IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 95-N-555 UNITED STATES OF AMERICA, Plaintiff, V. 1400 GLENARM PLACE CO-TENANCY, Defendant. CONSENT AGREEMENT AND ORDER I. Introduction The United States has filed this action to enforce title III of the Americans with Disabilities Act (ADA), 42 U.S.C.  12181 through 12189, against 1400 Glenarm Place Co-Tenancy ("Co- Tenancy"). The complaint alleges that the defendant violated title III, and the title III regulation, 28 C.F.R. Part 36, by failing to design and carry out alterations in an accessible manner and by failing to make necessary path of travel alterations at a commercial office building located at 1400 Glenarm Place (the "Facility") in downtown Denver. Specifically, the complaint includes the following allegations. The defendant owns, operates, and leases the Facility. At some time after January 26, 1992, the defendant made alterations to the Facility and these alterations were not fully accessible to and usable by persons with disabilities as required by the ADA. In addition, the defendant failed to make alterations to the path of travel to the altered areas and to the bathrooms and water fountains serving the altered portions of the Facility in a manner that ensured that they were readily accessible to and usable by persons with disabilities. The complaint also alleged that the defendant failed to remove barriers to access, where such removal is readily achievable. The parties have agreed to resolve this dispute expeditiously and without resort to costly and protracted litigation. The defendant has agreed to correct the alterations and path of travel violations alleged in the government's complaint. In addition, the parties agree that these alterations and path of travel modifications satisfy the defendant's obligation for readily achievable barrier removal in the affected areas. II. Agreement of the Parties The parties agree as follows: 1. This Court has jurisdiction of this action under 42 U.S.C.  12188(b) (1) (B) and 28 U.S.C. SS 1331 and 1345. 2. The defendant is a partnership under Colorado law, Colo. Rev. Stat.  7-60-106, as it is an association between 1400 Glenarm Place Venture and Adar Joint Venture for the purpose of carrying on a business for profit. 3. The defendant owns a commercial office building located at 1400 Glenarm Place (the "Facility") in downtown Denver. 42 U.S.C.  12181(2); 28 C.F.R.  36.104. 4. The operations of this office building affect commerce and the office building falls within the definition of a commercial facility, under 42 U.S.C.  12181(2) and 28 C.F.R.  36.104. 5. The defendant leases portions of the basement and first floor of the Facility to the Public Service Company ("PSCO"), a - 2 - utility company which maintains a customer service area on the first floor for customers to open accounts and pay bills. 6. The defendant leases part of the second floor of the Facility to Metropolitan Dental, an establishment that provides dental care to patients. 7. At some point after January 26, 1992, the defendant began altering the Facility. The alterations included substantial changes to the basement and first floor areas of the Facility leased to PSCO and substantial changes to the second floor area of the Facility leased to Metropolitan Dental. The alterations also included changes to the main lobby and entranceway to the Facility. 8. These alterations affected the usability of or access to an area that contains a primary function. 9. Within 90 days of the entry of this Order, defendant shall make the following modifications to these alterations, which shall be constructed in such a manner as to ensure compliance with the ADA Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("ADA Standards"). See 28 C.F.R.  36.406(a). a. Install a new counter and shelf in the basement space leased to PSCO to conform to the ADA Standards  4.25.3 and  4.32.4, and built in accordance with the blueprints annexed hereto as Exhibit 1. b. Enlarge the pylon supporting the directory in the first floor lobby space of the Facility to comply with ADA Standards  4.4.1, and built in - 3 - accordance with the blueprint annexed hereto as Exhibit 2. c. Enlarge a doorway to a consultation room in the second floor space leased to Metropolitan Dental of sufficient width to comply with ADA Standards S 4.13.5. d. Use door hardware in the second floor space leased to Metropolitan Dental that complies with ADA Standards  4.13.9. 10. Within 90 days of this order, the defendant shall make modifications to the path of travel to the altered areas in such a manner to ensure compliance with the ADA Standards. Specifically, the defendant shall make the following modifications. a. Modifications to both the basement level men's and women's restrooms serving the altered PSCO area, complying with ADA Standards  4.23 and built in accordance with the blueprints annexed hereto as Exhibit 3. b. Modifications to the basement level water fountain, complying with ADA Standards  4.15. c. Installation of an alternate accessible entrance on 14th Street to the first floor customer service area occupied by PSCO. This entry will be operational during all PSCO office hours, will have an electric door opener, and will comply with ADA Standards  4.13 and 4.14. d. Installation of signage, complying with ADA - 4 - Standards  4.30.1, 4.30.2, 4.30.3, 4.30.5, and 4.30.7, at the Glenarm Place entrance to the first floor customer service area occupied by PSCO, indicating the location of the accessible entrance to such space. e. Modifications to the men's and women's restrooms in the first floor area occupied by the PSCO customer service area. These modifications shall comply with ADA Standards 4.23 and shall be built in accordance with the blueprints annexed hereto as Exhibit 4. f. Modifications to the second floor men's and women's restrooms serving the second floor area occupied by Metropolitan Dental. These modifications shall comply with ADA Standards  4.23 and shall be built in accordance with the blueprints annexed hereto as Exhibit 5. 11. The parties shall attempt to negotiate a resolution of any dispute relating to the interpretation or implementation of this Order before bringing the matter to the Court's attention. 12. The Court shall retain jurisdiction of this action to enforce the provisions of this Order for two years from the date of this Order after which time all of its provisions shall be terminated, unless the Court determines it is necessary to extend any of the requirements imposed by this Order, in which case those specific requirements shall be extended. 13. This Order is limited to the facts set forth herein and it does not purport to remedy any other potential violations of - 5 - the Americans with Disabilities Act or any other federal law. This Order does not affect the continuing responsibility of any of the defendants to comply with all aspects of the Americans with Disabilities Act. SO ORDERED this 31 day of March, 1995. United States District Judge Agreed and Consented to: For Plaintiff United States of America: JOAN A. MAGAGNA KEN S. NAKATA Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738-6738 Washington, D.C. 20035 Tel: (202) 307-2232 For Defendant 1400 Glenarm Place Co-Tenancy, MICHAEL J. NORTON Friedlob, Sanderson, Raskin, Paulson & Tourtillott 1400 Glenarm Place Denver, Colorado 80202-5099 Tel: (303) 571-1400 - 6 - F. Order such other appropriate relief as the interests of justice may require. JANET RENO Attorney General DEVAL L. PATRICK Assistant Attorney General Civil Rights Division JOHN L. WODATCH, Chief Public Access Section Civil Rights Division U.S. Department of Justice JOAN A. MAGAGNA KEN S. NAKATA Attorneys Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Tel: (202) 307-2232 Local Counsel: HENRY L. SOLANO United States Attorney for the District of Colorado by: Linda A. Surbaugh Assistant United States Attorney for the District of Colorado 1961 Stout Street, Suite 1100 Drawer 3608 Denver, Colorado 80294 (303) 844-3885 - 7 - (Form) 1400 GLENARM PLACE PSCO LOUNGE EXHIBIT 1 (Form) 1400 GLENARM PLACE BUILDING DIRECTORY EXHIBIT 2 (Form) 1400 GLENARM PLACE BASEMENT LEVEL RESTROOMS EXHIBIT 3 (Form) 1400 GLENARM PLACE FIRST FLOOR RESTROOMS (Form) 1400 GLENARM PLACE 2ND LEVEL RESTROOMS