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Ica) <br /> RESTRICTION `To , ft) 4g' <br /> Menard , Inc . , ( "Menard" ) is acquiring several parcels of land <br /> in the Town of Middleton, Dane County, Wisconsin, and as part of <br /> its development plan has filed an application requesting re-zoning <br /> of several properties so that it may proceed with the construction <br /> of a retail lumber and home improvement center . <br /> Menard and Dane County mutually agree that for the protection <br /> and benefit of the Menard property and the adjacent properties , <br /> that the Menard property should be subject to the following <br /> restriction : <br /> Menard agrees that , for a period of five (5) years from the <br /> date of execution of this Agreement, Menard shall not construct <br /> any buildings upon that portion of the E 1/2 of NE 1/4 , Section <br /> 27, Town of Middleton, being acquired by Menard that is not a part <br /> of the property for which Menard has filed applications for <br /> re-zoning, unless all buildings are connected to a public sanitary <br /> sewer and water service . <br /> This restriction shall constitute a covenant running with the <br /> land and shall be binding upon Menard . <br /> The restriction provided for herein shall be enforceable at <br /> law or equity against Menard in the above described land by the <br /> following parties who are named as grantees , promisees and <br /> beneficiaries with enforcement rights : <br /> (a) The County Government of Dane County, Wisconsin ; and <br /> (b) The Town Government of the Town of Middleton, Dane <br /> County, Wisconsin . <br /> 1 <br />