SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND NORTH COMMUNITY BANK Background 1. The parties to this Settlement Agreement ("Agreement") are the United States of America and North Community Bank. 2. This agreement resolves the following complaint filed with the Department of Justice ("Department") under title III of the Americans with Disabilities Act of 1990 ("ADA") , 42 U.S.C. §§ 12181-89, and its implementing regulation, 28 C.F.R. pt. 36: Department of Justice Complaint Number (DJ#) 202-23-57, filed by XXXXXXXX. The complaint was investigated by the Department under the authority granted by section 308(b) of the ADA, 42 U.S.C. § 12188. Jurisdiction 3. North Community Bank is a public accommodation, as defined in section 301(7)(e) of the ADA, 42 U.S.C. § 12182 (7) (k), and its implementing regulation, 28 C.F.R. § 36.104. 4. North Community Bank provides banking and financial services in the City of Chicago, Illinois. The facility that is the subject of the Complaint is a place of public accommodation,within the meaning of section 301(7) (e) of the ADA, as further defined in 28 C.F.R. §36.104. 5. The individual named in the Complaint is a person with a disability within the meaning of 42 U.S.C. § 12102(2) and 28 C.F.R. § 36.104. Complaint 6. Mr.XXXXX alleges that the bank is inaccessible to persons with mobility impairments. He alleges that the lack of accessibility to the bank entrance and to the ATM machine led to an accident in which he sustained severe injuries. Agreement 7. To avoid unnecessary and costly litigation, the parties hereby agree to the provisions set forth in paragraphs 8 and 9 below. 8. North Community Bank agrees to take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals. This includes accessible ramps to the bank and the ATM. 1 Ramps were installed in February 1999, as verified by the complainant and the Chicago Human Relations Commission. The North Community Bank will retain an outside consultant to conduct an assessment of its services and activities to ensure that they are available to persons with mobility, sight and hearing disabilities. North Community Bank will submit its consultant’s report to the Department of Justice describing the actions taken to fulfill this commitment within 90 days of the effective date of this Agreement. 9. North Community Bank hereby agrees to pay a total of Eight Thousand and 00/100 Dollars ($8,000.00) to XXXXXXXX as full and final settlement of any damages Mr.XXXXX claims for personal injuries suffered as stated in the Complaint set forth in paragraph 6 above. Payment will be made no later than 10 days of the effective date of this Agreement. Implementation and Enforcement of this Agreement 10. The Attorney General is authorized, pursuant to 42 U.S.C. § 12188 (b) (1) (B), to bring a civil action to enforce title III of the ADA in any situation where the Attorney General finds a pattern or practice of discrimination or an issue of general public importance. In consideration of the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit under title III in this matter. 11. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any portion of it has been violated, it may institute a civil action in Federal district court to enforce this Agreement or the requirements of title III, following written notice to North Community Bank of the possible violation and a period of 10 days in which North Community Bank has the opportunity to cure the alleged violation. 12. The parties stipulate that if the Department sues under paragraph 11 and prevails, the bank will pay a $10,000 civil penalty authorized under 42 U.S.C. § 12188(b) (1) and 28 C.F.R. §36.504, within 10 days of the entry of judgment. 13. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein shall not be construed as a waiver of the Department of Justice’s right to enforce other deadlines and provisions of this Agreement or to bring an action pursuant to paragraph 12. 14. 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 North Community Bank or the Department of Justice on request. 15. The effective date of this Agreement is the date of the last signature below. 16. This Agreement constitutes the entire agreement between the parties on the matters raised 2 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, will be enforceable under its provisions. 17. This Agreement is limited to the facts set forth herein and does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect North Community Bank’s continuing responsibility to comply with all aspects of title III of the ADA. 18. The signer of this document for North Community Bank represents that he or she is authorized to bind North Community Bank to this Agreement. For North Community Bank: For the United States: /S/ /S/ Scott M. Yelvington L. Irene Bowen, Deputy Chief President Susan B. Reilly, Supervisory Attorney North Community Bank Thomas Esbrook, Investigator 3639 N. Broadway Disability Rights Section Chicago, IL 60613 Civil Rights Division (773) 248-9500 U.S. Department of Justice P.O. Box 66738 Washington, DC 20035-6738 (202) 307-D663 Date 4/28 , 1999 Date May 14, , 1999 3 ************************************************************************ I acknowledge by my signature below that the above Settlement Agreement between the United States and the North Community Bank resolves any claims I may have had arising out of the facts described in paragraph 6 above, including any personal injuries suffered on the premises of North Community Bank, and I hereby agree to execute a Request for Voluntary Withdrawal of Complaint Pursuant to Private Settlement Agreement in the matter of City of Chicago, Commission on Human Relations Case No.XXXXXX. By XXXXXXXXXXXXXXXX Date: 4-30-99 XXXXXXXXXXXXXXX XXXXXXXXXXXXXXX XXXXXXXXX XXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXX 4 I acknowledge by my signature below that the above Settlement Agreement between the United States and North Community Bank resolves any claims I may have had arising out of the facts described in paragraph 6 above, including any personal injuries suffered on the premises of North Community Bank, and I hereby agree to execute a Request for Voluntary Withdrawal of Complaint Pursuant to Private Settlement Agreement in the matter of City of Chicago Commission on Human Relations Case No. XXXXX. By: Date. XXXXXXXXX XXXXXXXXXX XXXXXXXXXXXXXXX XXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX 4 City of Chicago COMMISSION ON HUMAN RELATIONS 740 N. Sedgwick, 3rd Floor Chicago, IL 60610 (312)744-4131 [Voice]/(312)744-1088 [TDD] IN THE MATTER OF ) ) XXXXXXXXXXX ) COMPLAINANT, ) Case No.XXXXX ) AND ) ) NORTH COMMUNITY BANK ) RESPONDENT. ) ) REQUEST FOR VOLUNTARY WITHDRAWAL OF COMPLAINT PURSUANT TO PRIVATE SETTLEMENT AGREEMENT I, XXXXXXXXXX filed the Complaint in the matter captioned above. I am requesting permission to withdraw. that Complaint voluntarily. I understand that I thereby forgo my right to pursue this complaint further before the Chicago Commission on Human Relations. I further understand that pursuant to Regulation 235.210, this request must be submitted to the Commission, and the Commission shall approve the request if it is knowingly and voluntarily made, and shall promptly notify the parties of this withdrawal in writing. By initialing here ,I am indicating that I have entered into a private settlement agreement with the Respondent. Signed: Date: Signed and sworn to before me this day of , 1999. Notary Public