SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA AND
UDOLF 631, LLC
DJ# 202-14-218

The parties to this agreement (“Agreement”) are the United States of America and Udolf 631, LLC (“Udolf”).  The parties hereby agree as follows:

I. BACKGROUND AND JURISDICTION

1. Udolf is the owner of both the building and premises at 631 Quaker Lane South, West Hartford, Connecticut and landlord to the Quaker Lane Office (the "Quaker Lane Office") of ProHealth Physicians, Inc. ("ProHealth").
2. The United States Attorney's Office for the District of Connecticut, a component of the United States Department of Justice ("United States"), opened an investigation of Udolf pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12181-12189, as amended. The United States initiated its investigation upon the receipt of a complaint from an individual regarding lack of access at the Quaker Lane Office of ProHealth.
3. The United States is authorized to investigate alleged violations of Title III of the ADA. Moreover, the United States is authorized, where appropriate, to use alternative means of dispute resolution, including settlement negotiations to resolve disputes. If resolution is not achieved, the United States may bring a civil action in federal court in any case where the Attorney General has reasonable cause to believe that a pattern or practice of discrimination exists or where the case raises an issue of general public importance. 42 U.S.C. §§ 12188(b), 12212; 28 C.F.R. §§ 36.502, 36.503, 36.506.
4. Title III of the ADA mandates that "[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, 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).
5. The Quaker Lane Office is a place of public accommodation within the meaning of Title III because it is a "professional office of a health care provider." 42 U.S.C. § 12181(7)(F). Udolf, as the landlord of the Quaker Lane Office of ProHealth, is a "public accommodation" pursuant to the ADA. 28 C.F.R. 36.201(b).
6. The Quaker Lane Office, the building owned by Udolf, in which the ProHealth is a tenant, was constructed for first occupancy after January 26, 1993, and is new construction within the meaning of 28 C.F.R. § 36.401. Newly constructed facilities must comply with the new construction standards of the ADA, unless structurally impracticable. 42 U.S.C. § 12183; 28 C.F.R. § 36.401(c). When constructed, the building was constructed as two separate office suites with no interior connection. Alterations to the exterior of the facility include parking lot restriping in 2016 and sidewalk paving and regrading in 2013 and 2015. A platform lift was installed in 2009 to connect Suite A located on the upper level to Suite B located on the lower level.
7. The United States reviewed information and construction documents regarding the Quaker Lane Office provided by Udolf and ProHealth, and conducted a site visit of the Quaker Lane Office on March 30, 2017. The United States used the ADA Standards for Accessible Design, including the 1991 Standards and the 2010 ADA Standards as defined in 28 C.F.R. § 36.104, to identify ADA violations, which were shared with Udolf.

II. REMEDIAL ACTIONS TO BE TAKEN BY UDOLF

A. Udolf will make the following modifications to improve accessibility for individuals with disabilities in the parking facilities of the Quaker Lane Office:

1. Van Accessible Space
   1. Within two months of the execution of this Agreement, Udolf shall restripe the parking lot of the Quaker Lane Office to include at least one van accessible parking space on the shortest accessible route to the entrance to the tenant business in accordance with §§ 208.2, 208.2.4 and 502.1.
   2. The new van accessible parking space shall comply with all applicable requirements of §§ 208, 216.5, 502, and 703, including, but not limited to:
      1. ensuring the space is at least 132 inches wide minimum, marked to define the width, with an adjacent access aisle complying with § 502.3; and
      2. posting a sign identified with the International Symbol of Accessibility to be mounted at least 60 inches above the ground surface measured to the bottom of the sign with the words "Van Accessible" prominently displayed on the sign.
2. Front Parking Space near Suite A
   1. Within two months of the execution of this Agreement, Udolf shall:
      1. relocate the accessible space to be on the shortest accessible route to an accessible entrance in accordance with §§ 208.3 and 502.1, restriping as required;
      2. ensure that the access aisle is a minimum of 60 inches wide, extending the full length of the parking space served and be marked so as to discourage parking in it in accordance with §§ 208.2, 502.2 and 502.3; and
      3. ensure that the running slope of the designated accessible parking space is no steeper than 1:48 in accordance with §§ 208.2, 502.1 and 502.4.
3. Rear Parking Space near Suite A Entrance
   1. Within two months of the execution of this Agreement, Udolf shall:
      1. restripe to ensure that the rear parking space near Suite A entrance has an access aisle that is 60 inches wide minimum, extending the full length of the parking space and is marked so as to discourage parking in the aisle in accordance with §§ 208.2, 502.2 and 502.3; and
      2. post a sign identified with the International Symbol of Accessibility to be mounted at least 60 inches above the ground surface measured to the bottom of the sign in accordance with §§ 216.5 and 502.6.
4. Route from Rear Parking to Suite A Entrance
   1. Within two months of the execution of this Agreement, Udolf shall either remove the light fixture which is currently protruding more than 4 inches horizontally into the circulation path or shall raise the light fixture so that it is more than 80 inches above the finish floor in accordance with §§ 204.1 and 307.2.
   2. Within four months of the execution of this Agreement, Udolf will regrade the sidewalk on the route from the rear parking to the Suite A entrance so that the cross slope of the walking surface is not steeper than 1:48 in accordance with §§ 206.2.1, 402.2 and 403.3.
5. Front Parking Space Near Suite B Entrance
   1. Within two months of the execution of this Agreement, Udolf shall:
      1. relocate the front parking space near the Suite B entrance to be on the shortest accessible route to the entrance complying with § 206.4 in accordance with §§ 208.3 and 502.1, restriping as necessary; and
      2. ensure that, upon any necessary restriping, the access aisle is a minimum of 60 inches wide, extending the full length of the parking space, and is marked to discourage parking in the aisle in accordance with §§ 208.2, 502.2 and 502.3.
6. Route from Front Parking Space to Suite B Entrance
   1. Within six months of the execution of this Agreement, Udolf shall line the current concrete walkway with permanent planters or a planting bed such that the accessible route shall be on the paved part of the driveway instead of on the concrete walkway. Udolf shall ensure that, in creating the new accessible route, there remains sufficient maneuvering clearance at all accessible entrance doors.

B. Udolf will make the following modifications to improve accessibility for individuals with disabilities in Suite A and Suite B of the Quaker Lane Office:

1. Suite A and Suite B Entrances
   1. Within two months of the execution of this Agreement, Udolf shall either remove the light fixture which is currently protruding more than 4 inches horizontally into the circulation path near the Suite B entrance door or shall raise the light fixture so that it is more than 80 inches above the finish floor in accordance with §§ 204.1 and 307.2.
   2. Within four months of the execution of this Agreement, Udolf shall ensure that there is a slope not steeper than 1:48 within the required maneuvering clearances on the pull side of the Suite A and Suite B entrance doors in accordance with §§ 206.4.1, 206.5.1, and 404.2.4.4, Exception 1.
   3. Within four months of the execution of this Agreement, Udolf shall ensure that the threshold of the Suite B entrance door is ½ inch high maximum and that any change in level between ¼ inch high minimum and ½ inch high maximum is beveled with a slope not steeper than 1:2 in accordance with §§ 206.4.1, 206.5.1, 404.2.5 and 303.3.
2. Waiting Room Toilet Room
   1. Promptly, but no later than one month following the execution of this Agreement, Udolf shall ensure that the force for pushing or pulling open the waiting room toilet door is 5 pounds maximum in accordance with §§ 206.5.2 and 404.2.9.
   2. Within two months of the execution of this Agreement, Udolf shall ensure that the centerline of the water closet in the waiting room toilet is 16 inches minimum to 18 inches maximum from the side wall or partition in accordance with §§ 213.2, 213.3.2 and 604.2.
3. Corridor
   1. Promptly, but no later than one month following the execution of this Agreement, Udolf shall ensure that the force for pushing or pulling open the corridor door is 5 pounds maximum in accordance with §§ 206.5.2 and 404.2.9.
   2. Within two months of the execution of this Agreement, Udolf shall ensure that the physician offices check-out counter has toe clearance extending a minimum of 17 inches under the counter in accordance with §§ 227.3, 904.4, 305 and 306.
4. Patient Toilet Room
   1. Within two months of the execution of this Agreement, Udolf shall ensure that:
      1. the flush control in the patient toilet room is moved to the open side of the water closet in accordance with §§ 213.2, 213.3.2 and 604.6; and
      2. the mirror located above the lavatory in the patient toilet room is installed with the bottom edge of the reflecting surface 40 inches maximum above the finish floor in accordance with §§ 213.2, 213.3.4 and 603.3.

C. Alterations

1. Any future alterations, as defined in 42 U.S.C. §12183 and 28 C.F.R. § 36.402(b), made to the Quaker Lane Office shall comply in all respects with the ADA, its implementing regulations, and the 2010 Standards, as such statute, regulations, and Standards are in effect as of the date that alterations begin.
2. If an alteration affects or could affect the usability of or access to an area of the facility that contains a primary function, that alteration shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered areas are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration. 42 U.S.C. § 12183(a); 28 C.F.R. § 36.403.

III. IMPLEMENTATION AND ENFORCEMENT OF AGREEMENT

1. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil suit for failure to comply with Title III of the ADA at the Quaker Lane Office; provided, however, that the United States reserves the right to file a civil lawsuit to enforce this Agreement.
2. The United States does not assert that this Agreement or the modifications contemplated herein will bring the Quaker Lane Office into compliance with all aspects of the ADA, and nothing in this Agreement is intended to constitute an interpretation of the legal requirements of the ADA by the United States. Rather, the parties enter into this Agreement for the purpose of compromising disputed claims and avoiding the risk and expenses of litigation. This Agreement is a compromise and it shall not be used or introduced into evidence in any other case or proceeding other than between the parties to this Agreement.
3. The United States may review compliance with this Agreement at any time. Upon reasonable advance notice, Udolf shall permit the United States and any person acting on its behalf unlimited access to the property to review compliance with the ADA and this Agreement.
4. If the United States believes that Udolf has violated this Agreement or any requirement thereof, it agrees to notify in writing counsel for Udolf, Attorney Scott P. Consoli, Ford & Paulekas, LLP, 280 Trumbull Street, Hartford, Connecticut, 06103, of the specific violation(s) alleged. Udolf shall have 30 days from receipt of the notice by its counsel to cure the alleged violations and/or respond in writing to the United States.
5. Udolf shall provide certifications to the United States, every six months until full compliance with this Agreement is achieved, in the form of a narrative report and photos showing that the items within this Agreement that Udolf has agreed to correct have been so corrected. Udolf shall include as an exhibit copies of any complaint, whether formal or informal, received during the reporting period alleging that Udolf did not comply with the ADA or that individuals with disabilities at the Quaker Lane Office were subject to discrimination on the basis of disability. The parties expressly agree that providing such certifications is essential to the enforcement of this Agreement, and that a failure to provide the certifications required by this paragraph constitutes a breach of this Agreement.
6. All notices, demands, reports or other communication to be provided to the United States pursuant to this Agreement shall be in writing and delivered by U.S. mail or electronic mail to the following:

   Jessica H. Soufer, Assistant U.S. Attorney
   U.S. Attorney's Office
   157 Church Street, 25th Floor
   New Haven, CT 06510
   email: jessica.soufer@usdoj.gov

7. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person.
8. Failure by the United States 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 its right to do so with regard to other deadlines and provisions of this Agreement.
9. 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 is limited to the facts set forth herein and it does not purport to remedy any other potential violations of the ADA, including violations of the alterations or new construction provisions of the ADA, or any other Federal law. This Agreement does not affect the continuing responsibility of Udolf to comply with all aspects of the ADA.
10. If any provision of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the United States and Udolf shall engage in good faith negotiations in order to adopt such mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed-upon relative rights and obligations.
11. A signor of this document in a representative capacity for an entity represents that he or she is authorized to bind such entity to this Agreement.
12. In the event Udolf seeks to transfer or assign all or part of its interest in the Quaker Lane Office, as a condition of sale, lease or assignment, Udolf shall obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of the Agreement.
13. The Effective Date of this Agreement is the date of the last signature below. This Agreement shall remain in effect for three years from the Effective Date.