EXHIBIT 1 

   

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

Guy B. Wallace (SBN 176151)

gwallace@schneiderwallace.com

Mark T. Johnson (SBN 76904)

mjohnson@schneiderwallace.com

SCHNEIDER WALLACE

COTTRELL KONECKY

WOTYKNS LLP

2000 Powell Street, Suite 1400

Emeryville, CA 94608

Tel: (415) 421-7100

Fax: (415) 421-7105

Attorneys for the Plaintiff Classes

Maria M. Lampasona (SBN 259675) lampasona@rankinlaw.com

Taylor Pohle (SBN 299794) pohle@rankinlaw.com

RANKIN, SHUEY, RANUCCI

MINTZ, LAMPASONA & REYNOLDS

2030 Franklin Street, Sixth Floor

Oakland, CA 94612-3541

Tel: (510) 433-2600

Fax: (510) 433-2699

Attorneys for Defendants

[additional counsel for the parties listed below]

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

ABDUL NEVAREZ and PRISCILLA 

NEVAREZ, on behalf of themselves and 

all others similarly situated, and

SEBASTIAN DEFRANCESCO,

Plaintiffs,

vs.

FORTY NINERS FOOTBALL 

COMPANY, LLC, a Delaware limited 

liability company, et al.,

Defendants.

Case No. 5:16-cv-07013 LHK (SVK) 

CLASS ACTION

SETTLEMENT AGREEMENT AND 

RELEASE OF CLAIMS

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

Additional Counsel:

Adam B. Wolf (SBN 215914)

awolf@pwcklegal.com 

Catherine Cabalo (SBN 248198)

ccabalo@pwcklegeal.com

PEIFFER WOLF CARR & KANE

4 Embarcadero Center, 14th Floor

San Francisco, CA 94104

Tel: (415) 766-3592

Fax: (415) 402-0058

Linda M. Dardarian (SBN 131001)

ldardarian@gbdhlegal.com

Andrew P. Lee (SBN 245903)

alee@gbdhlegal.com

Katharine L. Fisher (SBN 305413)

kfisher@gbdhlegal.com

GOLDSTEIN, BORGEN, DARDARIAN & HO

300 Lakeside Drive, Suite 1000

Oakland, CA 94612

Tel: (510) 763-9800

Fax: (415) 421-7105

Attorneys for Plaintiffs and the Plaintiff Classes

Dion Cominos (SBN 136522) dcominos@grsm.com

Brian P. Maschler (SBN 111824) bmaschler@grsm.com

GORDON REES SCULLY MANSUKHANI, LLP

275 Battery Street, 20th Floor

San Francisco, CA 94111

Tel: (415) 986-5900

Fax: (415) 986-8054

Attorneys for Defendants

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

RECITALS

1. This Court-Enforceable Settlement Agreement and Release of Claims 

(“Agreement”) is made and entered into by and among Plaintiffs Abdul Nevarez,

Priscilla Nevarez, on behalf of themselves and all others similarly situated, and 

Sebastian DeFrancesco (collectively “Plaintiffs” or “Named Plaintiffs”) and Defendants 

Forty Niners Football Company LLC, Forty Niners SC Stadium Company LLC, Forty 

Niners Stadium Management Company LLC (collectively, the “Forty Niners 

Defendants”), the City of Santa Clara and the Santa Clara Stadium Authority

(collectively, the “Santa Clara Defendants”). The Forty Niners Defendants and the 

Santa Clara Stadium Authority are collectively referred to herein as “Stadium 

Defendants.” The Forty Niners Defendants and the Santa Clara Defendants are 

collectively referred to herein as “Defendants.”

2. On December 7, 2016, Named Plaintiffs Abdul Nevarez and Priscilla 

Nevarez commenced an action in the United States District Court for the Northern District 

of California, San Jose Division, Case No. 5:16-cv-07013-LHK (SVK) (the “Lawsuit” or 

“Action”), against Defendants, alleging inter alia, discrimination in violation of Title II of 

the Americans with Disabilities Act (“ADA”), Title III of the ADA, and the Unruh Civil 

Rights Act, California Civil Code § 51, et seq. Named Plaintiff Sebastian DeFrancesco 

joined the case upon the filing of Plaintiffs’ Second Amended Complaint on April 13, 

2017. Plaintiffs filed their Fourth Amended Complaint on July 27, 2018. Plaintiffs sought 

declaratory and injunctive relief and damages under the foregoing statutes. Defendants 

filed their Answer on September 6, 2018, denying Plaintiffs’ substantive claims and 

allegations and asserting various affirmative defenses.

3. On July 12, 2018, the Court in the Lawsuit, the Honorable Lucy H. Koh, 

presiding, issued an Order Granting in Part and Denying in Part Plaintiffs’ Motion for 

Class Certification. In this Order, the Court certified the following Plaintiff classes:

Injunctive Relief Class: 1. All persons with mobility disabilities who use wheelchairs, 

scooters, or other mobility aids who will attempt to purchase accessible seating for a 

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

public event at Levi’s Stadium and who will be denied equal access to the Stadium’s 

facilities, services, accessible seating, parking, amenities, and privileges, including 

ticketing, during the three years prior to the filing of the Complaint herein through the 

conclusion of this action.

Companion Injunctive Relief Class: 2. All persons who are companions of persons 

with mobility disabilities who use wheelchairs, scooters or other mobility aids and who 

have used or will use companion seating for public events located at Levi’s Stadium 

during the three years prior to the filing of the Complaint herein through the conclusion 

of this action.

Damages Class: 3. All persons with mobility disabilities who use wheelchairs, 

scooters or other mobility aids who have purchased, attempted to purchase, or for 

whom third parties purchased accessible seating and who have been denied equal 

access to Levi’s Stadium’s facilities, services, accessible seating, parking, amenities, 

and privileges at an event controlled by the Forty Niners Football Company, LLC, 

Forty Niners SC Stadium Company, LLC, or Forty Niners Stadium Management 

Company, LLC, during the two years prior to the filing of the Complaint herein 

through the conclusion of this action.

4. The Lawsuit has been vigorously prosecuted and defended. Trial in this 

matter was scheduled to begin on April 22, 2019. By Order dated February 5, 2019, the 

Court vacated that trial date, and ordered that the trial would proceed in phases. On April

4, 2019, the Court set a new trial date for Phase I of the case to begin on November 18, 

2019.

5. Defendants deny any and all liability to the Named Plaintiffs and to the 

Classes, and deny that they have violated any laws, including without limitation, the ADA 

and the Unruh Civil Rights Act, pertaining to access for persons with mobility disabilities

and their companions.

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

DEFINITIONS

A. Access or Accessible

“Access” or “accessible,” unless otherwise indicated, mean and refer to facilities 

and elements that comply with the standards set forth in the 2010 ADA Standards for 

Accessible Design (hereafter “2010 ADA Standards” or “2010 ADAS”) or Title 24 of 

the 2019 California Building Code (hereafter “Title 24” or “the CBC”) whichever 

provides greater access for persons with Mobility Disabilities. Unless otherwise 

indicated, equitable relief measures undertaken pursuant to Section III of this 

Agreement shall be performed in compliance with the 2010 ADA Standards or the 2019

CBC whichever provides greater access for persons with Mobility Disabilities.

B. Class Counsel

“Class Counsel” means and refers to Schneider Wallace Cottrell Konecky

Wotkyns LLP, Peiffer Wolf Carr & Kane, and/or Goldstein, Borgen, Dardarian & Ho, 

including the attorneys therein.

C. Class Representatives

“Class Representatives” means and refers to Plaintiffs Abdul Nevarez and 

Sebastian DeFrancesco for the Injunctive Relief Class, Plaintiff Priscilla Nevarez for the 

Companion Injunctive Relief Class, and Plaintiff Abdul Nevarez for the Damages Class.

D. Compliance Period

“Compliance Period” means and refers to the period during which all obligations 

under this Agreement must be completed, subject to the schedule set forth herein, which

period shall extend three (3) years from the Effective Date of this Agreement. The 

Parties agree that the Agreement shall become effective upon Final Approval by the 

District Court. The Parties further agree that following the Compliance Period there 

shall be a six (6)-month Post-Compliance Review Period, during which the Parties may 

conduct a final review, confirmation and reporting and/or motion to the Court about the 

completion of the obligations under this Agreement.

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

E. Conditions, or Non-Compliant Conditions

“Conditions” and “Non-Compliant Conditions” mean those physical conditions of 

facilities and elements that Plaintiffs assert are not compliant with applicable 2010 ADA 

Standards, the 1991 Americans with Disabilities Act Accessibility Guidelines 

(“ADAAG”), or the 2016 California Building Code, whichever provides greater

access for persons with Mobility Disabilities, and includes all of the conditions set forth 

in Exhibit A.

F. Effective Date

“Effective Date” means and refers to the date upon which the District Court 

grants Final Approval of the Agreement.

G. Final Approval

“Final Approval” means and refers to the Order by the District Court, after notice 

and the holding of a fairness hearing, granting final approval of this Agreement.

H. Mobility Disability

“Mobility Disability” or “Mobility Disabilities” means and refers to any 

impairment or medical condition that limits a person’s ability to stand, walk, ambulate, 

maneuver around objects, or to ascend or descend steps or slopes. As noted in Section 

I.3, above, the Plaintiff Classes in the Lawsuit include persons with mobility disabilities 

who use wheelchairs, scooters or other mobility aids.

I. New Construction and Alterations 

“Alterations” means and refers to any alterations performed by or on behalf of 

Defendants after the January 26, 1992 effective date of Title II of the ADA, and “New 

Construction” means and refers to any new construction performed by or on behalf of 

Defendants after January 26, 1993, as set forth in 28 C.F.R. §§ 35.151, 36.401, and 

36.402.

J. Notice

“Notice,” with the exception of notice to the Classes of the proposed settlement of 

this matter, shall mean a written notification to the attorneys for the Defendants, and/or 

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

to the attorneys for the Classes, or those attorneys’ designees. Unless otherwise stated 

herein or in the Federal Rules of Civil Procedure or Local Rules of the United States 

District Court for the Northern District of California, notice shall be provided within a 

reasonable period of time.

K. Parties

“Parties” or “Party” means and refers to Plaintiffs, members of the Plaintiff 

Classes, and Defendants, or any of them.

L. Path of Travel

“Path of Travel” shall mean and refer to a continuous unobstructed way of 

pedestrian passage by means of which a newly constructed or altered area may be 

approached, entered and exited, and which connects the newly constructed or altered 

area with an exterior approach (including sidewalks, streets and parking areas), an 

entrance to the Stadium, and/or other parts of the Stadium.

M. Pedestrian Right(s) of Way

“Pedestrian Right(s) of Way” means or refers to any public outdoor pedestrian 

right of way, sidewalk, crosswalk, curb, curb ramp, walkway, walk, pedestrian 

undercrossing or overcrossing, or other pedestrian pathway serving Levi’s Stadium.

N. Physical Access Barrier 

“Physical access barrier” means and refers to conditions that are not compliant 

with the 2010 ADA Standards, the 1991 Americans with Disabilities Act Accessibility 

Guidelines (“ADAAG”) or the 2016 California Building Code. 

O. Plaintiff Class or Plaintiff Classes

“Plaintiff Class” means and refers to all persons who will fall within the definitions

of Injunctive Relief Classes and/or Damages Class defined in Section I.3, above.

P. Post-Compliance Review Period

“Post-Compliance Review Period” means and refers to that six (6)-month period 

following the Compliance Period during which the Parties shall conduct a final review, 

confirmation and reporting or motions to the District Court about the completion of the 

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

obligations set forth in this Agreement. The District Court shall retain jurisdiction over 

this Agreement until the Post-Compliance Review Period has been completed and any 

disputes are finally resolved, whichever is later.

Q. Program Access or Programmatic Access 

“Program Access” or “Programmatic Access” means and refers to applicable 

federal and California law, including Title II of the ADA, 28 C.F.R. § 35.150, and 

California Health & Safety Code § 11135, mandating that a public entity such as the 

City of Santa Clara or the Santa Clara Stadium Authority operate each service, program 

or activity so that the service, program or activity, when viewed in its entirety, is readily 

accessible to and usable by persons with Mobility Disabilities.

R. Settlement Agreement

“Settlement Agreement” and “Agreement” mean and refer to this document and 

the attachments and exhibits thereto.

S. Temporary Route(s) 

“Temporary Routes” means and refers to pedestrian walks or routes provided 

around or through areas in which work is being performed on the Pedestrian Right(s) of 

Way resulting in the obstruction of those rights of way or portions thereof on any day 

that a public event is held at Levi’s Stadium, or otherwise for any period of time greater 

than two (2) days.

III. EQUITABLE RELIEF

Upon entry of Final Approval by the District Court, the Forty Niners Defendants

and the Santa Clara Defendants shall perform the equitable relief measures with respect 

to the remediation of alleged physical Conditions (“Access Work”) and adopt and 

implement the policy initiatives described herein and identified in Exhibits A through J 

to this Agreement. The remedial measures, and the schedules and timetables for 

completion of these items, are set forth herein and in Exhibits A-J.

In the Agreement, various equitable measures and responsibility for performing

them are allocated as between the Forty Niners Defendants and the Santa Clara 

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

Defendants, respectively. Such allocations or designations in the Agreement shall not 

prejudice Plaintiffs’ position that, in the event of a breach of the Agreement, they may 

seek relief from any and all Defendants. Defendants, in turn, reserve all rights and 

defenses with respect to such claims. 

The Access Work that Defendants will complete under this Agreement is 

identified herein and in Exhibits A-J, and includes but is not limited to the following:

A. Access Work

1. Levi’s Stadium

The Stadium Defendants shall make the following facilities and elements in 

Levi’s Stadium fully compliant with the 2010 ADAS and the 2019 CBC, whichever 

provides greater access for persons with Mobility Disabilities. By no later than the end 

of the Compliance Period, subject to the schedule indicated below, the Stadium 

Defendants shall remediate the following Conditions:

a. Paths of Travel to Entrances to Levi’s Stadium. The Stadium 

Defendants shall remediate the Conditions identified in Exhibit A pursuant to the 

remedial measures set forth therein. Defendants shall complete this Access Work by no 

later than nine (9) months after the Effective Date or nine (9) months after February 15, 

2020, whichever is later.

b. Entrances to Levi’s Stadium. The Stadium Defendants shall remediate 

the Conditions identified in Exhibit A pursuant to the remedial measures set forth 

therein. With respect to the entrance plaza, the Stadium Defendants shall provide at least 

one Accessible Path of Travel that is no less than eight feet in width, which shall connect 

the entrances at Gate A to the entry gates to the team store entrances, to the entry door to 

the elevator at SAP tower at Plaza A, to the gates leading to the entry plaza to SAP tower, 

to the directional and informational signage at Plaza A, to the “catch” statues of Joe 

Montana and Dwight Clark, to the gates and path of travel connecting Plaza A with the 

49ers Museum, to the entry door to the elevator adjacent the Museum, to the Box Office 

and to all Box Office windows required to be Accessible, and to Bourbon Steak, Bourbon 

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

Pub and Tailgate restaurants. In addition, there shall be an Accessible Path of Travel

leading from the Main Lot to Gate A, and the designated Accessible entrance gates shall 

be at least 48 inches in width. There shall be an Accessible Path of Travel no less than 

eight feet in width from the accessible parking spaces in the Main Lot to each of the 

Accessible gates at the Canopies being used for events, and that connects those Canopies 

and their Accessible gates to Gate A and Gate C. All such Accessible Paths of Travel

shall be prominently signed and marked (including but not limited to use of overhead 

signage) so that they may be located by persons with Mobility Disabilities. All 

Accessible Paths of Travel shall use paint or other markings that identify the Accessible 

Path of Travel. Specifications showing the work to be performed are attached to this 

Agreement as Exhibit B. To the maximum extent feasible, the Accessible Paths of Travel 

shall not require remedial work in areas in the Stadium Plaza that include heritage bricks 

as of August 1, 2019. Defendants shall complete this Access Work by no later than nine 

(9) months after the Effective Date or nine (9) months after February 15, 2020, whichever 

is later.

c. Stadium Box Office. The Stadium Defendants shall remediate the

Conditions identified in Exhibit A with respect to the Stadium’s Box Office, ticketing 

windows and exterior approaches thereto, pursuant to the specifications set forth in 

Exhibit C. The Stadium Defendants shall provide signage indicating which window(s) 

will be designated as Accessible. Any such designated Accessible window(s) shall 

provide all services that are offered to the public, including but not limited to, VIP 

tickets, same-day ticket purchases or exchanges, and Will Call. Stadium Defendants 

shall remove the foot bar at the designated Accessible ticket windows so that persons 

with Mobility Disabilities will be able to make a forward approach to the Accessible 

ticket windows. The Stadium Defendants shall complete this access work by no later 

than nine (9) months after the Effective Date or nine (9) months after February 15, 

2020, whichever is later.

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

d. Signage. The Stadium Defendants shall provide Accessible

directional signage throughout the Stadium. In lieu of relocating elevators or providing 

new elevators within a particular distance of the Stadium entrances and Paths of Travel, 

Stadium Defendants shall provide Accessible signage identifying the location of each 

elevator on the intended Accessible Path of Travel. Such signage shall include airportstyle overhead signs and signs at all decision points along the Path of Travel, including, 

but not limited to the entry point for stairs and escalators leading to Accessible seating 

and other facilities and amenities intended for the use of Stadium guests. All doors 

leading to elevators shall also be clearly signed to indicate the existence of elevators 

beyond the doors. The International Symbol of Accessibility complying with 2010 

ADA Standards Section 703.7.2.1 shall be displayed as part of all such signage. The 

Stadium Defendants shall complete this signage work by no later than nine (9) months 

after the Effective Date or nine (9) months after February 15, 2020, whichever is later. 

No fewer than thirty (30) days prior to implementation of any signage plan designed to 

comply with the above provisions, the Stadium Defendants shall provide Class Counsel 

with a copy of the plan showing the location of each sign relative to the elevators and 

the size and content of the signs and, on Plaintiffs’ request, shall meet and confer with 

Class Counsel regarding the signage plan.

e. Interior Circulation. The Stadium Defendants shall remediate the 

Conditions identified in Exhibit A. The Stadium Defendants shall remediate all NonCompliant Conditions in ramps such that the maximum running slope at any location 

within the ramp does not exceed 9.0 percent, and the maximum cross slope at any 

location within the ramp does not exceed 3.0 percent. There shall be an interior 

Accessible path of travel from Gate A and Gate C to Gate F. Specifications showing the 

Access Work to be performed are attached to this Agreement as Exhibit D. The 

Stadium Defendants shall complete this Access Work by no later than nine (9) months

after the Effective Date or nine (9) months after February 15, 2020, whichever is later.

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

f. Seating. The Stadium Defendants shall remediate all non-Compliant 

Conditions in the designated Accessible seating areas and the aisles adjacent thereto at 

all locations throughout the Stadium, including but not limited to those Conditions 

identified in Exhibit A, in accordance with the specifications shown in Exhibit E. The 

maximum slope at any location in the Accessible seating areas and the aisles adjacent 

thereto shall not exceed 1:48 (2.1%). The Stadium Defendants shall modify, adjust or 

replace area drains and area drain covers as required to ensure that the maximum slope 

at any location at the drain does not exceed 3.0 percent. The total number of accessible 

seats and companion seats in the Stadium will meet the requirements of the 2010 ADAS. 

Companion seats shall provide armrests and cupholders such that they are equivalent to 

seating provided to nondisabled persons in the Stadium. The Stadium Defendants shall 

complete this Access Work by no later than fifteen (15) months after the Effective Date

or fifteen (15) months after February 15, 2021, whichever is later.

g. Drink rails. The Stadium Defendants shall remediate the Conditions 

identified in Exhibit A with respect to the Stadium’s drink rails. Specifications showing 

the Access Work to be performed are attached to this Agreement as Exhibit F. The 

Stadium Defendants shall complete remediation of half (50%) of the drink rails by no 

later than fifteen months after the Effective Date or February 15, 2021, whichever is 

later. The Stadium Defendants shall complete remediation of all Access Work 

regarding the drink rails by no later than fifteen (15) months after February 15, 2021.

h. Counters and Bars. The Stadium Defendants shall remediate the

Conditions identified in Exhibit A with respect to the Stadium’s counters and bars. 

Counters and bars shall provide a lowered section Accessible to persons with Mobility 

Disabilities that complies with 2010 ADA Standards Sections 226.2 and 902 and/or the 

2019 CBC within the Counter and Bar areas such that the lowered Accessible sections 

provide access in the most integrated location. Such Accessible sections of Counters 

and Bars shall be provided in the United Club, BNY Mellon Club East and West, the 

NRG Solar Terrace, the Yahoo Club, the 501 Club and at all other counters and bars 

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SETTLEMENT AGREEMENT – Nevarez, et al. v. 49ers, et al., CASE NO. 5:16-CV-07013 LHK (SVK)

located in the Stadium. The specifications showing the Access Work to be performed 

on particular Counters and Bars shall be provided to Class Counsel at least forty-five

(45) days before such work is commenced. Such specifications shall be consistent with 

the Access Work and the location of the lowered section(s) shown in Exhibit G. The 

Stadium Defendants shall complete this Access work by no later than fifteen (15) 

months after the Effective Date or fifteen (15) months after February 15, 2020, 

whichever is later.

i. Restrooms. The Stadium Defendants shall remediate the Conditions

identified in Exhibit A with respect to the Stadium’s public restrooms pursuant to the 

remedial measures set forth therein. The door hardware/occupied signage for all 

wheelchair accessible stalls and ambulatory stalls in all of the Stadium’s public 

restrooms shall be removed or replaced so that the door and any replacement hardware 

can be operated with a single hand without tight grasping, pinching or twisting of the 

wrist. All wheelchair accessible stalls shall be identified by overhead ISA signage so 

that users can easily identify where the stalls are located upon entering a restroom. 

Video displays in restroom mirrors in the Stadium shall be removed, modified or shut 

off as necessary to ensure that persons with Mobility Disabilities have full access to 

reflective mirrors above the sinks in the restrooms in compliance with 2010 ADAS 

Section 603.3 Mirrors (“Mirrors located above lavatories or countertops shall be 

installed with the bottom edge of the reflecting surface 40 inches (1015 mm) maximum 

above the finish floor or ground. Mirrors not located above lavatories or countertops 

shall be installed with the bottom edge of the reflecting surface 35 inches (890 mm) 

maximum above the finish floor or ground.”). The Stadium Defendants shall complete 

this Access Work by no later than twelve (12) months after the Effective Date or twelve 

(12) months after February 15, 2020, whichever is later.

j. Drinking Fountains. The Stadium Defendants shall remediate the

Conditions in drinking fountains identified in Exhibit A pursuant to the remedial 

measures set forth therein. The Stadium Defendants shall complete this Access Work 

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by no later than twelve (12) months after the Effective Date or twelve (12) months after 

February 15, 2020, whichever is later.

k. Concessions. The Stadium Defendants shall remediate all identified

Conditions in concessions they own or operate at the locations identified in Exhibit A 

no later than twelve (12) months after the Effective Date or twelve (12) months after 

February 15, 2020, whichever is later. With respect to concessions in the Stadium not 

owned or operated by the Forty Niners Defendants, the Stadium Defendants shall ensure 

that the owners/operators of those concessions complete the remedial measures 

identified in Exhibit A within the same time frame specified in this subsection.

l. Stadium Suites and Boxes. The Stadium Defendants shall remediate 

the Conditions identified in Exhibit A with respect to the Stadium’s suites and boxes.

Any Suite that contains a closet or other enclosed area with a clothes rod or shelf where 

suite users can hang clothing or store other personal items shall also provide a similar 

clothes rod or shelf that is within the maximum height specified by 2010 ADAS Section 

308.1. All Non-Compliant dining surfaces or tables in the suites shall be replaced with 

an Accessible table or with one high inaccessible table and one Accessible table. At least 

one wheelchair accessible seating area of a minimum width of 36 inches with a line of 

sight of the field must be provided for each suite. If a removable seat is placed in that 

location it must be accompanied by a sign indicating that it can be removed to provide 

wheelchair Accessible seating. The sign indicating seat removability shall also provide a 

telephone or text number by which assistance in removing the seats can be obtained. The 

Stadium Defendants shall implement a policy and procedure and provide training to staff 

to ensure that such seats are removed within fifteen minutes following their receipt of 

such a request. There shall also be signage informing nondisabled patrons not to stand up 

during events in such a way that obstructs the line of sight for persons with Mobility 

Disabilities. The Stadium Defendants shall also provide an Accessible dining surface or 

table for use at the wheelchair Accessible seating area. The Stadium Defendants shall 

complete this Access Work in half of the Stadium suites by

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no later than eighteen (18) months after the Effective Date, and the remaining half of the 

Stadium Suites by thirty (30) months after the Effective Date.

m. Shops. The Stadium Defendants shall ensure that the owners and 

operators of the Stadium shops remediate the Conditions identified in Exhibit A

pursuant to the remedial measures set forth therein no later than eighteen (18) months of 

the Effective Date or four (4) months after February 15, 2021, whichever is later.

n. Handrails Extensions. The Stadium Defendants shall provide 

handrail extensions that extend horizontally the full length in the direction of travel, as 

required by 2010 ADAS Section 505.10 and/or the 2019 CBC, for all handrails at stairs 

and ramp runs throughout the Stadium. In the event that extensions of certain handrails 

would pose a safety issue (e.g., a handrail protruding into an assembly area) to attendees 

of events at the Stadium, the Stadium Defendants shall notify Class Counsel, and the 

Parties shall meet and confer concerning potential alternatives, if any. Prior to replacing 

or modifying existing handrail extensions or providing new handrail extensions to 

implement this provision, the Stadium Defendants shall provide Class Counsel with 

plans identifying and illustrating the proposed handrail alterations required to provide 

compliant extensions at all such stairs and ramps in the Stadium. The plans shall 

indicate specific locations and provide alteration details for each type of handrail 

provided at stairs and ramps. With respect to handrails located inside restaurants in the 

Stadium that are not owned or operated by the Forty Niners Defendants, the Stadium

Defendants shall ensure that the Conditions identified in Exhibit A are remediated

within the time period specified in this subsection. This Access Work shall be 

completed within six (6) months of the Effective Date or six (6) months after February 

15, 2020, whichever is later.

o. Dignity Health First Aid (Level 300/Main Concourse). Within six 

(6) months of the Effective Date or six (6) months of February 15, 2020, whichever is 

later, the Stadium Defendants shall remediate the Conditions identified in Exhibit A 

with respect to the Stadium’s Dignity Health First Aid Room on Level 300 (Main 

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Concourse). The Stadium Defendants shall remove all obstructions from door 

maneuvering clearances and create policies and procedures and implement employee 

training regarding the importance of maintaining Accessible routes and compliant clear 

spaces. Beds will be repositioned and/or removed to provide the required 36" minimum 

wide clear space the full length of each bed. Beds in non-emergency settings may 

provide the clear floor space on only one side of the beds. At the trauma or emergency 

beds, a 36" minimum wide clear space the full length of the bed on both sides will be 

provided. Level clear floor spaces at the lavatory and water closet will be created. 

Toilet paper dispensers will be moved or replaced so that the centerlines of all 

dispensers are between 7" to 9" in front of the water closet. Toilet paper dispensers 

shall be either a single roll at an Accessible height or side by side rolls mounted at an 

Accessible location.

p. Breastfeeding Stations. Within one year of the Effective Date or by 

February 15, 2021, whichever is later, the Stadium Defendants shall remediate the

Conditions identified in Exhibit A with respect to breastfeeding stations throughout the 

Stadium. All breastfeeding stations will be equipped with a privacy lock that can be 

operated with one hand and does not require tight grasping, pinching, or twisting of the 

wrist; provide a stable, unmovable floor surface; provide a bevel not steeper than 1:2 at 

changes in level between 1/4” and 1/2” maximum; and provide at least 30” x 48” clear 

floor space within the station, a maneuvering clearance at the push side of the door of 

48” deep x the width of the door if both a latch and closer are not provided or, if both a 

latch and closer are provided, extending a minimum from the hinge jamb to a point not 

less than 12” beyond the latch jamb, and a 60” turning circle or ‘T’ shaped turning 

space.

q. NRG Solar Terrace. The Stadium Defendants shall provide 

Accessible seating and companion seating at NRG Solar Terrace bars and counters

including any that overlook the field. The Stadium Defendants shall remediate the 

pavers in the Solar Terrace such that they are stable and level and are in full

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compliance with ADAS Sections 302 and 303 and/or the 2019 CBC. Defendants shall 

complete this Access Work within six (6) months of the Effective Date or six (6) 

months after February 15, 2020, whichever is later.

r. Auditorium. The Stadium Defendants shall provide an Accessible 

means of gaining access to the stage. The Stadium Defendants shall also provide 

Accessible seating areas and companion seating in the Auditorium. If the Stadium 

Defendants locate such seating in the back of the Auditorium, the Stadium Defendants 

shall also provide seating for nondisabled persons in the same row of seating. The 

Stadium Defendants shall complete this Access Work within six (6) months of the 

Effective Date or six (6) months after February 15, 2020, whichever is later.

s. Stairs. The Stadium Defendants shall remediate the stairs at Gate A

and Gate C, within the United Club and the interior stairs at the Toyota Gate F, and 

throughout the outdoor seating areas within the Stadium to ensure that the nosings of the 

stair treads comply with ADAS Section 504.5. The Stadium Defendants shall remediate 

the stairs at those locations such that the slope of the riser does not exceed 1:48 (2.1%). 

The Stadium Defendants shall complete this Access Work within twenty-four (24) 

months of the Effective Date or nine (9) months after February 15, 2022, whichever is 

later.

t. Equivalent Access. With respect to Exhibits A-J, the Stadium 

Defendants may utilize alternative plans or specifications that provide equivalent access

within the meaning of applicable law to persons with Mobility Disabilities. Defendants 

shall provide any alternative plans or specifications to Class Counsel for their review 

and approval before such plans may be effectuated, with such approval not to be 

unreasonably withheld.

2. Levi’s Stadium Restaurants

The Stadium Defendants shall ensure that the owners and operators of the 

restaurants at the Stadium remediate the restaurant Conditions identified in Exhibit A. 

All Stadium restaurants shall provide Accessible seating for persons with Mobility 

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Disabilities for the consumption of food or drink at any and all types of dining surfaces, 

tables, counters and bars in the Stadium restaurants. At least five percent (5%) of the 

seating and standing spaces at any and all types of dining surfaces, tables, counters and 

bars in the Stadium’s restaurants and dining facilities shall be Accessible to persons 

with Mobility Disabilities. The Stadium Defendants shall instruct the owners and 

operators of the restaurants at the Stadium that the lift in the Bourbon Pub is not to be 

used for any purpose other than to facilitate access to persons with Mobility Disabilities, 

and shall ensure that Bourbon Pub personnel are trained on the appropriate use and 

purpose of the lift. Signs shall be posted near the lift indicating its proper and limited 

purpose. The Stadium Defendants shall provide an exterior Accessible Path of Travel 

leading to and connecting the primary entrances to the Bourbon Pub, Bourbon Steak and 

Tailgate restaurants. This Accessible Path of Travel shall include the area immediately 

adjacent to the front exterior of the Bourbon Pub, Bourbon Steak and Tailgate 

restaurants. This Accessible Path of Travel shall be kept clear for use by persons with 

Mobility Disabilities and shall not be used for exterior tables or furniture or be 

otherwise obstructed. At the entrance to Bourbon Steak, the Stadium Defendants shall 

provide Accessible maneuvering space at the left door leaf (viewed from the push side) 

of at least 48 inches measured perpendicular to the door in the closed position. The 

Stadium Defendants also shall clear an Accessible Path of Travel next to the kitchen in 

Bourbon Steak leading to the elevator, and shall post signage indicating the path must 

be kept clear during all business hours to ensure that unimpeded access to the elevator is 

provided persons with Mobility Disabilities. During business hours, the elevator shall 

be primarily for passenger use. When persons with Mobility Disabilities are using the 

elevator during business hours, the elevator shall not be used for any other purpose. 

This Access Work shall be completed by not later than fifteen (15) months after the 

Effective Date or nine (9) months after February 15, 2021, whichever is later.

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3. Parking Lots

a. By no later than six (6) months after the Effective Date or six (6) 

months after February 15, 2020, whichever is later, except for smaller events defined

herein below, Defendants shall provide a minimum of two-hundred-eighty-two (282) 

designated Accessible parking spaces in the Main Lot, also known as Red Lot 1, 

Premium Red Lot 1 and Green Lot 1, for use by persons with Mobility Disabilities. Of 

those, 47 shall be designated van Accessible parking spaces. Accessible spaces shall be 

located closer to the Accessible entrances to the Stadium than any standard parking 

spaces and shall be compliant in all respects with 2010 ADAS Section 502 and 2019

CBC Section 11B-502, whichever provides greater access to persons with Mobility 

Disabilities. An Accessible Path of Travel shall be provided from each Accessible 

parking space and van Accessible space to the nearest Accessible Entrance to the 

Stadium. Defendants shall ensure the Accessible Path of Travel from the Accessible 

parking spaces and van Accessible spaces does not require persons with Mobility 

Disabilities to travel behind parked cars. A map of the Main Lot displaying the required 

Accessible parking spaces shall be incorporated into this Agreement as Exhibit J. For 

smaller events, i.e., those events to be attended by fewer than 15,000 visitors, 

Defendants may provide a lower number of Accessible parking spaces in the Main Lot. 

Defendants shall provide a minimum of 100 Accessible parking spaces in the Main Lot

for all events regardless of the number of visitors or attendees. For events attended by 

more than 15,000 persons, Defendants shall provide a minimum of 282 Accessible 

parking spaces in the Main Lot.

b. On days when public events are held at Levi’s Stadium, the 

designated Accessible spaces and van Accessible spaces shall not be used for any 

purpose other than to provide parking for persons with disabilities. Defendants shall 

establish written rules and procedures to enforce these requirements, and shall 

communicate these rules and requirements to responsible employees and contractors. 

Upon furnishing a disabled parking placard, a person with a disability will be allowed

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to park in the Main Lot, provided that all of the Accessible spaces have not already been 

taken by other persons with disabilities on that event day. Patrons utilizing the Main 

Lot can access the lot by purchasing in advance a parking pass for any lot and 

furnishing it, with their disabled parking placard, upon entrance to the Main Lot. 

Patrons may also pay for parking onsite in the Main Lot on the day of the event, and the 

fee charged on the date of the event shall be no greater than the cost of parking in the 

least expensive off-site lot utilized or made available by the Forty Niners for Stadium 

parking. Signage indicating the availability of ADA parking or Accessible parking shall 

be posted at the entrance(s) to the Main Lot and personnel staffing the Main Lot shall be 

trained and required by written procedures to direct persons requesting Accessible 

parking to the Accessible parking spaces. To the extent that Caltrans-approved traffic 

control signage is utilized, it shall include signs identifying the direction to accessible 

parking in the Main Lot.

c. Defendants may, but are not required to, provide additional 

Accessible parking in off-site lots in which parking for Levi’s Stadium is provided.

Defendants make no representations that any satellite parking lots, including without

limitation those parking lots owned or controlled by persons or entities other than 

Defendants, will continue to serve as part of the Stadium’s parking facilities. 

Defendants reserve the right to discontinue the use of such satellite parking lots for 

events at the Stadium, including without limitation, those owned or controlled by 

persons or entities other than Defendants, during the Compliance Period and thereafter 

and agree to provide reasonable Notice to the Parties in the event that the use of satellite 

parking for events at the Stadium is discontinued. To the extent that such parking is 

provided, however, it shall comply with 2010 ADAS Section 502 and 2019 CBC 

Section 11B-502, whichever provides greater access to persons with Mobility 

Disabilities. In those lots where no Accessible parking has been designated for Levi’s 

Stadium events, signs shall be posted at the entrances to those lots indicating that they 

have no Accessible parking and directing individuals who require Accessible parking

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to use the Main Lot. In addition, maps showing the location of the Main Lot shall be 

provided to persons arriving at those lots seeking Accessible parking. Any website or 

other electronic means by which Defendants convey information about parking at Levi’s 

Stadium or directions to the Stadium, including the Levi’s Stadium App or any mobile 

application developed by or for any of the Defendants, shall clearly identify the location 

of Accessible parking, the fact that persons with Mobility Disabilities or their 

companions who furnish disabled parking placards may park in the Main Lot at the 

same price as the lowest price for any off-site lot made available by the 49ers, the fact 

that tailgating is permitted in the Main Lot, and the fact that the other lots are not 

designated for Accessible parking. Mobility Services shall also provide such 

information to persons with Mobility Disabilities through a standard telephone script 

and/or electronic mail.

4. Pedestrian Rights of Way from the Parking Lots to the Stadium

a. By no later than two years of the Effective Date, the Santa Clara

Defendants shall remediate the Conditions identified in Exhibit H pursuant to the 

remedial measures set forth therein.

b. By no later than six months before the end of the Compliance Period, 

the Santa Clara Defendants shall remediate all Conditions identified on Exhibit I

pursuant to the remedial measures set forth therein.

c. The City of Santa Clara’s ADA Transition Plan shall incorporate the 

remedial measures to Pedestrian Rights of Way set forth in sub-Sections a. and b.

herein. The Santa Clara Defendants’ obligations to remediate the Pedestrian Rights of 

Way pursuant to this Agreement is not dependent on the ADA Transition Plan in any 

way and constitutes an independent obligation arising from this Agreement.

B. Maintenance of Accessibility Features

Defendants shall maintain in fully operational condition all new and existing Access 

features provided for persons with Mobility Disabilities identified in Exhibits A-J. These 

steps shall include, but are not limited to, the following:

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1. Maintaining exterior designated Paths of Travel and repair damaged 

elements thereof that become greater than 1⁄2 inch due to wear or cracking, and make other 

repairs to keep those Paths of Travel from becoming hazardous. Defendants shall inspect 

all facilities and elements in the Pedestrian Rights of Way for such Conditions every six

months and shall remove any such Conditions noted or reported within 10 business days 

of their discovery, if not sooner.

2. Maintaining designated Accessible parking spaces in the Main Lot and 

any other lots designated in Exhibit A to have all appropriate signage and to keep access 

aisles to the spaces and to the main entrances they serve clear and usable. Defendants 

shall change the signs in the Main Lot so that the default if the sign hardware malfunctions 

is to show the parking as Accessible. Defendants shall inspect all facilities for such 

Conditions every six (6) months and shall remove any such Conditions noted or reported 

within seven (7) days of their discovery, if not sooner.

3. The Stadium Defendants shall maintain and replace as required all 

building signage that would direct persons with Mobility Disabilities to the Accessible 

Paths of Travel. The Stadium Defendants shall inspect all facilities for such Conditions 

every four (4) months and shall remove any such conditions noted or reported within ten 

(10) business days of their discovery, if not sooner.

4. The Stadium Defendants shall maintain all Accessible entrances and 

doors in a fully operational condition and unlocked during normal hours of operation of 

the facility and during all public functions whenever the primary entrance to the facility is 

in use. The Stadium Defendants shall also maintain all Access features such as Accessible 

restrooms, elevators and platform lifts so that they are fully operational during normal 

hours of operation of the facility.

5. The Stadium Defendants shall maintain all Accessible plumbing 

fixtures, including toilets, urinals, lavatories, sinks, faucets, showers, and drinking 

fountains, to be fully operational and in compliance with the 2010 ADA Standards and the 

2019 CBC. The Stadium Defendants shall inspect all facilities in this regard every three

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(3) months and shall repair any such non-operating Conditions within ten (10) business 

days of being reported or discovery, if not sooner.

6. The Stadium Defendants shall maintain all toilet accessories to be fully 

operational and in compliance with the 2010 ADA Standards and the 2019 CBC. The 

Stadium Defendants shall maintain all grab bars to be tight and structurally sound. The 

Stadium Defendants shall inspect all such features on a monthly basis and repair any NonCompliant Conditions within seven (7) days of the discovery or reporting of any problem, 

or within two (2) days before a public event at the Stadium, whichever is sooner.

7. The Stadium Defendants shall inspect automatic door openers monthly 

for compliance with the 2010 ADA Standards and the 2019 CBC and repair any NonCompliant Conditions within seven (7) days of their reporting or discovery, or within two 

days before a public event at the Stadium, whichever is sooner.

8. The Stadium Defendants shall inspect the Stadium elevators and 

platform lifts once per month. The Stadium Defendants shall ensure that any elevator or 

platform lift malfunction or non-operational condition is remedied within five (5) business 

days after reporting or discovery thereof, or within two (2) days before a public event at 

the Stadium, whichever is sooner.

9. The Stadium Defendants shall inspect door closure mechanisms in the 

Stadium at least seven (7) days prior to events during which the doors are expected to be 

operational and adjust those mechanisms as necessary within two (2) days prior to the 

event to ensure appropriate force in compliance with the 2010 ADAS and the 2019 CBC.

During the Forty-Niners’ football seasons and weeks in which other public events are held 

at the Stadium, on a weekly basis, and on a once every two (2) weeks basis during months 

in which no public events are held at the Stadium, throughout the Compliance Period the 

Stadium Defendants shall inspect the Accessible Paths of Travel to and from all 

Accessible features in the Stadium, including but not limited to pathways to restrooms, 

access to elevator control buttons, and maneuvering clearances in front of toilets and at 

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restroom stall doors to ensure that they are clear of any obstructions, such as trash 

receptacles and other moveable objects.

10. During the two-day period prior to any public event at the Stadium,

the Stadium Defendants shall inspect to ensure that Accessible-height areas of bars, 

dining surfaces, sales and service counters, and self-serve condiment stations are cleared 

of loose items, equipment or other temporary obstructions that limit or deny access to 

persons with Mobility Disabilities, and remedy any such Conditions.

11. Defendants shall ensure that any movable stairs that obstruct the 

interior circulation paths in the Stadium, including but not limited to the Accessible 

aisles and paths adjacent to the Stadium’s Accessible seating areas and companion 

seating, are removed and are not present during any public events.

12. The Stadium Defendants shall maintain the paint or other markings 

showing the Accessible exterior and interior paths of travel at the Stadium and the Main 

Lot so that they are compliant with the 2010 ADAS and/or 2019 CBC. The Stadium 

Defendants shall inspect these paths of travel for their compliance with the 2010 ADAS 

and/or 2019 CBC on a semi-annual basis.

C. Ticketing Services for Accessible and Companion Seating

1. Whenever tickets for Accessible seating are available for particular events, 

the Stadium Defendants shall ensure that persons with Mobility Disabilities are

permitted to purchase tickets for an Accessible seat and three (3) adjacent companion 

seats in the same horizontal row if available. For larger groups, persons with Mobility 

Disabilities and their companions shall be permitted to purchase adjacent seating 

directly above and below the row in which the Accessible seat(s) are located if 

available. The Stadium Defendants shall ensure that all personnel who sell or exchange

tickets for Accessible seating to guests of Levi’s Stadium are provided with training 

regarding the Stadium’s policies and procedures for ensuring that persons with 

disabilities are provided with full and equal access to the Stadium’s facilities and 

services, and in particular, that persons with Mobility Disabilities and their nondisabled 

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companions are provided with prompt, effective and courteous ticketing services for 

Accessible seating.

2. Within sixty (60) days of the Effective Date, Stadium Defendants shall 

require the following with respect to their policies, practices and procedures for the sale 

and exchange of tickets for Accessible seats for all events held at Levi’s Stadium:

Accessible seats and companion seats for any event shall be made available for purchase 

at the same time as tickets for seating at that event is made available to the general 

public and, subject to ticket availability, shall be sold to individuals who are identified 

as requiring Accessible seating or to individuals purchasing on behalf of those who are 

identified as requiring Accessible seating. No Accessible seats or companion seats shall 

be held back from sale to such individuals or made available to individuals without 

disabilities for their own use for any reason or under any circumstances other than those 

specified in 28 C.F.R. § 302(f)(5).

3. By no later than August 10, 2019, the Forty Niners Defendants shall ensure 

that individuals who require Accessible seating or individuals purchasing on their behalf 

who have previously purchased or otherwise acquired valid tickets for non-Accessible 

seats for an event may exchange those tickets for tickets for Accessible seats and a 

corresponding number of companion seats, if available, through electronic means that 

do not require the ticketholder or his/her representative to exchange said tickets in 

person.

D. Access Map and Guide

1. By no later than twenty (20) days after the Effective Date, 

Defendants shall retain a mutually agreed upon disability access consultant to devise 

and provide guidance on informational signs and site maps of the Stadium’s Accessible 

features and an Access guide that contains the following information:

a. A listing of all facilities pertaining to Levi’s Stadium, including 

its related parking lots and Pedestrian Rights of Way, which identifies all of the facilities

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that are Accessible, and includes an accurate listing of the inaccessible spaces at each 

facility, as well as a general description of the Access conditions at each facility.

b. Location of Accessible parking, Accessible Pedestrian Rights 

of Way leading from Accessible parking spaces to Accessible entrances to Levi’s 

Stadium (including Accessible curb ramps, sidewalks and crosswalks), Accessible 

exterior Paths of Travel, Accessible entrances to buildings or facilities and Accessible 

transit stops.

c. Location of the shortest Accessible Path of Travel from each 

public entry gate and from the Box Office to each area of Accessible seating, including 

location of elevators required to be used.

d. Location of Accessible restrooms, water fountains, and 

telephones.

2. The Access Map and guide shall be provided at the Stadium at each 

location at which there is presently a site map, and at each of its related parking lots. The 

Access map and guide shall be provided in the following formats: physical signage, 

electronically on Defendants’ websites for Levi’s Stadium, electronically on the “Levi’s 

Stadium” mobile application, and paper so that the Access Map and guide can be mailed 

or delivered to all Class Members who request a copy. In addition, the Access Map and 

guide shall be maintained at the Stadium and all of its related facilities and shall be 

distributed at the Stadium Box Office. The Access Map and guide also shall be made 

available in necessary and appropriate alternative formats, including foreign languages, 

large print, Braille, and other electronic formats.

3. Defendants shall provide the Access Map and Guide within one 

hundred twenty (120) days of the Effective Date. The Access Map and Guide will be 

updated annually as necessary to incorporate improvements and changes.

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E. Transportation

All of the Forty Niners Defendants’ golf carts that provide transportation from 

the parking lots that serve Levi’s Stadium to the Stadium shall be Accessible. The Forty 

Niners Defendants shall contractually require the owners and operators of vans and 

shuttles that service the Stadium to comply with applicable federal and California 

Access standards, to train the operators of vans and shuttles regarding the Accessible 

features thereof, including proper operation of lifts. Personnel who operate such carts,

vans or shuttles shall be trained on the proper operation of lifts or ramps on the vans and 

shuttles.

F. Training

1. Stadium Defendants shall provide disability access training to their 

employees, and require that all vendors and other third parties responsible for 

maintaining and/or setting up areas open to the public for events and/or in a position that 

may require them to interact with members of the public receive disability access 

training. Training should be tailored to job description, and shall include, at a minimum, 

the following:

a. Any person who may reasonably be expected to respond to a 

request to remove the seats designed to be removed to make wheelchair 

Accessible seating available, as referenced in Section A.1.l, above, shall be 

trained on those policies and procedures;

b. Persons whose job duties include circulating throughout the 

Stadium shall be trained in the maintenance of Accessible routes and Paths 

of Travel throughout the Stadium, including, but not limited to the removal 

of all obstructions from door maneuvering clearances and the maintenance 

of the minimum required clear widths between furniture and other objects;

c. Persons whose job duties bring them into contact with the 

visiting public shall be trained in the location of any and all Accessible 

features in Levi’s Stadium and its parking lots, the Accessible routes to 

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Stadium entrances and throughout the Stadium, the responsibility to direct 

patrons to such Accessible routes and Accessible parking, and the 

availability and distribution of the Access map and guide described in 

Section D, above;

d. Persons whose job duties relate to maintenance of the facilities 

shall be trained in the maintenance of Accessibility features and elements 

in the Stadium consistent with the requirements of the 2010 ADA 

Standards and the 2019 CBC, including, but not limited to the maintenance 

of maximum door pressures;

e. Persons whose job duties relate to the sale of tickets shall be 

trained in the policies and procedures for the sale of Accessible seats, as 

described in Section C, above, and in conformance with the ADA Title III 

regulations regarding ticketing and applicable guidance materials from the 

U.S. Department of Justice, and for ensuring that persons with Mobility 

Disabilities are provided with prompt, effective and courteous ticketing 

services for Accessible seating.

f. The availability and distribution of the Access map and guide 

described in Section D, above.

g. The proper operation of the lifts or ramps used with any vans 

and shuttles vans or shuttles utilized to provide transportation to and from 

Stadium entrances.

2. Defendants shall provide Class Counsel with a copy of the training 

materials for the above-described training at least thirty (30) days prior to their 

implementation. Plaintiffs may provide input and suggestions concerning those 

training materials. Defendants agree to give good faith consideration to Plaintiffs’ 

input and suggestions prior to finalizing and distributing the training materials and, on 

Plaintiffs’ request, shall meet and confer with Class Counsel regarding the training

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plan. Provided the training plan meets the requirements of subsection II.F.1., however, 

Defendants shall retain final authority with respect to the contents of said plan.

3. The above-described training shall be provided to existing 

responsible personnel within three months of the Effective Date. New employees, 

personnel and vendors shall receive such training within thirty (30) days of being hired

or assigned to responsibilities requiring such training. All such personnel shall receive 

refresher training on an annual basis thereafter.

IV. NEW CONSTRUCTION AND ALTERATIONS

A. Defendants shall ensure that all future new construction and alteration work 

performed at or within the Stadium and its related parking and Pedestrian Right of Way 

facilities fully complies with the 2010 ADA Standards and the 2019 CBC, whichever 

provides greater access for persons with Mobility Disabilities.

B. When the Santa Clara Defendants perform new construction and alterations 

in the City of Santa Clara’s Pedestrian Rights of Way serving the Stadium identified in 

Exhibits H and I, they shall ensure that Accessible temporary routes are provided during 

the period of construction through and around new construction and alterations projects 

with appropriate signage directing persons with Mobility Disabilities to such Accessible 

temporary routes.

C. Defendants shall inspect all new construction and alterations to ensure that 

they fully comply with the 2010 ADA Standards and the 2019 CBC. New construction 

and alterations shall be inspected by mutually agreed upon persons who are trained in the 

requirements of the 2010 ADA Standards and the 2019 CBC, and Defendants shall use a 

written checklist to confirm compliance. Such records shall be maintained throughout the 

Compliance Period and be available for inspection by Class Counsel.

D. Defendants shall remediate any new construction or alterations that are not 

performed in full compliance with the 2010 ADAS and the 2019 CBC in accordance with 

California Government Code Section 4452.

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SETTLEMENT CLASS NOTICE AND CLAIMS PROCEDURE

A. Selection of Settlement Administrator

Defendants shall retain an independent Settlement Administrator, which will be 

mutually selected by the parties, to perform the following tasks in compliance with the 

Agreement: 1) distribute Settlement Notice and Claim Forms; 2) receive and track 

returned Claim Forms; 3) arrange for tracing of Damages Class Members for whom 

Settlement Notice, Claim Forms, and settlement payments are returned as undeliverable; 

4) obtain supplemental information from Claimants, as necessary; 5) receive and 

forward to the parties and the Court Opt-Out statements and Objections; 6) verify the 

validity of each claim submitted and certify those Damages Class Members who are 

eligible to receive a settlement share of the Damages Fund; 7) administer and distribute 

settlement shares; and 8) such other duties as agreed to by the parties that are necessary 

to carry out the provisions of this Agreement. The Settlement Administrator shall be an 

organization or entity experienced and qualified in the administration of class action 

monetary settlement distribution and/or claims proceedings. Defendants shall be 

responsible, jointly and severally, for all reasonable fees, expenses, and costs incurred 

by the Settlement Administrator.

B. CAFA Notice

Defendants shall comply with 28 U.S.C. § 1715 (“CAFA”). No later than ten 

(10) days after this Agreement is filed with the Court for preliminary settlement 

approval, Defendants shall mail or cause the items specified in 28 U.S.C. § 1715(b) to 

be mailed to each State and Federal official, as specified in 28 U.S.C. § 1715(a). All 

notification duties imposed by 28 U.S.C. § 1715, including the corresponding expenses, 

shall be separate and in addition to any other obligation imposed herein. Any and all 

costs or expenses related to Defendants’ compliance with CAFA, either directly or 

indirectly, shall be paid directly by Defendants, jointly and severally, and shall not be 

deducted from the Class Damages Fund.

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C. Distribution of Settlement Notice

1. Within fourteen (14) days of the Court’s Order granting preliminary 

approval of settlement, Defendants shall provide the Settlement Administrator with the 

most current and complete Plaintiff Class Member information in their records, 

including Plaintiff Class Members’ names, mailing and email addresses, and telephone 

numbers. 

2. Prior to the distribution of Settlement Notice, the Settlement 

Administrator shall perform a search for updated mailing addresses of Plaintiff Class 

Members using the National Change of Address Database maintained by the United 

States Postal Service. If Defendants’ records do not provide a mailing address and/or 

email address for any Plaintiff Class Member for whom Defendants have produced 

other identifying or contact information, the Settlement Administrator may use any 

information or resource reasonably available to identify such addresses.

3. Prior to the distribution of Settlement Notice, the Settlement 

Administrator shall establish an Internet Website, 

www.LevisStadiumclassactionsettlement.com, that will inform the Plaintiff Classes of 

the terms of the Agreement, their rights, applicable dates and deadlines, Class Counsel’s 

contact information (including telephone numbers and email addresses), the Settlement 

Administrator’s contact information, and other related information. The website shall 

make available for download in .pdf format, the following: 1) Settlement Agreement 

and Release of Claims and the Exhibits to the Settlement Agreement; 2) the Long Form

Settlement Notice; 3) the Claim Form; 4) the Preliminary Approval Order; 5) the Fourth 

Amended Complaint; and 6) all other documents or materials agreed upon by the parties 

and/or required by the Court. The Internet Website shall provide Damages Class 

Members with the option to submit a Claim Form electronically via a fillable form that 

may be submitted through the Internet Website. The Website and all forms and other 

documents posted or available thereon will comply with the Web Content Accessibility 

Guidelines (“WCAG”) version 2.1 Level AA.

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4. Prior to the distribution of Settlement Notice, the Settlement 

Administrator shall establish a toll-free telephone number, through which members of 

the Plaintiff Classes may obtain information about the Action, submit inquiries 

regarding the Settlement, and request a mailed copy of the Settlement Notice and/or the 

Claim Form. In addition, prior to the distribution of the Settlement Notice, the 

Settlement Administrator shall establish an e-mail address for members of the Plaintiff 

Classes to submit inquiries regarding the Settlement.

5. The parties shall coordinate with the Settlement Administrator to 

provide direct and publication notice to Plaintiff Class Members in the following forms.

6. Long Form Notice: The Long Form Notice shall be in a form 

substantially similar to the document attached hereto as Exhibit K and shall, at 

minimum, provide the following information:

a. General Terms: The Long Form Notice shall contain a plain 

and concise description of the nature of the Action and the proposed 

Settlement, including information on the definition of the Plaintiff Classes, 

the identity of Plaintiff Class Members, how the proposed Settlement 

would provide relief to Plaintiff Class Members, what claims are released 

under the proposed Settlement, and other relevant information.

b. Opt-Out Rights: The Long Form Notice shall inform Damages 

Class Members that they have the right to opt out of the Damages Class. 

The Long Form Notice shall provide the deadlines and procedures for 

exercising this right.

c. Objection to Settlement: The Long Form Notice shall inform 

Plaintiff Class Members of their right to object to the proposed Settlement 

and appear at the Fairness Hearing. The Class Notice shall provide the 

deadlines and procedures for exercising these rights.

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d. Fees and Expenses: The Long Form Notice shall inform 

Plaintiff Class Members that fees and expenses related to the Settlement 

Administrator will not be deducted from the Settlement Fund, the 

maximum amounts to be sought by Class Counsel as reasonable attorneys’ 

fees and expenses and individual Service Awards to the Named Plaintiffs, 

and shall explain that the reasonable attorneys’ fees and expenses awarded 

to Class Counsel (if any), and Service Awards to Plaintiffs (if any) will not 

be deduced from the Damages Fund, but rather paid separately by 

Defendants.

e. Claim Form: The Claim Form shall inform the Plaintiff Class

Members: (i) that Damages Class Members can elect to receive a

settlement share of the Damages Fund by submitting a Claim Form to the 

Settlement Administrator (either through the Settlement Website, E-mail or 

U.S. Mail); and (ii) that in order to receive the settlement share, the 

Damages Class Member must fully complete and timely submit the Claim 

Form prior to the Claim Deadline;

7. Short Form Notice: The Short Form Notice shall be in a form 

substantially similar to the document attached hereto as Exhibit L. The Short Form 

Notice shall summarize the Long Form Notice and inform Plaintiff Class Members that 

additional information regarding the proposed settlement may be obtained through the 

Internet Website or pursuant to request made to the Settlement Administrator or Class 

Counsel.

8. Reminder Notice: In consultation with Class Counsel, and prior to 

the claim deadline set forth in the Court’s Preliminary Approval Order, the Settlement 

Administrator shall transmit one or more email reminders to Plaintiff Class Members 

who have not submitted a Claim Form. 

9. Within twenty-one (21) days of the Court’s Preliminary Approval 

Order, the Settlement Administrator shall distribute the Court-approved Short Form 

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Settlement Notice and Claim Form, along with a self-addressed, postage prepaid return 

envelope, via U.S. mail, and shall distribute the Short Form Settlement Notice and Claim 

Form and email to Plaintiff Class Members using the mailing and email addresses from 

Defendants’ records or as provided by the National Change of Address Database.

10. Within twenty-one (21) days of the Court’s Order granting 

preliminary approval of settlement, Defendants shall post the Long Form Settlement 

Notice in a conspicuous manner at the following locations: (a) Levi’s Stadium Visa Box 

Office; (b) Levi’s Stadium Guest Entrances; (c) Levi’s Stadium Concession Stands; and 

(d) Levi’s Stadium Team Stores.

11. Within twenty-one (21) days of the Court’s Order granting 

preliminary approval of settlement, Defendants shall post the Long Form Settlement 

Notice on the following websites that they control: (a) www.levisstadium.com; (b) 

www.49ers.com; (c) https://twitter.com/49ers; (d) 

https://www.facebook.com/SANFRANCISCO49ers; (e) santaclaraca.gov; and (f) 

http://santaclaraca.gov/government/stadium-authority. A link on the home page of each 

of these websites shall be described as “INFORMATION ABOUT THE CLASS 

ACTION SETTLEMENT INVOLVING ACCESS TO LEVI’S STADIUM FOR 

PERSONS WITH MOBILITY DISABILITIES,” and shall take viewers directly to the 

Long Form Settlement Notice.

12. Within twenty-one (21) days of the Court’s Order granting 

preliminary approval of settlement, Plaintiffs shall distribute the Short Form Notice to 

the following membership and/or service organizations for individuals with mobility 

disabilities: 1) Bay Area Outreach and Recreation Program (BORP); 2) Californians for 

Disability Rights; 3) California Foundation for Independent Living Centers; 4) Center 

for Independent Living – Berkeley; 5) Center for Independence of Individuals with 

Disabilities (CID, San Mateo); 6) Central Coast Center for Independent Living (CCCIL, 

Monterey, San Benito, and Santa Cruz Counties); 7) Community Resources for 

Independent Living (CRIL, Hayward); 8) Dayle McIntosh Center (DMC); 9) Disability 

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Action Center (DAC); 10) Disability Services and Legal Center (DSLC); 11) FREED 

Center for Independent Living (FREED); 12) Independent Living Center of Kern 

County (ILCKC); 13) Independent Living Resource Center San Francisco (ILRCSF); 

14) Independent Living Resources of Solano & Contra Costa Counties (ILR); 15) Marin 

Center for Independent Living (MCIL); 16) Placer Independent Resource Services 

(PIRS); 17) Resources for Independence Central Valley (RICV); 18) Resources for 

Independent Living (RIL, Sacramento); 19) Silicon Valley Independent Living Center 

(SVILC); 20) Tri-County Independent Living (TCIL); 21) Paralyzed Veterans of 

America, Sacramento National Service Office; 22) Paralyzed Veterans of America, Bay 

Area & Western Chapter; 23) United Spinal San Francisco Bay Area Chapter; and 24) 

NorCal SCI – Northern California Chapter of United Spinal. In addition to the methods 

of providing notice set forth herein, the parties may distribute notice of the settlement 

through other agreed-upon methods.

OBJECTIONS AND OPT-OUTS

1. Any written objection to the Settlement must (i) clearly identify the 

case name and number; (ii) be submitted to the Court by filing the written objection 

through the Court’s Case Management/Electronic Case Files (“CM/ECF”) system, by 

mailing the written objection to the Class Action Clerk for United States District Court 

for the Northern District of California, San Jose Division, or by filing the written 

objection in person at any location of the United States District Court for the Northern 

District of California; (iii) state whether it applies only to the objector, to a specific 

subset of the class, or to the entire class, and also state with specificity the grounds for 

the objection; and (iv) be filed or postmarked on or before the objection deadline 

provided in the Court’s Preliminary Approval Order. To the extent a timely objection is 

withdrawn before final approval, such an objection shall be treated as though it has not

been made.

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2. In their motion requesting preliminary approval of this Agreement,

Plaintiffs shall request that the Court allow any party to file a reply to any objection, no 

later than seven (7) days before the Fairness Hearing, or as the Court may direct.

3. Members of the Damages Class may elect to opt out of the 

Settlement, relinquishing their rights to any portion of the Damages Fund hereunder. 

Members of the Damages Class who opt out of the Settlement will not release their 

claims for actual, treble, or statutory damages, and attorney’s fees pursuant to California 

Civil Code section 52(a).

4. Plaintiff Class Members wishing to opt out of the Settlement must 

send a signed letter (by U.S. Mail – address to be provided in the Class Notice) to the 

Settlement Administrator including (a) their full name; (b) an email address and/or 

telephone number; (c) a clear statement communicating that they elect to be excluded 

from the Damages Class, and do not wish to be a member of the Damages Class; and (d) 

the case name and case number (Nevarez et al. v. Forty Niners Football Company, LLC, 

et al., Case No. 5:16-cv-07013 LHK (SVK)). Any request for exclusion or opt out must 

be postmarked or submitted on or before the exclusion or opt out deadline provided in 

the Court’s Preliminary Approval Order. If the opt-out is transmitted by U.S. Mail, the 

date of the postmark on the return mailing envelope shall be the exclusive means used to 

determine whether the opt-out has been timely submitted. Members of the Plaintiff 

Class who fail to submit a valid and timely opt-out on or before the date specified in the 

Court’s Preliminary Approval Order shall be bound by all terms of this Agreement and 

Final Judgment, regardless of whether they have requested exclusion from the damages 

portion of the Settlement.

5. Damages Class Members must opt out of the Damages Class 

individually. So-called “mass” or “class” opt outs, whether filed by third parties on 

behalf of a “mass” or “class” of Damages Class Members or multiple Damages Class 

Members where no personal statement has been signed by each and every individual 

Damages Class Member, are not allowed.

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6. Members of the Injunctive Relief Class and Companion Injunctive 

Relief Class may not opt out of those Plaintiff Classes. Any member of the Damages 

Class who submits a valid and timely opt out may not object to any part of the 

Agreement that relates exclusively to the provision of damages payments to Class 

Members or the release of Class Members’ damages claims.

7. The Settlement Administrator shall promptly provide copies of all 

opt-outs, objections, and/or related correspondence from Class Members to Class 

Counsel and Defense Counsel. Not later than three (3) business days after the deadline 

for submission of opt outs, the Settlement Administrator shall provide to Class Counsel 

and Defense Counsel a complete opt out list together with copies of the opt out requests.

MONETARY RELIEF AND CLAIMS PROCEDURE

A. Monetary Consideration

In consideration for the Damages Release contained in Section XIII.A. of this 

Agreement, and without admitting liability for any of the alleged acts or omissions, and 

in the interest of minimizing the costs inherent in any litigation, the Forty Niners 

Defendants shall pay the sum of the Twenty-Four Million Dollars ($24,000,000) 

(hereafter “Damages Fund”) for satisfaction of Damages Class Members’ statutory 

damages claims under the California Unruh Civil Rights Act, Cal. Civ. Code § 51, et 

seq.

B. Creation of Damages Fund

1. No later than twenty-one (21) days after the Effective Date, the Forty 

Niners Defendants shall pay an amount equal to the Damages Fund into an escrow bank 

account (the “Escrow Account”), to be created and administered by the Settlement 

Administrator pursuant to the terms of this Agreement. The Escrow Account shall be 

held in a Qualified Settlement Fund (defined below) in an interest-bearing bank account 

with a commercial bank with excess capital exceeding One Hundred Million Dollars 

($100,000,000.00), with a rating of “A” or higher by S&P and insured by the FDIC. All 

funds in the Escrow Account shall be deemed to be in the custody of the Court and shall 

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remain subject to the jurisdiction of the Court until such time as the funds shall be 

distributed. Interest earned on money in the Escrow Account, less any taxes owed 

thereon (if any), will be added to the Settlement Fund for the benefit of the Damages 

Class.

2. The Parties hereto agree that the Damages Fund is intended to be a 

“qualified settlement fund” (“Qualified Settlement Fund”) within the meaning of 

Treasury Regulation § 1.468B-1 and that the Settlement Administrator, within the 

meaning of Treasury Regulation § 1.468B-2(k)(3), shall be responsible for filing any 

required tax returns for and paying from the Damages Fund any taxes owed with respect 

to the Settlement Fund. The Parties hereto agree that the Settlement Fund shall be 

treated as a “qualified settlement fund” from the earliest date possible, and agree to any 

relation-back election required to treat the Settlement Fund as a “qualified settlement 

fund” from the earliest date possible. Defense Counsel agree to provide promptly to the 

Settlement Administrator the statement described in Treasury Regulation § 1.468B-3(e). 

Any and all taxes shall be paid out of the Settlement Fund, shall be paid out of the

interest earned on the Damages Fund, be considered to be a cost of administration of the 

Settlement, and be timely paid by the Settlement Administrator without prior order of 

the Court.

C. Eligibility for Payments from the Damages Fund

1. To be eligible to receive a settlement share of the Damages Fund, a 

member of the Damages Class must satisfy each and all of the following criteria: 

a. Return a completed Claim Form that is postmarked, if 

submitted by U.S. Mail, or received, if submitted electronically, by no 

later than the deadline set forth in the Court’s Preliminary Approval 

Order;

b. State under oath that they are an individual with a mobility 

disability who uses a wheelchair, scooter or other mobility aid, and who 

has purchased, attempted to purchase, or for whom third parties 

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purchased accessible seating and who has been denied equal access to 

Levi’s Stadium’s facilities, services, accessible seating, parking,

amenities, and privileges; 

c. Identify the event(s) attended at Levi’s Stadium after April 13, 

2015 and the approximate date(s) of those events; 

d. State under oath that they experienced either: 1) a Physical 

Access Barrier at Levi’s Stadium or one of its parking lots; or 2) a 

ticketing Barrier.

e. State under oath that they experienced difficulty, discomfort, 

or embarrassment as a result of encountering the Physical Access or 

ticketing Barrier(s); 

f. State that they have not previously released their claim against 

the Forty Niners Defendants; and,

g. State that they have not opted out of the Damages Class 

pursuant to this Agreement.

2. The Named Plaintiffs shall be eligible to receive a settlement share 

of the Damages Fund subject to the eligibility requirements set forth above. 

D. Distribution of Claim Forms

The Settlement Administrator shall send each Damages Class Member a Claim 

Form along with the Settlement Notice. In addition, the Internet Website created by the 

Settlement Administrator, www.LevisStadiumclassactionsettlement.com, shall allow 

Damages Class Members to submit Claim Forms electronically through the date of the 

claim filing deadline set forth in the Court’s Preliminary Approval Order. A .pdf 

version of the Claim Form shall also be available for download from the Internet 

Website through the date of the claim filing deadline. The Settlement Administrator 

shall also mail hard copy or email electronic Claim Forms to potential members of the 

Damages Class pursuant to the Class Member’s written or telephone request. The 

Settlement Administrator shall mail Claim Forms within three (3) days after receiving 

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the Class Member’s written or telephone request. Any written or telephone requests for 

Claim Forms received by Class Counsel, Defendants, or Defendants’ Counsel, shall be 

forwarded to the Settlement Administrator within twenty-four (24) hours of receipt. 

E. Filing of Completed Claim Forms

All claims for a settlement share of the Damages Fund shall be made in writing 

using the Claim Form approved by the District Court. All Claim Forms must be 

physically or electronically signed by the claimant under penalty of perjury. Each 

claimant, including minors, must submit their own Claim Form. A parent, legal 

guardian or next of kin may complete and sign a Claim Form on behalf of a minor or 

deceased claimant. A designated representative may complete and sign a Claim Form 

on behalf of a claimant who, because of disability, cannot sign his or her name. If a 

claimant experienced more than one discriminatory incident, all such incidents must be 

detailed in one (1) Claim Form. All Claim Forms must be mailed to the Settlement 

Administrator and postmarked or submitted electronically by no later than the deadline 

set forth in the Court’s Preliminary Approval Order. 

F. Review of Claim Forms

The Settlement Administrator shall initially review all Claim Forms to determine 

if the form is filled out completely and is signed properly. If a Claim Form is 

incomplete or is not signed properly, the Settlement Administrator shall notify the 

claimant of the deficiency. All claimants shall be provided thirty (30) days from the 

date of notification to cure any defects in their Claim Forms. The failure of a claimant 

to complete, sign and return their Claim Form within thirty (30) days shall result in the 

denial of their claim. 

G. Approval of Claims

Following the initial review, the Settlement Administrator shall then conduct an 

assessment of all Claim Forms to determine whether they present valid claims in 

accordance with the terms and provisions of this Agreement. The Forty Niners 

Defendants shall have an opportunity to review and dispute any Claim Forms deemed 

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valid by the Settlement Administrator. All claims determined to be valid by the 

Settlement Administrator and undisputed by the Forty Niners Defendants shall be 

eligible for a settlement share of the Damages Fund.

H. Disputed Claims

If upon initial review of the Claim Form, the Settlement Administrator is unable to 

determine the validity of the claim, the Settlement Administrator shall notify the claimant 

in writing and state the reasons why the information contained on the Claim Form is 

insufficient to determine the validity of the claim. The claimant shall be given thirty (30) 

days from the date of mailing or email transmission in which to supplement or amend 

their Claim Form or provide such other information supporting the validity of his/her 

claim. Class Counsel may also submit information to the Settlement Administrator in 

support of any disputed Claim Form. Upon further review of the disputed Claim Forms, 

including such additional information as may be submitted by the claimant, the Settlement 

Administrator shall either approve or reject the claim.

I. Rejected Claims

If the Settlement Administrator rejects a claim as not meeting the terms or 

provisions of this Agreement, the Settlement Administrator shall so notify the claimant 

in writing.

J. Deadline for Settlement Administrator Review of All Claims

The Settlement Administrator shall complete its review and issue a determination 

as to the validity of all Claim Forms and eligibility for a settlement share of the Damages 

Fund within ninety (90) days of the deadline for submitting Claim Forms.

K. Determination – Final and Binding

All determinations of the Settlement Administrator shall be final, binding, and 

non-appealable.

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 DAMAGES CLASS PAYMENT ALLOCATION

AND DISTRIBUTION

A. Damages Allocation Procedure

1. Each claimant with a validated Claim Form (“Eligible Claimant”) 

and at least one visit to Levi’s Stadium during the Damages Class Period that satisfies 

the requirements of Section VII.C. above (“Qualifying Visit”), shall be entitled to 

receive a portion of the Class Damages in accordance with the Parties’ agreed-upon 

distribution formula, with a minimum award of $4,000. In the event that the claims 

submitted and found to be Eligible under this sub-section exceed the amount of the 

Damages Fund, the Settlement Administrator shall make pro rata reductions in the size 

of the claimants’ awards. The remaining amounts in the Damages Fund shall be 

allocated to Eligible Claimants who have made more than one Qualifying Visit. Those 

amounts shall be allocated based on the number of Qualifying Visits of each claimant, 

with a maximum per-claimant award of $80,000.

2. The Settlement Administrator’s allocation determinations, and award 

amounts shall be final and binding on all Damages Class Members and not subject to 

appeal.

3. No later than thirty (30) days after the completion of the Claims 

Determination process set forth in Section VII., the Settlement Administrator shall cause 

the distribution of damages awards in the amounts specified in the Claims 

Determination process to Eligible Claimants in the form of checks or electronic 

payments, per the Eligible Claimant’s election of payment method, along with 1099-

MISC forms to Eligible Claimants. All checks shall be negotiable for no more than one 

(1) year from the date of mailing.

4. For each check returned to the Settlement Administrator as undeliverable, 

the Settlement Administrator shall, within twenty (20) days, conduct one or more 

computer database traces of such claimant and re-mail the check to such additional 

address as may be obtained through the tracing process. All returned checks for 

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claimants for whom no additional address is obtained through the tracing process shall 

be held by the Settlement Administrator for ninety (90) days. If no claim is made for 

such checks during this time period, the funds shall become part of the funds to be 

redistributed to Eligible Claimants or allocated to the Cy Pres and distributed in 

accordance with Section VIII.B., below.

5. The Settlement Administrator will provide the Forty Niners Defendants 

and Class Counsel with a complete list of all award recipients, including their names, 

addresses, email addresses and the amount of their awards.

B. Cy Pres

In the event that any portion of the Damages Fund has not been distributed as 

provided for by this Settlement Agreement after a period of 400 days has elapsed from 

the date on which damages awards are mailed by the Settlement Administrator, then 

such remaining amounts shall be used first to pay any otherwise valid claims that were 

excluded from the Damages Class Monetary Distribution through error or omission of 

the Settlement Administrator. Any further balance remaining shall be redistributed to 

Eligible Claimants pro rata, if the balance exceeds $100,000. Otherwise the remaining 

balance shall be paid in equal portions to Silicon Valley Independent Living Center 

(SVILC) and Center for Independence of Individuals with Disabilities, San Mateo. 

 NO RETALIATION AGAINST OR ADVERSE

TREATMENT OF CLASS MEMBERS

Defendants are prohibited from retaliating in any way against any member of 

the Classes. Class members including representatives, deponents and declarants shall 

suffer no adverse treatment by Defendants, their agents and employees.

COMPLIANCE

A. Grievances and/or Complaint System

By no later than one hundred twenty (120) days after the Effective Date, 

Defendants shall establish a written policy and procedure for Class members to submit 

complaints or grievances regarding the Accessibility of Levi’s Stadium, its related parking 

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and Pedestrian Right of Way facilities, and ticketing and transportation services to Persons 

with Mobility Disabilities. This written policy and procedure, and Defendants’ response 

and remediation efforts regarding any such grievances or complaints by Class members, 

shall comply with the requirements of 28 C.F.R. § 35.107. Defendants will provide Class 

Counsel with a draft of the policy and procedure for their review and comment at least 30 

days before finalizing the policy and procedure. Plaintiffs will provide their comments, if 

any, within 15 days of receipt thereof. Defendants will give good faith consideration to 

Class Counsel’s input regarding the policy and procedure. Defendants shall maintain the 

policy and procedure and the grievance or complaint system throughout the Compliance 

Period.

B. Reporting Requirements

1. Throughout the Duration of the Agreement, Defendants shall report to Class 

Counsel every six months in writing on the status of their efforts to implement the terms of 

this Agreement. The first report shall be due by no later than six (6) months after the 

Effective Date.

2. The reports shall summarize the following:

a. All compliance efforts that have been made since the last report with 

respect to each of the substantive terms of this Agreement;

b. All parts of Levi’s Stadium, its parking lots and the Pedestrian Rights 

of Way leading from its parking lots to Levi’s Stadium that have been modified and in 

what manner, all Access work that has been performed, all elements of Levi’s Stadium, its 

parking lots and the Pedestrian Rights of Way leading from the parking lots to the Stadium 

that have been brought into compliance with the 2010 ADA Standards and the 2019 CBC, 

and all Conditions identified in Exhibit A to this Agreement that have been remediated or 

removed and the manner in which this was done;

c. The status of any scheduled Access work on the Stadium, its parking 

lots and the Pedestrian Rights of Way leading from the Stadium’s parking lots to the 

Stadium;

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d. The reason(s) why any previously scheduled Access work on the 

Stadium, its parking lots and the Pedestrian Rights of Way leading from the Stadium’s 

parking lots to the Stadium has not been completed;

e. Anticipated delay(s) completing Access work in the future and the 

reason(s) for the anticipated delay(s);

f. All grievances or complaints received by Defendants regarding 

disability access or ticketing services related to accessible tickets since the last report, 

including copies of same, and the response to the grievances or complaints; and,

g. The monies spent since the last report performing the Access Work 

specified in Section III, including but not limited to a detailed itemization of the monies 

expended to remediate or remove Conditions identified in Exhibits A-J.

3. Defendants shall submit a final report to Class Counsel within sixty (60) days 

of completion of all Access Work undertaken by Defendants pursuant to this Agreement. 

The final report shall describe Defendants’ compliance with this Agreement, and in 

particular shall set forth in detail the Access Work and other remedial measures that 

Defendants have taken to comply with this Agreement, including an itemization of all 

Conditions that have been removed or remediated. In connection with the submission of 

the final report, Defendants shall file with the District Court an affidavit under oath from a 

person authorized to bind Defendants attesting that all of Defendants’ obligations under 

the terms of this Agreement have been discharged, and verifying the facts contained within 

the final report.

4. Throughout the Compliance Period, the Parties shall confer on a semi-annual 

basis to review Defendants’ efforts to implement this Agreement, and to resolve any 

disputes regarding implementation or enforcement thereof.

5. Within ninety (90) days of the Effective Date, Defendants shall designate a 

liaison who shall have responsibility and authority to act as an administrative liaison to 

Class Counsel for the Duration of the Agreement. The designated liaison shall have 

responsibility and authority to take the following actions on behalf of Defendants: (1) 

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collect information pertaining to Defendants’ compliance with this Agreement, and (2) 

respond to requests from Class Counsel for information or other documents as provided 

in this Agreement.

INSPECTIONS

During the Compliance Period, Class Counsel shall be entitled to conduct semiannual inspections, on mutually agreed-upon dates, each year of Defendants’ facilities and 

Pedestrian Rights of Way upon reasonable written notice to Defendants’ designated 

liaison, to monitor compliance with the Agreement. During the Compliance Period, Class 

Counsel shall have access to Defendants’ designs and drawings for Access Work pursuant 

to the Agreement, and shall be permitted to review any plans or specifications that are 

required for the remediation of the Conditions identified in Exhibits A-J.

RESOLUTION OF DISPUTES

In the case of any disputes arising out of or related to any alleged failure to 

perform in accordance with the terms of this Agreement, the Party asserting a failure of

performance shall notify the counsel for the other parties via electronic and overnight

mail. Within ten (10) business days of the notification, the Parties shall commence to 

meet and confer in a good faith effort to resolve the dispute. If, after forty-five days, the 

Parties are unable to resolve the dispute through the meet and confer process, the Parties 

shall engage in non-binding mediation. The Parties shall mutually agree upon a 

mediator. If the Parties are unable to agree upon a mediator, a mediator shall be 

selected by the District Court. Upon certification from the mediator that the Parties 

cannot resolve the dispute through mediation, either Party may file a motion with the 

Court to resolve the issue or issues specified in the meet and confer process. In the 

motion, the Party shall indicate whether the resolution of the motion requires the taking 

of live testimony.

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RELEASES

A. Releases by the Members of the Plaintiff Classes

1. In return for the consideration provided for in this Settlement Agreement, the 

adequacy of which is hereby acknowledged, on the Effective Date or on the date of the 

resolution of any appeal of any Order by the District Court granting Final Approval, 

whichever is later, all Class Members, both individually and as a class, and Named 

Plaintiffs shall be deemed to release and shall have released Defendants and their trustees, 

officers, directors, employees, attorneys, agents and insurers, and their successors and 

assigns (“Released Parties”) from any and all claims that are the subject of, included 

within, and/or arise from this lawsuit, including without limitation, all claims, liabilities, 

obligations, demands, actions, and claims under Title II and Title III of the ADA, 

California Civil Code § 51, et seq., and their accompanying regulations that were brought 

or could have been brought based on the facts alleged in the Complaint against the 

Released Parties for injunctive or declaratory relief only relating to Conditions that 

allegedly deny access to the facilities specified in Exhibit A and access to Defendants’ 

ticketing services for wheelchair accessible and companion seating. This release for 

declaratory and injunctive relief shall apply throughout the Duration of the Settlement 

Agreement.

2. With respect to damages, in return for the consideration provided for in this 

Settlement Agreement, the adequacy of which is hereby acknowledged, on the Effective 

Date or on the date of the resolution of any appeal of any Order by the District Court 

granting Final Approval, whichever is later, all Damages Class Members, both 

individually and as a class, and Named Plaintiffs shall be deemed to release and shall have 

released the Forty Niners Defendants and their trustees, officers, directors, employees, 

attorneys, agents and insurers, and their successors and assigns (“Released Parties”) from 

any and all claims that are the subject of, included within, and/or arise from this lawsuit, 

including without limitation, all claims, liabilities, obligations, demands, actions, and 

claims under California Civil Code § 51, et seq., and accompanying regulations that were 

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brought or could have been brought based on the facts alleged in the Complaint against the 

Released Parties for statutory damages relating to Conditions that allegedly deny access to 

the facilities specified in Exhibit A and access to Defendants’ ticketing services for 

wheelchair accessible and companion seating, at any time up to the Date that the Court 

grants Preliminary Approval of the Settlement Agreement.

3. The Release provided in Section XIII shall not apply to the Stadium Museum 

which was not part of this litigation.

B. Service Awards/Damages Payments and Releases by the Named Plaintiffs

Within thirty (30) days of the Effective Date, Defendants, while denying any 

fault or liability, shall pay the sum of $7,500.00 as a service award to each Named 

Plaintiff. The Named Plaintiffs shall also be eligible to recover their pro rata allocation 

of class damages under the Settlement Agreement. In return for such consideration, the 

adequacy of which is hereby acknowledged and received, the Named Plaintiffs shall be 

deemed to release and shall have released all Defendants and their respective officers, 

directors, employees, attorneys, agents and insurers, and their successors and assigns, 

(“Released Parties”) from any and all claims for damages of every kind up through the 

Date that the Court grants Preliminary Approval of the Settlement Agreement and for 

injunctive or declaratory relief up to the termination of this Agreement, that are the 

subject of, included within, and/or arise from this lawsuit, including all claims, 

liabilities, obligations, demands, actions, and claims under California Civil Code 

Section 51 et seq., Title II and Title III of the ADA, and their accompanying regulations, 

that were brought or could have been brought by them individually against the Released 

Parties relating to Conditions that allegedly deny access to persons with Mobility 

Disabilities at Levi’s Stadium, its parking lots and the Pedestrian Rights of Way leading 

from its parking lots to Levi’s Stadium as well as any injunctive or declaratory relief 

claims relating to access to Defendants’ ticketing services for wheelchair accessible or 

companion seating. This release shall not apply to any statutory damages or physical 

injuries or other property damages that the Named Plaintiffs suffer as a result of the 

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inaccessibility of Levi’s Stadium, its parking lots and the Pedestrian Rights of Way 

leading from its parking lots to Levi’s Stadium after the Effective Date.

ATTORNEYS’ FEES AND COSTS

A. Reasonable Attorneys’ Fees, Costs and Expenses

Plaintiffs shall file a motion with the District Court in accordance with applicable 

law for an award of reasonable attorneys’ fees, costs and expenses incurred in connection 

with this litigation through the Effective Date of this Agreement. Plaintiffs’ motion shall 

not seek an amount in excess of $13,457,152.40 in attorneys’ fees, costs and expenses.

Defendants shall not oppose Plaintiffs’ motion. Defendants are not entitled to recover any 

reasonable attorneys’ fees, costs or expenses in this matter. If there are no objections, 

Defendants shall issue payment of the amount awarded by the Court within 30 days of the 

final approval order. If there is a timely objection that is not subsequently withdrawn, 

Defendants shall issue payment within 30 days of the Court’s order granting final 

approval, or within 30 days after the dismissal of any appeal or the Court’s final approval 

order is affirmed on appeal, whichever is later.

B. Reasonable Attorneys’ Fees and Costs Regarding Monitoring and 

Enforcement

1. Class Counsel shall be entitled to recover reasonable attorneys’ fees and costs 

for work performed in connection with the monitoring and implementation of this 

Agreement. Defendants agree not to oppose such a petition up to a total amount of $85,000 

annually. Above that amount, Defendants may challenge the reasonableness of the amount 

of any fees and costs so requested. Class Counsel shall submit to Defendants a statement 

and supporting documentation regarding monitoring fees and costs on an annual basis. 

Defendants shall pay such fees and costs within 30 days of receipt of such statement and all 

supporting documentation (including invoices for costs incurred). If Defendants object to 

such fees and costs, they shall do so in writing within 30 days of receipt of such statement. 

If Defendants object to such fees and costs, Defendants shall pay the undisputed portion. 

In addition, Defendants shall not oppose $60,000 for the first year, and up to $50,000

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annually for the remainder of the Compliance Period for any reasonable costs of experts 

hired by Class Counsel to assist with the monitoring and implementation of this Settlement 

Agreement.

2. With respect to reasonable attorneys’ fees and costs arising from a dispute 

between the parties pursuant to Section XII, Plaintiffs shall only recover reasonable 

attorneys’ fees, expenses and costs in connection with such a dispute if they prevail with 

respect to the disputed issue. With respect to such disputes, Defendants may dispute that 

Plaintiffs are the prevailing party and/or may dispute the reasonableness of any fees and 

costs claimed by Plaintiffs. Defendants shall not be entitled to the recovery of reasonable 

attorneys’ fees, expenses, and/or costs for any work performed in connection with this 

Agreement or the enforcement thereof.

3. With respect to any disputes between the parties regarding reasonable 

attorneys’ fees and costs arising from monitoring the implementation of this Settlement

Agreement, the parties shall meet and confer in any effort to resolve the dispute within 30 

days of Plaintiffs’ receipt of Defendants’ written objection to Plaintiffs’ request for 

monitoring fees and costs. If the parties are unable to resolve their dispute through meet 

and confer, the parties shall engage in mediation with a mediator to be mutually agreedupon between them. If the parties are unable to agree upon a mediator, a mediator shall be 

selected by the District Court. If the parties are unable to resolve the dispute through 

mediation, the dispute shall be resolved through binding arbitration with a mutually agreed 

upon arbitrator. If the parties are unable to agree upon an arbitrator, an arbitrator shall be 

selected by the District Court.

CONTINUING JURISDICTION

The District Court shall maintain continuing jurisdiction over this Lawsuit for the 

length of this Agreement for the purpose of overseeing and enforcing its terms.

DURATION OF AGREEMENT

This Agreement shall be effective and binding upon the parties for a period of 

three and a half (31⁄2) years after the Effective Date or after the final resolution of any 

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disputes, whichever is later. At that time, Defendants may move the District Court for an 

Order terminating its jurisdiction of this matter on the basis that all of Defendants’

obligations under the Judgment have been fully discharged. Nothing in this Section shall 

bar Class Counsel from moving for an extension of the Agreement to enforce any of its 

obligations. In the event that the District Court grants Defendants’ motion to terminate its 

jurisdiction in this matter, Defendants’ obligation to comply with the Americans with 

Disabilities Act of 1990, California Civil Code Section 51 et seq. and their 

accompanying regulations shall not be affected.

 SETTLEMENT APPROVAL

By no later than October 7, 2019, Plaintiffs shall apply to the Court for 

preliminary approval of the Settlement Agreement and for an order directing notice of the 

proposed settlement to all class members who will be bound by the Settlement Agreement, 

pursuant to Fed. R. Civ. P. 23(e). The Settlement Agreement shall remain in full force and 

effect if the District Court grants preliminary and final approval of the Settlement 

Agreement but declines to establish procedures for notice, objections or opt-outs or 

establishes different procedures than those requested by the parties.

Plaintiffs shall move for and brief the issue of Final Approval of the Settlement in 

accordance with the Preliminary Approval Order or such other or further order of the 

Court.

NOTICES

A. All notices (other than the Class Settlement Notice and CAFA Notices) 

required by this Agreement shall be made in writing and communicated by mail and 

email to the following addresses:

B. All notices to Class Counsel shall be sent to Class Counsel, c/o:

Guy B. Wallace

Mark T. Johnson

Schneider Wallace Cottrell Konecky Wotkyns LLP

2000 Powell Street, Suite 1400

Emeryville, CA 94608

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Adam B. Wolf

Catherine M. Cabalo

Peiffer Wolf Carr & Kane

4 Embarcadero Center, 14th Floor

San Francisco, CA 94104

Linda M. Dardarian

Andrew P. Lee

Goldstein Borgen Dardarian & Ho

300 Lakeside Drive, Suite 1000

Oakland, CA 94612

C. All notices to the Forty Niners Defendants or their Counsel shall be sent to

the Forty Niners’ Counsel, c/o:

Hannah Gordon

Chief Administrative Officer & General Counsel

San Francisco 49ers

4949 Marie P. Debartolo Way

Santa Clara, CA 95054

D. All notices to the Santa Clara Defendants or their Counsel shall be sent to 

the Santa Clara Defendants’ Counsel, c/o:

Maria M. Lampasona

Rankin, Shuey, Ranucci, Mintz, Lampasona & Reynolds

2030 Franklin Street, Sixth Floor

Oakland, CA 94612-3541

Brian Doyle

City Attorney

City of Santa Clara

1500 Warburton Avenue

Santa Clara, CA 95050

Brian P. Maschler

Gordon Rees Scully Mansukhani, LLP

275 Battery Street, 20th Floor

San Francisco, CA 94111

Martin H. Orlick

Jeffer Mangels Butler & Mitchell LLP

2 Embarcadero Center, Fifth Floor

San Francisco, CA 94111-3824

E. The notice recipients and addresses designated above may be changed by 

written notice.

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