SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE UNITED STATES OF AMERICA AUTOMATED PETROLEUM AND ENERGY COMPANY, INC. D/B/A OCALA AND INVERNESS CHEVRON STATIONS AND DADE CITY CITCO STATIONS

SETTLEMENT AGREEMENT

BETWEEN

THE UNITED STATES OF AMERICA

AND

AUTOMATED PETROLEUM AND ENERGY COMPANY, INC. D/B/A

OCALA AND INVERNESS CHEVRON STATIONS

AND

DADE CITY CITCO STATION

DEPARTMENT OF JUSTICE COMPLAINT 202-17M-237

BACKGROUND

1.     This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181-12189, with the United States Department of Justice (Department) against Automated Petroleum and Energy Company, Inc. (APEC), the owners/operators of three gasoline service stations with convenience stores, Ocala Chevron Station, Inverness Chevron Station, and Dade City CITCO Station, (collectively, Stations), all located in Florida.

2.     The complaint alleged that numerous architectural barriers prevent or restrict access to the Stations by individuals with disabilities, including individuals who use wheelchairs and persons with visual impairments. Several features, elements, and spaces of the Stations are not accessible to or usable by individuals with disabilities, as specified in the regulation. See 28 C.F.R. § 36.406 and the Standards for Accessible Design, 28 C.F.R. pt. 36, Appendix A ("the Standards"). Elements and spaces to which there are barriers to access at the Stations include, but are not necessarily limited to, the parking lots, front entrances, aisles, counters, and rest rooms. The complaint alleged that it would be readily achievable for APEC to remove the barriers, but APEC has failed to remove them, in violation of sections 302(a) and 302(b)(2)(A)(iv) of the ADA, 42 U.S.C. §§ 12182(a) and 12182(b)(2)(A)(iv), and in violation of 28 C.F.R. § 36.304.

3.     The Attorney General is authorized to enforce title III of the ADA by seeking the modification of facilities to make such facilities readily accessible to and usable by individuals with disabilities. 42 U.S.C. § 12188(a)(2). In addition, the Attorney General may commence a civil action to enforce title III in any situation where the Attorney General believes a pattern or practice of discrimination exists or a matter of general public importance is raised. Id. at § 12188(b)(1)(B).

4.     The Stations are gas stations with convenience stores, and, as such, are places of public accommodation under title III of the ADA. 42 U.S.C. § 12181(7)(E)(“grocery store . . . or other sales . . . establishments”) & (F)(“gas station”).

5.     APEC is the current owner/operator of the Stations and, as such, is a public accommodation covered by title III, 28 C.F.R. § 36.104. The Stations were purchased/ leased after the ADA’s effective date and have not been altered since, except to make modifications under the ADA.

6.     APEC agrees to undertake barrier removal, as outlined in this Settlement Agreement, to ensure that individuals with disabilities, including individuals who use wheelchairs, have an opportunity equal to that of non-disabled individuals to enjoy the services of the Stations. The parties have determined that this matter can be resolved without the costs of litigation and agree to the terms of this Settlement Agreement.

7.     In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter except as provided in ¶ 12 below.

REMEDIAL ACTIONS

8.     The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the ADA Standards for Accessible Design (Standards) will be used as a guide for the purposes of this Agreement. The Standards appear at 28 C.F.R. Part 36, Appendix A.

9.     APEC has renovated the Ocala Chevron Station to make accessible in compliance with the Standards the following building elements and spaces: approach/entrance to the Station, parking, access to goods and services, access to rest rooms, doors, doorways, stalls, lavatories, and dispensers.

10.     APEC agrees to take the following actions as expeditiously as possible but no longer than three (3) years from the effective date of this Agreement:

a. Inverness Chevron Station

i. Accessible Parking

The Station has 6 customer parking spaces, and does not provide one accessible parking space. The Station shall provide at least one van accessible space with an 96-inch-wide space with minimum 96 inches-wide access aisle, and 98 inches of vertical clearance that complies with Standards 4.6.1- 4.6.3. The Station shall add a sign marked with the International Symbol of Accessibility and “van accessible” sign, placed 84 inches from the ground to the bottom of the sign that complies with Standard 4.6.

ii. Entrance

The Station's entry configuration does not provide the required amount of maneuvering space for a person using a wheelchair. The Station shall provide a maneuvering space of 36 inches-clear width for forward movement, and a 5-foot turning circle diameter or T-shaped clear space to make turns for entering and exiting the store that complies with Standards 4.2.-4.3.

iii. Access to Goods and Services

The Station's layout does not allow persons with disabilities to obtain materials or services without assistance. Rearrange furnishings such as display racks and counters to clear aisles of at least 36 inches wide and to provide clear floor space for two 5-foot turning circle diameters or a T-shaped spaces that comply with Standards 4.2 - 4.3, at the front store counter and in the back of the store to allow a person using a wheelchair to reverse direction.

v. Access to Rest Room, Door, and Doorway

The only public rest room at the Station is inaccessible to persons with disabilities. The rest room lacks tactile signage identifying the rest room. The Station shall add accessible signage, placed to the side of the doors, 60 inches to centerline. The door does not have a doorway of at least 32 inches. The Station shall widen the doorway to at least 32 inches measured between the face of the door and the opposite stop and compliant with Standard 4.13.5. The door is equipped with handles less than 48 inches high. The Station shall raise the handle to 48 inches. The door handle requires tight grasping, tight pinching, or twisting of the wrist to operate. The Station shall replace it with a handle that complies with Standard 4.13.9. The Station shall adjust or replace the door closer with one using 5 lbf maximum force. All the modifications shall comply with Standards 4.1, 4.2, 4.13, 4.30.

vi. Toilet

The size and arrangement of the rest room does not provide the required amount of clear floor space (36 inches by 48 inches) in front of the toilet. The Station shall provide the clear floor space. There are no grab bars behind and on the side wall nearest to the toilet. The Station shall add grab bars that comply with Standard 4.17.6. The toilet seat is not 17 to 19 inches high. The Station shall provide a toilet seat that complies with Standard 4.16.3. There is no toilet paper dispenser. The Station shall add a dispenser that complies with Standard 4.17.

vii. Lavatory

The lavatory in the rest room is inaccessible to persons with disabilities. In the rest room, the lavatory is mounted with the rim or counter surface higher than 34 inches above the finished floor and it lacks the necessary 29 inch clearance above the finished floor to the bottom of the apron. The Station shall adjust or replace lavatory with the rim no higher than 34 inches and at least 29 inch clearance that complies with Standard 4.19. Hot water and drain pipes under the lavatories are exposed. The Station shall make sure hot pipes are covered and comply with Standard 4.19.4. The faucets require tight pinching, twisting or grasping. The Station shall replace them with controls that comply with Standards 4.19.4 and 4.27.4. The mirror is mounted with the bottom edge of the reflecting surface higher than 40 inches above the finished floor. The Station shall lower or tilt down the mirror. Soap and paper towel dispensers are mounted higher than 48 inches from the finished floor. The Station shall lower the dispensers. All modifications shall be done in compliance with the Standards 4.23, 4.24.

b. Dade City CITGO Station

i. Accessible Approach/Entrance.

The Station does not provide a level landing at the top and bottom of the ramp on the accessible route to the front entrance. The Station shall provide a level landing at least 60 inches long at the top and bottom of the ramp, lengthen the ramp and otherwise modify the ramp to comply with Standard 4.8.

ii. Accessible Parking

The Station has 8 customer parking spaces, including one designated accessible parking space. The Station shall reconfigure the spaces to provide at least one van accessible space with a 96 inch-wide space with minimum 96 inch-wide access aisle, and 98 inches of vertical clearance, and all modifications shall comply with Standard 4.6. The Station shall add a sign marked with the International Symbol of Accessibility and “van accessible” sign, placed 84 inches from the ground to the bottom of the sign in compliance with Standard 4.6.4.

iii. Entrance

The Station's entry configuration does not provide the required amount of maneuvering space for a person using a wheelchair. The Station shall provide a maneuvering space of 36 inches-clear width for forward movement, and a 5-foot turning circle diameter or T-shaped clear space to make turns for entering and exiting the store that complies with Standards 4.2, 4.3.

iv. Access to Goods and Services

The Station's layout does not allow people with disabilities to obtain materials or services without assistance. The Station shall rearrange furnishings such as display racks and counters to provide clear aisles of at least 36 inches wide and to provide clear floor space for two 5-foot turning circle diameters or T-shaped spaces at the front store counter and in the back of the store to allow a person using a wheelchair to reverse direction.

v. Access to Rest Room, Door, and Doorway

The only public rest room at the Station is inaccessible to persons with disabilities. The rest room lacks tactile signage identifying the rest room. The Station shall add accessible signage, placed to the side of the door, 60 inches to centerline. The door does not have a doorway of at least 32 inches. The Station shall widen the doorway to at least 32 inches measured between the face of the door and the opposite stop and compliant with Standard 4.13.5. The door is equipped with handles less than 48 inches high. The Station shall raise the handle to 48 inches. The door handle requires tight grasping, tight pinching, or twisting of the wrist to operate. The Station shall replace it with a handle that complies with Standard 4.13.9. The Station shall adjust or replace the door closer with one using 5 lbf maximum force. All the modifications shall comply with Standards 4.1, 4.2, 4.13, 4.30.

vi. Lavatory

The lavatory in the rest room is inaccessible to persons with disabilities. In the rest room, the lavatory is mounted with the rim or counter surface higher than 34 inches above the finished floor and it lacks the necessary 29 inch clearance above the finished floor to the bottom of the apron. The Station shall adjust or replace lavatory with the rim no higher than 34 inches and at least 29 inch clearance that complies with Standard 4.19. Hot water and drain pipes under the lavatories are exposed. The Station shall make sure hot pipes are covered and comply with Standard 4.19.4. The faucets require tight pinching, twisting or grasping. The Station shall replace them with controls that comply with Standards 4.19.4 and 4.27.4. The mirror is mounted with the bottom edge of the reflecting surface higher than 40 inches above the finished floor. The Station shall lower or tilt down the mirror. Soap and paper towel dispensers are mounted higher than 48 inches from the finished floor. The Station shall lower the dispensers. All modifications shall be done in compliance with the Standards 4.23, 4.24.

11.     Within one year of the effective date of this Agreement, APEC will submit an annual report to the Department summarizing the actions it has taken pursuant to this Agreement. The report will include detailed photographs of the architectural modifications required by this Agreement and will clearly show the dimensions of the various elements and spaces so that compliance with the Standards may be determined.

ENFORCEMENT

12.     The Department may review compliance with this Agreement at any time. If the Department believes that APEC has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a modification of the relevant terms, the Department will so notify APEC in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution within twenty-first (21) days of the date it provides written notice to APEC of a breach of the Agreement, it may institute a civil action in federal district court to enforce the terms of this Agreement.

13.     For purposes of the immediately preceding paragraph, it is a violation of this Agreement for APEC to fail to comply in a timely manner with any of its requirements without obtaining sufficient advance written agreement with the Department for an extension of the relevant time frame imposed by the Agreement.

14.     Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

15.     This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect APEC's continuing responsibility to comply with all aspects of the ADA.

16.     This agreement shall be binding on APEC and the Stations, and their agents and employees. In the event APEC seeks to transfer or assign all or part of its interest in any facility covered by this agreement, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale APEC shall obtain the written accession of the successor or assign to any obligations remaining under this agreement for the remaining term of this agreement.

17.     This Agreement will remain in effect for three (3) years from the effective date of this Agreement.

18.     The person signing this document represents that he or she is authorized to bind each party to this Agreement.

19.     This Settlement Agreement constitutes the entire agreement between the parties relating to Department of Justice No. 202-17M-237 and no other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Settlement Agreement, including its attachments, shall be enforceable.
20.     The effective date of this Agreement is the date of the last signature below.

For Automated Petroleum & Energy Co. Inc.d/b/a Inverness and Ocala Chevron Stations and Dade City CITGO Station:
For the United States:

By:__________________________
WILLIAM D. MCKNIGHT
President

WAN J. KIM
ASSISTANT ATTORNEY GENERAL

By:______________________________
JOHN L. WODATCH, Section Chief
RENEE M. WOHLENHAUS, Deputy Chief
ROBERT J. MATHER, Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave., N.W.
Washington, DC 20535

Date: ____3/22/2006____________
Date: ____3/22/2006______________

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