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HomeMy WebLinkAboutR-95-0118J-95-121 1/24/95 RESOLUTION NO. 95- 118 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PLAINTIFFS CHRIS LEONE AND ROBERTO i PEREZ, WITHOUT THE ADMISSION OF LIABILITY AND SUBJECT TO THE COURT'S APPROVAL, FOR THE CASE OF LEON AND PEREZ V. THE CITY OF MIAMI, IN ( THE UNITED STATES DISTRICT COURT, SOUTHERN { DISTRICT OF FLORIDA, MIAMI DIVISION, CASE NO. 92-2396-CIV-DAVIS/GARBER. WHEREAS, plaintiffs Chris Leone and Roberto Perez, by and through their attorneys, have filed a claim and lawsuit against the City of Miami, in the United States District Court, Southern District of Florida, Miami Division, Case No. 92-2396-Civ- Davis/Garber, under the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101, gt. a=.; and WHEREAS, in said claim and lawsuit, plaintiffs have alleged that the City of Miami's policies, practices, actions and conduct as owners of the Orange Bowl discriminate against plaintiffs on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations offered therein; and WHEREAS, the City has denied plaintiffs' allegations and has raised defenses and objections to jurisdiction; and ATTACHMENT (S) CITY COM USSM)a NEETLNG OF FFP► 0 9 1995 Resolution No. 95- 118 �t WHEREAS, in the spirit of cooperation and to avoid the costs and risks of protracted litigation, the City and plaintiffs have sought to resolve this dispute amicably; and WHEREAS, the City Commission finds that it is in the best interest of the general welfare of the City of Miami and its inhabitants to authorize the City Manager to execute a Settlement Agreement, with plaintiffs Chris Leone and Roberto Perez, without the admission of liability and subject to the Court's approval; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute a Settlement Agreement, in substantially the attached form, with plaintiffs Chris Leone and Roberto Perez, without the admission of liability and subject to the Court's approval, for the case of Leone and Perez v. the City of Miami, in the United States District Court, Southern District of Florida, Miami Division, Case No. 92-2396-Civ-Davis/Garber. Section 3. This Resolution shall become effective immediately upon its adoption. -2- 95- 118 PASSED AND ADOPTED this 9th day of February 1998. STEPIftN P. CLARK, MAYOR ATT MATTY HIRAI CITY CLERK PREPARED AND APPROVED BY: M. oq&, IRMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: jp7z'1�4"�� 70/,z AQ N . ' / III J CITY TTO Y M4883/IMA/bjr/bss 95- 118 -3- UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 92-2396-CIV-DAVIS CHRIS LEONE and ROBERTO PEREZ, Plaintiffs, v, The CITY OF MIAMI and the UNIVERSITY OF MIAMI, Defendants. SETTLEMENT AGREEMENT 1, WHEREAS, Plaintiffs, CHRIS LEONE and ROBERTO PEREZ, have filed a Complaint alleging that Defendants' CITY OF MIAMI and UNIVERSITY -OF MIAMI, directly, indirectly or through contractual or other arrangements, utilized methods of administration and/or engaged in practices that have the effect of discriminating on the basis of disability; or perpetuate the discrimination of others by: (i) failing to make reasonable modifications in policies, practices, or procedures; (ii) failing to. take such steps as may be necessary to ensure that no individual with,a disability Is excluded, denied services, segregated or otherwise treated differently; and 01) have failed to remove architectural barriers and communication barriers, so that disabled patrons can come to, attend, and enjoy a University of Miami football game, played at the City of Miami Orange Bowl. 95- 118 t©'d 6622ELS 31 vlod_d WUZZ:60 S661-SO-TO { 2. WHEREAS, Plaintiffs' Complaint requests that the following. violations be remedied in connection with football games played at the Orange Bowl Stadium: a. the lack of adequate seats for persons with disabilities; b. the policy of segregated seating for persons with disabilities; cl discriminatory policies and practices in the selling of tickets to persons with disabilities; d, inaccessible medical care facilities; el unsafe and inadequate ramps and lack of wheelchair access to the north and south stadium sections, f. inadequate number of restrooms and lack of privacy therein, for persons with disabilities; g. inaccessible concessions; including the Hurricane Grill; h. the lack of or inadequate sidewalks and curb cuts around and leading to the Orange Bowl; i, disabled parking spaces are not correctly provided; �. communication barriers respecting the absence of signage on facilities regarding disability services, programs, activities, or accommodations; k. having a ticket pricing policy in the disabled seotion that violates a local ordinance; 1. other miscellaneous violations of the Americans with disability Act, and regulations promulgated pursuant thereto; and 3. WHEREAS, Plaintiffs,deny each and every affirmative defenses asserted by Defendants and have demanded strict proof thereof of both Defendants, and whereas the plaintiffs have a pending motion for summary judgment [against the Defendant, University of Miami], and such denials of Defendants' defenses and objections. are expressly preserved hereby and are not waived by entering into this K 95- 118 SO I d 6Ec'". ZU 71 World WdEZ :6E S66T-GO-T c Settlement Agreement; and 4. WHEREAS, Defendant, City of Miami in its answer has denied Plaintiffs' allegations and raised defenses and objections to jurisdiction and such denials, defenses and objections are expressly preserved hereby and are not waived by entering into this Settlement Agreement; and 5. WHEREAS, Defendant, University of Miami in its answer has denied Plaintiffs' allegations and raised defenses and objections Including that the University is neither an owner, lessor, lessee nor operator of the Orange Bowl, is without the right, power or ability to make changes in the physical structure of the Orange Bowl, is not a proper party herein and that there is no jurisdiction over the I I University in this action, the University has a pending summary judgment motion I on these grounds and such denials, objections and defenses to jurisdiction and liability are expressly preserved hereby and are not waived by entering into this Settlement Agreement; and 6. WHEREAS, Defendant, City of Miami has by resolution from its governing body, previously established and implemented policies prohibiting the discrimination against persons with disabilities, designating persons to be responsible for, and with authority to render compliance with the Americans With Disabilities Act ("ADA") and establishing a grievance procedure for resolution of complaints of discrimination by a person with a disability; and 7. WHEREAS, Defendant, University of Miami has an established policy prohibiting discrimination against persons with disabilities; and 3 95- 118 Sold E6226LS 01l Wodj WKE :60 566 T-W- e 8. WHEREAS, Defendants agree to maintain communications with persons with disabilities and organizations representing disabled persons in an effort to foster the spirit and intent of the ADA; and 5, WHEREAS, in the spirit of cooperation, good faith and conciiliation, and to avoid the necessity and cost of protracted litigation, the parties seek to resolve their dispute amicably; and 10. WHEREAS, Defendant, City of Miami has modified and resolved the accessibility issue concerning the northwest end -zone medical care facility; and 11. WHEREAS, Defendant, City of Miami has resolved the issues involving the lack of privacy regarding restrooms; and 12. WHEREAS, Defendant, City of Miami has resolved the issue of equal menus and accessibility to the west end -zone picnic concession stand; and 13. WHEREAS, Defendant, University of Miami has resolved the issue of accessible ticket sales areas at the Hecht Athletic Center and the Student Union at the University of Miami by, sometime prior to March 16, 1993, modifying its ticket sales practices to make disabled seating tickets available through a ticket agency, providing additional methods, options, and locations for persons with disabilities to purchase tickets; and 14. WHEREAS, Defendant, University of Miami, in Mr. William Dunaj`s April 28, 1994, letter to Mr. Jorge Duarte, which Is attached and incorporated hereto as Exhibit "H", has clarified its policies regarding family plan purchases and seating arrangements in the west end -zone disabled seating area, as well as its ticket 0 95- 118 � o I d 66226LS al idod=+ Wtz� :6e s66Z-��-T�, pricing policies for the newly constructed disabled seating; and 15. WHEREAS, Defendant, City of Miami has completed its review of access routes from public transportation, accessible parking areas, and city and county sidewalks surrounding the Orange Bowl, and has agreed to Improve accessibility to the Orange Bowl where necessary; and 16. WHEREAS, Defendants have objected to inclusion of the following issues as not being alleged in Plaintiffs' complaint and WHEREAS Plaintiffs agree not to amend their complaint to include the following areas or Intervene with other interested applicants, all parties nevertheless, in the spirit of cooperation and upon agreement that the provisions of subparagraphs (I) through (iv) of this paragraph may form no basis for any claim to recovery of costs or attorneys' fees by any party or attorney, Defendants and Plaintiffs agree as follows: (i) Defendant, City of Miami will make audio amplification equipment for the hearing impaired available at the Orange Bowl manager's office; and 00 Defendant, University of Miami, will disseminate information through the media encouraging persons with disabilities to come out and enjoy Hurricane football games; and (III) Defendant, City of Miami has provided paths of travel, and has provided adequate facilities to accommodate one wheel chair seating space with an adjacent companion seat on Level 5 In the Press Box ! VIP Level 5 and one on the Level 6 area along with the appropriate restroom facilities (See Exhibits "F-1 & F•21; and (iv) Defendant, City of Miami has one elevator outside Gate 10 with accessible cab control buttons audio signals, Braille lettering, and accessible emergency telephones. It agrees to ensure -that the elevator doors remain open when an object passes between a light sensor, located in its doors; and 5 95- 118 eo I d 6622G :S 01 WOdd 1,1_ :60 566T-SEA-T0 17, NOW, THEREFORE, in consideration of the foregoing, Plaintiffs, Chris Leone and Roberto Perez, and the Defendants, the City of Miami and the University of Miami, also HEREBY AGREE AS FOLLOWS, SOUTHEAST STANDS 18. Defendant, City of Miami, per the attached drawings marked "Exhibit A" removed the existing seats in rows 15, 16 and 17 in sections 0, P, a and R of the East half of the South stands, and replaced them with a single row sufficient to accommodate, at the most, 33 wheelchair seat locations and 33 adjacent companion seats. 19. Thereafter, Defendant, City of Miami, agrees, to construct additional whee)chair seating and provide persons with disabilities with additional seating as follows; NO BLA-8T STANDS Defendant, City of Miami agrees prior to the start of the 1996 Hurricane football season, to remove the existing seats in rows 15, 16 and 17 in sections H, J, K and L of the East half of the North stands and replace them with, at the most, 33 additional wheelchair seat locations and 33 adjacent companion seats. BA -PA 20. Defendant, City of Miami, has constructed an exterior concrete ramp on the Southeast end of the Orange Bowl stadium, with a width of at least sixty (60) inches, which provides an unobstructed path of travel to the Southeast quadrant as shown in Exhibit "S" attached hereto and an interior ramp connecting the 0 95- 118 EO'd 66E26LS 01 W08A Wtfb-Z,6E S66i-SO- , Southeast quadrant disabled seating to the nine (9) foot level concessions and restrooms area as shown in Exhibit "C" attached hereto. Thereafter when the Northeast disabled seating section in the Northeast quadrant is constructed, prior to the start of the 1996 Hurricane football season, as set forth above, Defendant, City of Miami, will construct an extiLrior concrete ramp on the Northeast end of the Orange Bowl stadium, with a width of at least sixty (60") inches, and an interior ramp connecting the Northeast quadrant disabled seating to the nine (9) foot level concessions and restrooms area as shown in Exhibit "C" attached hereto. TICKET SALES 21. Defendants, prior to the start of the 1994 Hurricane football season, made Orange Bowl seating in the SOUTHEAST disabled seating area available only to the disabled and their companions, on a season ticket bans, and on a per game basis, In 1995 and thereafter, Defendants will make any disabled seating area(s), other than the West end -zone area, available only to the disabled and their companions, on a season ticket basis or a per game basis until 72 hours before the start of each game. Thereafter, within 72 hours of the start of each game, all but ten (10) disabled and ten (10) adjacent companion seats will be released and sold on an unrestricted basis to the general public, Then on the day of the game, any remaining tickets can be released and sold on an unrestricted basis to the general public, This policy will also apply in 1996 when the NORTHEAST disabled seating area is constructed as to such seats. It is also agreed that the existing disabled seats in the West end -zone will not be released and sold on an unrestricted basis to 7 95- 118 01Id 66Z26LS 01 WOad WdbZ:6e 556:-5©-Te the general public prior to the game unless all other tickets, other than tickets for disabled seating, in the Orange Bowl are sold. RESTRQQMS 22. That Defendant, City of Miami pursuant to the attached Exhibit "13" has made accessible the following restrooms: A) Two (2) men's restrooms and two (2) women's restrooms at the ground floor level; and B) Two (2) men's restrooms and one (1) women's restroom at the nine (9') foot level in the Southeast quadrant; and C) Prior to the 1996 Hurricane football season, In the !Northeast quadrant, Defendant, City of Miami will make accessible two (2) men's restrooms and one (1) women's restroom at the nine (91) foot level. FAMILY PICNIC AREA 23. That Defendant, City of Miami will provide disabled accessible seating at the West end -zone family picnic area and access to: concessions; drinking fountains; tableware; and the condiment areas in the West end -zone family picnic area. CONCESSION A90ESS FOR SOUTHgAST A NORTHEAST AREAS 24. That Defendant, City of Miami has provided disabled access to concessions, f drinking fountains, tableware, and the condiment areas at the nine (9') foot level of the South stands, and prior to the start of the 1996 Hurricane football season, will provide disabled access to concessions, drinking fountains, tableware, and the condiment areas at the nine (9') foot level of the North Stands. EQUAL MENUS 25. That Defendant, City of Miami will ensure that all concessions utilized by the TT Id 662126GS :1 WONZI WdSE:60 S66T-20—:c disabled offer equal menus compared to those concessions not accessible tc persons with disabilities. PUBLI-CTELEPHONES 26, That Defendant, City of Miami, shall request any vendor of telephone equipment to comply with the ADA as to existing or the future installation of telephones at the Orange Bowl. PARKING 27. That Defendant, City of Miami per attached Exhibit "E" has provided forty- eight (48) disabled parking spaces [thirty (30) van accessible and eighteen 0 8) for automobiles], on the West side of the stadium. Additionally, the grass areas located on the West side of the stadium shall continue to be utilized as a flexible multi -use disabled parking area. Furthermore, Defendant, City of Miami has i provided twenty-eight (28) disabled parking spaces (eight (8) van accessible and twenty (20) for automobiles] in the Southeast quadrant of the stadium. Prior to the start of the 1996 Hurricane football season, Defendant, City of Miami shall provide an additional sixteen (16) disabled parking spaces in the existing Southeast i quadrant parking area. With the exception of the grassy areas mentioned above, k. all such disabled parking spaces shall be paved and marked and proper signage shall be provided. LOADING & DROP-OFF AREAS 28. That Defendant, City of Miami has provided, prior to the start of the 1994 9 95- 118 S'd F.C��6LS Ol WQ>J.i Wy5�:60 S66 -so-Te Hurricane football season, passenger loading and drop-off areas in the areas of the West and East end -zone (See Exhibit "G"). SIGNQGE 29. That Defendant, City of Miami has provided appropriate disabled signage throughout the Orange Bowl Stadium and ticket locations regarding parking, ticket areas, entry areas, disabled seating areas, restrooms, and other disabled services or facilities. MANAGER'S OFFICE 30. Defendant, City of Miami, prior to the start of the 1994 Hurricane football season, removed barriers and has provided access to the public reception area of the stadium manager's office, as well as to the Tlcketmaster terminal located therein, and the first -aid station located at the Southeast quadrant's first floor level. EMERGENCY PROCEDURES 31. The City of Miami agrees to make the fire department aware of the present and future disabled seating and facilities and to request them to give due consideration to the disabled in the event of any emergency. DISCLAIMERS 32. This agreement is not nor is it to be construed as a Consent Decree and does not operate as an adjudication upon the merits of the litigation. Any actions taken or to be taken by the Defendants, the City of Miami and the University of Miami, hereunder are not admissions of liability on their part, but are undertaken in the spirit of compromise. The City of Miami and University of Miami specifically 10 95- 118 deny any liability or obligations under the ADA or any other law or regulation and do not by the entry into this Agreement agree or recognize that Plaintiffs are prevailing parties. Similarly, any actions taken or to be taken by the Plaintiffs, herein are not to be construed as a waiver or abandonment of any claim, right, remedy or privilege on their part, but are also undertaken in the spirit of compromise. JURISDICTION ENFORCEMENT &RIEMFECIIIES 33. The parties hereby agree to submit this Settlement Agreement to the Court for Its approval and request the Court to enter a Final Order of Dismissal as to all claims in the form attached hereto as Exhibit "I", including a provision for retention of jurisdiction by the Court and for incorporation of the terms of this Agreement into the Order of Dismissal thereby giving the Court ancillary jurisdiction to enforce this Agreement. In the event the United States District Court does not dismiss this action pursuant to F.R.C.P. 41(a)(2); incorporate the terms and conditions of this Agreement in its Order; and retain ancillary jurisdiction over this Agreement, then this Agreement shall be null and void. 34. Furthermore, it is the intention of all parties, and it is hereby agreed to, that this United States District Court shall also reserve jurisdiction to consider applications for costs, attorneys' fees, and expenses of suit incurred herein, and other and such other further relief at taw or in equity to which Plaintiffs or Defendants may be justly entitled. In the event the United States District Court does not reserve jurisdiction, as above stated, then this Agreement shall be null z; 11 95- 118 PT'd 662261"S W69?t60 566T-SCE-Tc and void. 35, That within ten (10) days after the execution of this Settlement Agreement by all parties, attorneys seeking to recover costs or attorneys' fees shall submit an itemized list of costs to all parties showing the amounts claimed. Whenever the work performed is subject to being ascribed to a single party, said time sheets will contain an allocation showing the amount claimed from each of the opposing parties herein. If agreement regarding attorneys' fees and/or costs cannot be reached within sixty (60) days thereafter, the parties shall agree to mediate before Edward Klein or such other mediator agreed to by all parties. In the event fee mediation is unsuccessful regarding costs and/or as to one or more of such attorneys' fee claims, same shall submit the cost and/or fee request directly to the United States District Court for resolution, irrespective of the above, under no circumstance shall any attorney be caused to waive the 30 day limitation for presenting fee petitions pursuant to the United States District Court, Southern District of Florida Rules. inasmuch as the University has preserved its defenses to liability, including jurisdictional defenses, in the event any costs, attorneys' fees or relief other than that agreed upon herein is sought to be recovered from the Court as against the University, the Court shall first determine the threshold issue of the University's liability, considering all of the University's defenses thereto. 36. if Plaintiffs determine that either the City of Miami and/or the University of Miami, has not cured an alleged failure to abide by the undertakings described in this Settlement Agreement, their sole remedy is to proceed in accordance with the 12 95- 118 Si'd 66Ce64S 01 WONA wd9p-:6e SSET-GO-tie following paragraph of this Settlement Agreement. 37. In the event that Plaintiffs in good faith, believe that either the City of Miami and/or the University of Miami have failed to adequately discharge their obligations hereunder, Plaintiffs shall give written notice of such alleged failure to the City of Miami [City Manager of the City of Miami, 3500 Pan American Drive, Miami, Florida, 33133, with a copy to the City Attorney, Dupont Plaza Center, 300 Biscayne Boulevard Way, Suite 300, Miami, Florida 33131 j and to the University of Miami's General Counsel at P.O. Box 248052, Coral Gables, Florida 33124-2425, and shall specify the grounds relied upon demonstrating such failure, The City of Miami and/or the University of Miami shall then have thirty (30) days from the receipt of such notice to cure the alleged failure. If Plaintiffs determine that the City of Miami and/or the University of Miami has not oured the alleged failure within the thirty 130) day period or any agreed upon extensions thereof, the parties may agree to submit the dispute to Edward Klein, or such other mediator as may be agreed to by all parties, for mediation before applying to the United States District Court for relief. 38. It is further agreed, that upon any initial application to the Court to enforce the terms of this settlement, Plaintiffs will not seek a contempt of court order or citation and that in the absence of any Court Order enforcing the terms of this settlement, contempt of court will not be sought against the City of Miami and/or University of Miami . 13 95- 118 9TId 66ZR6LS 01 WOdd W092!:E0 S6511-SO-TO CHRIS LEONE Plaintiff, BY: CHRIS LEONE �7Nt4q JORGE A. DUARTE, P.A. Co -Counsel for Plaintiffs " West Flagler Street Suite 2400 Miami, Florida 33130 JORGE A. DUARTE, ESQUIRE Fla. Bar No,: 229016 DATED: DANIEL H. FORMAN, P.A. Co -Counsel for Plaintiffs 1401 Brickell Avenue Suite 1030, Box 38 Miami, Florida 33131 DANIEL H. FORMAN, ESQUIRE Fla. Bar No,: 229261 DATED: 14 ROBERTO PEREZ Plaintiff, BY: ROBERTO PEREZ DATED: MICHAEL F. LANHAM, P.A. Co -Counsel for Plaintiffs 19 West Flegler Street Suite 1102 Miami, Florida 33130 MICHAEL F. LANHAM, ESQUIRE Fla. Bar No.: 935824 DATED: 95- 118 ,�'d 66££6LS 01 WC2H S66T-SO-TES THE CITY OF MIAMI Defendant, BY: CESAR ODIC? City Manager DATED: I A QUINN JONES, Ill, ESQUIRE City Attorney CHRISTOPHER F, KURTZ, ESQUIRE Assistant City Attorney City of Miami 300 Biscayne Boulevard Way Dupont Plaza Centor, Suite 300 Miami, Florida 33131 15 BY: CHRISTOPHER F. KURTZ, ESQ. Florida Bar No. 0348260 DATED: 95- 118 aid bb��bzs of waa� �ezz.b� �t,i-sc-i�, UNIVERSITY OF MIAMI Defendant, BY: PAUL T. DEE, Director of intercollegiate Athletics Florida Bar No.: DATED: WILLIAM J. DUNAJ, ESQUIRE Attorney for the University of Miami 4500 First Union Financial Center 200 South Biscayne Boulevard Miami, Florida 33131 BY: WILLIAM J. DUNAJ, Esquire Florida Bar No.: 0111074 DATED: MI-i LOURDES F, LA PAiZ, Deputy General University of Miami., General Counsel Plumer Building, Suite 10 Post Office Box 20052 Coral Gables, Florida 33124-2425 BY: i LOURDES F.jLA PAZ, ESQUIRE Florida Bar No.: DATED: 95- Its 61A GEE26LS 0i WON -A bldL'Z:50 S6E1—=0—TO HONORABLE EDWARD S. KLEIN Retired Florida Circuit Court Judge Mediation, Inc, 100 S. E. 3 Avenue NationsBank Tower, 16th Floor Fort Lauderdale, Florida 33394 BY: EDWARD S. KLEIN DATED: •r i j 17 95- 118 a OZ'd 66 26LS �31 WOci� 4b8c:60 S66i-S[-TO Z ' 'IH101 EXHIBIT "A" SEATING DIAGRAM: SOUTHEAST SEATING AREA NORTHEAST SEATING AREA i EXHIBIT "B" EXTERIOR RAMPS: SOUTHEAST EXTERIOR RAMP ; NORTHEAST EXTERIOR RAMP EXHIBIT "G" INTERIOR RAMPS: SOUTHEAST INTERIOR RAMP NORTHEAST INTERIOR RAMP EXHIBIT "D" DIAGRAM - RESTROOMS f EXHIBIT "E" PARKING DIAGRAM - SOUTHEAST & WEST AREAS EXHIBIT "F-7" LEVEL. 5 PRESS BOXNIP DIAGRAM EXHIBIT "F-2" LEVEL 6 PRESS BOX/VIP DIAGRAM EXHIBIT "G" PASSENGER LOADING & DROP-OFF AREAS EXHIBIT "H" INCORPORATED LETTER FROM WILLIAM DUNAJ: April 28, 1994 EXHIBIT "I" PROPOSED ORDER 95- 118 IZ"d 66��FLS �71 Wpdd WH82:60 $665-56-iE NORTHEAST SEATING AREA EXHIBIT *A* TING AREA 95- 118 NORTH NORTHEAST EXT. RAMP EXHIBIT "B" 95- 118 NORTHEAST INTERIOR RAMP INTERIORRAMF E)CH1BIT 'C" r� RESTIROOMS $'-8" ELEV. EXHNNT "Do H N.W. 5 ST s; ro y ' Z N.W. 4 ST )THEAST PARKING 95- 118 K A EXHIBIT"F-1 " LEVEL 5 PRESSWX/V-1- ►. NORTH EXHIBIT"F-2" LEVEL 6 PRESS BOX/V.t.P. NORTH J - - i nenimr. A DROP-OFF AREAS EXHIBIT"G" 95- 118 Mershon - - MERSHON, SAWYER, JOHNSTON, DUNWODY & COLE Sawyer Miami Office WdUm J. Dunaj, P. A. April 29, 1994 Jorge A. Duarte, Esquire Suite 2400 44 West Flagler Street Miami, Florida 33130 Re: Leone v. University of Miami Case No. 92-2396-CIV-DAVIS Dear Jorge: Pursuant to our conversation following the mediation session, I have determined the current policies of the University of Miami with reference to the disabled seating in the West end zone and the proposed disabled seating in the other sections of the Orange Bowl. Those policies are as follows: 1. FAMILY TICKET PLAN FOR DISABLED SEATING IN•THE WEST END ZONE The policy has been that in instances where a disabled person attends a game with three other persons, the disabled person and one companion is seated in the West end zone disabled section and the two other persons are seated nearby in another section. The reason has been to ensure that there are sufficient seats for all disabled persons who want to attend games. It is the intention of the University, once the new disabled seating is available, to modify that policy, as follows: A disabled person who attends a game on a family ticket with three other persons would be allowed to have all of them sit together in the disabled section of the West end zone to the extent there is sufficient room for all disabled persons who purchase tickets in that section to be seated there with at least one companion. If there are insufficient seats for all disabled persons to be seated with one companion, persons who are not MIAMI Suutheaat Filido ial Center 200 South Biwayue DijulevaN suite 45W Miami, Floods 33131•2387 (305) 368.51GO Fax (3051 376.865a NAPLES PO; ar, Nay Corporate Cealre G651 16..&wood Drive ,Sui4: GO1 Naples. Florida 33963 1513) 1.93.1055 Fax (813) 598.1M A patl0ershlp, i0eludirg prole-ulanal usaw uliu" 10 the 1,ra1Mke of law slum 19:0.e w Arx #IeAr WEST PALM BENCH Phillips Point FAst Tower 777 South Fl.ger Drive Suite 809 Webi Pala Beagh, Florida 33401 (407) 65b 5990 Fax (407) 659 6313 95- 118 Jorge A. Duarte, Esq. April 28, 1994 Page 2 disabled would be requested to move to another nearby section to the extent necessary to permit all disabled persons to be seated there with one companion. 2. TICKET PRICING POLICY FOR NEWLY CONSTRUCTED DISABLED SEATING It is the intention of the University to charge disabled persons and their companions who purchase tickets for the newly constructed disabled seating, prices that are determined in the same manner as those charged to the persons who purchased those seats in the past, including any necessary contributions to the Hurricane Club as a condition of purchasing such seats. Thus, the same ticket pricing policies would be in effect for disabled and nondisabled persons. It should be observed, however, that disabled persons will not be competing with all other customers for these seats, since they will be reserved for sale only to disabled persons and their companions until an agreed time prior to each game. In the past, it would have been unreasonable to wait to purchase many of these seats on a per game basis because they are in very desirable locations and they were generally purchased in advance on a season ticket basis. Because they will now be held for sale only to disabled persons until an agreed upon period before each game, it may be possible to wait until the season ticket subscription period ends and purchase them on a per game basis without paying for Hurricane Club membership. Additionally, a number of the seats in the proposed disabled seating areas will not require Hurricane Club contributions to be pulch:3s d even on a season t:icki;-t basis. For example, in the southeast quadrant consisting of sections 0, P, Q and R, the seats in sections 0, P and Q will not require a Hurricane Club contribution to be purchased on a season ticket basis. In the northeast quadrant, the second to be constructed, sections K and L require no Hurricane Club contributions for season ticket purchases. In the northwest quadrant, section B requires no contribution for season ticket purchases and in the southwest quadrant, section X does not require a contribution. Thus, in each quadrant, there will be a number of seats available to disabled persons on a season ticket basis without any required contributions to the Hurricane Club. Of course, ticket prices and pricing and admission policies may change from time to time but it is the University's intention to 95- 118 Jorge A. Duarte, Esq. April 28, 1994 Page 3 apply no less advantageous prices and policies to seats in the disabled section than those that apply to other comparable seating. I hope this is sufficient for your purposes so that we can attempt to achieve a final settlement of this matter. tam J . Duny j the Firm // WJD:ec WJD712ss cc: Christopher F. Kurtz, Esquire Michael F. Lanham, Esquire Paul T. Dee, Esquire Lourdes F. La Paz, Attorney -at -Law 95- 118 D R A F T "L-5" 12/5/94 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 92-2396-CIV-DAVIS CHRIS LEONE and ROBERTO PEREZ, Plaintiffs, V. The CITY OF MIAMI and the UNIVERSITY OF MIAMI, Defendants. FINAL ORDER OF DISMISSAL AS TO ALL CLAIMS THIS CAUSE having come before the Court upon the parties joint motion for approval of settlement and dismissal of the action pursuant to F.R.C.P. 41(a)(2) and the court after careful review of the record and being fully advised in the premises finds that the terms and conditions as contained in the Settlement Agreement of the parties are just and proper. Accordingly, it is hereby ORDERED AND ADJUDGED that: 1. The Settlement Agreement of the parties shall be and the same is hereby approved and incorporated by reference into this Order. 2. This Court retains jurisdiction to enforce the terms and conditions of the Settlement Agreement as well as to consider applications for costs, attorneys fees and such other further relief at law or in equity to which plaintiffs or defendants may be entitled. E,ryisii j,. b5- 118 3. Pursuant to Federal Rule of Civil Procedure, Rule 41(a)(2), This action is hereby dismissed , without prejudice. DONE AND ORDERED in chambers at Miami, Dade County, Florida this _ day of January, 1995. EDWARD B. DAVIS UNITED STATES DISTRICT JUDGE cc: U.S. Magistrate Barry Garber All Counsel of Record 95- 118 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members January 20, 1995 L-92-308 TO : of the City Commission DATE : FILE :J-95-121 Leone & Perez v. City of Miami, SUBJECT : etc., et al. - Case No. 92- 2396-Civ-Davis/Garber A. inn J nes, TTI FROM : City At ney REFERENCES: ENCLOSURES: REQUEST FOR FORMAL APPROVAL OF SETTLEMENT AGREEMENT Attached is a proposed resolution authorizing the City Manager ,to execute,e Settlement Agreement with plaintiffs, Chris Leone and Roberto Perez, said SettlementAgreement to be submitted to the Court for its approval . Plaintiffs,..C$ris Leone and Roberto Perez brought this action against the- City of Miami under the Americans with Disabilities Act of 1990, 42 U.S.C. s. 12101, et. seq., alleging that the City of Miami's policies, practices, actions and conduct as owners of the Orange Bowl discriminate against plaintiffs on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations offered therein. The City has denied plaintiffs' allegations and defenses and objections to jurisdiction, however, in of cooperation, and to avoid the costs and risks of litigation, the City and the plaintiffs have sought this dispute amicably, pursuant to the terms of the Agreement enclosed with the proposed Resolution. The Agreement may be summarized as follows: has raised the spirit protracted to resolve Settlement Settlement Prior to and during the pendency of this litigation, the City has .performed the following work in and around the Orange Bowl: 1. Made accessible the medical care facility in the west end zone; 2. Removed existing seats in rows 15, 16 and 17 in the east half of the south stands and made this area accessible to wheelchairs; 95- 118 CIO ?-I _ r Honorable Mayor Members none & Perez v. COM` of the City Commission Page -2- 3. Constructed an exterior ramp on the southeast end of the stadium and an interior ramp connecting the southeast quadrant disabled seating to the concession' area; 4. Made accessible various rest rooms in the west end zone and southeast quadrant; 5. Provided appropriate disabled signage throughout the stadium; 6. Made the stadium manager's office accessible to wheelchairs; 7. Constructed additional curb cuts in sidewalks surrounding the stadium and removed barriers; and 8. Enlarged the existing disabled parking lot near the west end zone and constructed a new disabled parking lot adjacent to the east end zone with adjacent drop- off areas. The following work will be performed prior to the start of the 1996 Hurricane Football seasion pursuant to the Settlement Agreement: A. Rows 15, 16 and 17 in Sections H, J, K and L of the east half of the north stadium will be removed and replaced with a wheelchair accessible section capable of accommodating`33 wheelchairs and 33 companions; B. An exterior ramp on the northeast end and an interior ramp connecting the new disabled seating to interior concessions will be constructed; C. Rest rooms in the northeast quadrant will be made wheelchair accessible; and D. Additional. disabled parking in the east end zone parking lot will be provided. 95- 118 5 i Honorable Mayor �d Members Leone & Perez v. COM of the City Commission Page -3- This Settlement Agreement provides that any party may claim attorney's fees and costs. The ADA allows for such claims and it is anticipated that plaintiffs will be seeking attorney's fees as the prevailing parties. The Settlement Agreement provides that the claims for fees and costs shall be submitted within ten (10) days of execution of the Agreement by all parties. Once this office receives plaintiffs' claim, it will be evaluated and this Commission will be apprised of our recommendation. M751/AJQ/IMA/bjr Attachment 95-- 118 3