VOLUNTARY COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE TOWN OF LEWISBORO, NEW YORK

III. IMPLEMENTATION AND ENFORCEMENT

28. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date until the Agreement terminates, Lewisboro will submit written reports to the U.S. Attorney's Office summarizing the actions Lewisboro has taken pursuant to this Agreement.  Reports will include photographs, architectural plans, notices published in the newspapers (including, but not limited to, the notice required by paragraph 5 above), and copies of adopted policies.

29. Pursuant to paragraph 34, during such time as this Agreement remains in effect the U.S. Attorney's Office may review compliance with this Agreement at any time.  If the U.S. Attorney's Office believes this Agreement or any portion of it has been violated, it will so notify Lewisboro in writing and it will attempt to resolve the issue or issues in good faith.  If the U.S. Attorney's Office is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to Lewisboro, it may institute a civil action in federal district court at any time thereafter directly to enforce title II or to enforce the terms of this Agreement.

30. Except where Lewisboro has relied on a written agreement of the U.S. Attorney's Office, failure by the U.S. Attorney's Office to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the U.S. Attorney's Office's right to enforce other deadlines and provisions of this Agreement.

31. In the event that Lewisboro fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the U.S. Attorney's Office for a temporary modification of the relevant terms of this Agreement, the U.S. Attorney's Office may, at any time hereafter, file suit in an appropriate federal district court to enforce the terms of the Agreement or, at its option, declare the Agreement null and void and file suit to enforce title II of the ADA.

32. This Agreement is a public document.  A copy of this document or any information contained in it may be made available to any person by Lewisboro or the U.S. Attorney's Office upon request.

33. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable.  This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law.  This Agreement does not affect Lewisboro's continuing responsibility to comply with all aspects of the ADA.

34. This Agreement will remain in effect for three years from the effective date of this Agreement, or until the parties agree, in writing, that full compliance with this Agreement by Lewisboro has been achieved, whichever occurs first. 

35. The effective date of this Agreement is the date of the last signature below.

36. The persons signing for the Town of Lewisboro, New York represent that they are authorized to bind Lewisboro to this Agreement.