SETTLEMENT AGREEMENT REGARDING ACCESS FOR INDIVIDUALS
WITH DISABILITIES TO THE LEASING OFFICE OF THE STONERIDGE AT
GERMANTOWN FALLS APARTMENTS, MEMPHIS, TENNESSEE
I. THE PARTIES
- The parties to this Settlement Agreement are the United States of America and Northland Germantown Falls LLC (hereinafter "Northland"). The parties hereby agree as follows:
- This Agreement is reached under Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §12181 et seq., and its implementing regulations (including the ADA Standards for Accessible Design, 28 C.F.R. pt. 36, Appendix A ("Standards")).
- Northland Germantown Falls LLC. owns and/or operates the leasing office of the StoneRidge at Germantown Falls Apartments located at 4045 Riverdale Road, Memphis, Tennessee.
- The leasing office of the StoneRidge at Germantown Falls Apartments is a place of public accommodation within the meaning of 42 U.S.C. §12181(7)(E) and 28
C.F.R. § 36.104. Northland Germantown Falls LLC, is also a public
accommodations within the meaning of 42 U.S.C. §12181 (7)(E) and 28 C.F.R.
§ 36.104, in that Northland Germantown Falls LLC owns, leases, leases to, or
manages the leasing office of the StoneRidge at Germantown Falls Apartments.
- The United States conducted an investigation of a complaint alleging that
Northland Germantown Falls LLC, has failed to remove several barriers to access
both leading to and within the leasing office of the StoneRidge at Germantown
- As a result of its investigation the United States has determined that Northland
Germantown Falls LLC has failed to remove several barriers to access leading into
and within the leasing office of the StoneRidge at Germantown Apartments within
the meaning of 42 U.S.C. §12182(b)(2)(A)(iv); 28 C.F.R. §36.304.
- The parties have determined that their respective interests can be met without
engaging in protracted litigation, and this Agreement is entered into in order to
provide access to persons with disabilities, and to avoid the costs as well as the
burdens of litigation.
III. BARRIER REMOVAL ACTIONS TO BE TAKEN BY
NORTHLAND GERMANTOWN FALLS LLC
- Northland Germantown Falls LLC shall undertake the following actions within 90
days of the effective date of this agreement:
- To remove the barrier at the front entrance to the leasing office created by
abrupt level change of two inches, Northland will install a concrete pad
on top of the existing pad to form a level landing at the entrance on grade
with the level of the existing threshold, consistent with the requirements of
§ 4.3.8 and 4.5.2 of the Standards.
- To correct the lack of access to the after hours drop box, Northland will relocate the drop box to the wall adjacent to the front entrance on the right, such that the operable part of the drop box is 48 inches from the finished floor on the exterior side, consistent with the requirements of §4.2.5 of the Standards.
- To create accessible parking, Northland will designate and stripe a van accessible parking space in the parking area to the south of the leasing office consistent with the requirements of § 4.1.2(5) and § 4.6.1 through
4.6.5 of the Standards.
- To create an accessible route from the front entrance of the leasing office to the new van-accessible parking space, Northland shall construct a sidewalk from the new front entrance pad at the front entrance to the curb south of the new van-accessible parking space, and along the curb over to the existing curb cut adjoining the access aisle of the new van-accessible parking space, including a five foot by five foot pad at the 90 degree turn in the sidewalk, consistent with the requirements in § 4.3, 4.4, and 4.5 of the Standards.
- To direct the public to the accessible parking and the accessible route to the front entrance of the leasing office, Northland shall install a directional sign at the curb in front of the leasing office.
- To remove the barrier at the lower level entrance of the leasing office building leading from the pool, Northland shall install a ramp consistent with the requirements of § 4.8 of the Standards.
- To remove the barrier to access to the entrance to the men's and women's restrooms on the lower level of the leasing office, Northland shall remove and replace the entry door units and replace the doors with the swing reversed in order to provide the pull side maneuvering clearance required by § 4.13.6 and Fig. 25 of the Standards. In addition, Northland shall remove the existing water fountain adjacent to the entrance to the restrooms.
- To create accessible restrooms on the lower level of the leasing office, Northland shall combine two toilet stalls in order to provide one accessible toilet stall by removing the stall partitions in between two toilet stalls in the existing restrooms, removing one of the water closets in each restroom, resetting the remaining water closet, and installing grab bars, consistent with the requirements of § 4.17 4.16 of the Standards. In addition, Northland shall install locksets on each entry door.
- To remove barriers to access to the lavatories in the restrooms on the lower
- To remove barriers to access to the lavatories in the rest room on the lower level of the leasing office, Northland shall remove excess material from the lavatory aprons in order to provide the clearance required by § 4.19.2 of the Standards for the underside of the lavatories, and shall install drain and supply protection kits in compliance with § 4.19.4 of the Standards.
IV. ENFORCEMENT AND MISCELLANEOUS PROVISIONS
- In consideration for this Settlement Agreement, the United States agrees to refrain from filing any civil lawsuit based upon the facts alleged herein, provided, however, that the United States reserves the right to file a civil lawsuit to enforce this agreement or any provision thereof in accordance with the provisions of paragraph 11 of this agreement.
- No later than 60 days after completing the barrier removal provided for in Section III. 8. Northland Germantown Falls LLC shall certify to the United States, in writing, that it has fulfilled all of its obligations under this Settlement Agreement. The certification shall set out each of the obligations and shall describe the steps Northland Germantown Falls LLC has taken to fulfill these obligations. Northland Germantown Falls LLC shall provide the United States with written documentation evidencing its completion of all corrective actions in sufficient detail for the United States to confirm independently that all work has been done in conformance with the parties' agreement. Such evidence may include, but is not limited to, color photographs, purchase orders, permits, and/or architectural drawings, if necessary. Northland Germantown Falls LLC will allow representatives of the United States access to its facility so that the United States may monitor compliance with the certification and this Agreement.
- The United States may review compliance with this Agreement at any time and may enforce this Agreement if the United States believes that it or any requirement thereof has been violated. Within 60 days of receipt of Northland's certification, the United States will advise Northland in writing that it deems Northland to have complied with the terms of this Settlement Agreement or specify why it deems Northland not to be in compliance with the Settlement Agreement. If the United States believes that this Agreement or any portion of it has been violated, it will raise its concern(s) with Northland Germantown Falls LLC and the parties will attempt to resolve the concern(s) in good faith. The United States will give Northland Germantown Falls LLC 30 days from the date it notifies and Northland Germantown Falls LLC of any breach of this Agreement to cure that breach, prior to instituting any court action. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to Northland Germantown Falls LLC it may institute a civil action in federal district court to enforce the terms of this Agreement or title III, and may, in such action, seek any relief available under law. The parties to this agreement hereby stipulate that the United States District Court for the Western District of Tennessee located in Memphis, Tennessee shall have both jurisdiction and venue over any dispute between the parties of this agreement.
- Failure by the United States Department of Justice to enforce this Agreement, or any provision thereof, with regard to any deadline or any other provision shall not be construed as a waiver of its right to do so with regard to other deadlines and
provisions of this Agreement.
- A copy of this document, or any information contained therein, will be made available to any person upon request.
- The effective date of this Agreement is the date of the last signature below.
- This Agreement shall be binding on Northland Germantown Falls LLC, its agents and employees. In the event Northland Germantown Falls LLC 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 Northland Germantown Falls LLC shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.
- This Agreement constitutes the entire agreement between the United States of
America and Northland Germantown Falls LLC, 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, not contained in this written Settlement Agreement, shall be enforceable.
- This Settlement Agreement is limited to the facts set forth in it. This Agreement
does not purport to remedy any other potential violations of the ADA or any other
- The signors of this Settlement Agreement on behalf of the parties represent that
they are authorized to bind the above-captioned parties to this Settlement
- Notices of any kind required or contemplated under this Agreement shall be made
by mailing the same via United States Postal Service, first class certified mail,
return receipt requested, and notice shall be deemed given on the date of receipt of
the same. Notices to the United States Attorney's Office shall be mailed to the
address in the signature block below of the undersigned Assistant U.S. Attorney.
Notices to Northland Germantown Falls LLC shall be mailed to c/o Alan Harkavy,
Suite 140, 6060 Poplar Avenue, Memphis, Tennessee, 38119.
- If any term in the Agreement is found by a court to be unenforceable, the other terms of this Agreement shall remain in full force and effect, provided, however, that if severance of any provision materially alters the rights and obligations of the parties, the parties shall engage in good faith negotiations to restore the as closely as possible the mutually agreed upon allocation of rights and remedies.
- Deadlines listed in this Agreement which fall on weekends or holidays will be extended to the next business day.
- This Agreement shall be in effect until the United States issues its determination of compliance with the agreement by Northland.
|For the United States of America:
LLC Lawrence J. Laurenzi
United States Attorney
|For Northland Germantown Falls LLC
By: Gary A. Vanasek
Assistant U.S. Attorney
Suite 800,167 N.
Main Street Memphis, TN 38103
Suzanne Abair, Secretary
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April 23, 2010