SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FILL BUILDING ASSOCIATES, LLC, d/b/a FILL BUILDING EAST

SETTLEMENT AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA AND
FILL BUILDING ASSOCIATES, LLC, d/b/a FILL BUILDING EAST

(DJ # 202-37-249)

BACKGROUND

1. Parties. The parties to this Settlement Agreement ("Agreement") are the United States of America (the "United States") and the Fill Building Associates, LLC, d/b/a Fill Building East ("FBE"), owner of an office building located at 27301 Dequindre, Suite 301, Madison Heights, Michigan, ("the Office Building") which is the subject of this Agreement.

2. Nature of Complaint. This matter was initiated by the United States Attorney's Office for the Eastern District of Michigan, a component of the United States Department of Justice, upon receipt of a complaint alleging architectural barriers to access by individuals with disabilities. Specifically, the complaint alleged that patients of the Michigan Institute for Neurological Disorders who have mobility disabilities cannot access their physician's office, located in Suite 103 of the Office Building, due in part to inaccessible outer doors on the building and steep ramp slopes. The Attorney General is authorized to investigate possible violations of the Americans with Disabilities Act (AADA [sic]). 42 U.S.C. §§ 12181-1218928 [sic] and C.F.R. Section 36.

   Based on the information voluntarily provided by FBE, as well as the information obtained during a site visit in April 2016, the United States Attorney's Office concluded that barriers existed at the Office Building and that these barriers violated the ADA's requirement to remove architectural barriers in existing facilities where such removal is readily achievable. 28 C.F.R. §36.304.

3. Applicability of the ADA. The Office Building is a place of public accommodation within the meaning of 42 U.S.C. ' 12181(7)(F); 28 C.F.R. ' 36.104.. [sic] FBE, acting through Fill Building Associates, LLC, is a public accommodation, because it is a private entity that owns, leases (or leases to), or operates "a professional office of a health care provider…or other service establishment," which is considered a place of public accommodation under the ADA. 42 U.S.C. ' 12181(7)(F); 28 C.F.R. ' 36.104. [sic]

4. Purpose of Agreement. The purpose of this Agreement is to resolve certain ADA violations at the Office Building, set forth below and which were identified during the investigation conducted by the U.S. Attorney's Office. FBE agrees to resolve these violations in a manner that is consistent with title III of the ADA, 42 U.S.C. '' 12181-89, and the title III regulations of the Department of Justice, 28 C.F.R. Pt. 36, including the 2010 Standards for Accessible Design, Appendix A (the "2010 Standards").

5. Remedial Actions to be Taken. FBE agrees to ensure that individuals with disabilities are not discriminated against on the basis of disability in the full and equal enjoyment of the offered goods, services, facilities, privileges, advantages, or accommodations of the Office Building, in accordance with 42 U.S.C. '' 12182(b)(1)(A)(i), (ii); and 28 C.F.R. ' 36.202. [sic] Toward this end, FBE has agreed to remove barriers to access where it is readily achievable to do so and to take other specific steps, as set forth below. 42 U.S.C. ' 12182(b)(2)(A)(iv); 28 C.F.R.' 36.304. [sic]

   Unless otherwise indicated herein, FBE agrees to take the following actions within one (1) year of the effective date of this Agreement:

   1. West Main Entrance Accessible Parking:

      1. Create a van accessible space that is at least 11-feet wide, with a 5-foot-wide minimum access aisle, or at least 8 feet wide, with an 8-foot-wide minimum aisle, in accordance with Sections 502.2 and 502.3 of the 2010 ADA Standards.

      2. Install a sign identifying the van accessible space, and raise all of the signs identifying accessible spaces to at least 60-inches from the ground to the bottom of the sign, in accordance with Section 502.6 of the 2010 ADA Standards.

      3. Re-stripe the accessible spaces and access aisles to discourage improper parking in accordance with Section 502.3.3 of the 2010 ADA Standards.

   2. North Visitor Entrance

      1. Post sign directing to location of the nearest accessible entrance.

   3. Exterior Accessible Route

      1. Remove or relocate the planter currently located between the North and Main Entrance to ensure that the path of travel from the North Entrance to the West Main Entrance is accessible to meet Section 403.5.1 of the 2010 ADA Standards.

   4. East HC Parking and Restaurant Entrance

      1. Provide accessible parking spaces near the restaurant entrance in accordance with Sections 208 and 502.2 of the 2010 ADA Standards.

      2. Re-stripe the accessible spaces and access aisles to discourage improper parking in accordance with Section 502.3.3 of the 2010 ADA Standards

      3. Ensure that the ramp from the accessible parking space to the accessible entrance to the restaurant meet the slope requirements of sections 303 and 402.2 of the 2010 ADA Standards.

   5. West Hall Entrance (Delivery Entrance)

      1. Designate this entrance as an emergency entrance only and provide directional signage indicating the location of the nearest accessible entrance.

   6. First Floor Office Space

      1. Replace entry door hardware to all occupied offices with hardware, mounted between 34- and 48-inches high, that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist and requires no more than 5 pounds of force to operate. Section 404.27 [sic] of the 2010 ADA Standards. As vacant space becomes occupied, FBE will make certain that the space is brought into full ADA compliance.

   7. Common Restrooms

      1. Insulate the water supply and drain pipes under the sinks to meet Section 606.5 of the 2010 ADA Standards.

      2. Provide directional signage indicating the route to the nearest accessible toilet room to meet Section 216.2,703.1 of the 2010 Standards.

   8. Second Floor Office Space

      1. Replace entry door hardware to all occupied offices with hardware, mounted between 34- and 48-inches high, that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist and requires no more than 5 pounds of force to operate. Section 404.27 [sic] of the 2010 ADA Standards. As vacant space becomes occupied, FBE will make certain that the space is brought into full ADA compliance.

      2. Install or remount the reception area counter in Suites 206 and 207 so that they are no higher than 36-inches about the finish floor; or alternatively, provided an additional accessible counter at an accessible location within the same area to meet Section 904.4 of the 2010 ADA Standards.

      3. Provide directional signage indicating the route to the nearest accessible toilet room to meet Section 216.2,703.1 of the 2010 Standards.

   9. Third Floor Office Space

      1. Replace entry door hardware to all occupied offices with hardware, mounted between 34- and 48-inches high, that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist and requires no more than 5 pounds of force to operate. Section 404.27 [sic] of the 2010 ADA Standards. As vacant space becomes occupied, FBE will make certain that the space is brought into full ADA compliance.

      2. Suite 314 (Toilet room)

         1. Replace the entry door hardware to the toilet room with hardware, mounted between 34- and 48-inches high, that is operable with one hand and does not require tight grasping, pinching, or twisting of the wrist and requires no more than 5 pounds of force to operate. Section 404.27 [sic] of the 2010 ADA Standards.

         2. Ensure that the water supply and drain pipes under the sinks are insulated or otherwise configured to protect against contact to meet Section 606.5 of the 2010 ADA Standards.

         3. Relocate or lower the wall mounted mirror so that the bottom edge of the mirror is 40 inches' maximum above the finish floor. Section 603.3 of the 2010 ADA Standards.

         4. Lower the soap and towel dispenser so that they are no higher than 48 inches above the floor in compliance with Sections 308 and 606.1 of the 2010 ADA Standards.

   10. Elevators

       1. Lower the elevator control buttons to be no higher than 54-inches to meet Section 407.4.6.1 of the 2010 ADA Standards.

       2. The Emergency Controls, including the emergency alarm, shall be grouped at the bottom of the panel in compliance with Section 407.4.6.2.

6. Future Alterations. Any alterations or renovations undertaken at the Office Building shall comply with title III of the ADA and its implementing regulation, including the Standards. 42 U.S.C. ' 12183; 28 C.F.R. '' 36.402 through 36.405 [sic]; 28, C.F.R. Part 36, Appendix A. Should any office space that was vacant as of the Effective Date of this Agreement, subsequently become occupied, FBE shall evaluate the area and remove any barriers that are readily achievable (e.g. reception counters, etc.).

7. Progress Report/Inspections. Within 90 days of the effective date of this Agreement, and then every 120 days thereafter until completed, FBE will submit a progress report to the United States Attorney's Office, directed to the attention of the Civil Rights Unit, detailing the actions taken to comply with this Agreement. This report shall include photographs of all structural changes required by this Agreement. In addition, FBE shall permit representatives of the United States Attorney's Office to physically inspect the Office Building office with reasonable notice to him.

8. Agreement Not to Sue. In consideration of the terms of this Agreement, the United States will not bring a civil action to enforce the ADA as it relates to any alleged violations specifically addressed in Paragraph 5 of this Agreement. However, this shall not limit the United States' ability to enforce this Agreement as set forth in Paragraph 9 of this Agreement. Nor does this Agreement prevent the United States from investigating and/or pursuing other potential ADA violations that may involve FBE or the Fill Building Associates, LLC. Nor does this Agreement otherwise relieve FBE from fully complying with the ADA.

9. Enforcement. If the United States believes that this Agreement or any requirement in this Agreement has been violated, the United States will notify FBE in writing and will attempt to resolve the issues in good faith. If the United States' concerns are not fully resolved within 60 days of the written notice the United States may institute a civil action in the Eastern District of Michigan or any other appropriate court to seek appropriate relief to enforce the terms of this Agreement to enforce title III of the ADA.

10. Successors in Interest. In the event that FBE transfers, sells, assigns, or otherwise releases his interest in some or all of the Office Building, this Agreement shall be binding on all subsequent successors, assigns, owners, operators, lessors or lessees, and FBE agrees to give timely notice of this Agreement to prospective persons/entities prior to any such transfer or sale.

11. Non-Waiver. Failure by the United States to enforce any provision(s) of this Agreement, including time deadlines, shall not be construed as a waiver of its right to do so with regard to any other provision(s) of this Agreement.

12. Advice of Counsel. FBE acknowledges that its representative has been advised that this is a legally binding document, and that he may seek the advice of legal counsel before entering into this Agreement.

13. Entire Agreement. This Agreement sets forth the complete agreement between the parties. In entering into this Agreement, neither the United States nor FBE rely on any representation or statement not set forth herein.

14. Authority to Bind. A signor of this document in a representative capacity for a partnership, limited partnership, limited partnership, corporation, governmental entity, or other entity, represents that he or she is authorized to bind such partnership, corporation, governmental entity, or other entity to this Agreement.

15. Public Document. A copy of this document will be made available to any person by FBE or the United States upon request.

16. Effective Date. This Agreement shall be in full force and effect for a period of three (3) years after the effective date of the Agreement. The effective date of this Agreement is the date of the last signature below.