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SETTLEMENT AGREEMENT AND RELEASE
<br />This Settlement Agreement and Release ("Settlement Agreement") is entered into by and
<br />between the City of Sunny Isles Beach, a Florida municipal corporation ("City") and RomaCorp,
<br />Inc., a foreign profit corporation ("RomaCorp" and, collectively with the City, the "Parties").
<br />WHEREAS, the Parties entered into that certain Lease commencing on July 28, 2003 for
<br />the premises located at 18050 Collins Avenue, Sunny Isles Beach, Florida, wherein RomaCorp
<br />operated a Tony Roma's restaurant; and
<br />WHEREAS, disputes have arisen between the Parties relating to the Lease and claims
<br />have been asserted by the respective parties concerning the possession of the premises and the
<br />payment of rent; and
<br />WHEREAS, City and RomaCorp deny the allegations that have been asserted against the
<br />other and maintain that they have acted in conformity with the provisions of the Lease and in
<br />accordance with applicable law; and
<br />WHEREAS, the Parties wish to avoid the expense, inconvenience, uncertainty and
<br />distraction of protracted litigation, and do so without any admission of liability whatsoever by
<br />either of them.
<br />NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein,
<br />and for other good and valuable consideration, the sufficiency and receipt of which is hereby
<br />acknowledged, the Parties agree as follow:
<br />1. The foregoing recitals are incorporated herein by reference.
<br />2. The above referenced Lease is terminated as of the Effective Date of this Settlement
<br />Agreement.
<br />3. RomaCorp shall pay to City the total sum of Eighty Thousand Dollars ($80,000.00)
<br />("Settlement Sum") in full and complete satisfaction of any and all claims the Parties have
<br />against one another. The Settlement Sum shall be payable in one lump sum payment,
<br />payable to the City of Sunny Isles Beach no later than thirty (30) days after the Effective
<br />Date of this Settlement Agreement which is the date that Romacorp is notified that this
<br />Settlement Agreement has been duly executed by City and provided a fully executed copy.
<br />4. The Parties, individually and for each of their respective affiliates, partners, subsidiaries,
<br />parent corporations, shareholders, directors, policyholders, trustees, Elected Officials,
<br />employees, officers, principals, agents, attorneys, insurers, reinsurers, sureties,
<br />predecessors, successors, assigns, subrogees, and subrogors (collectively, the "Related
<br />Parties"), do hereby mutually remise, release, acquit, satisfy and forever discharge, each
<br />other and each other's respective Related Parties from any and all past, present, rights,
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