SETTLEMENT AGREEMENT 1. Parties. The parties in this Settlement Agreement ("Agreement") are the United States of America (the "United States") and Steve Pavey, owner and operator of Pavey's Grocery Store (the "Grocery"), 27093 U.S. 52, Rushville, Indiana. 2. Nature of Complaint. This matter was initiated by a complaint filed with the United States against the Grocery. The complaint was investigated by the U.S. Attorney's Office, Southern District of Indiana, under the authority granted by the Americans with Disabilities Act ("ADA"), 42 U.S.C.  12188. The complaint includes allegations that the Grocery 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 Grocery, 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 Grocery as it is a place of public accommodation, as defined in the ADA, 42 U.S.C.  12181(7)(E), and section 36.104 of the implementing regulations of the Department of Justice (the "Department"), 28 C.F.R.  36.104. 4. Subject of Agreement. The subject of this Agreement is the removal of architectural barriers from the Grocery. The Grocery 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 Department's Title III regulations, 28 C.F.R. pt. 36, including the Standards for Accessible Design, Appendix A ("the Standards"). 5. Actions to be Taken. Pavey agrees that he will do the following: (a) within 90 days of the effective date of this Agreement, modify the ramp at the main entrance of the Grocery to decrease the ramp's slope and otherwise make it comply with the ADA and Section 4.8 of the Standards; (b) within 90 days of the effective date of this Agreement, either: (1) decrease the pressure valve on the 01-05185 hydraulic door closer on the door to the main entrance of the Grocery such that the door can be opened using no more than five pounds of force, or (2) unhook the hydraulic door closer to allow the door to open freely; and (c) ensure that the foregoing modifications remain in effect and that any remodeling undertaken at the Grocery fully complies with the ADA, the Department's Title III regulations, and the Standards. 6. Progress Report/Inspections. Within 120 days of the effective date of this Agreement, Pavey shall submit a report to the United States Attorney detailing the actions taken to comply with this Agreement. In addition, Pavey will permit representatives from the U.S. Attorney's Office and/or the Civil Rights Division to inspect the premises of the Grocery to verify compliance with this Agreement. 7. Agreement not to Prosecute. Provided that Pavey fully complies with all terms of this Agreement, the United States will cease its investigation and/or prosecution of the complaint referenced in paragraph 2 of this Agreement; provided, however, that this shall not limit the United States' ability to enforce this Agreement. Nor does this Agreement prevent the United States from investigating and/or prosecuting other ADA complaints that may be filed, or otherwise relieve Pavey and/or the Grocery from fully complying with the ADA. 8. 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. 9. Non-Waiver. Failure by the United States to enforce any provisions(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. 2 01-05186 10. Public Document. This Agreement is a public document. Copies of this Agreement shall be made available to any person by either party. 11. Authority to Bind. A signer of this document in a representative capacity for a partnership, corporation, or other entity, represents that he or she is authorized to bind such partnership, corporation or other entity to this Agreement. 12. Entire Agreement. This Agreement sets forth the complete agreement between the parties. In entering into this Agreement Pavey does not rely on any representation or statement not set forth herein. 13. Effective Date. The effective date of this Agreement is the date of the last signature below. For Steve Pavey and For the United States: Pavey's Grocery Store: JUDITH A. STEWART United States Attorney (Signature) ______________________ Steve Pavey (Signature) _____________________________ Date 5-28-97 (handwritten) JUDITH A. STEWART UNITED STATES ATTORNEY (Signature) By: _________________________________ Tim A. Baker Assistant United States Attorney Date 6/6/97 (handwritten) 3 01-05187