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Home My WebLink About2024-0124 - - Settlement Agreement -23-03206 - Docusign Envelope ID:CEAC4361-3B53-479A-946F-925E3A483B18 SETTLEMENT AGREEMENT 23-03206 This Agreement is entered into by and between the CITY OF AUBURN, Washington, a municipal corporation of the State of Washington ("the City") and Senrui Zeng, Meiying Zeng, Xiaoyun Chen and Yingying Le ("Claimants") to resolve the administrative proceeding before the Hearing Examiner for the City of Auburn Police Department, Case No. 23-03206 and claimants Senrui Zeng, Yingying Le,Xiaoyun Chen, and Meiying Zeng without further litigation (henceforth this "Proceeding"). RECITALS Claimant Senrui Zeng owns a 2017 Lexus IS (VIN JTHBA1D29H5052313) and Claimants, individually and/or collectively, owned miscellaneous plant grow equipment, $42,264 in US Currency, and two thousand nine hundred forty Chinese Yuan(CNY 2,940) (cumulatively, the "Property"). On or about May 31, 2023, the Auburn Police Department executed a search warrant at 5019 Bridget Avenue SE, Auburn, King County, Washington under APD case number 23-03206and initiated the above referenced administrative proceeding. The City and Claimants without any admissions by either the City or the Claimants. desire to settle this matter and have agreed to the disposition of the Property in consideration of the uncertainty of litigation, and the time and expense associated with proceeding to a hearing AGREEMENT For good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the City and Claimant agree as follows: 1. Property Awarded to the City. Through operation of this Settlement Agreement the City is awarded and the Claimants agrees to forfeit to the City his right,title,and interest to the following property: • $42,264 in US Currency • Miscellaneous plant grow equipment (all seized) 2. Property Awarded to Claimant Senrui Zeng and Additional Claimants. Through operation of this Settlement Agreement the City agrees to return the following property to Claimants: Page 1 of 4 Settlement Agreement Senrui Zeng,Meiying Zeng,Xiaoyun Chen and Yingying Le Docusign Envelope ID:CEAC4361-3B53-479A-946F-925E3A483B18 • 2017 Lexus IS (VIN JTHBA1D29H5052313) • Two thousand nine hundred forty Chinese Yuan(CNY 2,940) The City agrees to provide and execute any document reasonably necessary to facilitate a transfer of the property. The Claimant agrees to take said property in "as-is" condition and the City gives no warranties and makes no representations regarding the condition of the vehicle. 3. Mutual Releases and Dismissal of Actions. Within ten (10) business days following execution of this Agreement by all parties,both parties will sign a stipulation to dismiss this administrative proceeding with prejudice and with each party to bear their own costs. The Claimants release any further claims to the aforementioned property pursuant to this agreement. The City shall present to the Hearing Examiner the Stipulation to Dismiss for signature and filing and provide claimant's attorney Cashton L Sessler a conformed copy of the same at no expense to Claimants. In partial consideration of this Agreement, the Claimants release and forever discharge the City its elected officials, employees, representatives, and agents from every claim, demand, and cause of action whatsoever, of any kind and nature,whether presently known or unknown, suspected or unsuspected, arising or alleged to have arisen or which shall arise hereafter as a result of the City's seizure of their property, including any claim for deprivation, encumbrance, slander, or conversion of property and any claim for attorneys' fees and costs. In partial consideration of this Agreement, the City releases any additional claims of forfeiture and/or other claims arising from Auburn Police Department investigation No. 23-03206,to the extent they are not incorporated into this agreement. This agreement shall be the final agreement related to any forfeiture actions under Chapter 69.50 RCW related to APD No. 23-03206. 4. Vehicle and Chinese Yuan Release. Claimant shall contact Auburn Police Department Special Investigations Unit to make arrangements to retrieve the seized vehicle within five (5) business days of execution of this Agreement, excluding weekends and holidays. The Claimant understands the vehicle will be returned by preset appointment time agreed to between the Auburn Police Department and Claimant Zeng. The Auburn Police Department shall provide an available appointment time within five business days after the execution of this agreement and make best efforts to find an agreeable time within five business days.The vehicle will be returned at the Auburn Police Department 340 East Main Street, Ste. 201, Auburn, WA 98002. If the Auburn Police Department and Claimant Zeng cannot find an agreeable time for the return of the vehicle within five business days,they will schedule a time for the next soonest availability of both parties. Page 2 of 4 Settlement Agreement Senrui Zeng,Meiying Zeng,Xiaoyun Chen and Yingying Le Docusign Envelope ID:CEAC4361-3B53-479A-946F-925E3A483B18 The Chinese Yuan shall be returned at the same time of vehicle retrieval and may be claimed at the Auburn Police Department. 5. Indemnification. The Claimants shall indemnify, defend, and hold harmless the City, its agents, and employees from and against any and all liability arising from this forfeiture action and the City's retention of the Property and ultimate dispossession of the same. In the event that the City shall elect to defend itself against any claim or suit arising from this agreement,the Claimants shall, in addition to indemnifying and holding the City harmless from any liability, indemnify the City for any and all expenses incurred by the City in defending such claim or suit, including reasonable attorneys' fees. 6. Reliance Upon Own Judgment and Counsel. The City and Claimants have read this agreement and have knowingly, intelligently, and voluntarily entered into said agreement with full knowledge of the consequences of such agreement. The City and Claimants agrees that each of them was represented by counsel or had the opportunity to independently consult with counsel of their choosing. As such,this agreement shall not be construed against either party as the drafter. 7. Entire Agreement. This Agreement contains the entire agreement between the parties, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties. Either party may request changes to the Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 8. Binding on Successors and Assigns. All the terms and conditions of this Settlement Agreement and its exhibits shall be binding upon and inure to the benefit of the Claimants and the City and their respective heirs, successors, agents, and assigns. 9. Counterparts. This Settlement Agreement may be executed by multiple counterparts, each of which shall be deemed an original, binding on the parties to the Agreement, and all of which shall constitute one final agreement. 10. Attorneys' Fees. The City and the Claimants shall pay their own attorney's fees,costs,and expenses incurred in connection with the administrative action. In the event of a breach or a default under this Settlement Agreement,the breaching or defaulting party agrees to pay all attorneys' fees and costs incurred by the prevailing party in collecting amounts owed or through enforcing the agreement. SIGNATURES DATE Do�by: 11/18/2024 htl.`JLH[SUi/ v4/1. Nancy Backus, Mayor City of Auburn Page 3 of 4 Settlement Agreement Senrui Zeng,Meiying Zeng,Xiaoyun Chen and Yingying Le Docusign Envelope ID:CEAC4361-3B53-479A-946F-925E3A483B18 DocuSigned by:rz 11/16/2024 Senrui Zeng,Claimant /VWt1 2.1 11/16/2024 N.—a 3{Ull9F4tbil1 Z4bA. Meiying Zeng, Claimant tTWA: 1AD A)Nciliv 11/16/2024 P b.,b' HOLJVO9Vb . Xiaoyun Chen, Claimant I j'_rfy I o_.7 1) 11/16/2024 CHIiHH /b f 14 i00F\. YingyingV y Le, Claimant Reviewed as to form and agreed: Signed by: (—Signed itAA ,s 11/18/2024 ---J I tHr UZZ4`JJs4Ut Taryn Jones, WSBA 52647 Attorney for City of Auburn Reviewed as to form and agreed: FDocuSigned by: AWN& StAt it 11/16/2024 Calton esker, WSBA# 15609 Attorney for Claimants I, Doreen Wai, am a court certified translator in Cantonese and hereby certify and declare under penalty of perjury under the laws of the State of Washington that I have translated this agreement for Claimants from English into Cantonese. Dated this 16 day of November, 2024 at Federal way , Washington. „.---DocuSigned�y:b DO W ICi. Doreen Wai v V Signature Page 4 of 4 Settlement Agreement Senrui Zeng,Meiying Zeng,Xiaoyun Chen and Yingying Le