Loading...
HomeMy WebLinkAbout2004-048 FEB - 26 - 2004 15 : 03 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 2 SETTLEMENT AGREEMENT 0 ` r o g go This Settlement Agreement ("Agreement") is entered into by and between Plaintiffs ACCESS NOW, INC. and ROLA.ND W. GRADY ("Plaintiffs'), and Defendants LOS ANGELES DODGERS, INC., DODGERTOWN, INC., HARRISON CONFERENCE SERVICES OF FLORIDA, JNC., and INDIAN RiVER COUNTY ("Defendants") (all parties collectively referred to as the "Parties"). This Agreement shall be effective on the date that its execution is completed by all the parties hereto ("Effective Date") . RECITALS : WHEREAS , Plaintiffs have filed an civil action against the Defendant styled Access Now, lne. and Roland W. Grady v los Angeles Dodgers, Inc. , Dodgertown, Inc. , Harrison Conference Services of Fo lorida, Inc. , and Indian River County, Care No. : 01 - 14259- CIV- PAI1VE (the "Action' ) which asserts claims that the Defendants are liable for alleged violations of Title III & II of the Americans with Disabilities Act ("AAA "), 42 U . S . C . § § 12181 et seg . , at various properties described in the amended complaint which is collectively known as Dodgertown and located in Vero Beach , Florida (the "Property ) ,- WHEREAS, Property ) ;WHEREAS, the Defendants have denied any and all liability and wrongdoing with respect to the Plaintiffs ' claims in this Action , but seek settlement for the sole purpose of reducing their legal expenses associated with. the defense of this Action; WHEREAS, subject to the terns of this Agreement, Plaintiffs and Defendants have agreed to settle this Action and resolve any and all disputes between and among them; NOW THEREFORE, in consideration of the mutUal covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, the Parties agree to be legally bound by the following tenns and conditions which constitute full settlement of this Action : 1 , Recitals : The Parties acknowledge that all of the "WHEREAS" clauses preceding paragraph 1 are incorporated as material parts of this Agreement . 2 , No Admission of Liability: Plaintiffs agree and acknowledge that this Agreement (including any of its discrete sub-parts) is not and shall not be construed as an admission by the Defendants (or any person or entity acting on their behalf) of any liability or any act of wrongdoing whatsoever, including without limitation, any violation of ( 1 ) any federal, state or local law , statute, regulation, code or ordinance; or (2) of any legal , common law or equitable duty owed by the Defendants to anyone. 3 . Readily Achievable Standard : The Parties agree that the Property is a pre-ADA public accomi-nod.ation which is subject to the ADA' s readily achievable standard, andthus, all alterations and/or modifications required by this Agreement need only satisfy that standard . To the extent that this Agreement references specific ADAAG code sections, these references are solely for guidance where readily achievable. 4 . Right of Inspection : Defendants agree to complete all alterations and modifications required under this Agreement within two (2) years of its Effective Date unless otherwise noted herein . To verify the completion of the work required hereunder, Plaintiffs ' representatives) shall be provided reasonable access to the Property pursuant to the following terms: ( I ) upon the completion of the alterations specified in this Agreement, Defendants shall provide written notification to Plaintiffs' counsel ; (2 ) upon receipt of that notification, the Plaintiffs will have the right to inspect the Property to verify completion if, and only il; they first give the Defendants written notice of their intent to inspect the Property. Plaintiffs ' right of inspection will be waived if Plaintiffs fail to provide Defendants with written notice of the intent to inspect within 30 days of the receipt of Defendants' notification of completion . Plaintiffs ' right of inspection will also be waived if they give timely written notice of their intent to inspect but fail to complete their inspection within 30 days of their notice _ "Notice" shall conform to the terms specified in paragraph 11 , below . 5 . Attorney 's Fees : The Parties stipulate that the ADA provides for attorneys fees and costs to a prevailing party, and the Parties recognize that the issue of entitlement to fees and costs can only be determined by the Court after the issue has been fully litigated . However, the Parties also recognize and agree that any dispute over costs and fees will not hinder or delay the settlement of this Action. Rather, the Parties by this Agreement will settle all substantive issues in this Action except for the issue of entitlement to costs and fees which will be resolved by the Court. By entering into this Agreement, the Defendants do not admit and expressly deny ( 1 ) that they have violated the ADA ; ( 2 ) that they have any liability under the ADA as stated in paragraph 2 of this Agreement; and (3 ) that the Plaintiffs are a prevailing party under the ADA . 6 . Release : In consideration of the Defendants' obligations under this Agreement, Plaintiffs and their legal representatives, agents, associational members, administrators, parents, subsidiaries , affiliates , successors and assigns (collectively referred to as the "Releasor") hereby remises, releases, acquits, satisfies, and forever discharges the Defendants and their heirs, executors , administrators, partners, members, managers, agents, servants, employees , legal representatives, successors, assigns, officers, employees, and affiliates (collectively referred to as the "Releasees' ) of and from any and all actions, causes of action, suits , debts , dues, sums of money, accounts, reckonings , bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments , executions , claims, demands and liabilities whatsoever specifically related to the Property, whether known or unlanown. or suspected to exist by anyone and whether statutory, in. law or in equity, which the Releasor ever had, now has or may now have against the Releases specifically related to the Property for or by reason of any matter, cause or thing whatsoever specifically related to the Property, from the beginning of the world to the Effective Date of this Agreement, including without limitation any claims : ( 1 ) asserted in this Action ; and (2) under Title IT and Title III of the ADA, the Florida Accessibility Code or any administrative, regulatory, or common law relating to access for persons with disabilities at the Property covered by this Agreement, with the exception of actions for the enforcement of this Agreement. 7 . Joint Stipulation of Dismissal with Prejudice : Upon execution of this Agreement by all Parties, the Parties ' respective counsel will execute the Joint Stipulation of Dismissal with Prejudice attached as Exhibit "A" hereto and file it with the Court . 2 MAR - 03 - 2004 11 : 24 FROM : LITTER MENDELSON 305 603 2552 T0 : 2 #229# 17725694317 # P . 2 / 4 S. Covenant Not To Svc: Except as required by court order, subpoena or other legal process, the Releasor further agrees and covenants that neither it, nor any person or entity acting on its behal& will rile, charge, claim, sue, encourage, aid or participate in any legal action or administrative proceeding against the Releasees involving any matter specifically related, to the Property occurring at any time in the past up to and including the $ffective Date of this Agreement or involving any continuing effects of any acts or practices at or related to the Property which may have arisen or occurred prior to the Effective Date of this Agreement. The Releasor further agrees that if any person, organization or other entity should bring a claim against the Releasees involving any such matter, it will not accept any individual relief in any such action. 9. Othcr Actions: Plaintiffs represent that, other than this Action, they (either jointly or severally) have no suits, claims, charges , complaints or demands of any kind whatsoever currently pending against the Defendants, withnay local, state, or federal court or any governmental, administrative, investigative, civil rights or other agency or board . 10. Confidentiality : The Parties warrant that all the provisions of this Settlement Agreement will remain in strict confidence, except where disclosure is required by law , or under appropriate legal process to enforce this Agreement. The Parties agree to refrain from making any statements about this Action, the allegations contained therein, or this Settlement Agreement, The Plaintiffs and their attorneys may acknowledge to any party that Plaintiffs filed a complains, that the Defendants denied any and all liability, and that the case has been settled amicably without admission of liability by any party, The Defendants may share this Settlement Agreement with any prospective purchasers of the Property, with any parties engaged to perform the barrier removal obligations herein, and as evidence against future potential or actual legal action regarding the Property' s ADA compliance . 11 , Notice Requirements : Each notice ("Notice') provided for under this Agreement must comply with the requirements as set forth in this paragraph , Each Notice shall be in writing and sent by depositing it with a nationally recognized overnight courier service which obtains receipts (such as Federal Express or UPS Next Day Air), addressed to the appropriate party (and marked to a particular individual ' s attention, if so indicated) as hereinafter provided. Each Notice shall be effective upon being so deposited, but the time period in which a response to any notice must be given or any action taken with respect thereto sliall commence to run from the date of receipt of the Notice by the addressee thereof, as evidenced by the return receipt. Rejection or other refusal by the addressee to accept or the inability to deliver because of a changed address of which no Notice was given shall be deemed to be the receipt of the Notice sent, Any party shall have the right from time to time to change the address or. individual ' s attention to which notices to it shall be sent by giving to the other party at least ten ( 10) days prior notice thereof. The Parties ' addresses for providing Notices hcrcunder shall be as follows : SCHWARTZ ZWEBEN & ASSOCIATES Attorney for PlaintifTs Attention: Grcgory E . Schwartz, Esq. 4651 Sheridan Street, Suite 355 Hollywood, FL 33021 Tel : (954) 966-2483 Fax : (954) 966-2566 3 Littler Mendelson , P. C. Attorneys for the Defendants Attention : Carol C . Lumpkin , Esq, One Biscayne Tower 2 S . Biscayne Boulevard, 15th Floor Miami , Florida 33131 - 1714 Tel : ( 305) 400-7500 fax : (305) 603- 2552 Craig Callan, Vice President Los Angeles Dodgers 400126 1h Street Vero Beach, Florida 32991 12 , Prevailing Party : in the event that it shall be necessary for any party to this Agreement to institute legal action to enforce any of the terms and conditions or provisions contained herein, or for any breach thereof, the prevailing party shall be entitled to costs and reasonable attorney' s fees . 13 . Assignment : Plaintiffs represent and warrant that they have not (either jointly or severally) heretofore assigned or transferred , or purported to assign or transfer, to any person or entity, any claim against the Releasees or any portion thereof or interest therein . Plaintiffs further represent and warrant that no other person or entity other that the Parties hereto had or have any interest in the matters referred to in this Agreement. The Plaintiffs shall not assign any of its (or his) rights or duties under this Agreement without the express written consent of the other Parties. 14 , Voluntary Acceptance : The Parties represent and acknowledge that ( 1 ) their respective representative has consulted with their respective attorneys prior to executing this Agreement; (2) they have been represented by their respective attorneys in the negotiation of this Agreement; ( 3) their respective representatives have carefully read and fully understands all of the terms of this Agreement; (4) their respective representatives have had reasonable time and opportunity to consider this Agreement; and (5 ) they have voluntarily entered into this Agreement. 15. No Reliance: Plaintiffs represent and acknowledge that in executing this Agreement, they did not rely and have not relied upon any representation or statement made by any of the Releasees or by any of the Releasees ' agents, representatives or attorneys with regard to the subject matter, basis or effect of this Agreement, other than the promises and representations made in this Agreement . 16 . Binding Nature of Agreement : This Agreement shall be binding upon each. of the Parties and upon their respective heirs, administrators , representatives, executors, successor and assigns, and shall inure to the benefit of each party and to their respective heirs, administrators, representatives, executors, successors, and assigns. If the Property is sold or 4 FEB - 26 - 2004 15 : 05 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 6 / 46 transferred prior to the completion of the obligations required hereunder, the appropriate Defendants) will notify the purchaser or transferee of said obligations . 17. Governing Law and Jurisdiction : This Agreement shall be deemed to be made and entered into in the State of Florida, and shall in all respects be interpreted, enforced and governed under the laws of Florida, without giving effect to the conflict of laws principles of Florida law. The Parties agree that venue for any litigation brought to enforce this Agreement shall lie exclusively with the West Palin Beach Division of the United States District l'or the Southern District of Florida, or, if that court refuses jurisdiction, in any court of competent jurisdiction in Indian River County, Florida. 18 , Interpretation : The language of all parts of this Agreement shall in all cases be construed as a whole , according to its fair meaning, and not strictly for or against any of the Parties. This Agreement has been negotiated by and between attorneys for the Parties and shall not be construed against the "drafter" of the Agreement. If any portion or provision of this Agreement (including, without implication of limitation, any portion or provision of any section of this Agreement) is legally determined to be unenforceable, the remainder of this Agreement shall not be affected by such determination and shall be valid and enforceable to the fullest extent permitted by law, and said unenforceable portion or provision shall be deemed not to be a part of this Agreement. 19. Modification of Agreement : This Agreement may be amended , revoked , changed, or modified only upon a written agreement executed by all Parties . No waiver of any provision of this Agreement will be valid unless it is in writing and signed by the party against whom such waiver is charged. 20. Selective Enforcement: The Parties agree that the failure of any party to enforce or exercise any right, condition, term or provision of this Agreement shall not be construed as or deemed to be a waiver or relinquishment thereof, and the same shall continue in full force mud effect. 21 . Entire Agreement: This Agreement sets forth the entire agreement between the Parties hereto, and fully supersedes any and all prior agreements or understandings between the Parties hereto pertaining to the subject matter hereof. 22 . Headings : The headings of the provisions herein are intended for convenient reference only, and the same shall not be, nor be deemed to be, interpretative of the contents of such provision . 23 . Signatures in Counterparts : This Agreement may be executed in counterparts, and each counterpart, when executed, shall have the efficacy of a signed original . However, such counterparts shall together constitute one and the same document . 24. Authority: Eachh party represents that each person executing this Agreement on its (or his/her) behalf has been authorized to sign on behalf of the respective party and to bind it (or him/her) to the terns of this Agreement and that the respective Parties Have the power and authority to perform their respective obligations as provided by this Agreement. 5 25 . Property Modifications : The Defendants agree to modify the .Property as provided for in Exhibit "B " attached hereto . 25A . Alternate Modifications : The Parties acknowledge that the modifications agreed to in Exhibit "B" to paragraph 25 will be made pursuant to the ADAAG Standards if readily achievable (as discussed herein) . However, should any governmental entity determine that (i ) any of the aforementioned modifications be non-compliant with applicable building codes or regulations; or (ii ) the aforementioned modifications will not be approved without extensive additional or costly changes, the Defendants, their design professionals and/or their contractors will make altemate modifications to the Property which they believe in good faith will make the Property accessible to the disabled. In such an event, the Defendants will give the Plaintiffs prompt notification of the need to use alternative inodi.fications. IN WITNESS WHEREOF, this Agreement has been executed by the Parties as of the Effective Date. ROLAND W. GRADY Dated : , 2004 STATE OF FLORTDA ) ss : COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004, by who is personally known to me or who has produced (gmonacmirwamm) as identification. NOTARY PUBLIC, STATE OF FLORIDA (Print, Typc or Stamp Commissioned Name of Notary Public) 6 • FEB - 26 - 2004 15 : 05 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . B/ 46 ACCESS NOW, INC. By: Dated: , 2004 STATE OF FLORIDA ) ss : COUNTY OF ) The foregoing instrument was acknowledged before tie this day of 2004, by who is personally known to me or who has produced (type „riJmuficmmn) as identification. NOTARY PUBLIC, STATE OF FLORIDA (Print , Type or Stamp Commissioned Name of Notary Public) 7 r LOS ANGELES DODGERS , INC. By: Dated : , 2004 STATE OF CALIFORNIA ) ss : COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004 ) by who is personally known to me or who has produced (" ofWcnrffiutw� as identification. NOTARY PUBLTC, STATE OF CALIFORNIA (Print, Type or Stamp Commissioned Name of Notary Public) 8 FEB - 26 - 2004 15 : 05 FROM : LITTEP. MENDELSON 305 603 2552 TO : 772 770 5095 P . 10 / 46 DODGERTOWN, INC. By: Dated : 12004 STATE OF FLORIDA ) ss : COUNTY Of" } The foregoing instrument was acknowledged before me this day of 2004, by who is personally known to me or who has produced irmofwentificsfkm) as identification . NOTARY PUBLIC, STATE OF FLORIDA (Print. Type or Stamp Commissioned Name of Notary Public) 9 HARRISON CONFERENCE SERVICES OF >FLORI��, INC. By: Dated: , 2004 STATE OF FLORIDA ) SSG COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004, by who is personally known to me or who has produced tao� orw�i;r ,w �> as identifcation. NOTARY PUBLIC, STATE OF FLORIDA (Print, 'lype or Stamp Commissioncd Name of Notary Public) 10 M l INDIAN RIVER COUNT. Y r f.- By: - xt 2 1 Caroline D . Ginn , Cha • man Dated: March 9 , 2004 STATE OF FLORIDA ) ss : COUNTY OF } The foregoing instrument was acknowledged before me this 9th day of. MarcMO04, by Caroline D . Ginn who is personally known to me 0•X )*W0( Xb)ixxpx0dift1 XXXXXXXXXXXXXXXXXXcaYoXoX"l?feYr" " }fk""l( al NOTARY PUBLIC , STATE OF FL RIDA Kimberly E . Massung (Print, Typc or Stamp Commissioned Name of Notary Public) AY w•'• �� u0 Kimberly E. Massung *: *. MY COMMISSION # DD216503 EXPIRES 7Uiy 15, 2007 p BONDED THRU TROY FAIN INSURANCE, INC Miami: 10387 .2 046214. 1002 2/3/04 I1 FEB - 26 - 2004 15 : 06 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 14 / 46 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA (West Palm Beach Division) CASE NO. 0144259-CIV-PAINE ACCESS NOW, INC. , and ROLAND GRADY, Plaintiffs, V , LOS ANGELES DODGERS, INC . , a foreign corporation; DODGERTOWN, INC. ; a Florida corporation ; HARRISON CONFERENCE SERVICES OF FLORIDA, INC., a Florida corporation; and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, Defendants . JOINT NOTICE OF SETTLEMENT, DISMISSAL OF ACTION, AND REFERENCE TO U.S. MAGISTRATE Plaintiffs, Access Now, Inc . and Roland W. Grady, and Defendants, Los Angeles Dodgers, Inc . , Dodgertown, Inc . , Harrison Conference Services of Florida, Inc . , and Indian River County, hereby respectfully advise the Court that the parties hereto have entered into a Stipulation for Settlement regarding this matter, which Stipulation for Settlement shall remain in their possession. Pursuant to the Stipulation for Settlement, the parties jointly move that, this matter be dismissed with prejudice with the Court retaining jurisdiction over this matter for die enforcement of the Stipulation for Settlement and for consideration of plaintiffs ' fee and cost application and an award thereon . Pursuant to the Stipulation for Settlement and 28 U . S . C . § 636(c), the parties also jointly move that this matter be referred to the United States Magistrate Judge assigned to this matter to adjudicate the issue ofdetcrmining the amount of attorneys ' and experts ' Fees, litigation expenses, and costs to be awarded to Plaintiffs ' counsel and Plaintiffs ' expert, as sett forth in the Stipulation for Settlement, and for entry of a final judgment thereon. WHEREFORE, Plaintiffs and Defendant respectfully request that the Court enter the proposed Order submitted simultaneously with this notice based upon the Stipulation for Settlement entered into herein , a copy of which will be provided to chambers simultaneously herewith for an in camera review . Respectfully submitted , SCHWARTZ ZWEBEN' & ASSOCIATES Attorneys for Plaintiffs 4651 Sheridan St . , Suite #355 Hollywood , Florida 33021 (954) 966-2483 (954) 966-2566 ( fax ) By: Greg Schwartz, Esq . Florida Bar No . Date : 2 FEB - 26 - 2004 15 : 06 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 16 / 46 LITTLER MENDELSON, P . C. One Biscayne Tower, Suite # 1500 Two South Biscayne Boulevard Miami, FL 33131 . 1804 ( 305 ) 400-7500 (305) 603 -2552 (fax) By: Carol C. Lumpkin, Esq. Florida Bar No . 0797448 Judd J. Goldberg, Esq , Florida Bar No . 0115924 Date : MIAMI: 1153 . 1 046214. 1002 02/26/04 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA (West Palm Beach Division ) CASE NOt 0144259-CIV4AINE ACCESS NOW , INC ., and ROLAND GRADY, Plaintiffs, v. LOS ANGELES DODGERS , INC ., a foreign corporation ; DODGERTOWN , INC . ; aFlorida corporation; HARRISON CONFERENCE SERVICES OF FLORIDA, INC. , a Florida corporation ; and INDIAN RIVER COUNTY , a political subdivision of the State of Florida, Defendants , FINAL ORDER OF DISMISSAL OF ACTION WITII PREJUDICE, AND REFERENCE TO U .S. MAGISTRATE JUDGE THIS CAUSE came before the Court on the parties ' Joint Notice of Settlement, Dismissal of Action With Preiudice, and Reference to U. S . Magistrate Judge (the "Stipulation") . The Court, having reviewed the Stipulation and the pleadings and papers filed in this cause and being otherwise duly advised in the premises thereof, hereby ORDERS AND ADJUDGES that : I . This matter is hereby dismissed with prejudice. 2 . The Court retains jurisdiction over this matter for the purpose of enforcement of the Stipulation for Settlement and for consideration ofPlaintiffs ' fee and costs application and an award thereon . In that regard, and pursuant to the Stipulation for Settlement and 28 U. S . C . §636(c), this FEB - 26 - 2004 15 : 06 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 1B � 46 matter is referred to United States Magistrate for the sole purpose of determining the amount of attorneys ' and expert 's fees, litigation expenses , and costs to be awarded Plaintiffs ' counsel and Plaintiffs ' expert, as set forth in the Stipulation for Settlement, and for entry of a Final Judgment thereon. 3 . Any pending motions are hereby denied as moot and this case is closed. DONE AND ORDERED in Chambers at West Palm Beach, Florida, this , day of 2003 . U. S . .DISTR1CT JUDGE Copies furnished to : Magistrate Judge Greg Schwartz, Esq . Carol C. Lumpkin, Esq. M I A M I: 115 5. 1 046,214. 1002 02/26/04 S ,LISIHX2[ FEB - 26 - 2004 15 : 06 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 20 / 46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgettown Vero Beach. Florida Accessibility Evaluation Survey 8 Proposed Resolutions Report F1 NAL VERSION ADAAG Notes/ Proposed Resolution Ilam 8ulldhr8l$ection Ares Iseue Code Reference• MOW flHult of Experts DiscLarriOAS Ret. 4.6 t, 2, ll Provide 12 accessible I. stadium Aeom%4 k Parking of the facility Is on a grass parking spaces at the home Parking else+ area, There it a paved area t0 the 4.3.6 plate entry Oats area and north; it is north of tiro ticket sales mating the Standards area, no paved area idenlifies eight enumerated In the Florida parkhtg spates; one is idendfled as on Accessibility code for accessible perking spree. The Building construction (the accessible parking space is located In ••florldo Standards"}, front of Ne bulwhig, Vero Reath llodgor administrative Office, Issues: Provide one accessible Number of pakfng spaces available parking space at the Ticket Since itis on gross: We weWd be office area meeting the unknown, Idenfity the accessible Florida Standards- This psrkirrg spaces and their Iocallon, space may be designated as There is additional accessible parkbig limited time parking it spaces, on me grass. Ali of the adjacent spaces are also aecossible parking spaces are on limited time. grass; this would meed to be paved. Curre" all the signs are on Ido fen" Paved asphalt, broom finish and would not be Compliant with ADA or equivalent hard surfaces (located above parked vehicles), at each of the accessible parking spaces shall satisfy the surface requirement, onal 1, Stadium rklaer The ticketcwnWwindowisa139ier�es 7.2 4 obs sure the lovvtablish iwind policies Cosnren above life grade. Another window is a 35 try* first to opentlast to close, inches; the ticker counter of the far north is of 35 inches Stadium Gift Shop There are two entrances into the gift S NIA Ana shop. Provide one accessible entry 4 Cradiunt North Side rhe entrance into Pre gin shop is by a 4. 13 .6 6 with an accessible ramp and Es" Dom ramp. There is no level fending outside 48.2 maneuvering clearance at the let* the Gift dhe doors, which is required by 4. 13. The SUP $tope on the tamp of the entry on the Figure 16 door. Sign the non• he location Of the accessible north sldo is 14.4%, 1635 and at the teessatientry Indicating bottom is 12. 1% The doors are propped th open. The door hce as a deOM of 10 entry. inches on the pull side Internatlonal Symbols of Accessibility are recommended to not be more than 2" high. South Side There is a romp of the entry dem- There 4 . 13.8 See Rem 4 above. $, Stadium Ea cry Dour is no level tending outside the docs 4.8.2 which is required by 4.13. The &dope on the south side is 22.2•x. Figure 16 1I. 1% and of the bottom the slope is 23. 8%. fie door on the south side has 10 inches dear on M0 pug side. (:stet on if* On file south side of the building the NIA 6. stadium Gates side of p(rbbc goes through epair o/ gores to go saadint to the stadium seating, The facility is classified as "existing" (i.e. PTCeADAAG) for purposes of application of A1)A Requiremcnu. Page 1 FOR SETTLEMENT PURPOSES ONLY Fac1IW. Dodgertown Vero beach, Florida Accessibility Evaluation Sutvey & Proposed Resolutions Report FINAL VERSION sem Building/section Are* Issue ADAAG Noted Proposed Resolution Code ReterenCe+ Photo Result of Experts Discussions Ref. 7, Sladium "Cullet Room. The publk fofkf rooms are W"Ished et 4.30 .4 6 install ADAAG compliant By Main Boys and Got the doors are blocked tactile signago at entry. Entry open. The doors hove signage on the 4 .30. 5 doors. 4.30.6 R. Stadium Mens Toiler The door has knobbed hardwire. TWO 4.13 .9 70 8, 91 100 Change door knobs to lever Ronin By are three lodet staffs and three lavalones. 11 handles, Main Entry M the iomat stag Mar hes d grab bar, the 4 . 17.3 Gate East Combine 2 of the 3 water Side IOget sfeu is JO inches M width: the depth Figure closet stalls to create an is 56 inches. The water cbwf Is floor 30(a) accessible stall almllor to an molrntad. The water doset is 18 inl W ADAAG 30(a) with sidefrear off the side wag. The toilet beat cover 4.16.2 dispenser k 60 inches above ft Aber. wall grab bars and toilet The t000 3180 door operang width is 20 Figure 30 paper and sent cover inches. The IMnats are 2J inches, 23 427 - 2 dispensers within accessible Inches, 23 inebes, 23 inches, IJ reach range. Water Closet inches, 22 Inches, 23 inches, and the Figure 4 can remain as Is, centered at bat urinal is 23 Inches in heipM from approximately 16 lit" off side the Snish*d Boor. (1) The #*Mris 4 . 27 .3 wall . Install s coat hook at kicatedat 43 inches above ft fmithed Figure 5 48"h. flow. The bvafones are baskaffy 31 or 6 Stall depth can remain at 56 inches to Me top; 27 inches to the 114", but staff door should be bottom. The lavatories have a pedestal 4 . 13. 5 made 38" wide. base: can not get underneath the Figure 30 favatorles. The krvalorypipet stick out a Modify/change one lavatory dimension of 9 inches. AN the faucets are 4 , 18,2 to have 2T" high x 6" deep knobbed. There is a piper tower knee clearance, paper dowser 4. 19-6 towellsoap dispenser stag at 48 inches atf to Mie control. 118 M Figure 31 controls at 46" high the path of travel and would be defined maximum, an accessible as apmnudmgobject The paper Oliva! 4.192 faucet, and insulated pipes, dowser sticks out 9 inches and the boltorn is located 36 inches adore Me Figure 31 Add a Full length mirror and floor Th* blush control on tin urinals: relocate paper towel May arc of 41 Inches from be finished 4 . 194 dlapenser, floor (s) The coat hooks wtfhin the toilet 4. 19.5 One urinal will be lowered to stag we of 68 inches. TM entry door 17"h maximum to the lip and threshold nods to have here gap to be 4 27. 3 44" to the flush valve if the aged in between the concrete slabs. Figure 5 cost of doing so does not or exceed $1 ,500. Defendant 6427.2 will explore possible lower cost options such as 4.4 . 1 selecting the urinal closest to Figure 8 the vent stack. 4. 18.4 4 .2 . 5 or 4.2.6 Figure 5 or 6 4 . 5. 2 Page 2 FEB - 26 - 2004 15 : 07 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 22z46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility Evaluation Survey 3 Proposed Resolutions Report MAL VERSION Item Buildintilsecaon Area Isauo ADAAG Notes/ Proposed Resolution Code Reference• Photo Result � or Experts Discussions Ret. 9. Stadium Women The door hem'Ware is knobbed, however 4.13 .9 12. 13. 144 Change door knobs to lever Telles Room the doors stay open. The slgnage is not 15* 160 11, handles and modify Nortb Slde By proper. There art 7War sons M and 4 .30.4 18019 threshold for accessibility Main Entry 4lavelodes M the womens toiletroam. 4 .305 and fill in entrance yap. Gado East There Is not the 01 stall provided for Side accessibility There is one toilet staff that 4 . 30.6 One existing stall is identified as Avateshere is one biel (approximately 36" wide) Stag ldenbried a$ Aabledwhe toiler stall 4.22 . 4 shall be modified as may be Identified as the accessible toilet step is Figure necessary to have an out 33 inches In width. Thera is one 30 inch 30(b) swinging door with width net clear width, 42" long side grabber The met Seat cover Inches. 4 . 17 .3 wall grab bars, and a 17"•19" is above the water closet at 57 Inches. seat height," (tderel naner The toilet staff depth Is 60 inches. The Figure referred to as the "e stall') WW seat is 15 inches above the lbw. 30(a) The door deer opening *10 is 21 Combine 2 water closet stalls inches. The mirror is 44 inchas in height 4 .16.4 near the entry to create an from the finished floor. The lavatories are AOAAG 30(a) type stall with all pedestal bases; the lavatories aro Figure 30 side/rear wall grab bars. The mounted at 31 inches to the lop; 27 4 27 2 water closet need not be Inches to the boftom All the faucels are relocated, but an accessible knobbed The paper towel dispensers are Figure 4 height seat is required. The blodrod bylhe fresh receptacles The toilet paper and seat cover mounting height Is 57 triches from the 4 .27.3 dispensers must be at an finished floor for the dispenser on the Figure 5 accessible location. Install a norm and south side. The plumbing pipes or 6 cost hook at 48" high. on Ore lavatories we approximately 8 - 9 Inches out from the hack watt The 4 . 13 .5 Modify/change the lavatory threshold Is Inches to inches varying nearest the entry as upon hone construction of Mlle stab. On the Figure 30 described In Item 8. outside of the women tolef room there 4 1 g. 6 Change the trash receptacle Is a large gap. Notice the Mmshoid t is at the entry area to a wall greater than an inch. Figure 31 mounted type(s) with the 4 . 19.4 bottom at 12" high minimum above the floor. 4 . 19. 2 Install a full length mirror Figure 31 4 . 19. 54. 1 3 .8 10. No action. Accessible Stadium Public There are two public 191 sphorfes on Mie 4 . 15.2 20, 21 drinking fountains will be at Telephoner con west side of this budding and a drinking home plate and picnic area West Side or balsa. The drmkwng fountain height to Figure 27 tollets. Building A the spout a 43 hches. The spout is 3 4. 1 .3( 10) It the drinking fountain has Drinking Inches back from the pant. The pub& been removed, this is a non- Foamain telephones ere 53 Inches in height from 4. 15.3 lacus. the finished Boor to the coin slot. Il. stadium [ me w tower Recommend that there would be a sign 4 . 1 .3(8) No action is required. $voting Axes provided indcafing that this area Is not By Telepaoots the entranco to the stadium sealing arca Aad Drinking Fountain Page 3 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgettown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL 'VERSION Mm DurldinglSoction Area Issue ADAAQ, Notest Proposed Rgolution Code Referenwe Photo Result of Experts Dbcuaslons Rd, 12. Stadium erewher Acoess to she SOBIM areas h was NIA S"Ong A rra observed that there are three rmrgred areas. NO of the ramps me by fhe cmessm stand with no tMorrrrediate tenft. 13. Stadium waalom At At the north end of the stadium 4 .9 .5 23924 Antall signage at baso and �rne north is the main area with a ramp top of ramp with 2" ISA Cie going up to the seating. There 4 .9.2 symbol and envw indicating are no handrails on either side. direction to accessible ramp There Is an Intermediate at the home plate area. landing. Random readings on the slope' towards the bottom dawn the center of the ramp area and taken every 3 to 4 feet going upward the slope Is 6.9%, 9. 176, 11 .4X, 14.27•, 11 .7% The distance to the first landing Is 43 feat The landing Is 6 feet. The next ramp area going up Is 36 feet. The second tog of the ramp has a slope of 14.9%. 13.6%, 14.5%013.5./e, 12.5%o 112%8 7.4%p 5. 676 and towards tho top 6. 17x. Page 4 FEB - 26 - 2004 15 : 08 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 24 / 46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION Item Suildingt3ection Area Issue ADAAG Notest Proposed Resolution Code References photo Result of Experts Discussions RN. 14, Stadium St■d;Wn There Bre 6, 484 seats avadabte. For the 4.1 .3(19) 26. 27, Provide 33 designated Se*UnK Area seating areas there we steps. There Is 28o35 wheelchair spaces at the not l% of the seafrngavabbteWith 4. 33 concourse, each with a retrievable arms. AN the seating are companion seat space for 8ced There are 17 rows of seating. folding chair comparable in There are 12 idard/ffed accessible seating site and comfort to the arses vAth no cornpenion seating stadium seats. provided, They are au of the Upper Deck Wheelchair spaces will be low grouped in pairs with companion seats out board. Stadium seats directly In front of the wheelchair spaces will be covered and not used whenever the wheelchair spaces are sold, but maybe uncovered and sold If wheelchair spaces have not been sold 48 hours before start of game gag aft other seats in that section have bean sold first. Wheelchair and companion spaces shall be designated by number and symbol painted on the concourse surface and shall first be distributed within the home plate area , behind the home plate area, between home plate and first bass, and between home plate and third base." (see attached). To the extent that not all of the 33 designated wheelchair spaces and companlon assts fit within the aforementioned areas, the remaining balance of the wheelchair spaces and companion seats shall be distributed within the Stadium at Defendant's discretion. 15. Stadium Ataeeraps Tisa surograph session area is down of 4 .3-2 25 No action Is required . Sceetoo the ba&W area and there Is not an Seating Area accessible route to get down to the autograph seating area. 16. Sodium Upper Deck Once a person gots to the Upper Deck ail 4. 1 .3(19) 29, 30, See Item 14, Sesduc Arta of the accessible sealing is lecelad of it* 31 , 32, penrneteratdneupperend 4 . 33 33# 349 42 17. Stadium Gift Skop At The counter hoof Inside the grR shop is 7 .2 36 No action. The existing Upper Dcrk at 38 inches and another counter be fit counter heights are CODeta/ion of 37 inches. considered functionally $t■nd accessible. Page 5 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach , Florida Accessibility Evaluation Survey d Proposed Resolutions Report FINAL VERSION {tem but1ding/8eetion Area Issue ADAAG Notoct Proposed Resolution Godo Itefererttc+ Phase Result of Experts Discussions Ref. 111. Stadium Comeralen The muniorheighl at the t omession 7 .2 37, 38 No action. Counters do not Mond Area wend area R 37 "sones for one of the need to be modified. counters. There is annthercounterrt 37 Inches. The counter height at Food and Soda is at 38 Inches, tits is the counter of the soug"Sf C=er, The counter height of the Seer end Wine counter 4 at 37 inches lot one counter, 37Inches for the other counter. 19. Stadium Ramp There is agol/ cad onthe romponthe 4 .8.5 39, 40 Modify/provide an accessible Northeant northeast comer of the concession standramp, to the extent readily Cerner of There Is no landing here as an accessible 4 ' 8. 2 achievable, at the home plate Concensilt route issue. Staffing of the top of the 4.8.4 area as the accessible route stand romp and gwB down, the s1W of the to the concourse. rafnp is 13. 3%, 9. 7%. 12.3%, 13. 5%, The parties recognize there 13.0%, 13.8%, 14. 7% end 125%; Inti slope is beyond 1.12 There are no are limitations relative to hmdrafls on either side. There is no space availability and lardmi; proNded top/bottom landing locations which may have a significant Impact on the achievable slope. The Plaintiffs' expert will be provided opportunity to review proposed designs and make recommendations accordingly. Should PliiIn iffs' expert disagree In writing with the proposed design, the issue will be first subject to review by the parties' respective experts and, It unresolved, will then be subject to dispute resolution. 20. Stadium Kamp oa There are no handrails on ft side. 4 .8.5 41 See item 19. In addition, Sontb.►cu Starting of the bo8om of the ramp and provide signage directing Co eeer Of going up. Me stops Is 9.546, J0. 4%, 4 . 8.2 patrons to the acce3sible Stand Area 13,7%, 13. 7%. 14. 7%, 15.2%, 14.8%, ramp. 13. 7%, W% and 13. 2%. There are no handreds on ether side. There Is no lard hg provided. 21 . sutdium Tons Rows 4 . 1 .3(10) 43 Install an accessible hlgh/low and Drinking drinking fountain and provide Fountain 4. 15 .2 an accessible path to it or South Side of C.once+rloa Figure 27 remove all drinking fountains. 416.3 4.15.4 4. 15.5 4 . 1 .2(21 Pape 6 FEB -26 - 2004 15 : 09 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 26 / 46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach , Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION ltem Surlding/Section Area Issue ADAAG Notesl Proposed Resolution Code Reference, Photo Result of Experts Discussions Ret, 32. Stadium Mtao Toch Therm Is a ram going up to the door 4 .13.8 44, 45, 46, Fill the gap and modify the Room • South Thele is a thmatmN cheaenge. The 41, 48, 49, slope of the threshold. Fix SSide of ossion threshold has an Inch ddieren iat but 4 . 17 ,3 50051 door In the open position C*ncStaff there is a major gap, There are 5 toter Figure when stadium Is open. stalls, 10 Wools and 3lavelones. The 30(a) accessible toilet stethas grab bars on Install ADAAG compliant bolhsides The loUerpaper dispenser is 4 .16.4 tactile signage at the entry, above the grab bar. The bW stall Is 31 dishes m widthThe toter paper Figure Provide an ADAAG type 30(a) . 30(a) water closet stall. See ftem 8, dispenser islocated a dimension of 5 inches above MB grab bar and 31 inches 4 . 15.6 Modify one lavatory to have from the back wall. The weter closet Is 27" high x 8" deep knee Boor mounted. The water closet is 19 Figure 30 clearance , Insulated pipes inches above the floor The toilet seat 42T2 and accessible faucet cover dispenser Is located above the controls. Provide soapitowei totet seat of a he" of 63Inches to the Figure 4 dispensers at that lavatory onterbie. The flodetslagis55moms with controls at 46" high deep. The entrance approach to the toilet 4.27 . 3 maximum, stat Is 45 Indies. The hwd controls are Figure 5 Provide a full length mirror. knobbed. The favefory rf 30 Inches to the top; 27 inches to the bottom The lavatory or 6 pipes are not One urinal will be lowered to wrapped. The plumbing 4 . 19.5 17"h maximum to the lip and pipes stick ovt 8Inches. The mirrors are 44" to the flush valve if the located of 48 Inches above the floor The 4 . 19.4 cost of doing so does not lowest soap dispenser is at 42 inches. A . 18-2 exceed $'1 ,500. Defendant The paper tower dispenser is located inwill explore possible lower behveen the lavatorlos at 54 inches. The 4 .27. 3 cost options such as paper lowel dispenser is not ei esfibk seteeting the urinal closest to because you can not do a side approach Figure 5 the vent stack. The paper towel dispenser by the door it or 6 at 53 Inches. Thare u a potential side 4 .27A appmech however the trash moeptacte is blocking the clear path of travel The 413.8 typical What Might Is of 24 inches; the uNnats on the other side are of 23 Figure 25 inches and 29 inches. (1) The baby 4 .8.2 changing station is at 57 inches to the put device, which is out of the reach 4 .30 .4 ranges. The baby chaVing stain when lowered, is 33 inches above the W. 4 . 30. 5 The issue is the graspabilty. Exiling out 4.30. 6 of Ude space there is 46 inches. (Sae Figure 25(b)). The ramp going up to the 4. 13 .8 door to the mens toilet room. The slope is as follows; 10. 4%, 7. 5% and 11 .276. The length of the ramp is 61 Indms In length. The door on the Wet slat/ sayst Disabled, signage is on the door. Page 7 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach , Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION Rem bolldingrSection Ares Issue ADAAG Nolost Proposed Resoiullon Code Referencew Photo Resuh of Experts Dtseusslons Rat. 23, Swdium Drinkirm There is no accessible route provided 4 .3.2 52 Install an accessible hlphtlow Pountsin to The mounting height from the dirt Is drinking fountain with a Ccnrct appmnMirely 39 Inches 7hespout is 4 . 1 .3( 10) paved accessible path to Ito lomfed at a dimension of 4Inches back 4 .5. 1 unless water fountain Is hom the weP. 4 . 15.2 removed. Figure 27 4. 15.3 4 . 15 24 , Stadium waaoeaH There Is a hanaon challenge at find 4.13 .6 53, 54, Modify the entry threshold Tobe/ Room threMW going into fine women lodet 550560 area to be accessible and fix room. The signage is on the door. The 4 .30.4 571 589 entrance door in the open for" outside the door has a slope. 4 .30.5 59, 60 position durino hours that DOWoudsfde the door the Atop$ Is the stadium is open. 3. 4%, l9% snd 4.2'1. The shape goes 4 .30.6 an the way to the Joint and Binet a Install ADAAG compliant approxrmefely where Slot ends The 4 .13 . 6 tactile signage at the entry, slope of the bolfom is 3.8%. In the 4 .17.3 Provide an ADAAG type 30(a) wsmens toilet room Men aro 13 todef water closet staft. See Rem 9. Sight (313 lavoriones and 1 baby Figure changing sfaiion. There Is one accescble 30(a) Modify one lavatory to have 10#d stab in the women rem room, The ♦ 17 3 27" high It B" deep knee Width is 3T Inches: the depth of the Wetclearance, insulated pipes stall is 55 mches. The War seat cover Figure and aeeesslble faucet drsponserIs located above the tollst. The 30(b) controls. Provide soaphowel meet seat cover dispenser Is mounded of dispensers at that lavatory e height of 56 Inches to the control. The 4 . 27 .2 with controls at 44" to 48" tolist seat Is 19 inches above the Pow Figure 4 high maximum . The IoM paper di"nsor Is located Provide a toil length minter. above the grab bar u of a height of 3 4 . 27 . 3 Inches. The b7et paper d/speeseris 33 ndm from the back well The door Figure 5 opening width provides a dear opening of or 6 30 inches. There's no 8a° tor7M etaP 4 . 16.4 provide for occossibIllry. The lavatories are of 30 inches to Bre top, 27 inches to Figure 30 the bottom The k vafory pipes are not wrapped. The plumbing pipe sticks out a 4 . 16.6 dlmensw 6 inches. All faucet controls Figure 30 are knobbed. The paper fowl dispenser Is located belmen the lavatories at 53 413.5 torches. There is no Wo approach Figure 24 evadable The minor is located of 8 9 height of 46 inches above the Boor. The 4 . 19.2 baby changing station is of a heof of 5T Inches. The baby changing station eller Figure 31 dropping P down is of 33 inches. There are coat hooks located 68 inches above 4. 19.4 the Poor. The coat hook )n the accessible 4 . 19.5 Iou781 stall Is of 69 inches above the Pow 26. Stadium Power Aide Not sure what Pis function. meed to 4.3.2(2) 81 No action. Unit has Power Pilch ktenfly what really happens here. reportedly been moved to the eagle concourse area. Page 8 FEB -26 - 2004 15 : 09 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 Pa28 / 46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL YERS.ION Item BuitdingtSectlon Area Issue ADAAG Notes! Proposed Resolution Codo Reference• photo Result of Experts Discussions Ref. Z4. Stadium Sarveair On the ares! side there is a Souvenir 7 .2 82 Install a permanent t!" deep x Booth Wnt Booth with the garage door grill down, approximately 24" wide (if Sloe Need to /Ind out, once d is open, what iha space allows) shelf with height is of the counter. rounded comers mounted on each side wall. Bottom leading edge to be 27" high and top surface to be not higher than 34" . 27, Studium C""ce"d"e The counter height is at 41 Inches. in 7 .2 63, 64, Install an r deep x 24" wide Steed West front there Is a condiment counter area. 65 shelf at each column wall Shie The bwercondiment counter area she!► 4 5 2 between existing counters. is at 38 hashes. The upper condiment Shelves to have 27" high coumei sheNis at 56 Mares There is a front leading edge clearance, shelf on the other side the some The 34" high maximum top issue is to make sure they have equal surface and rounded corners. representation ofaN their items, Seethe expansion joint; need to fol In the Fill in the paps at concrete expansion joint area- The pap is inches paving )olnts. Lower the condiment counter top to 32" high and ad)ust/place 50% of items on upper shelf not more than 54" high. 2B. Stadium Pkok Area There are 13 picnic tables provided. They 4. 3.2 86, 67 Modl lex ty pend the paving at are aN on mulch. They are not accessible the long rectangular table top 4 .3.6 to allow wheelchair front •201 (a) approach use. 29. Stadium Dodger L■kc There Is no access provided to Dodger 4 . 3.2 66 No action. Lake 4. 3-6 30, Stadium 'corn Style There is a tum We being put in by the 4. 13.2 69 Modify gate for accessibility golf coarse. If part of an accessible route. 31. Stadium Drinklee There Is a drinking fountain by the totter 4 .3.2 70, 71 Install a hightlow accessible Feanbie West room at the for west end ThedankMg drinking fountain and on We ny TMiet foeritath is In the bushes The drinking 4 .5 .1 accessibleath to It unless Room fountain is currently located 60 Orches of water fountain is removed- Me walkway. The dankmil founiabu height 4. 15.2 is approximately 38 inches about Ma Figure 27 grade. The spout is 4 inches back hon 4. 1 . 3( 10) Me watt. 4 . 15. 3 32. Stadium Fixed Roach There is a Nxad barb area for the 4 .3.2 Install an ash urn at the Arco Smoking smokers. There is no accessible route ►o 4.3. 6 adjacent wide primary Ura aroa. walkway. Page 9 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION Item 8uildingl3ecson Area Issue ADAAG Notew ProposedResolution Coda Relerencee Photo Resun of Experts Discussions Ret. 33. Stadium Toilet Room 4.30-4 72 Install ADAAG 4. 30.5 compliant Far War Sick tactile signage at entry doors, 4 .30,6 34. Stadium Mem Tailti The door provides 5 inches dear on the 4. 13 .6 73* 74s Widen the paving to provide Romm Far pun side for the Wiens Met room door. 750760 18" wide it 60" deep area at wn( .$Wa From Che main sidewalk to the mins toilet Figure 77, 78 the pull side of the entry room there is a major gap located In the 25 door. pa WwW; the gap is inches. There are 5 4 .5.2 IotTet stalls, 11 urinals and 3 /avetorles. Modify the existing AC the udrials aro high. The lypkat 4 . 10.2 accessible stall . widen to dimension for The uriners am 24 60", add a rear wall grab bar, lhches, 23 Mehes, 14 inches, 24 4. 18. 4 change/relocate toilet paper inches. 24 inches and 24 incisal The 4. 17 .3 dispenser, relocate toilet seat flush controls targe wound 52 inches cover dispenser, add a pull in height. (1) There 4 one IoW Stall Figure on the Inside face of the with a side entry aftemp" to be a 30(a) door, and a cost hook at 48" FWe 30(a). The w dtr of the toilet stall 4 . 18 5 high maximum. Is 52Inchas verses 60 inches; the depth At one lavatory, insulate all is 61 inches, The Hush control is towards fhe hboard sideThe waler closd is 4 . 16.3 pipes, install an accessible . mounted 18 inches offlhe We waff faucet, and locate paper The Figure 30 towel and soap tea .eraser follet seat Is 20 Inches Gum the finished floor There is no mar grab berpmndw. 4 . 17.6 controls at 48" high The side grab bar Is 6 inches on the beckFigure maximum. wall The side grab ber is 48 taches rn 30(a) One urinal will be lowered to length The toilet paper dispenses Is 17"h maximum to the lip and Wood above Che grab bar at 36 inches 4 . 16.6 44" maximum to the flush above Che ADm The toilet paper Figure 30 valve if the cost of doing so dtSperhd$r Is 11 Inches above the bar does not exceed 51 ,500, The coat (rook on the door is hell broken; 427.2 Defendant will explore the height Is at 51 Inches. A side possible lower cost options approach wohrld be evaileble, The seat Figure such as selecting sting the urinal sperhserts 56 Inches above the 44 .27.3 closest to the vent stack, Wel. The highest levalory is at 31 Inches Figure 5 to the top; 28 Inches to tate bottom. The or 6 lavatory pipes are not wrapped. The plumbing pipes stick out a dimension of 6 4.19.2 inches. The plus birhg pipes on $nother levalory sock out 10Indas The minors Figure 31 are located at a hehghl o140 inches to the 4 . 19.4 reflective swlamThe paper rowel dispensers amo catedinbetween Ow 4 . 19.6 lavatories $154 khdhes. Aside approach is not available. The second paper towel Figure 31 dispenser is of 53 tithes. The soap 4.13 .5 dispenser is located of 41 Inches above the Roof. The doorope" width it 30 Figure 30 inches for lire accessibie toilet sign, Page 10 FEB - 26 - 2004 15 : 10 FROM : LITTER MENDELSON 305 603 2552 T0 : 772 770 5095 P . 30 / 46 FOR SETTLEMENT PURPOSES ONLY Facility: Oodgertown Vero Beach , Florida Accessibility Evaluation Survey R Proposed Resolutions Report FiNAL VERSION Item BuIldingrSection Area Issue ADAAG Notest Proposed Resolidion Code Reference* Photo Resutt of Experts Discussions Ref. 35. Stadium womems The signage is on the door. There is a 4.30.4 79, 8o, Fill the gap in the concrete at Tonct Rorm, major gap at the door. The gap is i inch. 01 , 820 the entry door. Keep door Fer writ liar Then are 12 water Closets p) and 3 4 .30.5 83a 84, fixed In the open position favafonet There are 2 toilet stafh 4 .30.6 85. 86, during hours the stadium Is claiming to be accessible Ono tolfot stall 87 open. says, Aabiedwd one toilet smitsays. As 4. 5.2 Widen the designated Stan is equipped with handrad"Thare is 4 . 16 4 Wiaccen theble esi n provide an a heindraft only on one side for the On AOAAG 301st type stall d toilet staff. The door does swing outward. by Figure Incorporating the open space Accessible To* Stag: The toilet stall 30(b) eft side. Provide l the wldfh is 44 inches The water close( Is 21 to to the l inches of the partl8on where the group of 4 . 17.3 ar grab bars and parlftions are located. Going Nie other accessible amenitles, dinrenskvn IIs 23 inches. The water Figure Including relocating toilet One! is located 21 inches above the 30(a) paper and seat cover finished floor to the toile! seat The tok 4. 16.2 dispensers, adding a coat seat cover dispenser is 56 Inches above hook at 48" high, and adding the floor. There is a side grab bar on one Figure a pull to the Inside face of the side only. The side grab bar is located at 30(a) door. 32 inches to the cemedlne. The other 4 27 2 Relocate the ambulatory stall side grab bar Is missing. The door partitions to increase the stall opening width is a dimension of 30 Figure 4 width to as close as inches. The =I hook Is a dimension of reasonably possible to 36' 55 Inches to the top. The P toilet staff is 4 .27 .3 wide install parallel side wall 31 inches in «lddr 61 nines deep. The Figure 5 grab bars of 42" long, a 1T'- grab bar, on one side, is a 32 Inch grab or 6 19' high seat, and out- bar The toilet seat is of 16 inches. The swinging door. Relocate tone( seat cover dispenser Is 56 "es to 4. 13 . 5 dispensers and add a cont the oeMedIne. The toilet paper dispenser hook of 48"h, and add a pug Is 37 inches from Ore back wan. The Figure 30 to the Inside face of the door, lavatories faucets are an knobbed. The 4 ,2,5 or lavatory fop is of 31 inches to the top; 28 At one lavatory. insulate all inches to the bottom. The plumbing plees 4 . 2.6 pipes , install an accessible stick out 9 itches. The mirror d located of faucet, and locate paper a height of 41 inches to the bottom. Figuro 5 towel and soap dispenser There Is a paper towel dispenser on each °f 6 controls at 48" high side at 52 mrhes. A side approach Is 4 . 16 .4 maximum. m1lable. Thom is another paper towel dispenser which it is beteg blocked by the Figure trash receptacle, the height is at 53 30(b) ixltes. There would be a side app+oach 4. t 6.2 4140 trash mceptece is rernnyed. The soap dispenser is located at a he" of F,ggre 38 inches above the floor. The approncth 30(a) to the worsens toilet room door is 50 inches; need 54 Inches per Figur 25(c). 4 . 16. 6 Figure 3D(a) 4. 19. 5 4. 19-2 Figure 31 4 . 19. 6 Figure 31 4. 13.6 Figure 25 Pagel l FOR SETTLEMENT PURPOSES ONLY Facility Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION Item Busd"f3oction Area bsw ADAAG Noteer Proposed Resolution Codo Reference* Photo Result of Experts Discussions Ret. 36. Stadium Coorrarlon At the concession stand. again where the 4. 5.2 Fill in the gaps at the Stand stab adjoins the walkway area, there are concrete paving joints . paps that need to he hltod in for socasANNy compnance. 37. Stadiwn Sraln At writ Recommend Aar consideration to do 4 .9.4(2) 88 No action. rind hanrlrolf ehagnshins on bath sides. 3ti0 Stadium I'dwe There are 2 pubfic telephones avadabhe 4 .3.2 89, 90 Remove the phones or Teicphone on bite east side by Me toilet room area reloeatelprovide an East Side By that have no accessible route One 4 . 313Tofitaccess Ibis path to one that is a Arrs Roan telephone ties volume confroland the Figure 44 accessible, outer telephone does not. The mounting height on the fekphcure on the south slide 4. 1 .3( 17j( Is 54 inches to the controls. The b) mounting height on the other telephone is 54 inches. The issue Is the am accessible path of travel to this area. Since owe are two telephones, both need to have volume cor".. 39. Stadium CotKeasioe On the east side of ft bleachers them Is 7 .2 92 Install an B" deep x 24" wide Stand Area By a set of stairs coming down to another &hall at each column wall Thr Stwr. 1 on concession stand area. The concession between existing, counters . the vjher ° of Bteacachera stand iscuminflylocked up. The Shelves to have 27" high mounting height for rhe counter area are maximum front leading edge as follows: 42 Inches, 41 Inches, 41 clearance, 34" high maximum inches and Me last one is 42 inches from top surface and rounded the Bnistwd floor. corners. Fill In the gaps at concrete paving Joints. Lower the condiment counter top to 32" high and adjusVplace 50% of items on upper shelf not more than 54" high. 40. Stadium Souvenir There is another souvanirbooth area that 7.2 Install a permanent 8" deep x Booth East is closed up. Need to verty what is going approximately 24" wide (it We ofYhe on space allows shelf with Bltarhtr Area p ) rounded corners mounted on each side wall. Bottom leading edge to be 27" high and top surface to be not higher than 34". 41 . Stadium Transition Thera is a transWon Issue behow the 4. 5. 2 93r 94 Grind the high edge of the Betrrees rhe Concrete slatis lrwn ft souvenk boom concrete to provide a 1 :4 Staventr and to the concession stand area The minimum transition. o nc and Ctransition is an inch. Concession !hand Area Page 12 FEB - 26 - 2004 15 : 11 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 32 / 46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION [tern Buadingt5ection Arra Issue ADAAG Notes/ Proposed Resolution Code Roforonoc- Photo Result of Otpe+ta Discussions Ref. 42. Stadium Condiment There Is a condiment area, d is the same 5 .6 95 Lower the condiment counter Area At The as reviewed an the atfier side. Tire top to 337 high and Conceselon wndMnt counter of the lower height is adjust/place 50% of items on Stand Etat at 38 Inches The upper crondrment upper shelf not more than Bleachers ar tlkacounter is ate height of 58 inches on the 54" high, south side. The north side has a counter heighf, is at 39 inches. 43. Stadium Casccestos On the east side of the bleachers there is 4.3.2 96 Install a built-up curb ramp at Stand Esat a concession stand, on the east side of the street. Side Or the concesw stand Mere is a sign that ekac0err says, Stadium LA Vero Beech Oodgers Install a T wide paved area There is a bench at this area for people from the curb to the bench to take a palue. There is no xmsfbte such as concrete, slate route to this area; a parson would have to pavers set-in concrete, or step up fhe cure, other complimentary materials suitable for the area , 44. Intchor Ficid AccepalMe Accessible perkmg space with lawn 4.6 9T Remove the parking sign at Arca rasing Space equipment beside H, on gram this location. By Inrarier 4 . 1 . 2(2 ) rielJ Area 45, interior Ficid 2 IrKw 11 There is a set of bleachers at this 4.3.2 98 Install a connecting pathway Bleacher Area location. There Is no accossible route to from the paved walkway to the bleachers. bleacher area. Hard pack such as exists at the bioat:hera Is acceptable. 46. Conference ftorkirFor There Is an accessible perking space. 4 .6.4 982100 Provide a total of 2 Ccntcr accessible The sign is too lbw. The sign is cunv* Fl. accessible spaces with a Paric�p at 36 inches above the pavement The 31 shared access aisle and access ante is beside the eceessd* meeting Florida requirements panting space. The width of the access 4 . 6. 3 for size, striping and signs. e1W 4 4 loot 8 Inches. The accessible parking space is a twKkb of t f leer 10 4 . 5. 2 inches. The accessible route comes around the planter and then Comas down the walkway entering the conference center. Need to rewDrfr the tranaNim between the Wilk and the sldowaflr (suss cleaning it up), 47. Conference Path of Tf"W Outdoor Seating Area By Conference 4.3.2 101 Install a paved area with a Center To Cordtnince Center. Qy the Conference Center there table adjacent to the existing Ca"1ar is an m4doorsealmg area with 4 fables. 4 .5. 1 walkway. The tabtes are not accessible; the ground 4.32.3 is mulch. There should be an accessible path to this area. 48. f 'nntcrcnoe Entryltoora There are 3 sets of entry doors. The entry 4 . 13.8 102 Modify the threshold at one Center doors are 36 inches in width- There is a door for accessibility and threshold issue of all of the doors. There instali a 2" high ISA decal on Is a 1-inth vertical difference of tho each face of that door. threshold• Papa 13 r ♦ JJ 1V FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION item "Ninersoclion Area Issue ADAAG Notes/ Proposed Resolution Code Reference• Phone Result of Experts Discussions Ref. 49. Omference Typicif Slprrge Signage needs to be in raised kffers and 4 .30.4 104 install tactile signage. Center For The Room brwl e. Monolithic monotone 4 .30.5 redundant signage is 4.30.6 acceptable, preferably located immediately below the existing room name signs. so. Conference Jodi. Signage needs to be in raised ledem and 4 .30.4 Install tactile signage. Ccntcr Rowassa Roan brdlle. The doors Info the space Is a Pak Monolithic monotone of of 30 inch doors, therefore the doors 4 .305 redundant signage is need to be modiYKd accordingly to have 4 .30 .6 acceptable, preferably a 36 Inch dear path of travel for one leaf located immediately below 4 . 13 . 4 the existing room name Figure 24 signs. 51 . Confcrcacc TMEntrOnes The doors into the space is a pair of 30 4. 13 . 4 103 Change doors to 36" wide/24" Center ift 1110 Joe/M linin dam. wile leaves. 38" wide leaf Robinssa Room Figure 24 with lever handle hardware. 02 51. Contcrcnoc is" Pedes Need to have proper s/gnage. The door 4. 30.4 Install tactile signage. - Center R"M hardware for this room is knobbed. There Monolithic monotone are no strobe tights wNhM this space. 4. 30. 5 redundant slgnape Is 4. 30.6 acceptable, preferably located immediately below 4. 13.9 the existing room name 4, 1 . 3(14) signs. 4 26 Change door knobs to lever handles. Install an sudible/visuat alarm if the existing alarm panel will accommodate the addition. 53. Canferenee Poe woe Rowe The door hardware is knobbed verses 4 .13.9 105 Change door knobs to lever Canter Room levet There is noskobe1ghtprovided 4 .1 .3(14) handles. whhln the space. There is a cofmfer area Lower the towel wth a rink The counter height is of 36 4 ,264,44 . dispenser paper per oowee triches. The page, towel dlspenser 2 g tL access /s above the sink at 53 indres. 4 .27.3 Figure 5 or 6 54. CroAcrcnce poke surd« The door info this room has knobbed 4 . 13.9 Change door knobs to lever Center Rin hmdwere. There Is no strobe ION located handles. Ohm the apace. 4 . 1 .3(14 ) 4 26 install an aediblehisual alarm If the existing alarm panel will accommodate the addition. Page 14 FEB - 26 - 2004 15 : 11 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 34 / 46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Breach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION Issue ADAAG Notew Proposed Resolution Item Bulld'mplSeotlon Area Codo Reference• Photo Resuk d Experts Discussions Rol. 55. Conference Toa" Roam • There are 5 water ciosels, 4 udnalse(l) 4 . 13.6 1060 Combine 2 end water closet Centerand 6lavotorls 1070 stalls to create one ADAAG sharer 761bi Figure 25 1087 30(a) type stall. The water Room orf Or There is 47 triches for the door, It is an 419.5 1o9, 110 closet can remain centered at Ywung Rooms oversize door The distance on the 19" tram the side wall. puffs* Is16inches- ANOfMektvalones 4. 192 Modify one lavatory to have have knobbed hardteare. the Ievetobas are averaging 31 inches at the top; 27 Figure 31 27'0 high x 8" deep knee Inches to the bottom. None of the clearance, on aeeeaslble Ievetorypipeserewrapped. The 4 . 19-4 faucet, insulated pipes and piumbmg pips ate 8 inches from the 4 . 19.6 towel and soap dispenser beck WON. The minors are located 46 controls at 46" high Inches above the Poor, The minor on the Figure 31 maximum . orhef side, is 46 irrclea above the lbor 4 . 18.2 Add a full length mirror. The winds have a mofmdng height Of 24 inches, 24 inches, 24 inches and 24 4 . '16.4 One urinal will be lowered to inches. The !lash commis am SI tT0'h maximum to the lip and inches above the floor (1) There is no 4. 17 .3 44" to the flush valve if the accessible toilet stall provided. It the end Figure cost of doing so does not We! stab WWto be emldered as the 30(a) exceed $193004 Defendant a=mjbfe torte! staff. The water closet is will explore possible lower located 19 Indies off the side web. The 4. 16.2 cost options such as local seat is at 15 inchos; could be made Figure 30 selecting the urinal closest to accessible by removing me P810100 FI 4 the vent stack. system. The renal $10 depth u 56 4 . 16.3 inc►et The water closal is a Boor mounted toilet There is a group of Paper Figure towel dispensers which are mounted at 304.27.3 62 inches above the flow. Shower Aree: Figure 5 There is a gang shover provrdad 0r6 Shower arae was not reviewed; assumed shower area Is for the 0604. 56. C:crnferencc "0" There is overhead signage by the doors; 4 .30.3 No action. Center con/Kona known as the Aoklyn ft g. This Signage R0m is also ideWfed at the toilet rooms. The j"Irp leffers are not 3 irrcnes in hoight: the Raernron, leffers are t inch in height. hen Reere, Outs Snyder, end Johmw Padres Pape 15 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FCNAL VERSION Item oundinptsocoon Area Issue ADAAG Notest Proposed RasOluwon Godo Rolerenoe• Rel. Result of EKpena Discussions RM. $7. Confemnce Mats std The signage is on the door. The 4.30.4 111 , Add an automated opener at Centcr Worsen Toast overhead signage does not have 3-Inch 112, the entry door. Control RoomAns 4.30.5 bion can be on the Interior womais rair � kners; �' are f lrrch in harghr. The 113. ROM door is a 36 inch door. The ckiarence on 4.30 .6 114a side only. the pu8skle is 3 erdros. Them are 2 1150 Remove the lavatory, mirror, lavatories. 210801 steels, there is a lerge 4 .30.3 1160117 soapltowel dispensers and toilet slab. The plumbing wag on the 4 . 13.6 trash receptacle from the women IuM room slag is 74 inches hook at 4t" high,hi The water deset is kfwfod 18 inches oil Figure 25 sot asatbte gh, Change the Add a coat the wall The toot Beef is f8 inches g above the Boor. The favatay is bdetad 4 . 17. 3 stall doors to swing in. 46 ardres off situ wag. The tokt paper Modify the lavatory counter dispenser is kxstod39 wJw from the 30 ar)e uto have one accessible bowl back wag to the oulsim edge. The MM with accessible seaphowals, paper daplmserrequims a 0t4h end hum 4 . 16 .2 operation to get the paper The km*" Provide a full length mirror, napkin dispenser Is mounted 471nches Figure above the floor. The pushing force 30(a) mqubas MR than 5 ibs ofprossure to 4 . 19.2 operate the unit: this needs to be adf usted. The ta7of stag door does not Figure 31 have 18 orches dearan the pAside. 4 . 27.2 Reoommendation is to swing the door rnward. The coat hook is too high; the Figure 4 dimension is 67 inches from the finished 4. 16.6 goof, The paper tower drsponser is a protnrdkcg object: protruding out 8 inches Figure 30 from the wog and Is 38 erchas above the Mor The counter height in ftris WN 4. 27 .4 room is at 32 kxhas to the top; the 4 . 2.5 or bottom Is at 24 irisins obove the floor. The kwatwy tripes are wrepped. The 4 .2.6 pipes sticks out 12 inches Rom the beck Figure 5 wen. The mirror s beeled 9 etches 9 above the countorheight The learnt or 6 controls oro knobbed. 4.4.1 Figure 8 4 . 19.6 Figure 31 4 . 19.5 Page 16 FEB - 26- 2004 15 : 12 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 36 / 46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION rims BulidintiMedion Area Ism" ADAAG Noted Prepoeed Resolution Code Photo Result of EhtpeAs Dtscussions fteferenco- net. Ss. Confersnss Ihn The signage a on Bre door. The 4.30.4 Ilse leave signage as is. Center Women Toilet overhead signago is not 3-Inch high 119, Arw 4 ,30 .6 Add in automated opener at paom NNW Tell"rot lef ars, Iho'am 1 inch In height The door 120. the entry door. Control Room swings irlwetd The door has 3 inches 4 .30 .6 121 ' button can be on the Interior clear on the prdtside- there are 2 1226 side only, lavatories, 3 urinals (il and 1 toilet stall. 4 .30.3 123, 124 The mens toilet stall is 71 inches an the 4 . 13 .6 Remove the tavatory, mirror, plumbing wall The other dimension is sonpAowel dispensers and accepfobIt. The water dose is 19 Inches Figure 25 trash receptacle from the off the side wall. the mar grab bar is accessible stalls. Add a coat being blockadby the poperiowel 4. 17 .3 hook at 48e1 high. Change the dispenser. The paper towel dispenser is Figure stall doors to swing in. 46 inches above the Poor Plumbbp 30(a)4 . 16 pipes protrude out 8 inches. The tole? 2 Modifyhave one accessible bowl the lavatory counter paper dispenser is 39 itches off the back to fi wail. there is a push and tum access for Figure 30 with accessible soapftowels. Me toilet paper dispenser. The coat hook provide a full length mirror. Is at 68 inches abow the Poor. The 4 .27 .2 levatory is 44 inches off the side well. Figure 4 One urinal will be towered to Ona of the urinals Is 23 inches above 17"h maximum to the lip and the Poor; the second urinal Is 23 4 .27 .4 44" to the hush valve if the inches and the MIM urinal is U Inr3res cost of doing so does not above aril Noor. (it Common Area: The 4 .27.2 exceed $1 ,500. Defendant tavarodes in the common area are 31 Figure 4 will explore possible lower inches of the top; 27 inches of the cost options such as bottom. The lavatories pipes ere 4. 2 . 5 or selecting the urinal closest to wrapped The tsucef controls are the vent stack. knobbed. The minor is 41 inches above 4 . 2 .6 Pre Poor The paper towel dispenser in Figure the mmm0n area is a prolmding object or 6 epproechbrg the leve". The controls aro at 63 incnes to Pre top. The paper 4 . 16.2 lower dispenser profrudes out 9 inches. The and is 54 Inches above the Poor Figure 30 4 . 18 .3 4. 19 . 2 Figure 31 4 .19.5 4 . 19 -6 Figure 31 4 .27.3Fig ure 5 or 6 4. 4.1 Figure 8 59. Conference or rig The drinking fountain It 44 Inches to the 4. 152 Eliminate the drinking Center Fountain spout. The water does no squirt up the 4 fountain or add a cup Inches. The spoof is 5Inches from Ilse Figure 27 dispenser at 411" high. beck wall. 4 . 15 .3 4. 15.4 4. 1 . 3(10) Page 17 FOR SETTLEMENT PURPOSES ONLY Facility: Dedgertown Vero Beach . Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSi(ON lam building/Section Area Issue ADAAG Notes/ Proposed Resolutlon Code Reference,* photo Result of Experts Discussions Ref. f.0. Conference Don Noweemb There aro no Owe tights 4. 1 . 3(14) Add audiblWvisual alarm if Ccn� Room existing alarm Panel pael will 4428 accommodate. Yexacal Room Gen" W*Wg Arm bl . Conferamx Yeses and The doors are 24 inch doors, they are 4 . 1 .3(8)(4 Install signage at entry (,enter Wemens Tone tnaccesrrbfe Recwmmendatkm that ) indicating location of nearby Roan on East sgnege ba provided ktantily ng trA61e aeeeaSible restr001TIS. Side • Non the access&* loilet fooms aro located- 4 . 19-5 Accessible Recommendation is for considerdttan at Toilet Roams these Toilet rooms is to change out the faucets on Die bulli rlos to kNw for arl"t; conditions. 62. Confcrcntx rein Aru There to a sates area In the kont area 7 .2 125 Add an 8" deep x 24" wide ( rnicr Front Ar" with a counter. 4.4.2 shelf w/Z7" high front leading edge and 34" high maximum The co mter is at height or 42 inchesfigure e top surface. Shelf can have There ere five light fixtures located on rounded Corners, ellher side. The light fixture, on the east side gang back to the meeting roans. is Install a planter or other at a height of 61 inches from the finished detectable element below the Roof. The Sphf Mares protrudes cuf a fixtures. dimenston peVridicufar off the wall of 7 Inches of an anglo. 63. Conference House There is an issue wiM the volume control 4 . 31 .3 126 Lower the outer phone to 48" Center Tolv"nes By and the mounting I"hf of these units. high maximum and Install a ManAceesshk The telephones are mowted of a height Figure 44 volume control handset. Te1et Rooms of 58 inches from the frnisbed floor Phis is 4 .312 Rearrange the furniture to beyond Dxo reach ranges. There are provide an accessible poth to chairs blocking the access. Figure 44 the phone. 4 .31 .5 640 Conference Fin The pull for the cabinet is at 56 incha5; 4 .27 .3 Add an B" deep x 24" wide Center Eruntwbw this is beyond the reach range shelf wf2r high front leading CebinetbyDoe requirements. There Is a cowdur in hate Figure 5 edge and 34" high maximum ROOM 7.2 at a height of 41 Rhes abow MB Rea. or 6 top surface. Shelf can have 7 2 rounded corners. Page 18 FEB - 26 - 2004 15 : 12 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 38 / 46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility EValuatiOn Survey & Proposed Resolutions Report HNAL VERSION Nave ADAAG Noleal Proposed Reeotuaon Item Bultdingl$lCnon Ama Code Retorenee• photo Result of Experts Dlscuaslons Rei. st"aw Club Than are 4 TVs. There g a targe TV. '303 127, install signage at bar 6S' Conferone! low+ss Need to make sure the TVs ere dosed 125, indicating TV closed C:eatcr 5.2 129, 131 captioning available upon Captioned. Thera is a bar. Need to request. provide an accessible table. There are 4 .32 . 3 Q W billiard tables provided. ?Here is a provide an accessible table round card table. The cord table has 413.9 with appropriate knee 18 inches to the underside. In the clearance near the bar. general along 114e1e Is a snnag table that provides 11 Inches. Dther tables The asphalt area at the have so inch table top; need a 48 Inch sliding glass door will be tebte top to provide access for patched (tilled) to be level undemearh the table. There ate with the bete of the sill. sliding glass doors going Out to a Outdoor sitting ilea. {4) rho dear operthp is 32 inches. The issue Is the lalchlno device (of the opening of the door. There is a threshold condition. Go" out from this arae a person goes out to the fields. Rewwk the asphalt paving at the threshold. Provide a portable ramp at the glass sung dear. (4) 66. Cunfercncc of"" The spout height is at 44 inches. Is) 4 . 15.2 130 Eliminate the drinking Ccntcr fountain By The spout is located a dimensionof 5 fountain or insist/ a Cap s�"'n Gua inches from the bed* wag. The weler Figure 27 dispenser at 4e " high, leuna! Hallway does not squirt up 4 inches. 4. 15. 3 4 . 15.4 4 . 1 .3(10) G7. Con&ience 400Arrgds ANftsignageuutedstohieimmsedMhers 4. 3D.4 Install tactile signago. tordrwra and8rat11e. Monolithic monotone Ccntcr Rooms 4. 30.5 redundant signage is Doe Drysdale. 4 .30.6 acceptable, preferably Do DrysdaJim located Immediately below Ghanian *$* the existing room name Tammy lesorde signs. 68. Conicrcncc J7mamp" There is no strobeagMprovided within 4- 1 . 3( 14) Change door knobs to lover (:anter HOWAO Room the space. Door hardware is knobbed. 4 .28 handles. 4 . 13.9 Install an audlbletvisuai alarm if the existing alarm panel will accommodate the addition. 69. Contercncc els evNtr Door hardware is knobbed. There is a 4 .13.9 Change door knobs to laver Cctitcr Trddrrg Room counter arm a sink There is no strobe handles. light provided within this space. Th4 . 1 '3( 14) Install anaudibistvlsuslalarm counter height is a 35 inches. 4 . 28 if the existing alarm pane; will 4.242 accommodate the addition. Page 19 FOR SETTLEMENT PURPOSES ONLY Facilitys Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSiON Item BulldirgMecaon Area issue ADAAG Notest Proposed Resolmon coo Photo Result of Experts discussions Reference• Rot. 70. Conference Go Hodges The dDOr herd*8til a knobbed. 4 . 13.9 Change door knobs to lever Gentar Roam handles. 71 . Conference Exift Bulfding There are a set of er8 doors going out 4 . 13 .9 132 Change door knobs to lever Ccnw and they have knobbed hardware. handles. 72. Conference Oen Dr"dA The door haNware is knobbed The 4 . 13.9 133 Change door knobs to lever Center Room 6gnage is "foal as previously reviewed, handles. 4.30 73, Cunfcrcncc Bob Hunrsr The doorhantwere is knobbed. 4 . 13.9 Change door knobs to lever Center Press Roan handles. 74. '1 anis Carta Tennis Courts The path oflydvatto the tennis courts, on 4 .5.2 Create /provide site map the west side, needs to bo reworked. The 5 or Indicating accessible entry second issue it going to be the lever for 4 .2. point for tennis courts. See the gate access is too high. Al Is at 59 4 .2.8 Item 108A. inches. The path of the travel is rot aweptable. The gate width Is wide Figure 5 enough for access- There is another or 6 accessible path of(ravel to the fermis courts. on the east tide. The Aevers for the gates are ar Me freight of 50Inches on one, on the second gale the height is 54 inches. 75. Tennis Cuurts TWO Tsmds The ddnking loladain at Mo tennis court 4 .5.2 137 Provide accessible drinking CmutArea on the south. fountain of alternative pinkMD 4. 15.2 accessible drinking water The drinking lountain is upon a small source such as Igloo cooler sMi Torok 41AS on platform, which is inaccessible_ To gel up Figs 27 with bottled water. Coral on the pladbmn there a e step of 2 4 . 15.3 inches. The drinking louillaln is of a hafght of 40 indhes. The spout is 3lnches 4 . 1 .3(10) from the fiord. 76. Tcrulis Comm Yemus Court There is no drpddng fountain on the NIA Morar WA tennis court on the north side. 77, re mis Courts Path of rbcs► There Is a challenge at the walimir the 4. 5.2 138 Create /provide site map asphd paving roads to be leveled W. indicating accessible entry polyd for tennis courts. See Item 108A. 79. Pool Attu RanP UP To There is a ramp up to the pool area. The 4.8.5 Increase the existing ramp Fast Ar" ramp k greater Men 6 feet In kngM. Bre area to the full width of the ramp is 10 feet in length. Therefore the pathway and reduce the romp is required to have handrags on slope to 5% or less. Will sides. The transition is 6 inches from one end to the other. The slope of Me row Tarr the bottom to the top is 10-We 10. 8'1., 0.4% and 10.29'.. 79, Poul Mer Bar Ares At There it a bar area at the pact area. 4.32.2 139 Provide an accessible table Ike# Themboro an accessible table reed to be with appropriate knee provided. The typical tables at the pool clearance, haus no access underneath the table. Page 20 FE8 - 26 - 2004 15 : 13 FROM : LITTER MENDELSON 305 603 2552 T0 : 772 770 5095 P . 40 � 46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach , Florida Accessibility Evaluatloft Survey 8 Proposed Resolutions Report FINAL VERSION Item Building/Sactron An! I!! ua ADAAG Notes/ PropocedResotutlon Code ptwto Result M EKpstts DIlcuscions RerorencD• R� Rp, Pool tura lone rod There i8 a ramped tvelkway 6mng down 4.8 .5 Install handrails. womsnc idiot to the foNet rooms. The slope of the Room welt ramp, yogis riom 8.076. 4. 7'.6, 9.846. Siris of Pool 8,576 and 8.096. NandreAs ere needed ""' R""P°d due to the kmgth ollhe ramp. ars, cDl�s >o TDAN Rpoms St , Pool Area Maned There ere Showers formes and rrornerr. 4 .27. 3 J40 err/ever cont Ito operate the Womcnc The controls ere not reachable. Figure 5 shower. SADw Dr 6 tti, pr„t Atra Wsmanc ToiMt The signage Is on the door The door iS 4 .30 .4 141, 142, In6ta11 ADAAG compliant Room MPooJ blocked open. The doors a 30 Mrh door. t43 tactile signage at the entry. eros !f the door is desed !here fs 3 orches 4.30 . 5 Remove the Ducar door or Wear On the side. The reside doorhes d.30.6 otharwias ellmtnate the knobbed hardware. Recommendation id vestibule, take fhe outside door off. kavt the 4 . 13.6 Mterro► door. Tfrere are ? toast stalls end Figure 25 Modify the /ixtu�es and 1 ►awrlory in a countertop. The lavaloryia accaaaories to create an at 3fi incites 10 Ore top: 2Blnchos to the 4 , 13.8 eccesslble restroom_ bottom. TAe pepertOwel dispenaar fs 2y x , 27 .2 inches above the coveter. T/te mfrrm is located 13 inches above IAe counter Figure 4 Consider faking out one toilef atoll oaf end making one ecceaalbre to4ef stall. 4 .27. 3 The toikt stall depth is 58 inches. The wafer rdosat is 11 inches oA' fhe well The Figure 5 coat hook is et B8 indres above rhe Boor or 6 and the pencA, is no compliance. 4 .17.3 Figure 30(a) 4 . 16.2 Figure 30 4 .2.5 or 4 . 2. 6 Figure 5 or 6 d.35 83 Pail circa Paaroll}pgl NedDe nBAdBlo be trimrnad to Provide a 4 . 3.2 149 Provide an aoeesslble path of ro u►o Mens 3b kuh dear path of travel. Another piece travel to the restroom. ror7al Roam has been added fo gel around to fhe mens fork! room which comes up short !n providing a 36 Mdr path of Navel. The path of have! a< one point is 31 inches, et Strother poMtlhe path oltrovel fs 20 inches. Page 21 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION hem Qulldinyllieedon Area Issue ADAAG Noust Proposed Resolution Code Reterenco• Photo Result of ExpedS Discussions Ren. 84. Pool Area Men Tolld The signage is on the door. There R aro 4.30.4 144, 145, Install ADAAG compliant Room At Pool water closet and one What, (1) Consider 146, 141r tactile signspe at the entry. Arm removing the perifltorl system and 4. 30. 5 148, 149 Remove the outer door or making tMs area are large area The 4.30.6 urinal Is 28 inches above the Itoor. (1) otherwise eliminate the Exiling Do of the mend foeet room, the 4 . 18.3 vestibule. exterior door nes 2Inches Ovar on the 4. 13 .6 Modify the fixtures and pu8side. The door is a 36 Inch door. The accessories to create an intortor door has knobDedherdwere. Figure 25 accessible restroom. Recommend to remove the exterior door. The resbbuh is 48lnceel You approach 4 . 13.9 are hinge side with the door swinging 4.19.2 inward. The door k a Figure 25(b) tMe. The cou dwhip is at 32 Niches to the tops Figure 31 26 Indus to Nue bottom. The lavatory pipes are not wrapped. The bucel a 4 . 19 .4 kw The minor is located 16 trlchas 4 .19.6 above the couraer. The papertowel dispenser a 28 inrhas above the counter Figure 31 height. The coat hooks are provided of a height of 66 inches from aro finished 4.27 .2 floor. Figure 44 .27 .3 Figure 5 or 6 8i. 11001 Area shunhnoerd There Is one shuffleboard court sea that 4 .3.2 1500151 Connect the 2 existing caw could he aarsso". walkways. 86. Pool Area Beech There is no accessibk We to the 4 .3 . 2 Install a crushed stone or VOryba8Are@ voloybd court similar compacted path. 5" sraoWe or Item 45. Asphalt or concrete POOr is not required. 87. Pool Area ►leak Tab» AN of the picnic febtes are located on 4.5. 1 152 Provide a crushed stone or Arm surface made ouf of bade there is no similar compacted surface at accessrbfe mule *notable, See Item 45. ax. Pnoi Area Shen ONks There is no access to the baskotbe8 4. 3 .2 152 Provide a crushed stone or udiaa cowls. similar pathway. See Item 45. eadFus Asphalt or concrete is not required. Arra and 6askeleell Carts 89. Pool Arca Ck,a Roan There Is a dub room buldery and 4 .152 Install a cup dispenser or a &Nifbparrd dr /*XVfoundamlocate# on8rononh now hightlow drinking Dridirrp sde of the pooi, behind a tnnlding WIM Figure 27 fountain. Founath Horth Guest Room Numbers 191 and 192 The Slee or►ow drinking fountain a at 39 inches above 4. 15. 3 the deck The spout Is located 4 inches 4 . 1 .3(10) back from the hwd Pape 22 FEB - 26 - 2004 15 : 14 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P , 42 ' 46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION Item Building/Section Area Issue ADAAG Notesr Proposed Resolutlon Code Reference• Photo Result or Exports Discussions Ret, 90, HOW Koos lot This is a typical room. There Is a step up 4 . 13.8 154, The presently designated Typical Room into the roam. The slop Is a 4 inch Step. 1550 accessible room Shall be The door hes knobbed hardwar@. 413,9 156, made as accessible as Skinooe for all the rooms Is on bre doors. 4.30.4 157 , possible within the existing The entry door Is a 36 inch door The 1 saw floor plan. Modify 2 Sectaaylock is at 59 inches. The drapery 4.30.5 1599180 additional guest rooms to be wands hie bottom are 64 inches from the 4 . 30 .6 accessible based on a readily am. Tho atc conhais ere located at 82 achievable Standard; one inches horn the Boor There is a Josef q 2 5 or with a roll-in shower and one with b0old doom. The infold dosot dew 42,6 with a rub. The Defendant op@nhg is 31 inches. Bathroom: The &hall provide Plaintiffs with a bathroom is a typical hotel bathroom. The Figure 5 proposed drawing prior to pkrmbft wall is a dimmnsion of 94 itches or 6 Implementing any alterations an Uv plumbing wail; the dimension the 4.27to the guest rooms. Tho other way is 59 inches. '3 Plaintiills' expert and Figure 5 Defendants expert may or 6 review the drawing, but plaintiffs' expert shelf not 4 .23 have input on the design of the rooms. 91 . Hotel AnY•uole There fs an accessible parking space 4 .6.4 161 Relocate the accessible Parkdne %pate outside the Registration end SS parking space to a nearby o'mi't Administration Ofbce, The accessible FL flatter area with the least RcclsrralWo Wdh'g space slopes doamward 553-5041 possible slope given chip Rod toward the drMway. M17179 4 accessible existing site conditions. Administr"6n .6.3 a Office pi kkw space sign R low The slope of SD'Ipo and install signage per the accessible parking space is 3%. Florida standards. 4. 6%, 4.3%, 3.0016 &W 4. 7%. 92, 11oa1 Ketry Doer The entry door to the Registration O61ce 4 . 13.8 162 Install an automated door ste=htradon has a stop@ outside the door of 8 f% opener or reconstruct the omce 9. 90.6, a8% and 7. 7%. landing area to have maximum 20/e slope. 93. Hold CbeeY roe The counter height of the Check inn desk 7.2 163 Install an 8" deep x 24" wide Dat Is 48 inches. shelf on the tau. See Rem 26, Page 23 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach , Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSTON Item BuNding1Sealon Area Issue ADAAG Noteal Proposed Resolution Code Referonce• photo Result of Experts Discussions Ref. 94. Hotel Mm Tuitet The signage is on the door. The door 4 .30.4 164, 165 Add ADAAG compliant tactile Room Is The hardware is knobbed. The water cfosef is signage at the entry. "(straden k coo 18 krches of me side weft The 4.30. 5 Office pgoertaNetdhpenser ;s located 58 Check the door hardware to a .30.6 assure lever handles are inches above the floor. need to be relocated to dro kA side by the lavatory 4 . 13.9 present. Thta mkror is tocaled of 41 inches to fhe 4016. 2 Lowsr mirror to 40" high reBerYive surface. The toilet seat covermaximum to bottom dispenser is located of 58 inches above Figure 29 reflecting edge. the Noor. The mens 1Glet room is 71 kvhos along the prumbmp woo; the depth 4 .27.3 Locate paper towel and sest is 89 kiclies. Tle 5 foot diameter circular Figure 5 cover dispensers to be within is not Pie_ or 6 accessible roach range. 4 . 19.6 Figure 31 4 . 17 . 3 Figure 30(a) 422.3 9s. Hotel women, TA¢ women IMW room in the 4 . 17. 3 166, Add ADAAG compliant tactile Toaet Reem Registration area is similar to the mens, 167, signage at the entry. In the The pki n my well Is dimension of 71 Figure 1681 ReKistradoa30 a) Check the door hardware to Area inches the dlmensron the Mer way i5 89 ( 169. inches. The 5 foot lum around is not4 22 3 assure levor handles are provided. The paper towel dispenser is present. located 56 irides above the Noor. The 4 . 16.6 Lower mirror to 40" high lo8ef seat cover dispenser is 57 inches maximum to bottom oAthe Noor above the water closet The Figure 30 reflecting edge. kivato/y pipes are wrapped. The kwarory 4 .27.3 pipes sticks out 9 inches. The mirror is Locate paper towel and seat located st 45 inches above the Roorto Figure 5 cover dispensers to be within the reNedfvo surface. The wafer closet in or 6 accessible reach range. the worsens toner room is iocsted 10 ingies off fix side walf 4 . 19.6 Figure 31 4 . 16.2 Figure 29 Page 24 FEB - 26 - 2004 15 : 14 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P044 / 46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VEPSION Item autldinglSoctlon Area Issue ADAAG Notes) Proposed Resolution Code ReferanCe• Photo Result ofEKpatu Discusslorn Ret. 96. Hotel Room 113 The signage is on the doer The security 4.30.4 1709 See Item 90. Acceri46k latch device Is 60 inches above the Poor. 1710 Room the drapery wands via ata height of 83 4 .30. 5 172, inches above the Poor. There are We 4.30.6 173, lights within Ne specs. The controls frn 174, these lights require bnsfrrlg. The bottom 4 .2.5 or 175, of the desk is 23 indres from the tirirshed 75 42 8 1 . Poor There Is 32 Inches between Pio 177 , beds. satllrooi: The shower seat is no Figure 5 1780 provided. Once a shower seat is put Into or 6 179• the shower. The controls need to be on 180, the side wall verses the hunt W The 4 .27.3 181 , grab bars are not complaht. The Figure 5 182' F bethmom door swings Into the clew fiW Fr fi 193, 184 spate of Mo lavatory The lavatory In the room is at 31 inches to the top: 28 orches 4.27.4 to the bodom. The at confrots are located at 52 Inches to the top. There Is 4 .32.3 no lower clothing rod in the closet. The dothing rod It at a height of 61 Inches. 9.2.2 The bmr is at 52 inches to fhe centerline. 4 .21 . 3 The access into the closet has 3 f fiches W clear width. The occass into the Figure 36 bedroom is 29 inches because of the 4 .21 .4 bed The electrical oudatAs located behind the cobheh need access to the Figure 37 electrkat ou8et. The telephone is not volume WRW,, also need to hew vWume 4.21 . 5 confrof Indicated. Figure 37 4 .22.2 4 . 192 Figure 31 4 .25.3 Figure 38 9. 3. 1 97, Howl Rama 113 At the front door Mery is a i inch 4. 13. 8 1850186 See Item 90. Accrnible threshold. Need to rework. Room TArer11N111 9t Front Door 9111 Itotcl Repoin 173 the sidewalk going up to the room has a 4 .3.2 187 See Rem 90. Accmvtole Nope of 5.5%, 8.0% and 3A%. Union Sidewalk Golne Up w RwNn 99, II01c1 Acceii0pir The signage IS low. 4 .6.4 lee Provide an accessible PorkinX .Space parking space meeting FL SS Florida requirements at each 553. 5041 accessible guest room. Page 25 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach, Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION Nam aultding/Secgon Area (aoYe ADAAG Noteol Proposed Resolution Code Reference• Photo Result of EKperts Ohcussions Ret. too, 1-lotrl Rey Going to the oonferenco roan theft is a 4 . 1 .3(14) Install an audible/visual alarm Campanella slope atony the path of travel The slope if the existing panel will oafereace is a 4%. 6.4%, 5. 5%, 4- 855. 4-4% and 4 28 Rallow. Room 5.47, There Is no sfmbe fio provided within the space. 4 .8. 1 101 . Hold Tolle+ Room The fotof room has a 24 inch door. The 4 . 13 .5 1892 If space allows: by using part doorhardwere is knobbed. The toilet 190, of the adjacent storage room Ca epaae0a mom plumbing weed is a drrrensbn of 53 Figure 24 191 . 192 modify the restroom to be as Confereare inches; the dknertskrn the other way is 54 4 . 13.9 accessible as possible within Room kttAat The lodef mm a too smog The the available space (I.ee wafer closet Is 15 inches of the side well. 4 .22.3 existing restroom and closet 4. 16 .2 combined), Otherwise, Install signage indicating the Figure location of accessible 28029 restrooms at the registration office. 4 .22 SOL Tlotel Tramltion On the soM side of La Campanette 4 .3 .2 Fill the settled asphalt area. Scat, Side of there is as*N paving and the concrete. La The 14ftsAton behteen these Iwo areas Campaecna need to be reworked. 103. (:nnfcrcrtce reteptrone tnede the Conkience Center bytho 4 .31 .2 193 Relocatelrearrange the Centcr Im:dc main entry fixers is a telephone in the furniture to provide an " t1we tamer that is being blocked by furniture. Figure 44 accessible path. The mounting height of(his (aiephone is 4 . 31 . 5 at 40 inches. Need volume control on fho Provide a volume control reteptrene. handset. W. conference Fitness Cr"ter The er&y door is 36 Nachos. The door 4. 13 .9 Change door knobs to lever C:cnter hardware Is knobbed. There is no handles, accessible route to get to oro diflereat 4.3 .2 pieces of equipment (6) Need to make Where possible without sure Caere is an ecces0ft route to moo reducing the amount of each different piece of equipmentequipment, res"1119e elements to provide a 36"w path to one of each type. (8) For future remodeling, consider the voluntary recreation accessibility standards. 105. Cnnrerence This completes the report for HVA Ccntcr the facility. We did not look at the Executive Building, Lobby and the two toilet rooms by that area. Based on the floor plans Rooms A. 8, C , 0, E, F. 106. Hotel Cofaa/Austin Additional consideration. Not Modify the restrooms to be Meeting part of L.S. report. accessible by eliminating the Room vestibule entries, widening the entry doors, and modifying the fixtures . Page 26 FEB -26 - 2004 15 : 15 FROM : LITTER MENDELSON 305 603 2552 TO : 772 770 5095 P . 46 / 46 FOR SETTLEMENT PURPOSES ONLY Facility: Dodgertown Vero Beach , Florida Accessibility Evaluation Survey & Proposed Resolutions Report FINAL VERSION Item BulldingtSectlon Area Issue ADAAG Notest Proposed Resolution Code Retenmcee Photo Result or Experts Discussions Ref. 107, Hotel General Additional consideration, Not Create an accessibility trap part of LS. report. indicating the location of accessible features. 108. Conference General Additional consideration. Not Create an aecesslblllty map Center part of L,S. report, indicating the location of accessible features. 109. Stadium General Additional consideration. Not Create an accessibllity map pan of L.S. report. indicating the location of accessible features. Miami:90.6 (146214 . 1002 2/25/04 Page 27