Waukegan City Hall
SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”) is entered into between the (a) Lake County Center for Independent Living (“Lake County CIL”) and (b) City of Waukegan and Legat Architects (collectively, the “Development Parties”), dated as set forth below.
RECITALS
WHEREAS, the Lake County CIL is a non-profit Center for Independent Living, under 29 U.S.C. § 796, that serves and advocates for people with disabilities throughout Lake County;
WHEREAS, the City of Waukegan and Legat Architects jointly designed and constructed the new City Hall (“City Hall”) and new adjacent Courtyard (“Courtyard”) located at 100 North Martin Luther King Jr. Avenue, Waukegan, Illinois;
WHEREAS, the Lake County CIL sent a demand letter to the Development Parties on June 29, 2005 asserting they violated the new construction accessibility provisions of the Americans with Disabilities Act, 42 U.S.C. § 12132, Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a), and the Illinois Environmental Barriers Act, 410 Ill. Comp. Stat. 25/1 - 25/8, when they designed and constructed the City Hall and Courtyard;
WHEREAS, the Development Parties deny that they violated these provisions; and
WHEREAS, the parties desire to settle this matter;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration as stated below, the sufficiency of which the parties hereby acknowledge, the parties agree as follows:
1. As used herein, the term “accessible” or “usable” means “in compliance with the new construction provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Environmental Barriers Act.” All work performed under this Agreement will ensure accessibility/usability as defined by these laws.
2. As referenced herein, the “Plan” is the plan drafted by Legat Architects indicating the work to be performed under this Agreement. The Plan is incorporated into this Agreement. It is attached as Exhibit A.
3. The Development Parties will perform the following measures to ensure the City Hall and Courtyard are accessible to persons with mobility disabilities:
a. make the route to the front entrance of City Hall accessible by ensuring the cross slope in the area in front of the police station does not exceed 2%, in accordance with modification # 1 on the Plan;
b. create and mark two accessible parking spaces, in accordance with modification # 2 on the Plan, as follows: (1) one on the west side of Martin Luther King, Jr. Avenue next to the curb cut that leads to the site; and (2) one in the parking area at the northeast side of the police station;
c. install accessible parking signs, in accordance with modification # 3 on the Plan;
d. install signs to indicate the location of accessible routes, in accordance with modification # 4 on the Plan;
e. install truncated domes at curb cuts, in accordance with modification # 5 on the Plan;
f. eliminate the following hazard along the route leading from the southeast side of City Hall, in accordance with modification # 6 on the Plan: the drop-off created by the in-ground light fixture (third light from the curb cut);
g. install an accessible van sign to identify the accessible van space in the parking lot on the west side of City Hall, in accordance with modification # 7 on the Plan;
h. extend the top and bottom portions of the handrails on the ramp leading to the back entrance of City Hall, in accordance with modification # 8 on the Plan;
i. install raised edging on the ramp leading to the dais in the City Council meeting room, in accordance with modification # 9 on the Plan;
j. ensure the door-opening force for the following doors is accessible, in accordance with modification # 10 on the Plan: (1) the doors leading to the City Council meeting room; and (2) the west-side fire doors leading to the stairwell on the second level;
k. install an accessible ramp on the east side of the Courtyard, in accordance with modification # 11 on the Plan;
l. make the route to the back entrance of City Hall accessible by ensuring the cross slope does not exceed 2% and the running slope does not exceed 8.3%, in accordance with modifications # 1 and # 12 on the Plan;
m. install a “handi-ramp” curb ramp at the tip of the circular drive on the west end of the site, in accordance with modification # 13 on the Plan;
n. build-out a sidewalk (at pavement level) on the south side of the circular drive to create an accessible path from the accessible parking area to the circular drive, in accordance with modification # 14 on the Plan;
o. appropriately identify and stripe an accessible path of travel leading from the south side to the east side of the circular drive, in accordance with modification # 15 on the Plan; and
p. eliminate the following hazard along the route leading from the southeast side of City Hall, in accordance with modification # 16 on the Plan: the drop-off created by a recessed gas valve cap located near the curb cut.
4. The measures identified in paragraph 3 shall be completed within 60 days of execution of this Agreement.
5. The Lake County CIL releases and discharges the Development Parties from any and all new design and new construction claims arising out of the new construction matters referenced in paragraph 3 of this Agreement, and any and all new design and new construction claims concerning the following areas: a) the public areas on the first and second floors of the new City Hall (exclusive of the public bathrooms; b) the City Council meeting room; c) the on-site routes leading to the front and back entrances of the new City Hall; d) the new Courtyard; e) the parking area fronting the new City Hall along the west side of Martin Luther King Jr. Avenue; and f) the parking lot on the west side of the new City Hall. However, this release and discharge does not include any claims that may arise under or by virtue of this Agreement, or that the Lake County CIL may have against the Development Parties concerning other projects.
6. In the event the Development Parties, or any one of them, breach any part of this Agreement, the Lake County CIL shall give the Development Parties notice of the breach and the Development Parties will thereafter have fifteen days to cure it. If, after this period, the Development Parties have not cured the breach, the Lake County CIL will have the right to seek all relief available under law, including but not limited to injunctive relief and damages. In the event of such breach, the parties agree that any applicable statute of limitations is tolled from the date of the Lake County CIL’s demand letter of June 29, 2005 to the date of discovery of the breach. In the event of litigation claiming breach of this Agreement, attorneys’ fees incurred in connection with such litigation shall be recoverable by the prevailing party to the same extent allowed under 29 U.S.C. § 794a.
7. This document constitutes the entire Agreement among the parties on the matters raised herein and no other statement, promise or agreement, whether written or oral, made by any party that is not contained in this Agreement shall be enforceable.
8. No inference will be drawn for or against any party because of its role in the drafting of this Agreement.
9. This Agreement may not be modified or amended except in a written document signed by all parties.
10. This Agreement will be interpreted, enforced and governed under Illinois Law, except where otherwise indicated.
11. The failure of the Lake County CIL to enforce any provision of this Agreement will not be construed as a waiver of its right to enforce other provisions of this Agreement.
12. This Agreement is binding upon the parties and their respective successors, heirs, representatives, executors, administrators and assigns.
13. The parties agree that this Agreement may be executed in counterpart by each separately executing the Signature Section of this Agreement. The Lake County CIL will forward a copy of the fully executed Agreement to each party. In making proof of this Agreement, it shall not be necessary to produce a copy with the original signatures.
14. The effective date of this Agreement is the date of the last signature below.
This Settlement Agreement (“Agreement”) is entered into between the (a) Lake County Center for Independent Living (“Lake County CIL”) and (b) City of Waukegan and Legat Architects (collectively, the “Development Parties”), dated as set forth below.
RECITALS
WHEREAS, the Lake County CIL is a non-profit Center for Independent Living, under 29 U.S.C. § 796, that serves and advocates for people with disabilities throughout Lake County;
WHEREAS, the City of Waukegan and Legat Architects jointly designed and constructed the new City Hall (“City Hall”) and new adjacent Courtyard (“Courtyard”) located at 100 North Martin Luther King Jr. Avenue, Waukegan, Illinois;
WHEREAS, the Lake County CIL sent a demand letter to the Development Parties on June 29, 2005 asserting they violated the new construction accessibility provisions of the Americans with Disabilities Act, 42 U.S.C. § 12132, Section 504 of the Rehabilitation Act, 29 U.S.C. § 794(a), and the Illinois Environmental Barriers Act, 410 Ill. Comp. Stat. 25/1 - 25/8, when they designed and constructed the City Hall and Courtyard;
WHEREAS, the Development Parties deny that they violated these provisions; and
WHEREAS, the parties desire to settle this matter;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration as stated below, the sufficiency of which the parties hereby acknowledge, the parties agree as follows:
1. As used herein, the term “accessible” or “usable” means “in compliance with the new construction provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and the Environmental Barriers Act.” All work performed under this Agreement will ensure accessibility/usability as defined by these laws.
2. As referenced herein, the “Plan” is the plan drafted by Legat Architects indicating the work to be performed under this Agreement. The Plan is incorporated into this Agreement. It is attached as Exhibit A.
3. The Development Parties will perform the following measures to ensure the City Hall and Courtyard are accessible to persons with mobility disabilities:
a. make the route to the front entrance of City Hall accessible by ensuring the cross slope in the area in front of the police station does not exceed 2%, in accordance with modification # 1 on the Plan;
b. create and mark two accessible parking spaces, in accordance with modification # 2 on the Plan, as follows: (1) one on the west side of Martin Luther King, Jr. Avenue next to the curb cut that leads to the site; and (2) one in the parking area at the northeast side of the police station;
c. install accessible parking signs, in accordance with modification # 3 on the Plan;
d. install signs to indicate the location of accessible routes, in accordance with modification # 4 on the Plan;
e. install truncated domes at curb cuts, in accordance with modification # 5 on the Plan;
f. eliminate the following hazard along the route leading from the southeast side of City Hall, in accordance with modification # 6 on the Plan: the drop-off created by the in-ground light fixture (third light from the curb cut);
g. install an accessible van sign to identify the accessible van space in the parking lot on the west side of City Hall, in accordance with modification # 7 on the Plan;
h. extend the top and bottom portions of the handrails on the ramp leading to the back entrance of City Hall, in accordance with modification # 8 on the Plan;
i. install raised edging on the ramp leading to the dais in the City Council meeting room, in accordance with modification # 9 on the Plan;
j. ensure the door-opening force for the following doors is accessible, in accordance with modification # 10 on the Plan: (1) the doors leading to the City Council meeting room; and (2) the west-side fire doors leading to the stairwell on the second level;
k. install an accessible ramp on the east side of the Courtyard, in accordance with modification # 11 on the Plan;
l. make the route to the back entrance of City Hall accessible by ensuring the cross slope does not exceed 2% and the running slope does not exceed 8.3%, in accordance with modifications # 1 and # 12 on the Plan;
m. install a “handi-ramp” curb ramp at the tip of the circular drive on the west end of the site, in accordance with modification # 13 on the Plan;
n. build-out a sidewalk (at pavement level) on the south side of the circular drive to create an accessible path from the accessible parking area to the circular drive, in accordance with modification # 14 on the Plan;
o. appropriately identify and stripe an accessible path of travel leading from the south side to the east side of the circular drive, in accordance with modification # 15 on the Plan; and
p. eliminate the following hazard along the route leading from the southeast side of City Hall, in accordance with modification # 16 on the Plan: the drop-off created by a recessed gas valve cap located near the curb cut.
4. The measures identified in paragraph 3 shall be completed within 60 days of execution of this Agreement.
5. The Lake County CIL releases and discharges the Development Parties from any and all new design and new construction claims arising out of the new construction matters referenced in paragraph 3 of this Agreement, and any and all new design and new construction claims concerning the following areas: a) the public areas on the first and second floors of the new City Hall (exclusive of the public bathrooms; b) the City Council meeting room; c) the on-site routes leading to the front and back entrances of the new City Hall; d) the new Courtyard; e) the parking area fronting the new City Hall along the west side of Martin Luther King Jr. Avenue; and f) the parking lot on the west side of the new City Hall. However, this release and discharge does not include any claims that may arise under or by virtue of this Agreement, or that the Lake County CIL may have against the Development Parties concerning other projects.
6. In the event the Development Parties, or any one of them, breach any part of this Agreement, the Lake County CIL shall give the Development Parties notice of the breach and the Development Parties will thereafter have fifteen days to cure it. If, after this period, the Development Parties have not cured the breach, the Lake County CIL will have the right to seek all relief available under law, including but not limited to injunctive relief and damages. In the event of such breach, the parties agree that any applicable statute of limitations is tolled from the date of the Lake County CIL’s demand letter of June 29, 2005 to the date of discovery of the breach. In the event of litigation claiming breach of this Agreement, attorneys’ fees incurred in connection with such litigation shall be recoverable by the prevailing party to the same extent allowed under 29 U.S.C. § 794a.
7. This document constitutes the entire Agreement among the parties on the matters raised herein and no other statement, promise or agreement, whether written or oral, made by any party that is not contained in this Agreement shall be enforceable.
8. No inference will be drawn for or against any party because of its role in the drafting of this Agreement.
9. This Agreement may not be modified or amended except in a written document signed by all parties.
10. This Agreement will be interpreted, enforced and governed under Illinois Law, except where otherwise indicated.
11. The failure of the Lake County CIL to enforce any provision of this Agreement will not be construed as a waiver of its right to enforce other provisions of this Agreement.
12. This Agreement is binding upon the parties and their respective successors, heirs, representatives, executors, administrators and assigns.
13. The parties agree that this Agreement may be executed in counterpart by each separately executing the Signature Section of this Agreement. The Lake County CIL will forward a copy of the fully executed Agreement to each party. In making proof of this Agreement, it shall not be necessary to produce a copy with the original signatures.
14. The effective date of this Agreement is the date of the last signature below.
