SETTLEMENT AGREEMENT BETWEEN AND AMONG THE UNITED STATES OF AMERICA, [redacted], THE CITY OF HARTFORD, et al., UNDER THE ADA

II. Terms of Agreement

15. The XL Center Parties agree to remove the barriers to access in accordance with this Agreement as listed in Paragraph P. The XL Center Parties further agree that modifications to the XL Center must comply with the 2010 ADA Standards for Accessible Design (the 2010 Standards), See 28 CFR § 36.104 (defining the “2010 Standards” as the requirements set forth in appendices B and D to 36 CFR part 1191 and the requirements contained in subpart D of 28 CFR part 36).

16. The XL Center Parties (excluding Northland) agree to make the following additional modifications to the XL Center:

    1. Two toilet rooms total, the men’s toilet room located on the Church Street Concourse outside of Sections 118 and 119, and women’s toilet room located on the Main Concourse, outside Sections 102 and 103, shall each be renovated by June 30, 2013 to provide one fully accessible men’s toilet room and one fully accessible women’s toilet room. See the 2010 Standards §§ 205, 213, 309, 603, 604, 605, and 606. The signs for such toilet rooms shall include the International Symbol of Accessibility. See the 2010 Standards §§ 216.8 and 703.7.2.1. Where existing toilet rooms are not accessible, directional signs indicating the location of the nearest accessible toilet room within the facility shall be provided.

    2. For the concession stands not already modified, the concession staff has been, and will continue to be, trained to greet and service clients with disabilities.

    3. For the area identified as the former press box, such area shall be renovated to provide for the addition of a minimum of 25 ADA-compliant seats by June 30, 2013. See the Title II Regulations 28 CFR § 35.151(g), Title III Regulations 28 CFR § 36.406(f), 2010 Standards §§ 221 and 802. Such renovation may include the removal of the second-row seating presently in place if feasible. Any entryway into the old press box area, including any ramps, shall be modified to comply with the ADA. See the 2010 Standards Chapter 4. In addition, any other architectural barriers identified during the renovation of such area shall also be addressed, if feasible. Any entryway into the old press box area, including any ramps, shall have the grade/slope modified to comply with the ADA. See the 2010 Standards § 405.2. The parties acknowledge that the existing width of the ramp and entryway is in compliance with the ADA standards.

    4. For any future events to be held at the XL Center where a contract has not yet been secured, the operator of the XL Center agrees to ask that the event promoter or event contract representative adopt a flexible seating arrangement, whereby a combination of floor seats, seats in front of the current ADA-compliant seats on the Main Concourse level, seats in the Coliseum Club, and seats in the former press box area, be utilized, where feasible, to provide for the maximum-available ADA-compliant seating. The operator shall request that the rows in front of the Main Concourse level wheelchair accessible seats only be available for sale when the remaining portion of the section has been filled, so as to enable patrons in those accessible seats to have unobstructed lines of sight when possible. At all times, the XL Center operator shall strive to provide for as many ADA-compliant seats as feasible, up to the levels required by the ADA. However, it is the intent of this paragraph to provide the operator of the XL Center with flexibility to determine the appropriate seating for any particular event, taking into account appropriate business factors in making such a determination while providing as many ADA-compliant seats as possible.

17. The XL Center Parties shall maintain compliance with the ADA. Beginning six months after the Effective Date of this Agreement, and each six months thereafter, for the duration of this Agreement, each of the XL Center Parties will provide a written report (“Compliance Report”) to the United States Attorney’s Office for the District of Connecticut, detailing the status of its compliance with this Agreement. The Compliance Reports shall include documentation of the architectural items remedied, including photographs, plans, and other documents which substantiate compliance with this Agreement. In addition to receiving the Compliance Reports, the United States may review compliance with this Agreement at any time by requesting information or documents from any of the Parties, which shall not be unreasonably withheld, and visiting the XL Center. 

Each XL Center Party agrees to designate a specific employee to coordinate the implementation and management of the ADA compliance of the XL Center, including but not limited to implementing this Agreement, overseeing the implementation and management of the XL Center’s accessible seating policies, insuring future ADA compliance, and educating and training employees on the ADA’s requirements. The University agrees to designate a specific employee to oversee the University’s compliance with its obligations under this Agreement.

18. AEG and the University shall maintain their ticketing policies and procedures in compliance with the ADA and regulations thereunder(sic).

19. Within twenty (20) business days from the Effective Date of this Agreement, CI shall pay Cohen and Wolf the sum of Twenty Thousand and No/100 Dollars ($20,000.00) as reimbursement for [redacted]’s legal fees and costs in connection with this matter (“Fees”). Within twenty (20) business days from the Effective Date of this Agreement, CI shall pay [redacted] the sum of Three Thousand and No/100 Dollars ($3,000.00) as compensatory damages for nonphysical injuries in connection with this matter (“Damages”; together with the Fees, the “Settlement Amount”). In consideration of the payment of the Settlement Amount and other good and valuable consideration described in this Agreement, [redacted], for herself and for her heirs, executors, administrators, successors and assigns, hereby voluntarily and knowingly waives, releases and covenants not to sue the XL Center Parties or the University, or their respective predecessors, successors, assigns, with respect to any and all claims, demands, damages, liabilities and causes of action, in law or in equity, known or unknown, which [redacted] now has or ever had against the XL Center Parties or the University, or their respective predecessors, successors, assigns, for any losses, injuries or damages resulting from, or arising out of, or connected with the matters addressed in this Agreement, including but not limited to the Complaint and the items listed in this Agreement. All payments described in this paragraph shall be reported on IRS Forms 1099 as appropriate.