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SETTLEMENT AGREEMENT AND MUTUAL RELEASE <br />PARTIES <br />The parties to this Settlement Agreement and Mutual Release (hereinafter referred to as <br />"Agreement") are the CITY OF COLTON (hereinafter referred to as "Plaintiff") and TOM L. <br />THEATERS, INC., and THOMAS LOGAN GREEN (hereinafter collectively referred to as the <br />"Defendants"), all hereinafter sometimes collectively referred to as the "Parties." LOGAN P. <br />GREEN, GEORGE KOKONIS and DENA KOKONIS, also defendants in the Action referred to <br />below, are not signatories to this Agreement. <br />RECITALS <br />This Agreement is made with reference to the following facts: <br />1. Certain disputes have arisen between Plaintiff and Defendants. <br />2. The disputes are embodied in the claims for relief, causes of action, demands and <br />prayers set forth by Plaintiff in that certain civil action pending in the Superior Court of the State <br />of California, County of San Bernardino, bearing case no. SCV 231431, entitled (in short form) <br />CiW of Colton v. Fantasy Tgpless- et al. (hereinafter referred to as the "Action"). <br />3. There are no other actions, claims or proceedings on file as between Plaintiff and <br />Defendants, or either of them in any form, or before any court, agency, arbitral body or other <br />person or entity; neither Plaintiff nor Defendant contemplates filing or is considering filing any <br />action, claim or proceeding against the other, and neither Plaintiff nor Defendant is aware of any <br />facts that might give rise to any claim, action or proceeding against the other. <br />