VOLUNTARY COMPLIANCE AGREEMENT
Between
THE UNITED STATES OF AMERICA
And
MCQUEEN HISTORIC PROPERTIES
DJ# 202-22-74

WHEREAS, this agreement is entered into between the United States Attorney’s Office for the District of Idaho, acting on behalf of the United States of America (the “United States”) and the McQueen Historic Properties, LLC (“McQueen”);

WHEREAS, the Americans with Disabilities Act of 1990, as amended (“ADA”), 42 U.S.C.    12181-12189, provides, among other things, that “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation,” 42 U.S.C.   12182(a); 28 C.F.R.   36.201(a);

WHEREAS, the ADA authorizes the United States Department of Justice to “undertake periodic reviews of compliance of covered entities[.]”  42 U.S.C.   12188(b)(1)(A)(i).

WHEREAS, pursuant to its authority under 42 U.S.C.   12188(b)(1)(A)(i), the United States requested information from McQueen, which operates the common elements of the property located at 1224 1st Street South in Nampa, ID (the “First Street Market”);

WHEREAS, the United States conducted an accessibility site inspection of certain features and facilities within the property;

WHEREAS, the United States and McQueen share the goal of ensuring that the First Street Market is in compliance with Title III of the ADA and its implementing regulations, 28 C.F.R. part 36; and

WHEREAS, in light of the actions taken by McQueen to date to comply with the ADA, the actions that McQueen has agreed to take as set forth in this Agreement (the “Agreement”), and in order to avoid the burden and expense of further investigation and possible litigation, the parties have reached an agreement that is in the parties’ best interests, and the United States believes is in the public interest, to resolve this matter on mutually agreeable terms.  The parties have therefore voluntarily entered into this Agreement;

NOW, THEREFORE, IT IS HEREBY AGREED, BY AND BETWEEN THE UNITED STATES OF AMERICA AND MCQUEEN, AS FOLLOWS: 

APPLICATION AND PARTIES BOUND

1. The First Street Market is a place of public accommodation within the meaning of 42 U.S.C.   12181(7) because it is a shopping center. McQueen owns, operates, leases or leases to the First Street Market, and is thus a public accommodation subject to the ADA’s requirements. 28 C.F.R.   36.104; 28 C.F.R.   36.201.
2. The First Street Market facility is an existing facility pursuant to Title III of the ADA.  Pursuant to the ADA, discrimination includes a failure to remove architectural barriers to access where it is readily achievable to do so.  42 U.S.C.   12182(b)(2)(A)(iv); 28 C.F.R.   36.304.
3. This Agreement shall apply to all public areas within the First Street Market.  This includes, but is not limited to: parking lots, sidewalks and walkways leading to individual offices.
4. If McQueen seeks to transfer or assign all or part of its interest in the First Street Market, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale McQueen shall obtain the written agreement of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement.
5. The term “2010 Standards” means the 2010 ADA Standards for Accessible Design, see 28 C.F.R.   36.104 (defining the 2010 ADA Standards as the requirements set forth in appendices B and D to 36 C.F.R. Part 1191 and the requirements contained in 28 C.F.R., part 36, subpart D).

PARKING AND ENTRANCES

6. The sixteen-space parking lot on the north side of the building is assigned tenant parking only.  Signage will be installed at the entrance and two conspicuous locations within the lot indicating:  “Assigned Parking - Tenant Only.”  The parking lot shall include a single van accessible space, access aisle and signage, which connects to an accessible route to the front entry.  2010 Standards   206, 208, 402 and 502.
7. McQueen will take the following steps at the front entrance:  remove center astragal in existing double doors and replace existing side latching push-bar hardware with new top and bottom latching push-bar hardware; install an automatic door opener, which opens both doors simultaneously; permanently fix the vestibule doors in an open position.  See 2010 Standards    206.4.1, 206.5, 404. McQueen will install signage at the rear and side doorways, directing patrons to the accessible front entrance and identify the front entrance with the International Symbol of accessibility. See 2010 Standards    216.6, 703.5.

ACCESSIBLE ROUTE

8. The interior of the First Street Market shall provide an accessible route throughout the building.  See 2010 Standards    206.4.5, 402, 404, Chapter 4. 
9. McQueen will modify Ramp No. 5 (as identified in the attached Exhibit A) to comply with the 2010 Standards and will reconstruct the ramp to provide a maximum slope of 1:12 and provide a handrail with the top of the gripping surface 34 inches minimum to 38 inches maximum above the walking surface on the west side of the ramp. See 2010 Standards    402, 405, 505.
10. McQueen will modify Ramp No. 6 (as identified in the attached Exhibit A) to comply with the 2010 Standards and will reconstruct the ramp to provide for a maximum slope of 1:12 with 60” by 60” level landings at the top and bottom of the ramp. See 2010 Standards    402, 405.
11. McQueen will provide beveled thresholds with a slope not steeper than 1:2 at the entrance doors to suites 201, 202, 203, 205, 206 and 208 to comply with 2010 Standards    404.2.5, 303.3.
12. McQueen will relocate fire extinguishers so they do not protrude more than 4 inches into the circulation path to comply with 2010 Standards    204.1, 307.2.

TOILET ROOMS

13. McQueen will convert the men’s toilet room on the first floor to a unisex accessible toilet room by removing the urinal, repositioning the sink and adding grab bars, signs, dispensers, etc., as required by the 2010 Standards.  The architectural changes are shown in Exhibit A.
14. McQueen will install signage at the other toilet rooms, directing visitors to the accessible toilet rooms. See 2010 Standards    216.8, 703.5, 703.7.2.1.

ALTERATIONS

15. Any future alteration to the First Street Market shall comply with the 2010 Standards to the maximum extent feasible. 

MONITORING AND COMPLIANCE

16. McQueen has commenced the remedial work, and it will be completed no later than November 1, 2018.  Once all of the remedial steps specified by this Agreement are completed, McQueen will provide to the United States a narrative report with photographs of the actions it has taken.
17. McQueen shall cooperate in good faith with any and all reasonable requests by the United States for access to the First Street Market and for information and documents concerning McQueen’s compliance with this Agreement and the ADA.
18. The United States shall have the right to verify compliance with this Agreement and the ADA, both as set forth in this Agreement and through any reasonable means available to the general public, including visits to the public areas of the First Street Market.

GENERAL PROVISIONS

19. In consideration for McQueen’s timely performance of all of its obligations under this Agreement, the United States agrees to close its investigation of the First Street Market (DJ No. 202-22-74), except as provided in the Enforcement portion of this Agreement.  The United States reserves the right to investigate any complaint it receives concerning the First Street Market, to initiate future compliance reviews concerning the First Street Market with respect to any aspect of the First Street Market or its operation not expressly addressed in this Agreement.  In the event the United States receives and investigates an ADA complaint concerning the First Street Market, or commences any future compliance review concerning the First Street Market, nothing in this Agreement shall limit the scope of any investigation or compliance review of the First Street Market or preclude the United States from seeking relief beyond that required under this Agreement.
20. A copy of this Agreement shall be made available to any person upon request and will be available on ada.gov.
21. The effective date of this Agreement is the date of the last signature on the Agreement.  This Agreement will remain in effect until the later of (a) one year from the effective date, or (b) until the parties agree that full compliance with this Agreement by the Restaurant has been achieved.
22. This Agreement memorializes the commitments made by McQueen to increase accessibility of the First Street Market and the terms under which the United States has agreed to conclude this particular investigation of the First Street Market without further review or enforcement action.  This Agreement is not intended to certify or signify, however, that the First Street Market is now (or, with the actions taken pursuant to this Agreement, will be) in full compliance with the ADA, or to constitute a finding by the United States of such compliance, and it may not be used in any proceeding to signify such compliance.  This Agreement does not affect McQueen’s continuing responsibility and obligation to comply with all aspects of the ADA.  
23. The individuals signing this Agreement represent that they are authorized to bind the parties to this Agreement.
24. Failure by the United States to enforce the entire Agreement with regard to any deadline or any other provision of the Agreement, shall not be construed as a waiver of its right to enforce other deadlines or provisions of the Agreement.
25. This Agreement constitutes the entire agreement between the parties relating to the complaint, 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 Agreement, shall be enforceable.
26. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same Agreement.  Electronically transmitted signatures shall constitute acceptable, binding signatures for purposes of this Agreement.