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201302384 6. Electronic Gate. The County agrees to install and maintain, on a permanent basis and at the County's expense, an electronically operated 25 -foot gate (the "Electronic Gate ") across the Easement to the west of the Ellis Gate on the County's right -of -way. The Electronic Gate will be opened from the west by use of a key -punch code, and once a vehicle or person passes through, the Electronic Gate will close automatically. An underground loop will be buried on the east side of the Electronic Gate, which will sense vehicles approaching from the east and will automatically open the Electronic Gate and close it following departure. The Ellises, the Kroegers, the County, and Little E, and any of their successors -in- interest to their respective properties, will be provided a code to operate the Electronic Gate. The Hall County Rural Fire Department also will be provided with said code. The County's Highway Superintendent shall maintain the master controller code for the purpose of changing the codes and issuing new codes as may become necessary at any time in the future. The County shall post the Electronic Gate with signs stating "Private Property Beyond This Point" and "Trespassers Will Be Subject to Prosecution." 7. The Ellis Gate. The Ellis Gate will remain in place for the Ellises or Little E to use solely for the purpose of enclosing escaped livestock on the Ellis Property or Little E Property. If closed for that purpose, the Ellis Gate will be immediately reopened once any escaped livestock have been secured. At all other times the Ellis Gate will be left open and unlocked. The Ellis Gate will be subject to destruction by the County if it is closed at any other time. 8. Termination of Condemnation Actions. The County, the Ellises, and Little E agree to execute and deliver to the District Court of Hall County and to the Hall County Register of Deeds whatever documents shall be required to withdraw, terminate, and dismiss the Ellis Condemnation Action and the Little E Condemnation Action, and to dismiss with prejudice the appeal and cross - appeal filed in Hall County District Court Case No. CI11 -46, and the appeal filed in Hall County District Court Case No. CI11 -1089. The County shall take whatever action may be necessary to reverse the condemnation of the Ellis Condemned Property and the Little E Eagle Condemned Property. In connection therewith, the County shall quitclaim to the Ellises any interest the County now has in the Ellis Condemned Property, so the Ellises can then convey the Easement as set forth above. The County also shall quitclaim to the Ellises and Little E any interest the County now has in the Little E Condemned Property. The County's deposits of the damage awards in the Ellis Condemnation Action and the Little E Condemnation Action shall be returned to the County, together with any interest earned on said deposits. 9. Future Condemnation. The County shall not initiate any new or similar condemnation action against the Ellises and/or Little E Eagle unless and until such time as the Ellises or their successors in interest interfere with or obstruct the free use of the Easement by the Kroegers, the County, or their heirs, successors, agents or assigns, or any person authorized by the County or the Kroegers to access the County Property or the Kroeger Property for lawful purposes. 10. Final Agreement. The parties to this Agreement hereby acknowledge that they are entering into this Agreement of their own free will, that they understand fully the terms of this Agreement, and that the terms stated herein are the sole and final agreement between the parties. The parties voluntarily accept the terms of this Agreement for the purpose of making a full, final 5