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SETTLEMENT AGREEMENT AND RELEASE <br />THIS SETTLEMENT AGREEMENT AND RELEASE ("Agreement") is made <br />~~ ~ ~ <br />and entered into as of the ,.(~ day of "~ ,~;° ~~ ~ _, 2010, by and between LEON <br />AND SON SOD CORPORATION, a Florida corporation, ("LEON"), and the CITY OF <br />CASSELBERRY, a Florida municipal corporation ("CITY"). <br />WITNESSETH: <br />WHEREAS, this Agreement arises out of that certain lawsuit filed in the Circuit <br />Court in and for Seminole County, Florida, styled City of Casselbe~~ry v. Garden World, <br />et al., Case No. 2009-CA-004595, and in the federal bankruptcy court cases filed in the <br />U.S. Bankruptcy Court, Middle District of Florida as follows: Chapter 11 Case No. <br />08:09-b1c-20492-CED; Adversary Proceeding cases filed by FTrans, Case Nos. 8:09-ap- <br />00690-CED; 8:09-ap-00765, and Adversary Proceeding case filed by Garden World, Case <br />No, 8:10-ap-00045-CED; (hereinafter "Lawsuit"), against GARDEN WORLD OF <br />HOLIDAY, INC., d/b/a GARDEN WORLD NURSERY AND LANDSCAPING <br />SERVICES ("Contractor") and all of Contractor's subcontractors, to place the remainder <br />of contract funds from a project involving intersection median improvements along U,S. <br />17-92 (the "Protect") into tree Court Registry; and <br />WHEREAS, LEON is one of Contractor's subcontractors and was a defendant <br />named in the Lawsuit; and <br />WHEREAS, the CITY and LEON have agreed to resolve all issues between them <br />and avoid the additional expense and uncertainty of litigation. <br />NOW THEREFORE, for and in consideration of the promises contained herein <br />and other good and valuable consideration, the receipt and sufficiency of which is hereby <br />