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causes of action arising from or related to Black Horse at Whiskey Creek and the
<br />associated development approvals.
<br />3. Floodplain Improvements. Kittitas County shall undertake and complete stream
<br />corridor and floodplain improvements over the Woods property in a reasonable and
<br />timely manner and in accordance with agreed upon plans and specifications. The
<br />floodplain improvements will include the existing Bender Road culvert, stream
<br />improvements both above and below Bender Road, and improved conveyance of
<br />stream corridor waters over and past the Ellensburg Canal.
<br />4. Cooperation. Kittitas County and Woods shall fully and completely cooperate in the
<br />implementation and construction of the contemplated stream corridor and floodplain
<br />improvements. Woods agrees to execute any and all documents reasonable or necessary
<br />for the improvement project as well as otherwise cooperating to reasonable requests
<br />made by Kittitas County with respect to the improvement project. Kittitas County shall
<br />undertake and be responsible for all permitting requirements for the improvement
<br />project and shall construct such improvements in accordance with applicable local,
<br />state, and federal laws.
<br />5. Flood Insurance Rates Maps. Kittitas County and Woods shall petition to all
<br />jurisdictional agencies for amendment of the Flood Insurance Rates and Boundary
<br />Maps to reflect the modified floodplain for Whiskey Creek in accordance with
<br />applicable rules, regulations, and laws. Kittitas County shall be the lead party in the
<br />application process.
<br />6. Release. In consideration of the County's settlement payment and undertakings
<br />hereunder, Woods do hereby release and fully discharge the County and all insurers,
<br />agents, lawyers, officers and directors, elected officials and former elected officials,
<br />employees and former employees, or any such released persons or entities from any
<br />and all manner of claims, demands, liabilities, obligations, damages, causes of action
<br />or suits, whether known or unknown, whether suspected or unsuspected, which Woods
<br />or their heirs, executors, administrators, legatees, representatives, successors,
<br />transferees and assigns may have against the released parties herein, arising from or
<br />in any way connected with process, approval, and permitting of Black Horse at
<br />Whiskey Creek. This release does include obligations under this Agreement. This
<br />release covers any and all future damages or losses not known to the parties to this
<br />Agreement, but which may later be discovered which Woods heirs, executors,
<br />administrators, estate, legatees, representatives, successors, transferees, and assigns
<br />can, shall or may have by reason of any matter, cause or thing whatsoever that was or
<br />could have been alleged in the litigation or otherwise arises from the processing,
<br />approval and permittees of Black Horse at Whiskey Creek.
<br />7. Indemnification. Kittitas County agrees to indemnify and hold Woods and their heirs,
<br />executors, administrators, legatees, representatives, successors, transferees, and
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