4b. Flood-payment for clay borrow pit

BORROW PIT RELEASE This Release, made and enter into by James D. Carlson, Grantor, whose post office address 1649 Round Hill Drive, Fargo, ND 58104-7902, and the County of Cass, a Municipal Corporation, Grantee, whose post office address is P.O. Box 2806, Fargo,North Dakota 58108-2806. The Grantor, in consideration of the sum of One Hundred Thousand Dollars($100,000.00) to be received hereunder, does hereby expressly and fully release and forever discharge the Grantees from all liability for any and all damage done or caused to be done, and does herby agree to hold and save Grantees free and harmless from claims and demands whatsoever, for any damage to the property, or any improvements or personal property thereon, resulting from the operations of the Grantees related to the removal of borrow material for emergency flood control measures in connection to the 2010 Spring Floods,as permitted on March 11`"2010. The said described real property is lying and being in the County of Cass and State of North Dakota, all lying and being in the NW '1 of Section 24 Township 138 North, Range 49 West Dated: Signature(s): In the Presence of: By Witness Title Accepted this day of May 2014,on behalf of Cass County By: &--- &ILK- Title: C ■a( pa) WA UIi.G 1 admen-Ens FLOOD 2010 Flood Dr Carlwn Pu Reluse■N:4_u IJ Jut.