DCPCUP-2016-02363 - Laserfiche WebLink

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8. AMENDMENT AND TERMINATION. (a) The restrictions herein may be amended in the following manner: (1) A written petition calling for the amendment of the restrictions may be made by the persons who are, at the time of the petition, owner(s) of the lands subject to the restriction. Such petition shall be submitted to the Dane County Clerk who shall refer the petition to the Dane County Zoning & Natural Resources Committee (or successor committee) which committee shall schedule and hold a public hearing on the petition in the same manner as public hearings for zoning amendment petitions are noticed and scheduled. Following such hearing, the Committee shall issue a written report on the petition to the County Board of Supervisors which shall, by majority vote, approve or reject the petition. If approved, the petitioner(s) shall draft the amendatory covenant instrument, have same executed by the owner(s) of the lands subject to the restrictions and record same. (2) Any amendment to the restrictions concerning scheduling of races or number, construction of, or placement of buildings may be approved solely by the Town Board of the Town of Rutland. If approved, the petitioner(s) shall draft the amendatory covenant instrument, have same executed by the owner(s) of the lands subject to restrictions and record same. (3) In the event the Town Board shall determine that the operation of flea markets or Music Festivals as authorized by these restrictions have created, or threaten to create, significant risks to the public health, safety or welfare including, but not limited to, significant traffic congestion, disorderly conduct, criminal activity or other negative impacts, the Board may, by a duly adopted resolution recorded in the Office of the Register of Deeds for Dane County, amend these restriction to limit or prohibit those specific uses. (b) The restrictions set forth herein may be terminated in the following manner: Termination may be accomplished through County Board approval of a petition for termination of the restrictions. The procedures for introducing and processing the petition shall be as provided in paragraph 8(a) hereof, except that the petition shall call for termination rather than amendment of the restrictions and the instrument which is recorded shall be an instrument of termination. Such termination shall also require approval of the Town Board. If this agreement is terminated, then the Property shall be subject to the restrictions and conditions of the Zoning District by which the Property is designated at the time of termination, and the additional restrictions and requirements provided by this Agreement shall be without further effect. 9. BINDING EFFECT. The terms and provisions hereof shall be recorded in the office of the Register of Deeds for Dane County, Wisconsin, to be construed as a covenant running with the land, and shall be binding upon all parties now owning any part of the Property, their successors, heirs and assigns, and all parties holding under them unless such restrictions are amended or terminated. 10. COST REIMBURSEMENT. The Owner shall reimburse the Town for all costs and fees, including reasonable and actual attorney fees, incurred by the Town for the review and preparation of this Agreement at the time this Agreement is executed by the Town, and shall reimburse the Town for any further costs and fees incurred with respect to the provisions of this Agreement. Such costs and fees shall include all reasonable expenses incurred by the Town for the technical review of any and all plans contemplated by this Agreement and referred to above. 7