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2. Compensation. Kittitas County shall pay Kinman the sum of Seventy-Five Thousand <br />Dollars ($75,000) as consideration for the grant of the subject easet'nent and as full and <br />final payment on any and all claims, demands, liabilities, or causes of action arising <br />from or related to Black Horse at Whiskey Creek and the associated development <br />approvals. <br />3. Floodplain Improvements. Kittitas County shall undertake and complete stream <br />corridor and floodplain improvements over the Kinman 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 Kinman shall fully and completely cooperate in the <br />implementation and construction of the contemplated stream corridor and floodplain <br />improvements. Kinman agrees to execute any and all documents reasonable or <br />necessary for the improvement project as well as otherwise cooperating to reasonable <br />requests made by Kittitas County with respect to the improvement project. Kittitas <br />County shall undertake and be responsible for all permitting requirements for the <br />improvement project and shall construct such improvements in accordance with <br />applicable local, state, and federal laws. <br />5. Flood Insurance Rates Maps. Kittitas County and Kinman 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, Kinman 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 <br />Kinman 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 Kinman 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 />Page2 of 4