Department of Justice FOR IMMEDIATE RELEASE CR THURSDAY, MARCH 3, 1994 (202) 616-2765 JUSTICE DEPARTMENT SETTLEMENT ENSURES ACCESS TO EMPIRE STATE BUILDING BY PEOPLE WITH DISABILITIES WASHINGTON, D.C. -- People with disabilities will have an easier time visiting the Empire State Building under an agreement announced today by the Justice Department. Today's agreement resolves a complaint filed with the Justice Department alleging that the 102-story skyscraper failed to provide proper access, in violation of the Americans with Disabilities Act (ADA), to the public areas of the building. Under Title III of the ADA, existing places of public accommodation, like the Empire State Building, must remove architectural barriers where it is readily achievable to do so. "When the Empire State Building was built, it stood as a symbol of how much we all could achieve, and now everyone should have the chance to see it," said Attorney General Janet Reno. "The ADA opens all facets of American life to people with disabilities -- what better place than this to show how the law can work." The agreement mandates changes to the lobby, entrance, and observation decks, but does not cover any privately leased office 01-06539 space in the building. Under the agreement the owners and operators of the New York landmark will: * Install automatic doors at the Fifth Avenue entrance and provide adequate curb cuts at that location. * Lower portions of the tourist ticket counter and lobby concierge desk to make them accessible to people who use wheelchairs. * Renovate the 86th and 102nd floor observation decks by providing ramps, installing accessible "periscopes", modifying the rest rooms, and lowering the public telephones and drinking fountains. * Adjust the elevator control panels so that they are accessible to people who use wheelchairs and people who are visually impaired. * Train their employees on the location of accessible routes and amenities in the building. Under the agreement, the Justice Department may seek civil penalties if the owners of the Empire State Building do not comply with its terms. "No persons with disabilities should ever be denied the chance to view the wondrous historic sites that this country offers," said Reno. "Our Department's continued vigorous enforcement of the ADA will ensure that many more historic sites will become accessible." "The owners of the building cooperated fully with the Justice Department from the start of the investigation," she added. # # # 94-100 01-06540 SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND THE OWNERS AND OPERATORS OF THE EMPIRE STATE BUILDING OF NEW YORK, NEW YORK FOR COMPLAINT BACKGROUND 1. This matter was initiated by a complaint filed with the United States Department of Justice ("the Department") against the owners and operators of the Empire State Building, located at 5th Avenue and 34th Street, New York, New York. The complaint was investigated by the Public Access Section, formerly known as the Office on the Americans with Disabilities Act, of the Civil Rights Division of the United States Department of Justice, under the authority granted by section 308(b) of the Americans with Disabilities Act ("ADA" or the "Act"), 42 U.S.C.  12188. The complaint alleged that the Empire State Building was operating in violation of the ADA because its owners and operators failed to remove architectural barriers where such removal was readily achievable. THE PARTIES 2. The parties to this agreement are the United States of America; Empire State Building Co.; and Helmsley-Spear, Inc., their parent companies, subsidiaries, employers, agents, and all others representing or doing business as or on behalf of Helmsley-Spear, Inc., or Empire State Building Co., or their parent companies or subsidiaries. 3. The parties enter into this settlement agreement in order to avoid litigation and hereby agree as follows: 4. The Empire State Building ("ESB" or "the Building") is managed by Helmsley-Spear, Inc., and operated by Empire State Building Co. ("ESB Co."), a partnership under the laws of the State of New York. 5. As owners and operators of the ESB, ESB Co. and Helmsley-Spear, Inc., maintain the building, make repairs, provide cleaning and security services, and supervise and contract for structural modifications. 6. Space in the ESB is leased to concession stands serving the observation decks on the 86th and 102nd floors and the ticket sales area on the concourse level which are places of public accommodation. 7. The ADA applies to the owners and operators of the ESB because they lease space to places of public accommodation, such as the concession stands serving the observation decks, and are, therefore, public accommodations, as defined in section 36.104 of the Department's regulation. 28 C.F.R.  36-104. 01-06541 8. The ADA applies to the owners and operators of the ESB because they operate the observation decks and are, therefore, public accommodations as defined in section 36.104 of the Department's regulation. 9. The observation decks on the 86th and 102nd floors of the ESB and the other facilities that serve them are places of public accommodation as defined in section 36.104 of the Department's regulation. FACTUAL HISTORY 10. Subsequent to January 26, 1992, the ESB operated with a front entrance, elevators, ticket counters (for access to the observation decks), observation decks, public restrooms, public telephones, drinking fountains, and signage that were inaccessible to persons with disabilities. 11. This settlement agreement provides for the removal of architectural barriers and the provision of auxiliary aids and services at the entrance, elevators, ticket counters, observation decks, public restrooms, public telephones, drinking fountains; and the provision of signage on the lobby and concourse levels, 80th, 86th, and 102nd floors of the Empire State Building. 12. The Department received a complaint dated January 27, 1992, from individuals with disabilities, alleging that the ESB was not in compliance with the ADA, because it had failed to remove barriers to access that existed in various parts of the building. 13. On March 24, 1992, representatives of the Department visited the ESB and observed numerous architectural barriers. Department representatives further observed that it was likely that the removal of many of these barriers was readily achievable. 14. At the time the complaint was filed, the curb ramps located on the sidewalks surrounding the ESB were inaccessible to people with disabilities, including those who use wheelchairs, because they had not been constructed or maintained properly. 15. At the time the complaint was filed, the curb entrance to the ESB, located on 5th Avenue, consisted of revolving doors and a pull door that was kept locked. This door could only be opened by ESB security personnel, who were not present at the door at all times. This entrance was, therefore, inaccessible to people with disabilities, including those who use wheelchairs. 16. At the time the complaint was filed, the signage located in the ESB lobby, indicating ticket booth locations, elevators, and routes to the observation decks, did not adequately indicate the accessible routes to these locations. 01-06542 3 17. At the time the complaint was filed, the permanent signage, designating restrooms, entrances, and exits, was not accessible to people who are blind or visually impaired, because it was not equipped with raised or braille characters. 18. At the time the complaint was filed, the concierge desk, located in the lobby of the ESB, was not accessible to people with disabilities, including those who use wheelchairs or are of short stature, because it was too high. 19. At the time the complaint was filed, the two public telephone banks located on the lobby level were inaccessible to people with disabilities, including those who use wheelchairs or who are deaf or hearing-impaired. 20. At the time the complaint was filed, the elevator cabs serving the lobby and concourse levels were equipped with controls that were not accessible to people with disabilities, including those who use wheelchairs, because the controls were too high. 21. At the time the complaint was filed, the elevator cabs serving the lobby and concourse levels were inaccessible to people who are blind or visually impaired, because the controls were not equipped with raised or braille characters. 22. At the time the complaint was filed, the elevator cabs serving the lobby and concourse levels were inaccessible to people who are blind or visually impaired, because the elevator hoistways had door jamb floor indicators that were not equipped with raised or braille characters. 23. At the time the complaint was filed, the elevator cabs serving the 80th floor, where the ticket taker for the observation decks is located, were equipped with controls that were not accessible to people with disabilities, including those who use wheelchairs, because the controls were too high. 24. At the time the complaint was filed, the elevator cabs serving the 80th floor, where the ticket taker for the observation decks is located, were inaccessible to people who are blind or visually impaired, because the controls were not equipped with raised or braille characters. 25. At the time the complaint was filed, the elevators serving the 80th floor, where the ticket taker for the observation decks is located, were inaccessible to people who are blind or visually impaired, because the elevator hoistways had door jamb floor indicators that were not equipped with raised or braille characters. 01-06543 4 26. At the time the complaint was filed, the ticket counter on the concourse level was inaccessible to people with disabilities, including those who use wheelchairs or are of short stature, because it was too high. 27. At the time the complaint was filed, the ticket line barriers located on the concourse level near the ticket counters were inaccessible to people with disabilities, including those who use wheelchairs, because they were positioned too close together to allow adequate space for people who use wheelchairs or other mobility aids to pass through. 28. At the time the complaint was filed, the two public telephone banks located on the concourse level were not accessible to people with disabilities, including those who use wheelchairs or who are deaf or hearing impaired. These telephones were not installed so as to be readily accessible to and usable by people with physical disabilities and were not equipped with equipment for use by people who are deaf or have hearing impairments. 29. At the time the complaint was filed, the turnstile on the 80th floor, where the ticket taker is located, was mounted so that it was inaccessible to people with disabilities, including those who use wheelchairs. 30. At the time the complaint was filed, the concession area on the 86th floor observation deck was inaccessible to people with disabilities, including those who use wheelchairs, because it was located up a number of stairs from the elevator landing. 31. At the time the complaint was filed, the upper indoor viewing platforms at the north and south sides of the interior 86th floor observation deck were inaccessible to people with disabilities, including those who use wheelchairs, because they were located up a number of stairs. 32. At the time the complaint was filed, the outdoor observation deck on the 86th floor was inaccessible to people with disabilities, including those who use wheelchairs, because it was located down a number of stairs from the indoor observatory. 33. At the time the complaint was filed, the view from the outdoor observation deck on the 86th floor could not be accessed by people with disabilities who use wheelchairs or who are of short stature because of a wall constructed on the outer rim. 01-06544 5 34. At the time the complaint was filed, the binoculars located on the outdoor observation deck on the 86th floor were not accessible to people with disabilities who use wheelchairs or who are of short stature, because they were mounted too high. 35. At the time the complaint was filed, the men's restroom located on the 86th floor observation deck was not accessible to people with disabilities, including those who use wheelchairs. 36. At the time the complaint was filed, the women's restroom serving the 86th floor observation deck was not accessible to people with disabilities, including those who use wheelchairs. 37. At the time the complaint was filed, the drinking fountains on the 86th floor observation deck were not accessible to people with disabilities, including those who use wheelchairs, because they were mounted too high and did not have adequate clearance space underneath. 38. At the time the complaint was filed, the public telephones located on the 86th floor observation deck were not accessible to people with disabilities, including those who use wheelchairs or who are deaf or hearing impaired. These telephones were not installed so as to be readily accessible to and usable by people with physical disabilities and were not equipped for use by people who are deaf or hearing impaired. 39. At the time the complaint was filed, the 102nd floor observation deck had an emergency staircase that opened directly into the center of the floor. There were no detectable warnings or barriers near this staircase to provide notice to persons who are blind or visually impaired. 40. At the time the complaint was filed, the 102nd floor observation deck was not fully accessible to people with disabilities, including those who use wheelchairs, because there was insufficient clearance space between the emergency staircase and the elevator. 41. At the time the complaint was filed, the view from the 102nd floor observation deck was inaccessible to people with disabilities, including those who use wheelchairs or who are of short stature, because of the height of the viewing windows. 42. At the time the complaint was filed, ESB personnel were inadequately trained to direct people with disabilities, including those who use wheelchairs, to accessible facilities, routes, and locations within the building. 01-06545 6 ACTIONS TO BE TAKEN BY THE OWNERS AND OPERATORS OF THE EMPIRE STATE BUILDING The Curb Ramps 43. The parties take no position as to whether it is readily achievable to remove the barriers to access located at the crosswalks surrounding the ESB by installing curb ramps at the intersections of 33rd and 34th Streets on 5th Avenue. 44. The owners and operators of the ESB agree: a. If permitted by the City of New York, to install curb ramps at the corners of 5th Avenue and 33rd Street and 5th Avenue and 34th Street in the sidewalk that immediately borders the property occupied by the ESB. These curb ramps are to be installed in accordance with the new construction standards for curb ramps set forth at section 4.7 of the Americans with Disabilities Act Accessibility Guidelines ("the Guidelines"), part of the Department's implementing regulation for title III. b. To maintain the curb ramps to be installed in accordance with paragraph 44.a. in good working condition, and to keep them clear of any debris or any other items that may interfere with their use by persons with disabilities, including those who use wheelchairs. c. To maintain a clear pathway on the curb ramps that are to be installed in accordance with paragraph 44.a., including during those times when inclement weather would make such clearance necessary for the curb ramps to be used safely by individuals with disabilities, including those who use wheelchairs. d. To complete the actions specified in paragraph 44.a., in accordance with the time schedule set forth in the rider attached hereto as Attachment A. e. To commence the actions specified in paragraphs 44.b. and 44.c. on or before the date when the actions specified in paragraph 44.a. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. 01-06546 7 The Front Entrance 45. The parties take no position as to whether it is readily achievable to remove the barriers to access at the front entrance to the ESB, located on 5th Avenue, by installing an automatic door that is activated by persons with disabilities entering or exiting the building. The parties agree, however, that it would be readily achievable to remove the barriers to access located at the front door by some other means. 46. The owners and operators of the ESB agree: a. To install two sets of automatic doors at the front entrance to the ESB located on 5th Avenue. These doors are to be constructed in accordance with the blueprints and plans attached hereto as Attachment B, and are to comply with the new construction standards for automatic doors set forth at section 4.13 of the Guidelines and the applicable sections of the American National Standards Institute's ("ANSI") standards, referenced at section 4.13.12 of the Guidelines and attached hereto as Attachment C. b. To maintain the automatic doors to be installed in accordance with paragraph 46.a. in good working condition. This includes, but is not limited to, entering into a maintenance and service contract for the prompt repair and routine maintenance of the automatic doors. c. To keep the landings on the interior and exterior of the building in front of the automatic doors that are to be installed in accordance with paragraph 46.a., as well as within the vestibule between the automatic doors, clear of debris or any other items that will interfere with their use by persons with disabilities, including those who use wheelchairs. d. To maintain a clear pathway to the automatic doors that are to be installed in accordance with paragraph 46.a. on the interior and exterior of the building, as well as within the vestibule between the automatic doors, including during such times when inclement weather would make such clearance necessary for the automatic doors to be used safely by individuals with disabilities, including those who use wheelchairs. e. To provide independent access through the automatic doors at all times that the building remains open. Such entry is not to be dependent on the actions of ESB staff, including but not limited to guards or other security personnel. The automatic doors shall be designed and installed so that they can be independently activated at all such times by persons with disabilities, including those who use wheelchairs, entering or exiting the building. 01-06547 8 f. To install signage at each of the entrances that is not equipped with automatic doors, indicating the location of the accessible entrance on 5th Avenue. This signage is to be consistent with the new construction standards for permanent signage set forth at section 4.30 of the Guidelines. g. To complete the actions specified in paragraphs 46.a. and 46.f. in accordance with the time schedule in Attachment A. h. To commence the actions specified in paragraphs 46.b. through 46.d. on or before the date when the actions specified in paragraph 46.a. are completed, and to commence the actions specified in paragraph 46.e. on the date the actions specified in paragraph 46.a. are completed, and to continue the policies and actions specified in paragraphs 46.b. through 46.e. for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. Directional Signage 47. The parties agree that it is readily achievable to replace the signage located in the lobby; concourse; and 80th, 86th, and 102nd floors, indicating the accessible routes to the ticket booths, elevators, restrooms, and observation decks in a manner that makes the signage accessible to persons who are visually impaired. 48. The owners and operators of the ESB agree: a. To install signage in the lobby; concourse; and 80th, 86th, and 102nd floors, indicating the accessible routes to the ticket booths, elevators, restrooms, and observation decks. These signs are to be readily accessible to and usable by people who are visually impaired and are to be consistent with the new construction standards set forth at sections 4.30.2, 4.30.3, 4.30.5, and 4.30.6 of the Guidelines. b. To complete the actions specified in paragraph 48.a. in accordance with the time schedule set forth in Attachment A. The Concierge Desk 49. The parties agree that it is readily achievable to remove the barriers to access at the concierge desk located in the lobby of the ESB. 01-06548 9 50. The owners and operators of the ESB agree: a. To modify the concierge desk located in the lobby so that it contains a 36-inch wide section that has a height no greater than 36 inches above the floor. The concierge desk is to be modified in accordance with the blueprints and plans attached hereto as Attachment D, and is to comply with the new construction standards for counters set forth in section 7.2(2) of the Guidelines. b. To implement a written policy requiring employees of the ESB to provide services to persons with disabilities at the lower section of the desk if persons with disabilities choose to utilize it. This policy is to require that all such services be provided in this manner at all times that the concierge desk is staffed. c. To complete the actions specified in paragraph 50.a. in accordance with the time schedule in Attachment A. d. To commence the actions specified in paragraph 50.b. on or before the date when the actions specified in paragraph 50.a. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. The Lobby East Entrance Public Telephones 51. The parties agree that it is readily achievable to remove the barriers to access at each of the two banks of public telephones located at the 33rd Street East entrance. 52. The owners and operators of the ESB agree: a. To modify one telephone in each of the banks located at the 33rd Street East Entrance so that it is consistent with the new construction standards for public telephones set forth in sections 4.31.2 through 4.31.8 of the Guidelines. b. To modify at least one telephone at the 33rd Street East Entrance, in addition to the telephones modified in accordance with paragraph 52.a., so that it is consistent with the new construction standards for public telephones set forth in sections 4.31.2 through 4.31.8 of the Guidelines and meets the requirements for telephones that allow a forward approach by persons using wheelchairs. c. To provide signage at the public telephone bank located at the 33rd Street East Entrance that is not equipped with a forward reach telephone, indicating the location of the telephone bank that is equipped with a telephone that allows a 01-06549 10 forward approach by persons using wheelchairs. This signage is to be readily accessible to and usable by people who are visually impaired and is to be consistent with the new construction standards set forth at sections 4.30.2, 4.30.3, 4.30.5, and 4.30.6 of the Guidelines. d. To maintain the telephones provided in accordance with paragraphs 52.a. and 52.b. This includes, but is not limited to, entering into appropriate contracts for service, maintenance, and prompt repair of the telephones. e. To complete the actions specified in paragraphs 52.a. through 52.c. in accordance with the time schedule in Attachment A. f. To commence the actions specified in paragraph 52.d. on or before the date when the actions specified in paragraph 52.a. through 52.c. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. 53. The parties further agree that it is not an undue burden to provide auxiliary aids and services at each of the public telephone banks located at the 33rd Street East entrance. 54. The owners and operators of the ESB agree: a. To install a text telephone at one of the public telephone banks located at the 33rd Street East Entrance. This telephone is to be installed in accordance with the new construction standards for public text telephones set forth at section 4.31.9 of the Guidelines. b. To provide signage at each public telephone bank in the ESB informing persons who are deaf or hearing impaired of the location of the text telephone. This signage is to be readily accessible to and usable by people who are visually impaired and is to be consistent with the new construction standards set forth at sections 4.30.2, 4.30.3, 4.30.5, and 4.30.6 of the Guidelines. c. To install a total of seven telephones equipped with volume controls at the 33rd Street East Entrance. These volume control telephones are to be in addition to the text telephone required by paragraph 54.a. These volume control telephones are to be dispersed between the two telephone banks so that the telephone bank equipped with a text telephone has three volume control telephones and the telephone bank that is not equipped with a text telephone has four such telephones. Each of the telephones modified to be accessible to people with physical 01-06550 11 disabilities in accordance with paragraphs 54.a. and 54.b. are to be equipped with volume controls. d. To modify one telephone at each bank of telephones located at the 33rd Street East Entrance so that it is equipped with a shelf and electrical outlet in accordance with the new construction standards set forth at section 4.31.9(2) of the Guidelines. e. To maintain the devices provided in accordance with paragraphs 54.a., 54.c., and 54.d. This includes, but is not limited to, entering into appropriate contracts for service, maintenance, and prompt repair of these devices. f. To complete the actions specified in paragraphs 54.a. through 54.d. in accordance with the time schedule in Attachment A. g. To commence the actions specified in paragraph 54.e. on or before the date when the actions specified in paragraphs 54.a. through 54.d. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. The Observation Deck Ticket Counter (Concourse Level) 55. The parties agree that it is readily achievable to remove the barriers to access at the ticket counter and the lines serving the ticket counter located on the concourse level of the ESB. 56. The owners and operators of the ESB agree: a. To modify the ticket counter so that it contains a 36 inch wide section that is not more than 36 inches above the floor. These modifications are to be made in accordance with the new construction standards for counters set forth at section 7.2 of the Guidelines. b. To implement a written policy that allows persons with disabilities to avoid the general line for tickets, by going directly to the part of the counter modified in accordance with paragraph 56.a. This policy is to specify that persons with disabilities who are able to wait in and gain access through the general ticket line may do so if they choose. c. To implement a written policy requiring employees of the ESB who staff the ticket counter to provide persons with disabilities, including those who use wheelchairs, who use the lower counter, all of the services that are provided to persons without disabilities. This policy is to require that all such 12 services be provided at the lower counter at all times that the ticket counter remains open. d. To install signage at the concourse level in the area where tickets to the observation decks are sold, directing persons with disabilities to the accessible area of the counter modified in accordance with paragraph 56.a. This signage is to further inform persons with disabilities that they are not required to wait in the general line for tickets. This signage is to be readily accessible to and usable by people who are visually impaired and is to be consistent with the new construction standards set forth at sections 4.30.2, 4.30.3, 4.30.5, and 4.30.6 of the Guidelines. e. To complete the actions specified in paragraphs 56.a. and 56.d. in accordance with the time schedule in Attachment A. f. To commence the actions specified in paragraphs 56.b. and 56.c. on or before the date when the actions specified in paragraphs 56.a. and 56.d. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. The Concourse Level Public Telephones 57. The parties agree that it is readily achievable to remove the barriers to access that exist at the two banks of public telephones located on the concourse level of the ESB. 58. The owners and operators of the ESB agree: a. To modify one telephone in each of the banks located on the concourse level so that it is consistent with the new construction standards for public telephones set forth in sections 4.31.2 through 4.31.8 in the Guidelines. b. To modify at least one telephone on the concourse level, in addition to the telephones modified in accordance with paragraph 58.a., so that it is consistent with the new construction standards for public telephones set forth in sections 4.31.2 through 4.31.8 of the Guidelines and the requirements for telephones that allow a forward approach by persons using wheelchairs. c. To provide signage at the public telephone bank located on the concourse level that is not equipped with a forward reach telephone, indicating the location of the telephone bank that is equipped with a telephone that allows a forward approach by persons using wheelchairs. This signage is to be readily accessible to and usable by people who are visually 01-06552 13 impaired and is to be consistent with the new construction standards set forth at sections 4.30.2, 4.30.3, 4.30.5, and 4.30.6 of the Guidelines. d. To maintain the telephones provided in accordance with paragraphs 58.a. and 58.b. This includes, but is not limited to, entering into appropriate contracts for service, maintenance, and prompt repair of the telephones. e. To complete the actions specified in paragraphs 58.a. through 58.c. in accordance with the time schedule in Attachment A. f. To commence the actions specified in paragraph 58.d. on or before the date when the actions specified in paragraphs 58.a. and 58.b. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. 59. The parties agree that it is not an undue burden to provide auxiliary aids and services at each of the two public telephone banks located on the concourse level of the ESB. 60. The owners and operators of the ESB agree: a. To install a total of five public telephones on the concourse level equipped with volume controls. These volume control telephones are to be dispersed between the two telephone banks so that the telephone bank equipped with a forward reach telephone has three telephones with volume controls and the telephone bank that is not equipped with a forward reach telephone has two telephones with volume controls. In addition, each of the telephones modified to be accessible to persons with physical disabilities in accordance with paragraphs 58.a. and 58.b. is to be equipped with volume controls. b. To modify one telephone at one bank of telephones located on the concourse level so that it is equipped with a shelf and electrical outlet in accordance with the new construction standards set forth at section 4.31.9 of the Guidelines. c. To maintain the devices provided in accordance with paragraphs 60.a. and 60.b. This includes, but is not limited to, entering into appropriate contracts for service, maintenance, and prompt repair of these devices. d. To complete the actions specified in paragraphs 60.a. and 60.b. in accordance with the time schedule in Attachment A. 01-06553 14 e. To commence the actions specified in paragraph 60.c. on or before the date when the actions specified in paragraphs 60.a. and 60.b. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. The Observation Deck Turnstile 61. The parties agree that it is readily achievable to remove the barriers to access at the turnstile for observation deck visitors located on the 80th floor of the ESB. 62. The owners and operators of the ESB agree: a. To modify the turnstile area on the 80th floor so that a cord and pedestal by-pass, accessible to people with disabilities, including those who use wheelchairs, is installed. This by-pass will be built in accordance with the blueprints and plans attached hereto as Attachment E, and is to comply with the new construction standards for accessible routes set forth at section 4.3.2 of the Guidelines. This by-pass will be easily operable by employees of the ESB. b. To implement a policy requiring that ESB personnel staff the turnstile area at all times that the observation decks are open to the public. These staff people are to be instructed in the use of the cord and pedestal by-pass and are to open it for people with disabilities who wish to gain access to the observation decks. c. To complete the actions specified in paragraph 62.a. in accordance with the time schedule in Attachment A. d. To commence the actions specified in paragraph 62.b. on or before the date when the actions specified in paragraph 62.a. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. The 86th Floor Observation Deck 63. The parties agree that it is readily achievable to remove the barriers to access that exist at the 86th floor observation deck interior between the elevator landing, the raised viewing areas, and the concession stands. 64. The owners and operators of the ESB agree: a. To remove the barriers to the raised area on the north side of the interior 86th floor observation deck as well as those to the concession areas on the east and west sides of the interior 86th floor observation deck. This is to be done by 01-06554 15 constructing a permanent ramp from the elevator lobby to the raised area on the north sides and by constructing permanent ramps from the raised area to the concessions areas on the east and west sides of the interior 86th floor observation deck. These ramps are to be constructed in accordance with the blueprints and plans attached hereto as Attachment F, and are to comply with the new construction standards set forth at section 4.8 of the Guidelines. b. To indicate the location of the ramp provided in accordance with paragraph 64.a. through the use of appropriate signage in the elevator landing and concession areas on the 86th floor. This signage is to be readily accessible to and usable by people who are visually impaired and is to be consistent with the new construction standards set forth at sections 4.30.2, 4.30.3, 4.30.5, and 4.30.6 of the Guidelines. c. To maintain the ramp constructed in accordance with paragraph 64.a. in good working condition and to keep it clear of debris or any other items that will interfere with their use by persons with disabilities, including those who use wheelchairs. d. To complete the actions specified in paragraphs 64.a. and 64.b. in accordance with the time schedule in Attachment A. e. To commence the actions specified in paragraphs 64.c. on or before the date when the actions specified in paragraphs 64.a. and 64.b. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. 65. The owners and operators of the ESB further agree: a. To remove the barriers to the viewing area on the south side of the interior 86th floor observation deck as well as the barriers to the concessions areas on the east and west side of the interior 86th floor observation deck by constructing permanent ramps from the concession areas to the viewing area on the south side of the interior 86th floor observation deck. These ramps are to be constructed in accordance with the blueprints and plans attached hereto as Attachment F, and are to comply with the new construction standards set forth at section 4.8 of the Guidelines. b. To indicate the location of the ramps provided in accordance with paragraph 65.a. through the use of appropriate signage in the elevator landing and concession areas. This signage is to be readily accessible to and usable by people who are visually impaired and is to be consistent with the new 01-06555 16 construction standards set forth at sections 4.30.2, 4.30.3, 4.30.5, and 4.30.6 of the Guidelines. c. To maintain the ramps provided in accordance with paragraph 65.a. in good working condition, and to keep them clear of debris or any other items that will interfere with their use by persons with disabilities, including those who use wheelchairs. d. To complete the actions specified in paragraphs 65.a. and 65.b. in accordance with the time schedule in Attachment A. e. To commence the actions specified in paragraph 65.c. on or before the date when the actions specified in paragraphs 65.a. and 65.b. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. 66. The parties agree that it is readily achievable to remove the barriers to access at the entrances to the outdoor observation deck on the 86th floor by constructing ramps from the concession area level. 67. The owners and operators of the ESB agree: a. To construct two permanent ramps located at the northeast and southwest corners of the exterior 86th floor observation deck. These ramps are to be located along the walls of the exterior observation deck and are to provide access from the interior deck to the exterior deck. The ramps are to be constructed in accordance with the blueprints and plans attached hereto as Attachment G, and are to comply with the new construction standards for permanent ramps set forth in section 4.8 of the Guidelines. b. To indicate the location of the ramps provided in accordance with paragraph 67.a. through the use of appropriate signage in the elevator landing and concession areas as well as on the exterior deck. This signage is to be readily accessible to and usable by people who are visually impaired and is to be consistent with the new construction standards set forth at sections 4.30.2, 4.30.3, 4.30.5, and 4.30.6 of the Guidelines. c. To maintain the ramps provided in accordance with paragraph 67.a. in good working condition, and to keep them clear of debris or any other items that will interfere with their use by persons with disabilities, including those who use wheelchairs. 01-06556 17 d. To maintain a clear pathway on the ramps and the landings surrounding the doorways where the ramps are located, including during such times when inclement weather would make such clearance necessary for the ramps and doorways to be used safely by individuals with disabilities, including those who use wheelchairs. e. To implement a written policy that the entrances to the exterior 86th floor observation deck, modified in accordance with paragraph 67.a., are to be kept open for use by persons with disabilities at all times that the exterior 86th floor observation deck remains open to the public. f. To complete the actions specified in paragraphs 67.a. and 67.b. in accordance with the time schedule in Attachment A. g. To commence the actions specified in paragraphs 67.c. through 67.e. on or before the date when the actions specified in paragraphs 67.a. and 67.b. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. 68. The parties agree that it is readily achievable to modify the parapet walls located on the exterior 86th floor observation deck so that the view is accessible to people with disabilities, including those who use wheelchairs or are of short stature. 69. The owners and operators of the ESB agree: a. If the City of New York permits, to modify one section of the parapet wall on each side of the exterior 86th floor observation deck so that these sections are low enough so that the view from the exterior 86th floor observation deck is accessible to people with disabilities, including those who use wheelchairs or are of short stature. These sections of the parapet walls are to be modified in accordance with the blueprints and plans attached hereto as Attachment H. b. To indicate the location of the accessible viewing areas provided in accordance with paragraph 69.a. through the use of signage located on the exterior observation deck. This signage is to be readily accessible to and usable by people who are visually impaired and is to be consistent with the new construction standards set forth at sections 4.30.2, 4.30.3, 4.30.5, and 4.30.6 of the Guidelines. 01-06557 18 c. To keep the area surrounding the accessible viewing locations clear of debris and any other items that would interfere with their use by persons with disabilities, including those who use wheelchairs. d. To maintain a clear pathway on the exterior 86th floor observation deck and in the areas where the parapet walls have been modified in accordance with paragraph 69.a., including during such times when inclement weather would make such clearance necessary for the exterior 86th floor observation deck to be used safely by individuals with disabilities, including those who use wheelchairs. e. To complete the actions specified in paragraphs 69.a. and 69.b. in accordance with the time schedule in Attachment A. f. To commence the actions specified in paragraphs 69.c. and 69.d. on or before the date when the actions specified in paragraphs 69.a. and 69.b. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. 70. The parties agree that it is readily achievable to modify the viewing telescopes located on the 86th floor exterior observation deck so that they are accessible to people with disabilities, including those who use wheelchairs or are of short stature. 71. The owners and operators of the ESB agree: a. To equip each side of the exterior 86th floor observation deck with one viewing telescope that is accessible to people with disabilities. These viewing telescopes are to be constructed in accordance with the specifications attached hereto as Attachment I, and are to be consistent with the new construction standards for operating mechanisms set forth at section 4.27 of the Guidelines. These telescopes are to be provided to persons with disabilities, including those who use wheelchairs or are of short stature, for the same fee charged for use of all other telescopes. b. To indicate the location of the accessible telescopes installed in accordance with paragraph 71.a. through the use of signage located on the exterior observation deck. This signage is to be readily accessible to and usable by people who are visually impaired and is to be consistent with the new construction standards set forth at sections 4.30.2, 4.30.3, 4.30.5, and 4.30.6 of the Guidelines. 01-06558 19 c. To maintain the accessible telescopes installed in accordance with paragraph 71.a. in a manner that allows persons with disabilities, including those who use wheelchairs, to use them independently and thereby obtain independent access to the view afforded on the 86th floor exterior observation deck. Specifically, the operation of the telescopes will not be dependent on a third party, including, but not limited to, an ESB employee. d. To maintain the telescopes provided in accordance with paragraph 71.a. in good working condition. This includes, but is not limited to, entering into appropriate contracts for service, maintenance, and prompt repair of the telescopes. e. To keep the area surrounding the accessible telescopes clear of debris or any other items that would interfere with their use by persons with disabilities, including those who use wheelchairs. f. To complete the actions specified in paragraphs 71.a. and 71.b. in accordance with the time schedule in Attachment A. g. To commence the actions specified in paragraphs 71.c. through 71.e. on or before the date when the actions specified in paragraphs 71.a. and 71.b. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. The 86th Floor Restrooms, Drinking Fountains, and Telephones 72. The parties agree that it is readily achievable to remove the barriers to access at the restrooms that serve visitors to the 86th floor observation deck. 73. The owners and operators of the ESB agree: a. To modify the men's restroom on the 86th floor so that it is accessible to persons with disabilities, including those who use wheelchairs. This restroom is to be modified in accordance with the blueprints and plans attached hereto as Attachment J, and is to comply with the new construction standards, including those for water closets, urinals, lavatories, mirrors, doors, toilet rooms, and signage, as set forth in sections 4.16, 4.18, 4.19, 4.13, 4.22, and 4.30 of the Guidelines, and all other sections referred to therein. b. To designate the accessible men's restroom modified in accordance with paragraph 73.a. through the use of appropriate signage. This signage is to be consistent with the 01-06559 20 new construction standards for permanent signage set forth in section 4.30 of the Guidelines. c. To complete the actions specified in paragraphs 73.a. and 73.b. in accordance with the time schedule in Attachment A. 74. The owners and operators of the ESB agree: a. To modify the women's restroom located on the 86th floor so that it is accessible to persons with disabilities, including those who use wheelchairs. This restroom is to be constructed in accordance with the blueprints and plans attached hereto as Attachment K, and is to comply with the new construction standards, including those for water closets, urinals, lavatories, mirrors, doors, toilet rooms, and signage, as set forth in sections 4.16, 4.18, 4.19, 4.13, 4.22, and 4.30 of the Guidelines, and all other sections referred to therein. b. To designate the accessible women's restroom constructed in accordance with paragraph 74.a. through the use of appropriate signage. The signage is to be consistent with the new construction standards for permanent signage set forth in section 4.30 of the Guidelines. c. To complete the actions specified in paragraphs 74.a. and 74.b. in accordance with the time schedule in Attachment A. 75. The owner and operators of the ESB agree: a. To modify the unisex toilet room located on the 86th floor so that it is accessible to persons with disabilities, including those who use wheelchairs. The unisex toilet room is to be modified in accordance with the blueprints and plans attached hereto as Attachment L, and is to comply with the new construction standards, including those for toilet stalls, water closets, urinals, lavatories, mirrors, doors, toilet rooms, and signage, as set forth in sections 4.13, 4.16, 4.18, 4.19, 4.22, and 4.30 of the Guidelines, and all other sections referred to therein. b. To designate the accessible unisex toilet room modified in accordance with paragraph 75.a. through the use of appropriate signage. The signage is to be consistent with the new construction standards for permanent signage set forth in section 4.30 of the Guidelines. c. To complete the actions specified in paragraphs 75.a. and 75.b. in accordance with the time schedule in Attachment A. 01-06560 21 76. The parties agree that it is readily achievable to remove the barriers to access at the drinking fountains located on the 86th floor. 77. The owners and operators of the ESB agree: a. To modify the drinking fountains located on the 86th floor so that they will be accessible to persons with disabilities, including those who use wheelchairs. These fountains are to be modified in accordance with the new construction standards for drinking fountains set forth in section 4.15 of the Guidelines and are to be equipped with guards that make them consistent with the requirements for protruding objects set forth at section 4.4 of the Guidelines. b. To maintain the drinking fountains specified in paragraph 77.a. in good working condition. This includes, but is not limited to, entering into appropriate contracts for service, maintenance, and prompt repair of the drinking fountains. c. To keep the area surrounding the accessible drinking fountains clear of debris or any other items that would interfere with their use by persons with disabilities, including those who use wheelchairs. d. To complete the actions specified in paragraph 77.a. in accordance with the time schedule set forth in Attachment A. e. To commence the actions specified in paragraphs 77.b. and 77.c. on or before the date when the actions specified in paragraph 77.a. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. 78. The parties agree that it is readily achievable to remove the barriers to access that exist at the two banks of public telephones located on the 86th floor. 79. The owners and operators of the ESB agree: a. To modify one telephone in each of the banks located on the 86th floor observation deck so that it is consistent with the new construction standards for public telephones set forth in sections 4.31.2 through 4.31.8 of the Guidelines. b. To modify at least one telephone on the 86th floor observation deck in addition to the telephones modified in accordance with paragraph 79.a. so that it is consistent with the new construction standards for public telephones set forth in section 4.31.2 through 4.31.8 of the Guidelines and meets the 22 requirements for telephones that allow a forward approach by persons using wheelchairs. c. To maintain the telephones provided in accordance with paragraphs 79.a. and 79.b. This includes, but is not limited to, entering into appropriate contracts for service, maintenance, and prompt repair of the telephones. d. To provide signage at the public telephone bank located on the 86th floor observatory level that is not equipped with a forward reach telephone, indicating the location of the telephone bank that is equipped with a telephone that allows a forward approach by persons using wheelchairs. This signage is to be readily accessible to and usable by people who are visually impaired and is to be consistent with the new construction standards set forth at sections 4.30.2, 4.30.3, 4.30.5, and 4.30.6 of the Guidelines. e. To complete the actions specified in paragraphs 79.a. through 79.c. in accordance with the time schedule in Attachment A. f. To commence the actions specified in paragraph 79.d. on or before the date when the actions specified in paragraphs 79.a. through 79.c. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. 80. The parties agree that it is not an undue burden to provide auxiliary aids and services at each of the two public telephone banks located on the 86th floor observation deck level of the ESB. 81. The owners and operators of the ESB agree: a. To install one telephone that is equipped with volume controls at each telephone bank. One of these volume control telephones is to be the telephone modified in accordance with paragraph 79.b. b. To maintain the devices provided in accordance with paragraph 81.a. This includes, but is not limited to, entering into appropriate contracts for service, maintenance, and prompt repair of these devices. c. To complete the actions specified in paragraph 81.a. in accordance with the time schedule in Attachment A. d. To commence the actions specified in paragraph 81.b. on or before the date when the actions specified in paragraph 81.a. are completed, and to continue these policies and 23 actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. The 102nd Floor Observation Deck 82. The parties agree that it is readily achievable to remove the barriers blocking access by people with disabilities to the viewing windows on the 102nd floor observation deck. 83. The owners and operators of the ESB agree: a. To provide access to the south side of the 102nd floor observation deck by widening the space between the emergency staircase and the elevator in accordance with the blueprints and plans attached hereto as Attachment M. b. To provide to people with disabilities who cannot access the viewing windows, hand-held viewing periscopes that allow them to see out the windows on the 102nd floor observation deck. These viewing periscopes are to be constructed in accordance with the specifications attached hereto as Attachment N, and are to be consistent with the new construction standards for operating mechanisms set forth at section 4.27.4 of the Guidelines. These periscopes are to be provided to persons with disabilities, including those who use wheelchairs, free of charge and are to be provided upon request at the elevator to the 102nd floor observation deck. c. To provide signage on the 86th floor observation deck and in the area where the viewing windows are located on the 102nd floor observation deck informing people with disabilities of the availability of the hand-held viewing periscopes to be provided in accordance with paragraph 83.b. This signage is to be readily accessible to and usable by people who are visually impaired and is to be constructed in accordance with the new construction standards set forth at sections 4.30.2, 4.30.3, 4.30.5, and 4.30.6 of the Guidelines. d. To maintain the accessible periscopes provided in accordance with paragraph 83.b. in a manner that allows people with disabilities, including those who use wheelchairs, to use them independently and thereby obtain independent access to the view afforded on the 102nd floor observation deck. Specifically, the operation of the periscopes will not be dependent on a third party, including, but not limited to, an ESB employee. e. To maintain the periscopes installed in accordance with paragraph 83.b. in good working condition. This includes, but is not limited to, entering into appropriate contracts for service, maintenance, and prompt repair of the periscopes. 01-06563 24 f. To keep the area surrounding the viewing windows clear of debris or any other items that would interfere with their use by persons with disabilities, including those who use wheelchairs. g. To complete the actions specified in paragraphs 83.a. through 83.c. in accordance with the time schedule in Attachment A. h. To commence the actions specified in paragraphs 83.d. through 83.f. on or before the date when the actions specified in paragraphs 83.a. through 83.e. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. 84. The parties agree that it is not an undue burden to provide detectable warnings to warn people who are blind or visually impaired of the existence of the stairwell on the 102nd floor observation deck. 85. The owners and operators of the ESB agree: a. To install detectable warnings in front of the stairs on the 102nd floor observatory level. These detectable warnings are to be consistent with the new construction standards for detectable warnings set forth at section 4.29 of the Guidelines. b. To complete the actions specified in paragraph 85.a. in accordance with the time schedule in Attachment A. The Elevators 86. The parties agree that it is readily achievable to remove the barriers to access in the four elevators cabs serving the lobby and concourse levels of the ESB (also known as the elevator cabs in elevator bank A). 87. The owners and operators of the ESB agree: a. To lower the control panels in each elevator cab in elevator bank A so that they are consistent with the standards for new construction set forth in section 4.10.12 of the Guidelines. b. To modify the control panels in the elevators in elevator bank A so that they are equipped with raised and braille characters in accordance with the new construction standards for elevator controls set forth in section 4.10.12 of the Guidelines. 01-06564 25 c. To modify the elevator signal lanterns serving the elevators in elevator bank A so that they provide an aural as well as visual signal indicating the arrival of the elevator in accordance with the new construction standards for elevator hall lanterns set forth at section 4.10.4 of the Guidelines. d. To modify the elevator hoistway door jamb floor indicators serving the elevators in elevator bank A so that they are equipped with raised and braille characters in accordance with the new construction standards for elevators set forth in section 4.10.5 of the Guidelines. e. To lower the elevator call buttons on the concourse and lobby levels so that they are consistent with the new construction standards for elevator call buttons set forth at section 4.10.3 of the Guidelines. f. To complete the actions specified in paragraphs 87.a. through 87.e. in accordance with the time schedule in Attachment A. 88. The parties agree that it is readily achievable to remove the barriers to access in the elevators cab serving the lobby and 80th floors of the ESB (also known as the elevator cabs in elevator bank G). 89. The owners and operators of the ESB agree: a. To lower the control panels in each elevator cab in elevator bank G so that they are consistent with the standards for new construction set forth in section 4.10.12 of the Guidelines. b. To modify the control panels in the elevators in elevator bank G so that they are equipped with raised and braille characters in accordance with the new construction standards for elevator controls set forth in section 4.10.12 of the Guidelines. c. To modify the elevator signal lanterns serving the elevators in elevator bank G so that they provide an aural as well as visual signal indicating the arrival of the elevator in accordance with the new construction standards for elevator hall lanterns set forth at section 4.10.4 of the Guidelines. d. To modify the elevator hoistway door jamb floor indicators for elevator bank G so that they are equipped with raised and braille characters in accordance with the new construction standards for elevators set forth in section 4.10.5 of the Guidelines. 01-06565 26 e. To lower the elevator call buttons for the elevators in elevator bank G on the lobby level and 80th floor so that they are consistent with the new construction standards for elevator call buttons set forth at section 4.10.3 of the Guidelines. f. To complete the actions specified in paragraphs 89.a. through 89.e. in accordance with the time schedule in Attachment A. ESB Personnel 90. The owners and operators of the ESB agree: a. To train employees of the ESB to know the accessible routes, facilities, and features of the building, including but not limited to, those required by this settlement agreement, and to inform people who inquire, as well as any people with disabilities who may require such information, of these features. The term employee is to be defined to include, but not be limited to, security guards, tour guides, ticket sellers, hosts, elevator operators, and any other staff directly employed by the ESB or through an independent contractor. This includes people who work full or part-time, whether paid or volunteer. Such training is to be provided to all new employees prior to the commencement of their duties at the ESB. b. To implement a written policy requiring the employees defined in paragraph 90.a. to be informed of the status of the modifications being undertaken in accordance with this settlement agreement, and to inform people with disabilities, including those who use wheelchairs, of the progress being made. c. To complete the actions specified in paragraph 90.a. in accordance with the time schedule in Attachment A. d. To commence the actions specified in paragraph 90.b. on or before the date when the actions specified in paragraph 90.a. are completed, and to continue these policies and actions for as long as the owners and operators of the ESB or their successors in interest own or operate the ESB. IMPLEMENTATION AND ENFORCEMENT OF THE SETTLEMENT AGREEMENT 91. The Attorney General is authorized, pursuant to section 308 (b)(1)(B) of the Act, to bring a civil action under title III, enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration of the terms of this agreement, the Attorney General agrees to refrain from 01-06566 27 undertaking further investigation or from filing civil suit under title III in this matter. 92. a. The Department may review compliance with this agreement at any time. If the Department believes that this agreement or any requirement thereof has been violated, it may institute a civil action in United States District Court. If the Department demonstrates in a civil proceeding that the owners and operators of the ESB have failed to comply with any provision of this agreement, the owners and operators of the ESB shall correct this noncompliance and shall be liable to the United States in an amount of no less than $25,000.00. b. In the event that ESB Co. and/or Helmsley-Spear, Inc. are delayed in completing any item of work undertaken in this agreement or complying with any obligation pursuant to the terms of this agreement due to any acts of God, force majeure, strike, lock out, or any other condition beyond the reasonable control of Helmsley-Spear, Inc, or ESB Co. (hereinafter the "Conditions") then the time for performing such work or complying with such obligation shall be extended for such reasonable time until after the Conditions end or substitute arrangements can easily be made by Helmsley-Spear, Inc. and ESB Co. for performance of such work or complying with such obligations as long as ESB Co. and Helmsley-Spear, Inc. provide written notice to the Department by certified mail at the address listed at the signature line of this document within 30 days of the onset of the specified Condition. 93. 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 its right to do so with regard to other deadlines and provisions of this agreement. 94. In the event that the owners and operators of the ESB fail to comply in a timely fashion with any requirement of this agreement without obtaining sufficient advance written agreement with the Department as to a temporary modification of the relevant terms of the agreement, all terms of this agreement shall become enforceable in United States District Court. 95. This document is a public agreement. A copy of this document or any information contained therein, may be made available to any person. The Department shall provide a copy of this agreement to any person on request. The ESB shall refer any person who inquires about obtaining a copy of this agreement to the Department at the address and telephone number indicated at the signature line of this document 96. The effective date of this agreement is the date of the last signature below. 01-06567 28 97. This agreement shall be binding on all of the owners and operators of the ESB and their successors in interest, and the owners and operators of the ESB have a duty to so notify all such successors in interest. 98. This agreement and the plans, blueprints, and other attachments attached hereto constitute 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 in paragraphs 1 through 42, and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other federal law. This agreement does not affect the continuing responsibility of the owners and operators of the ESB to comply with all aspects of the Americans with Disabilities Act. Specifically, this agreement does not affect the duties of the owners and operators of the ESB with regard to the alterations and new construction requirements of the Act, nor with regard to barrier removal in other parts of the ESB not mentioned herein or in any other facility owned and/or operated by the owners and operators of the ESB. 99. The parties agree that where reduced-sized blueprints, drawings, and plans are attached hereto as attachments, they are merely representative of full-sized blueprints, drawings, and plans, copies of which are to be maintained by each party. In the event of a discrepancy between a full-sized blueprint, drawing, or plan and a reduced-sized version of the same document, the full-sized version is to be considered authoritative. 100. The parties agree that, if any provision of this agreement is affected by any future proceeding in bankruptcy, the parties shall jointly apply to the district court for withdrawal to the district court for resolution of the matter. 101. A signer of this document in a representative capacity for a partnership, corporation, or other entity represents that he or she is authorized to bind such partnership, corporation, or other entity to this agreement. 01-06568 29 For the Owners and Operators of For the United States: the Empire State Building: (Signature) (Signature) ________________________________ _______________________ Stephen Tole James P. Turner Managing Agent Acting Assistant Attorney Helmsley-Spear, Inc. General as agent for Empire State Building Co. John L. Wodatch Empire State Building L. Irene Bowen 350 Fifth Avenue Joseph C. Russo New York, New York Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 (202) 307-0663 Date 2/15/94 Date MAR 3 1994 01-06569 DJ 202-51-1 ATTACHMENT A RIDER TO SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE OWNERS AND OPERATORS OF THE EMPIRE STATE BUILDING OF NEW YORK, NEW YORK This rider to the settlement agreement between the United States of America and the owners and operators of the Empire State Building of New York, New York ("ESB"), sets forth a time schedule to be followed by the ESB in undertaking the modifications required in the settlement agreement. This time schedule is intended to be consistent with the more specific time schedule set forth in the graph attached hereto as Attachment A- 1. A. Time Schedules of Physical Plant Modifications The Curb Ramps 1. The owners and operators of the ESB agree: a. To commence installation of the curb ramps specified in paragraph 44.a. of the settlement agreement on or before September 5, 1994, unless the owners and operators of the ESB are unable to obtain approval from the appropriate agencies of the City of New York prior to that date. If, after a reasonable and diligent effort by the owners and operators of the ESB, approval from the City of New York cannot be obtained, installation of the curb ramps shall commence no later than 30 days from the date such approval is obtained. b. To complete the modification of the curb ramps specified in paragraph 44.a. of the settlement agreement on or before September 26, 1994, unless, as discussed in paragraph 1.b. of this Rider, the owners and operators of the ESB are unable to obtain approval to undertake these efforts from the City of New York on or before July 18, 1994. If such approval results in a delay, the owners and operators of the ESB agree to complete the modifications to the curb ramps no later than 30 days after commencing work on the curb ramps. The Front Entrance 2. The owners and operators of the ESB agree: a. To commence the modifications to the front entrance specified in paragraphs 46.a. and 46.f. of the settlement agreement on or before February 16, 1994. b. To complete the modifications to the front entrance specified in paragraphs 46.a. and 46.f. of the settlement agreement on or before May 3, 1994. Directional Signage 3. The owners and operators of the ESB agree: a. To commence the installation of the signage specified in paragraph 48.a. of the settlement agreement on or before March 16, 1994. b. To complete the installation of the signage specified in paragraph 48.a. of the settlement agreement on or before October 22, 1994. The Concierge Desk 4. The owners and operators of the ESB agree: a. To commence the modifications to the concierge desk specified in paragraph 50.a. of the settlement agreement on or before May 11, 1994. b. To complete the modifications to the concierge desk specified in paragraph 50.a. of the settlement agreement on or before June 3, 1994. The Lobby East Entrance Public Telephones 5. The owners and operators of the ESB agree: a. To commence the modifications to the public telephones in the Lobby East Entrance of the ESB specified in paragraphs 52.a. through 52.c. and 54.a. through 54.d. of the settlement agreement on or before March 31, 1994. b. To complete the modifications to the Lobby East Entrance public telephones specified in paragraphs 52.a. through 52.c. and 54.a. through 54.d. of the settlement agreement on or before May 23, 1994. The Observation Deck Ticket Counter (Concourse Level) 6. The owners and operators of the ESB agree: a. To commence the modifications to the observation deck ticket counter specified in paragraphs 56.a. and 56.d. of the settlement agreement on or before March 18, 1994. b. To complete the modifications to the observation deck ticket counter specified in paragraphs 56.a. and 56.d. of the settlement agreement on or before June 15, 1994. 2 01-06571 The Concourse Level Public Telephones 7. The owners and operators of the ESB agree: a. To commence the modifications to the concourse level public telephones specified in paragraphs 58.a., 58.b., 58.c., 60.a., and 60.b. of the settlement agreement on or before June 27, 1994. b. To complete the modifications to the concourse level public telephones specified in paragraphs 58.a., 58.b., 58.c., 60.a., and 60.b. of the settlement agreement on or before July 28, 1994. The Observation Deck Turnstile 8. The owners and operators of the ESB agree: a. To commence the modifications to the observation deck turnstile specified in paragraph 62.a. of the settlement agreement on or before August 10, 1994. b. To complete the modifications to the observation deck turnstile as specified in paragraph 62.a. of the settlement agreement on or before August 25, 1994. The 86th Floor Observation Deck 9. The owners and operators of the ESB agree: a. To commence the modifications to the 86th floor observation deck specified in paragraphs 64.a., 64.b., 65.a., 65.b., 67.a., 67.b., 71.a., and 71.b. of the settlement agreement on or before February 4, 1994. b. To commence the modifications to the 86th floor observation deck specified in paragraphs 69.a. and 69.b. no later than 30 days after receiving approval from the City of New York. c. To complete the modifications to the 86th floor observation deck specified in paragraphs 64.a., 64.b., 65.a., 65.b., 67.a., 67.b., 71.a., and 71.b. of the settlement agreement on or before June 14, 1994. d. To complete the modifications to the 86th floor observation deck specified in paragraphs 69.a. and 69.b. of the settlement agreement no later than 120 days after receiving approval to make these modifications from the City of New York. 3 01-06572 The 86th Floor Restrooms, Drinking Fountains, and Telephones 10. The owners and operators of the ESB agree: a. To commence the modifications to the 86th floor drinking fountains, restrooms, and telephones specified in paragraphs 73.a., 73.b., 74.a., 74.b., 77.a., 79.a., 79.b., 79.d., and 81.a. of the settlement agreement on or before March 4, 1994. b. To complete the modifications to the 86th floor restrooms, drinking fountains, and telephones specified in paragraphs 73.a., 73.b., 74.a., 74.b., 77.a., 79.a., 79.b., 79.d., and 81.a. of the settlement agreement on or before June 6, 1994. The 102nd Floor Observation Deck 11. The owners and operators of the ESb agree: a. To commence the modifications to the 102nd floor observation deck specified in paragraphs 83.a., 83.b., 83.c., 85.a., and 85.b. of the settlement agreement on or before September 2, 1994. b. To complete the modifications of the 102nd floor observation deck specified in paragraphs 83.a., 83.b., 83.c., 85.a., and 85.b. of the settlement agreement on or before October 4, 1994. The Elevators 12. The owners and operators of the ESB agree: a. To commence the modifications to the elevators specified in paragraphs 87.a. through 87.c. and 89.a. through 89.e. of the settlement agreement on or before April 18, 1994. b. To complete the modifications to the elevators specified in paragraphs 87.a. through 87.e. and 89.a. through 89.e. of the settlement agreement on or before November 11, 1994. ESB Personnel 13. The owners and operators of the ESB agree: a. To complete the training of their employees specified in paragraphs 90.a. and 90.b. of the settlement agreement no later than 30 days after the effective date of the settlement agreement and to update this training as each element of the settlement agreement is implemented. 4 01-06573