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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 FG010/ bout Su Sufang Liartg Jeff e, ni evelopment Department Director / � _ �/►� Date: � -)J 3/� Date: gI (-9i(Lex /ma *a Qing lua Zao Date: 01 2,2 _� __.___�. BUSINESS LICENSE RELEASE AND SEI TLEMENT AGREEMENT-3