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• AGREEMENT THIS AGREEMENT is made as of Januanq 23 , 1990, by and between Harold M. Ziegler and Calvin R. Ziegler, 4858 Canter Drive, Madison, Wisconsin 53704 ( "the Zieglers" ) , and the TOWN OF BURKE, a municipal corporation, 4016 East Washington Avenue, Madison, Wisconsin 53704 ( "Burke" ) . RECITALS WHEREAS, the Zieglers have filed an Application for Conditional Use Permit No. 788 ( "CUP 788" ) and have proposed to operate a limestone and sandstone quarry in the Town of Burke on the property located at 5067 Reiner Road, Madison, Wisconsin, and legally described on attached Exhibit A ( "Property" ) ; the Zieglers and Burke are mutually concerned about the conditions and requirements for proposed operation of such quarry on the Property and desire to enter into this Agreement relating to such conditions and requirements. NOW, THEREFORE, in consideration of Burke ' s approval of CUP 788 and the following terms, covenants and conditions, the parties agree as follows: 1 . Term. The term of this Agreement shall commence on the date on which the Zieglers receive a final, nonappealable order from the Agriculture, Environment & Land Records Committee of Dane County granting and issuing CUP 788 or on or before June 1, 1990, whichever is the later, and the term shall continue for five ( 5) years or the term of CUP 788, whichever is the longer , unless sooner terminated in accordance with the provisions of this Agreement. In the events that the conditional use permit is not granted, or the conditional use permit is revoked for any reason, either party may terminate this Agreement . The term of this Agreement shall be automatically extended for the period(s) of any renewal conditional use permit (s) granted to the Zieglers relating to the operation of the quarry on the Property upon the same terms and conditions as herein provided. So long as the Zieglers are not in default upon any terms of this Agreement, Burke agrees to consider a renewal of the conditional use permit application by the Zieglers pertaining to the operation of the quarry. The parties agree that the Zieglers retain the right at any time to cease quarrying operations on the Property. Except as otherwise specifically provided herein, in the event the Zieglers cease quarrying operations on the Property, all of the Ziegler ' s obligations under this Agreement shall continue, including proper reclamation of the Property.