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3. All persons having or claiming to have~nn ~Q~n_~._~K~t~A~~ <br />in the Tract are parties hereto and are duly before the Court, <br />and this Court has jurisdiction of the parties and the subject <br />matter. <br /> <br /> 4. In full and final satisfaction of the claims of the <br />defendants herein, the plaintiff and the defendants have agreed <br />as follows: <br /> <br /> (a) The plaintiff, at its expense, will rip rap <br />the back of the dam of the large pond on the defendants' <br />remainder parcel of real property. The rip rap will be designed <br />and maintained by plaintiff in order to protect the dam from <br />erosion from the reservoir. The rip rapping will be completed <br />prior to the time that the reservoir reaches full pond. The <br />plaintiff will repair any damages to the defendants' property <br />resulting from and during the installation of the rip rap. <br /> <br /> (b) The defendants have agreed to accept the sum <br />of Two Hundred Eighty-five Thousand Dollars ($285,000.00) (the <br />"Award") for the tract, all fencing or improvements on or about <br />the tract, damages to the remainder of the defendants' real <br />property, and appraisal and attorney fees, which sum includes the <br />Deposit, and the plaintiff has agreed to pay the balance of the <br />Award. The Award is hereby allocated as follows: <br /> <br /> For the taking and defendants' appraisal and attorney <br />fees with respect thereto, the sum of $240,000.00; and <br /> <br />191 <br /> <br /> <br />