner <br /> 0:779Vdf\93052509.20 <br />