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• , 1 YAHARA MATERIALS, INC. 4 6117 C.T.H. "K"/ROUTE 1 11'AUJNAKEE, WISCONSIN 53597/PHONE 608-849-4162 AN EQUAL OPPORTUNITY EMPLOYER AGR f ENT THIS AGREEMENT, Made this A. - / - ,17" 17 , by and between Cyril J. Statz and Barbara J. State, his wife, of 61 .16 Meffert aced Waunakee, Wisconsin 53597, hereinafter called first Parties; and lahara Materials, inc., a Wisconsin Corporation, of 6117 GTE "K", Waunakee, eisccnsin 53597, herinafter called Second Party: wITNE&ETHt For and in consideration of the covenants hereinafter set forth, it is mutually agreed by the parties hereto as follows: 1. First Parties hereby grant to the Second Party, for a period of two (2) years from the date of this agreement, the exclusive rigit to enter upon the existing pit and the immediate area about the pit, consisting of aperexi.mately six acres located in the northeast corner of the .northwest i/4 of Section 24, in the Town of Springfield, Dane County, Wisconsin, hereinafter termed pit; and remove the gravel and sand, hereinafter called material. 20 Second Party agrees to furnish all labor and machinery necessary to remove said material from said pit and to pay to First, rarties the sum of `Tt cubic yard for each cubic yard of material so removed from said pit.+ ayment for materials so removed shall be made every thirty days. 3. Second Party shall keep adequate and complete records of any and all materials removed and said. records shall be available for examination by First Parties at all reasonable times. Material removed shall be recorded by load count each day. 14.. First Parties shall have the right to graze any of the lands not actually used by Second Party for pasture or other agricultural purposes. 50 Second Party shall build, at its own expense, all roads necessary to remove said material. 6. Second Party shall remove and stockpile the topsoil and overburden. The overburden and topsoil shall be placed in seperate piles and replaced after the gravel has been removed, to a thickness of at leash eighteen inches, any deficiency in overburden or topsoil to be taken from adjoining lands. The land shall be free draining and uniformly graded so as to as- sure that all areas drain properly and no surface irregularities exist. 7. Shoulithe nand and gravel be at such depths that its removal would not allow for proper drainage, Second Party has the right to remove such sand and gravel provided the low- area is backfilled to the proper height with fill obtained on the property or adjacent property. Both parties shall reach a mutual agreement with respect to said matter be- fore s-.tch time that proper drainage cannot be assured.