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by the Heirs conveying good and marketable title to the Existing Leased Area to WSACC, and <br />(ii) Easement Agreement by the Heirs granting a non-exclusive, permanent easement over and <br />across the Proposed Buffer Area to WSACC, said conveyances to occur on a date mutually <br />agreed to by the Heirs, WSACC and the County (the "Closing Date"); provided, however, that <br />prior to payment of any Compensation, the Heirs shall obtain from each lender, if any, and any <br />other party reasonably determined by WSACC to have an interest in the Property, written <br />consent to sell the Property and a waiver of all rights to the Compensation. The Heirs and the <br />LandTrst agree that the Compensation shall be allocated with 90% to the Heirs and 10% to the <br />LandTrst. The Heirs and the LandTrst agree to terminate the Conservation Easement <br />restrictions on the Existing Leased Area and Proposed Buffer Area known herein as the Property. <br />The parties acknowledge that the Compensation is fair market value for the Property and also <br />includes full and just compensation for any and all claims for damages to the remaining Green <br />Property resulting from the taking of the Property, including, without limitation, any claims for <br />interest or attorney's fees. <br />4. No Further Anneal: As further consideration of its right to receive the <br />Compensation, the Heirs agree that it will not appeal the trial court's dismissal of the Lawsuit or <br />further protest the Variance in any way. <br />5. Release by Heirs and LandTrst: Except for the obligations expressly provided in <br />this Agreement, and in return for the consideration referenced above, the Heirs and the <br />LandTrst, on behalf of their predecessors, successors, assigns and each of its past, present and <br />future managers, members, agents, attorneys, employees and representatives hereby releases and <br />discharges WSACC, the County and the Board of Adjustment and each of their predecessors, <br />successors, assigns, and each of its past, present and future directors, officers, agents, attorneys, <br />employees and representatives from any and all claims (a) asserted in the Lawsuit or which could <br />sones v.0 4 <br />F-3 Page 294 <br />