SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OLYMPIA ENTERTAINMENT, INC. REGARDING JOE LOUIS ARENA

IV. ALTERATIONS AND NEW CONSTRUCTION

40. Excepting action taken by Olympia pursuant to paragraphs 32 through 33 of this Settlement Agreement, any renovations or alterations, as defined in 42 U.S.C. §12183, made to Joe Louis Arena and not described in this Settlement Agreement after the date of the Settlement Agreement, shall comply with the ADA, the implementing regulations, and the 2010 Standards, as such statute, regulation and Standards are in effect as of the date that physical renovations or alterations begin.

41. If Olympia’s Entertainment Operations are relocated to a new facility, or to a location other than the Event Center which is otherwise governed by this Settlement Agreement, such relocated site or new facility shall comply in all respects with the ADA, its implementing regulations, and the 2010 Standards, as such statute, regulation, and Standards are in effect as of the date that physical construction or renovation begin, or relocation occurs. 

42. Based on the representation made by Olympia that its Entertainment Operations are to be relocated to the Events Center for which construction is anticipated to commence sometime between the Fall of 2014 and the Spring of 2015, with operations and events anticipated to commence some between the Fall of 2017 and the Spring of 2018, and Olympia’s commitment to ensuring that the Events Center will fully comply with the ADA as per paragraph 15, Olympia will require that Olympia Development of Michigan, LLC or its designee shall:

    1. Retain an Independent Licensed Architect (“ILA”) knowledgeable about the architectural accessibility requirements of the ADA, who will be paid by Olympia or by Olympia’s designee without regard to outcome, and pre-approved by the United States, to review whether the architectural elements of the Events Center conform to the ADA and its implementing regulations, as well as the 2010 Standards.  The ILA will provide any necessary technical assistance throughout the term of this Settlement Agreement, but the United States retains the right to ultimately determine whether the Events Center will comply in all respects with the ADA for purposes of this Agreement.

    2. As soon as they are available, provide to the ILA all plans and specifications for the Events Center sufficient to determine whether that the Events Center will comply with the ADA (“ADA Plans”).  The ADA Plans shall include, at a minimum, the final schematic design, design development documents, and construction documents.  The ILA shall have thirty (30) days from the date the ILA receives the ADA Plans to render a written opinion to the United States as to whether the ADA Plans comply with the ADA.  The United States shall have fourteen (14) days after receiving the ILA’s opinion to object to the ADA Plan (“ADA Plan Objection Date”).  In the event the United States does not object to the ADA Plans in writing on or before the ADA Plan Objection Date, the ADA Plans will be deemed to have been approved by the United States.  In the event the United States determines that the ADA Plans do not substantially comply with the ADA, Olympia or is designee will correct the ADA Plans and submit the corrected ADA Plans to the ILA for review and approval (“Corrected ADA Plans”).  The time deadlines for the initial ADA Plans approval process shall apply to any Corrected ADA Plans.  Failure of the United States to timely object to any Corrected ADA Plans shall constitute acceptance of them.

    3. Olympia shall provide written notice to the United States and the ILA that construction will be commenced on the Events Center on or before thirty (30) days from the date such construction is to commence.  Thereafter, the ILA shall inspect the Events Center every two (2) months to determine whether the construction of the Events Center is in compliance with the ADA Plans and shall report the results of its inspections to the United States within fourteen (14) days following inspection.  In the event that the United States, after consultation with the ILA, determines that the construction is not in compliance with the ADA Plans, the United States shall provide written notice of the alleged deviation(s) to Olympia within seven (7) days and Olympia has the right to either to correct the alleged deviation or to contest the same in writing to the United States who shall decide compliance or lack of compliance on or before fourteen (14) days from the date of any objection submitted by Olympia.  The United States’ determination shall be final and shall solely be based upon the ADA Plans.  The foregoing process for determining compliance with the ADA Plans shall remain in effect until construction is finally completed including installation of furniture, fixtures and equipment.  In no event shall the ILA or the United States be permitted to require removal and/or alteration of any previously approved construction as any and all prior approvals shall be deemed conclusive as to the United States and Olympia for purposes of this Settlement Agreement.  To the extent, after construction commences, the construction plans change in a manner impacting the approved ADA Plans, Olympia shall submit the changed plans to the ILA to be reviewed and approved in the same manner as the Corrected ADA Plans above.  The construction shall thereafter comply to the extent the ADA Plans have been modified by reason of the change in construction plans.

    4. No less than 180 days prior to the date upon which the Events Center is open to the public, provide to the United States copies of, or a description of, all policies, practices, and procedures concerning individuals with disabilities that will be implemented and followed at the Events Center, including but not limited to ticketing policies and the provision of auxiliary aids and services (“ADA Operating Policies”).  Unless the United States determines in writing on or before ninety (90) days from receipt of the ADA Operating Policies that the same are not in compliance with the ADA, the ADA Operating Policies shall be deemed approved.  In the event, the United States issues a  corrective notice on or before ninety (90) days from receipt of the ADA Operating Policies, Olympia shall have the right to confirm implementation of the same and issue revisions (“Revised ADA Operating Policies”) or have the right to reasonably contest the claimed deficiency as provided by applicable law.

    5. Comply with all other reasonable requests from the United States for documents or information that would assist in determining whether the Events Center will comply in all respects with the ADA and this Settlement Agreement.