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5. Conditions and Restrictions. The Zieglers agree that the conditions and restrictions set forth in attached Exhibit B are specifically made applicable to CUP 788 which the Zieglers are required to obtain under Dane County ordinances. The restrictions set forth in attached Exhibit B shall run with the Property, be binding upon the Zieglers and their assigns, heirs and successors, and be enforceable by Burke. The Zieglers shall deliver to Burke a recordable Agreement Restricting Property in the form of attached Exhibit C. 6. Payments. As part of CUP 788, the Zieglers agree to pay to the Town of Burke a minimum fixed annual amount , payable in quarterly installments, for which amount the Zieglers will receive a credit towards amounts due to Burke for and on account of the variable annual amount due to Burke under this Agreement. The minimum fixed annual amount is as set forth below opposite the year indicated: Year Minimum Fixed Annual Amount 1 $3 , 000 2 $4 , 000 3 $5, 000 4 $6 , 000 Each year thereafter $6, 000 �-> For purposes of this Agreement, a "year" shall mean a period of twelve (12) consecutive calendar months, with the first full year commencing on the commencement date of this Agreement . The Zieglers agree to pay to Burke an annual variable amount determined by multiplying twenty ( 20) cents per cubic yard of all limestone, sandstone, sand or gravel extracted from the CUP area and sold by the Zieglers per year . On or before the forty-fifth day following each year during the term and on the last day of the term, the Zieglers shall mail to Burke a statement, certified to by the Zieglers, showing cubic yards of all limestone, sandstone, sand or gravel extracted from the CUP area and sold by the Zieglers in the year last preceding the due date of such statement, together with any additional amount due. Burke agrees to hold in confidence all sales information furnished by applicants. If, at the end of any year, the minimum fixed annual amount paid by the Zieglers exceeds the annual variable amount required to be paid by the Zieglers for the year , the excess shall be retained by Burke. The Zieglers shall keep accurate records in sufficient detail to permit Burke to determine the amounts payable to Burke hereunder and, at the request and expense of Burke, shall permit Burke or its representatives to have access, during business 3 � _J