1. Parties. The parties to this Settlement Agreement ("Agreement") are the United States of America (the "United States") and TST One Indiana L.L.C. as the owner of the property at One Indiana Square, Indianapolis, Indiana, (the "Property") that is the subject of this Agreement.
2. Nature of Complaint. This matter was initiated by a complaint lodged with the United States concerning the Property, and 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. § 12188(b); 28 C.F.R. § 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. § 12188(b). The investigation focused on whether the owners and operators of the Property have failed to remove architectural barriers where such removal was readily achievable. The ADA requires owners and operators of existing places of public accommodation, such as the Property, to remove barriers to access to the extent that it is readily achievable to do so. 42 U.S.C. § 12182(b)(2)(A)(iv); 28 C.F.R. § 36.304.
3. Applicability of the ADA. The ADA applies to the Property because it is a place of public accommodation within the meaning of 42 U.S.C. § 12181(7).
4. Non-Admission. TST One Indiana L.L.C. denies that any action it has taken constitutes a violation of the ADA.
5. Subject of Agreement. The subject of this Agreement is the removal of architectural barriers from the Property. TST One Indiana L.L.C. agrees to complete such barrier removal in a manner that is consistent with Title III of the ADA, 42 U.S.C. §§ 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").
6. Actions to be Taken. TST One Indiana L.L.C. agrees to take the following actions within 30 days from the date of this Agreement:
(a) Designate as the wheelchair-accessible elevator (the "Accessible Elevator") the elevator located on the northwest corner of the middle bank of elevators servicing the lobby of the Property. The Accessible Elevator shall be clearly marked as accessible in compliance with all provisions of § 4.30 of the Standards, and shall provide patrons access to the basement of the Property.
(b) Make all repairs and/or improvements necessary to bring the Accessible Elevator into full compliance with all provisions of § 4.10 of the Standards.
(c) Ensure that the entrance to and path from the Accessible Elevator to all businesses and services in the basement of the Property remains at all times accessible in compliance with all provisions of § 4.3 of the Standards. In furtherance of this requirement, automatic doors in compliance with § 4.13.12 of the Standards shall be installed on: (1) the set of double-leaf doors blocking the entrance/exist of the Accessible Elevator; and (2) the double-leaf doors blocking the route to/from the Accessible Elevator and the basement businesses and services.
(d) Install signage in compliance with all provisions of § 4.30 of the Standards directing patrons to/from the basement businesses and services to/from the Accessible Elevator.
(e) Install signage in compliance with all provisions of § 4.30 of the Standards directing patrons from building entrances to the Accessible Elevator. At a minimum, signs shall be placed at each public entrance to the Property, at the top and bottom of the escalators servicing the basement of the Property, and in the basement and in the lobby at the entrance to the Accessible Elevator.
(f) Install signage in compliance with all provisions of § 4.30 of the Standards on the outside of the northeast and southeast corners of the building, near the driveway to the parking garage, directing patrons to the primary accessible entrance on the west side of the building.
7. Future Alterations. TST One Indiana L.L.C. agrees that all future alterations undertaken at the Property shall comply with Title III of the ADA, 42 U.S.C. §§ 12181-89, and the Title III regulations of the Department of Justice, 28 C.F.R. Pt. 36, including the Standards.
8. Progress Report/Inspections. Within 60 days of the effective date of this Agreement, TST One Indiana L.L.C. will submit a progress report to the United States Attorney detailing the actions taken to comply with the preceding provisions. TST One Indiana L.L.C. shall provide an additional report within one year following the effective date of this agreement stating: (1) any steps taken to bring the Property into ADA compliance since the previous progress report; and (2) whether businesses and services are still located in the basement of the Property, and a description of any such businesses and services. If businesses and services are still located in the basement at that time, the progress report shall also state whether, in the opinion of TST One Indiana L.L.C., it would be readily achievable to provide access to the basement of the Property by means of a passenger elevator (the "Passenger Elevator") that fully complies with all provisions of § 4.10 of the Standards. If TST One Indiana L.L.C. determines that providing such access would not be readily achievable, TST One Indiana L.L.C. shall at that time provide a statement detailing every fact and reason for this assertion, including architectural estimates and financial statements for TST One Indiana L.L.C. for the preceding five years. TST One Indiana L.L.C. will permit representatives from the Department of Justice, upon reasonable notice, to inspect the Property and consult with employees to verify compliance with this Agreement.
9. Agreement not to Sue. Provided that TST One Indiana L.L.C. 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 this Agreement; however, this shall not limit the United States' ability to enforce this Agreement as set forth in paragraph 10. Nor does this Agreement prevent the United States from investigating and/or pursuing other potential ADA violations that may involve the Property or TST One Indiana L.L.C. Nor does this Agreement otherwise relieve TST One Indiana L.L.C. from fully complying with the ADA.
10. 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 District Court to enforce the terms of this Agreement. If the Court finds that this Agreement has been violated, TST One Indiana L.L.C. agrees that such a finding shall establish a lack of good faith on their part, and further agree to pay a stipulated penalty equal to the maximum monetary penalty provided by 42 U.S.C. § 12188(b)(2), in addition to any other penalties or relief that may be authorized or that the Court may award.
11. 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.
12. Entire Agreement. This Agreement sets forth the complete agreement between the parties. In entering into this Agreement, TST One Indiana L.L.C. will not rely on any representation or statement not set forth herein.
13. 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.
14. Effective Date. The effective date of this Agreement is the date of the last signature below.
For the United States:
Judith A. Stewart
United States Attorney
Tim A. Baker
Assistant United States Attorney
For TST One Indiana L.L.C.:
By: Tishman Speyer/Travelers Real Estate Venture, L.P.
By: Tishman Speyer/Travelers Associates
(Its General Partner)
By: TSCE Real Estate Venture, L.P.
(A General Partner)
By: TSCE Venture Corp.
(Its General Partner)
Steven Wechsler - Authorized Signatory