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Execution Copy <br />THIS SETTLEMENT AGREEMENT AND RELEASE ("Settlement Agreement") is <br />made by and between Blew's Construction, Inc., A Washington corporation ("Blew's") on <br />the one hand, and Kittitas County, a subdivision of the State of Washington ("County") on <br />the other. Collectively, Blew's and the County are referred to as the "Parties," and each <br />separately or individually as "Party." <br />In consideration of the promises and covenants exchanged herein, the Parties hereby <br />agree as follows: <br />RECITALS <br />A. The Parties wish to settle and resolve finally all claims and causes of action <br />asserted in the lawsuit entitled Blew's Construction, Inc., v. Kittitas County, filed in Grant <br />County Superior Court of the State of Washington under cause no. 21-2-00525-13 ("Lawsuit"). <br />NOW, THEREFORE, in consideration of the foregoing and the following covenants, <br />obligations, undertakings and releases, the sufficiency of which consideration is hereby <br />acknowledged, the Parties mutually agree as follows: <br />AGREEMENT <br />1. Payments <br />1.1 Within fifteen (15) business days after mutual execution of this Settlement <br />Agreement, Blew's shall make payment to Kittitas County for outstanding utility bills in the <br />amount of $3,963.80. <br />1.2 Within fifteen (15) business days after mutual execution of this Settlement <br />Agreement, Kittitas County shall make the following payment to Blews in the amount of <br />$247,201.00, plus Washington State Sales Tax. <br />2. Terms <br />2.1 Blew's is to provide certification that all subcontractors have been paid and <br />there are no outstanding liens. <br />2.2 Both Parties shall Release all claims for interest, penalties, costs, expenses and <br />attorney's fees incurred. <br />2.3 Blew's recognizes 9/14/2021 as substantial completion date and all <br />warranties that reference substantial completion will recognize this date. Blew's will advise its <br />subcontractors regarding the date of substantial completion for warranty purposes. <br />2.4 Blew's shall dismiss, pursuant to CR 41(1)(b) its action filed in Grant County <br />Superior Court under cause No. 21-2-00525-13 within fifteen (15) business days of receipt of payment, <br />and release all claims against Kittitas County. <br />Page 1 of 5 <br />