HomeMy WebLinkAboutAPL19-0001 Business License Appeal Perfect Massage 270
GENERAL RELEASE AND SETTLEMENT AGREEMENT
Business License Appeal,APL19-0001
This General Release and Settlement Agreement ("Agreement") is made by and
between the City of Auburn, Washington, a municipal corporation (the "City") and
Sufang Liang and Qing Hua Zhao, husband and wife("Applicants").
Whereas the Applicants and the City desire to settle the appeal of the Applicant's
business license application, and in consideration of the covenants undertaken and the
releases contained in this Agreement,the parties agree as follows:
1. DISMISSAL OF ACTIONS
Applicants agree to dismiss,and do dismiss,with prejudice their administrative
appeal,No. APL19-0001,of the City's denial of their business license application, BUS-
34122,to operate a massage therapy business.
Applicants also agrees to release,pursuant to the terms of this Agreement,all.
disputes known and unknown,to the fullest extent the law permits, arising out of or
related in any way to the subject matter identified in said administrative proceeding.
The City agrees it will not pursue any enforcement action against Applicants for
Applicants' operation of a massage therapy business without a license prior to the
issuance of the conditional business license.
Each party agrees it shall bear all of that party's own costs and fees of any kind
incurred therein and shall have no Iiability for any fees or costs incurred,including
attorney fees,by the other party either arising from said action or from this settlement
thereof.
2. CONDITIONAL BUSINESS LICENSE
By August 31, 2019, Auburn will issue to Applicants and the Perfect Massage a
conditional business license. The conditional license will expire on February 10, 2020.
The license will be conditioned on the following:
a. Applicants will only permit the performance of foot and chair massages at
the Perfect Massage establishment. No full body or water massages are
permitted.
b. Applicants will not permit any massages in a room or enclosure that is not
completely visible from the receptionist counter. If a massage is
conducted in the room that is located directly behind the counter,the door
must be open and the massage must be conducted so that the employee
can be seen from the receptionist counter at all times during the massage.
BUSINESS LICENSE RELEASE AND
SETTLEMENT AGREEMENT- I
c. Within Auburn, Applicants will only conduct massage therapy business in
the Outlet Mall.
The above conditions shall remain effective until license expiration on February
10, 2020, and the City shall have the authority to revoke the license for noncompliance
with any condition prior to that date,
City agrees that the Applicants may apply for a non-conditional license after
February 10, 2020. Applicants waive all rights, whether pursuant to Auburn City Code
or otherwise, to appeal denial of their application if the City denies the license application
based upon either a) the facts related in Kent Police Department Case Report 18-14401
and the Order of Pre-Trial Diversion No K00124337 KP, and/or b)the Finding and Order
of revocation by the Kent Hearing Examiner In re Su Fang Liang d/bla Perfect Massage,
Business License No 2160787.
3. DENIAL OF LIABILITY
This Agreement resolves all issues between Applicants and the City relating to the
City's denial of Applicants' business license application, , BUS-34122. This Agreement
does not constitute an adjudication or finding on the merits and it is not, and shall not be
construed as,an admission by either party of any wrongdoing of any kind.
4. GENERAL RELEASE AND DISCHARGE
Except for those obligations created by or arising out of this Agreement,
Applicants, on behalf of themselves and their representatives, agents, and employees
covenant not to sue and fully release and discharges the City, its elected officials,
officers, agents, and employees, past and present, from any and all claims, causes of
action, and liabilities, whether now known or unknown, arising out of or in any way
connected with the denial of the Applicants' business license application.
S. COMPLETE AGREEMENT
This instrument constitutes and contains the entire agreement and understanding
concerning the Settlement and any other subject matters addressed herein between the
parties, and supersedes and replaces all prior negotiations and all agreements proposed or
otherwise, whether written or oral, concerning the subject matters hereof. This is an
integrated document.
6. LITIGATION—COSTS AND EXPENSES
In the event either party violates the terms of this Agreement, the prevailing party
shall be entitled to recover all costs and expenses incurred by such party in connection
therewith, including reasonable attorneys'fees.
BUSINESS LICENSE RELEASE AND
SETTLEMENT AGREEMENT 2
7. WAIVER OF BREACH—EFFECT
No waiver of any breach of any term or provision to this Agreement shall be
construed to be,nor shall be, a waiver of any other breach of this Agreement. No waiver
shall be binding unless in writing and signed by the party waiving the breach.
8. FULL UNDERSTANDING ANI)VOLUNTARY ACCEPTANCE
in entering this Agreement, the parties represent that they have relied upon the
advice of their attorney, who are attorneys of their own choice, and that the terms of this
Agreement have been completely read and explained to them by their attorney, and that
those terms are fully understood and voluntarily accepted by them.
APPLICANTS CITY OF AUBURN
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Su Sufang Liartg Jeff e, ni evelopment
Department Director
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Qing lua Zao
Date: 01 2,2 _� __.___�.
BUSINESS LICENSE RELEASE AND
SEI TLEMENT AGREEMENT-3