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• • Agreement This agreement entered into on June 18, 1990 between Thomas Sutter, hereafter called property owner, and Mark Gilbertson, owner of Western Bridge Corporation , hereafter called tenant and the Town of Blue Mounds, Dane County, WI . 1. I, Thomas Sutter, am the owner of property at 10559 West Blue Mounds Rd. , Blue Mounds, WI, more particularly described as: Petition #4813: Part of the W SE I of Section 21, Town of Blue Mounds described as follows: Commencing at the South quarter corner of the said Section 21; thence N 01° 00' 58" East along the North-South quarter line 1462.78 feet; thence S 81° 26' 09" East 138.94 feet to the point of beginning; thence S 81° 26' 09" East 434.69 feet; thence S 30° 19' 02" West 294.96 feet; thence S 26° 20' 46" East 115.16 feet; thence S 50° 30' West along the centerline of CTH E 100.00 feet; thence along the centerline on a curve to the left of radius 478.34 feet and long chord of S 47° 21 ' 23" West 52.46 feet; thence N 46° 07' West 124.09 feet; thence N 32° 08' West 302.26 feet; thence N 10° 40' 55" East 182.90 feet to the point of beginning. 2. Property owner 's premises above described rock quarry are pro- posed to be used for equipment storage by Mark Gilbertson, Western Bridge Corp. 3. The quarry and land surrounding it are currently zoned A-1, agriculture district. 4. Dane County has notified the property owner that the site must be rezoned to C-2, commercial district, in order to permit the use of the quarry for equipment storage. a. Owner has applied for a change in zoning from A-1 to C-2 for the quarry. 6. The machinery listed in a letter dated May 2, 1990 by Western Bridge Corp. to Tom Sutter shall be the equipment stored in the quarry from time to time with a maximum limit of 25 pieces of machinery. 7. No storage of petroleum of chemicals will be permitted. [VJL 2 1990 8. The quarry is not to be used as a junkyard for old and aban- IPA doned vehicles or equipment. Z0 ii<vG Dij. 9. The township approves the proposed plans for an improved driveway. 10. The Town of Blue Mounds has considered the zoning change and will approve such change only if the owner and tenant agree that this lease will be only for a 5 year period. If the town finds or determines that at anytime during this period that the use of said quarry has been undesirable or not as agreed under this agreement that the town Will request the owner to file an application to rezone from C-2 commercial to A-1 Ag exclusive. 11. In consideration of item 10 of the agreement the parties agree that should the township determine that the quarry is not being used as agreed, the property owner will file a petition at pro- perty owner 's expense requesting that the owner 's quarry be rezoned to Ag-1 and shall follow the rezoning process through to a successful conclusion. This procedure shall begin within 60 days of the owner receiving a written statement from the Town of Blue Mounds. 12. Property owner will rent the quarry only to Western Bridge Corp. while this agreement is in effect. (1)