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2. Compensation. Kittitas County shall pay Kinman the sum of Seventy -Five Thousand Dollars ($75, 000) as consideration for the grant of the subject easement and as full and final payment on any and all claims, demands, liabilities, or causes of action arising from or related to Black Horse at Whiskey Creek and the associated development approvals. 3. Floodplain Improvements. Kittitas County shall undertake and complete stream corridor and floodplain improvements over the Kinman property in a reasonable and timely manner and in accordance with agreed upon plans and specifications. The floodplain improvements will include the existing Bender Road culvert, stream improvements both above and below Bender Road, and improved conveyance of stream corridor waters over and past the Ellensburg Canal. 4. Cooperation. Kittitas County and Kinman shall fully and completely cooperate in the implementation and construction of the contemplated stream corridor and floodplain improvements. Kinman agrees to execute any and all documents reasonable or necessary for the improvement project as well as otherwise cooperating to reasonable requests made by Kittitas County with respect to the improvement project. Kittitas County shall undertake and be responsible for all permitting requirements for the improvement project and shall construct such improvements in accordance with applicable local, state, and federal laws. 5. Flood Insurance Rates Maps. Kittitas County and Kinman shall petition to all jurisdictional agencies for amendment of the Flood Insurance Rates and Boundary Maps to reflect the modified floodplain for Whiskey Creek in accordance with applicable rules, regulations, and laws. Kittitas County shall be the lead party in the application process. 6. Release. In consideration of the County's settlement payment and undertakings hereunder, Kinman do hereby release and fully discharge the County and all insurers, agents, lawyers, officers and directors, elected officials and former elected officials, employees and former employees, or any such released persons or entities from any and all manner of claims, demands, liabilities, obligations, damages, causes of action or suits, whether known or unknown, whether suspected or unsuspected, which Kinman or their heirs, executors, administrators, legatees, representatives, successors, transferees and assigns may have against the released parties herein, arising from or in any way connected with process, approval, and permitting of Black Horse at Whiskey Creek. This release does include obligations under this Agreement. This release covers any and all future damages or losses not known to the parties to this Agreement, but which may later be discovered which Kinman heirs, executors, administrators, estate, legatees, representatives, successors, transferees, and assigns can, shall or may have by reason of any matter, cause or thing whatsoever that was or could have been alleged in the litigation or otherwise arises from the processing, approval and permittees of Black Horse at Whiskey Creek. Page 2 of 4