Settlement A 4/20/05 1) The parties to this agreement are the Black forest Soaring Society, Inc. (BFSS) and Kelly AirPark Association, Inc. (KAP). This agreement is effective this date. 2) The KAP acknowledges the property rights of the BFSS to the same extent as all other lot owners in KAP and BFSS shall continue its operations indefinitely, in accordance with the Covenants. KAP shall not modify or add restrictions that will restrict the historical use of BFSS. 3) BFSS agrees to abide by the terms and conditions of the Covenants in the same ways as all other property owners and recognizes KAP authority to regulate the operation of the airpark in accordance with the Covenants except KAP shall not modify, change or add covenants that adversely affect or restrict the historical use of BFSS. 4) The BFSS shall make payment of 75% of the actual maintenance costs of the park, commencing on June 1, 2005. This shall not be retroactive to any obligations prior to June 1, 2005. 5) BFSS shall have a standing member on the budget committee, and also a standing member on the common area committee. 6) BFSS agrees to request of its property aviation insurance carrier that KAP be added to its policy as an additional insured party. 7) The parties make no admissions of liability in reaching this agreement. This agreement is made (here??) as a compromise of the dispute and to resolve all issues in the litigation. 8) The parties shall agree to first submit any disputes to this agreement to mediation upon notice of the same. If mediation proves unsuccessful, the parties agree to binding arbitration with an arbitrator agreeable to the parties. The prevailing party shall be entitled to recover from the losing party. 9) Maintenance costs are defined as reasonable and necessary cost to maintain the taxiway and runway except overlay and insurance. Maintenance cost shall include but not be limited to crack seal, seal coat, weeds, taxiway, runway and other reasonable and necessary cost as defined in the covenants. The next page is the signature page.