- Parties. The parties to this Settlement Agreement ("Agreement") are the United States of America (the "United States") and Village Developers. Village Developers is the owner and operator of the public parking lot located on Dill Street, between Oakland and University Streets, and adjacent to Headliner's Bar & Grill, Muncie, Indiana, (the "Parking Lot") that is the subject of this Agreement.
- Nature of Complaint. This matter was initiated by the United States by virtue of the Attorney General's authority to initiate compliance reviews to investigate possible violations of the Americans With Disabilities Act ("ADA"). 42 U.S.C. ï½§ 12188(b); 28 C.F.R. ï½§ 36.502. The complaint was investigated by the U.S. Attorney's Office, Southern District of Indiana, under the authority granted by 42 U.S.C. ï½§ 12188(b).
- Applicability of the ADA. The ADA applies to the Parking Lot because it is a place of public accommodation within the meaning of 42 U.S.C. ï½§ 12181(7).
- Purpose of Agreement. The purpose of this Agreement is to resolve certain ADA violations at the Parking Lot, set forth below, identified during the compliance review conducted by the U.S. Attorney's Office. Village Developers agrees to resolve these violations in a manner that is consistent with Title III of the ADA, 42 U.S.C. ï½§ï½§ 12181-89, and the Title III regulations of the Department of Justice, 28 C.F.R. Pt. 36, including the Standards for Accessible Design, Appendix A (the "Standards").
- Actions to be Taken. Village Developers agrees to take the following actions within 30 days of the effective date of this Agreement:
- Future Alterations. Village Developers agrees that all future alterations undertaken at the Parking Lot shall comply with Title III of the ADA, 42 U.S.C. ï½§ï½§ 12181-89, and the Title III regulations of the Department of Justice, 28 C.F.R. Pt. 36, including the Standards.
- Progress Report/Inspections. Forty-five days following the effective date of this Agreement, Village Developers will submit a progress report to the United States Attorney detailing the actions taken to comply with this Agreement. This report shall include photographs of the alterations. In addition, Village Developers shall permit representatives of the Department of Justice to physically inspect the Parking Lot without notice to Village Developers.
- Damages and Civil Penalties. Village Developers agrees to pay a civil penalty of $2,000 to the United States to vindicate the public interest. The foregoing civil penalty shall be paid by Village Developers within 30 days after the effective date of this Agreement by check in the amount of $2,000, payable to the United States Department of Justice.
- Agreement not to Sue. Provided that Village Developers fully complies with all terms of this Agreement, the United States will not bring a civil action to enforce the ADA as it relates to any alleged violations specifically addressed in paragraph 5 of this Agreement. However, this shall not limit the United States' ability to enforce this Agreement as set forth in paragraph 10 of this Agreement. Nor does this Agreement prevent the United States from investigating and/or pursuing other potential ADA violations that may involve the Parking Lot or Village Developers. Nor does this Agreement otherwise relieve the Parking Lot or Village Developers from fully complying with the ADA.
- Enforcement. If the United States believes that this Agreement or any requirement in this Agreement has been violated, it may institute a civil action in the Southern District of Indiana or any other appropriate court to enforce the terms of this Agreement and seek other relief. If the court finds that this Agreement has been violated, Village Developers understands that the court may assess a civil penalty up to the maximum penalty provided by 42 U.S.C.(b)(2), in addition to any other penalties or relief that may be authorized or that the court may award.
- Successors in Interest. In the event that Village Developers transfers, sells, assigns, or otherwise releases its interest in some or all of the Parking Lot, this Agreement shall be binding on all subsequent successors, assigns, owners, and/or operators of the Parking Lot.
- Non-Waiver. Failure by the United States to enforce any provision(s) of this Agreement shall not be construed as a waiver of its right to do so with regard to any other provision(s) of this Agreement.
- Entire Agreement. This Agreement sets forth the complete agreement between the parties. In entering into this Agreement, neither the United States nor Village Developers relies on any representation or statement not set forth herein.
- Authority to Bind. A signer of this document in a representative capacity for a partnership, limited partnership, corporation, or other entity, represents that he or she is authorized to bind such partnership, corporation, or other entity to this Agreement.
- Effective Date. The effective date of this Agreement is the date of the last signature below.
Modify the public Parking Lot located on Dill Street, Muncie, Indiana, to provide the required number, size, and designation of accessible parking spaces, including van accessible spaces, in compliance with ï½§ï½§ 4.1.2(5), 4.6 and A4.6 of the Standards. Specifically, Village Developers agrees to designate two spaces in the Parking Lot as accessible spaces, one of which shall be a van-accessible space (or, alternatively, a universal parking space design may be utilized). In addition, Village Developers agrees to add appropriate signage, including signs mounted high enough above the ground so that they cannot be obscured by a vehicle parked in the space, in compliance with ï½§ 4.1.2(7)(a) and 4.6.4 of the standards.
For the United States:
Judith A. Stewart
United States Attorney
Tim A. Baker
Assistant United States Attorney
For Village Developers:
(Name/title typed or printed)