. SE AGREEMENT Following mediation with the assistance of Michael Marks, Esq., the Parties signing below have reached the following settlement agreement in reference to all of the issues arising out of or related to . the following case: Katherine Baker and Ming??Lien Linsley, and Vermont Human Rights Commission v. Wildflower Ima a/k/a DOR Associates LLP, Docket No. 183-7-11 Cacv ("Lawsuit). The Parties shall exchange the documents and payments required to implement the following. 1. Cong This Agreement shall be contingent upon approval by the Vermont Human Rights Commission no later than August 31, 2012. This Agreement shall remain confidential until it is approved by the Vermont Human Rights Commission. The Vermont Human Rights Commission- shall notify counsel for the Wildflower Inn at least one day in advance of the meeting at which approval of - his Agreement shall be considered. .2. The Wildflower Inn a/k/a DOR Associates, LLP, shall make the following xayments in tiill settlement of this Lawsuit: A) The sum of Ten Thousand Dollars to the Vermont . I Iuman Rights Commission as a civil penalty; and, B) .The sum of Thousand Dollars to a . lharitable Trust to be established _and designated by Katherine Baker Linsley and Ming--Lien Linsley. . - 'ayments shall be made on tl1e following schedule: Five Thousand Dollars to the Vermont Human . '.ights Commission and Five Thousand Dollars to the Charitable Trust no later than September 4, 2012; ive Thousand Dollars to the Vermont Human Rights Commission and Five Thousand Dollars to the haritable Trust no later than September 4, 2013; Five Thousand Dollars to the Charitable Trust no later an September 4, 2014; Five Thousand Dollars to the Charitable Trust no later than September 4, 2015. interest shall be due on these payments. Payment of the sums required under this paragraph shall be i obligation ofthe Consent Decree described in this Agreement. 3. Other Aggements. - . 1 it/I A: 'I`he Human Rights Commission and the Wildflower rm stipulate that the Human Rights Commission decision in 2005 in the case involving the Wildflower Inn was relied upon in good faith by the Wildflower Inn, and that the Wildflower Inn's owners believed they were operating lawfully in compliance with that decision. B: The Wildflower Inn acknowledges that it will no longer rely on the decision in the 2005 case for any conduct that occurs after the date of this Agreement; that it has changed its past practices; that it will not engage in such practices in the future; and that it will comply with the terms of this Agreement and Vermont's Fair Housing and Public Accommodations Act. C: Jim and Mary have discussed this case `with Ming and Kate. They know each other to be people of good will, and wish each other the best. Each party regrets the harm and loss that the - other has suffered. . D: The Parties agree that DOR Associates LLP will refrain from hosting weddings or wedding receptions in the future. I - E: The Parties stipulate to the entry of a Declaratory Judgment declaring that disparate treatment of ame-sex couples _i11 the future--including a failure to answer inquiries from those couples and. - - discouragement of the couples from using the accommodations, facilities, advantages and privileges of any place of public accommodation--violates the terms of Vermont's Fair Housing I and Public Accommodations Act. F: The Plaintiffs, ACLU, and the Human Rights Commission agree that they will not take any administrative or legal action against the Wildflower Inn for any conduct that occurred before the date of this Agreement that arises out of or is related to the claims that are the subject of this Lawsuit, or claims of similar conduct involving other persons, The Plaintiffs, ACLU and the Human Rights Commission waive any right to seek attomeys' fees and costs. All claims, 2 including but not limited to claims for monetary payments of any kind, are resolved by this Agreement. . G: The Parties stipulate to the entry of a Consent Decree vesting the Vermont Superior Court withjurisdiction to enforce the terms of this Agreement. 4. Miscellaneous. This Agreement is a comprehensive agreement; all prior understandings and discussions are merged into this Agreement. This Agreement may only be amended by a written instrument signed by all Parties. The Parties shall execute such additional documents as are reasonably requested to implement this Agreement. This Agreement shall be interpreted under the laws of the State of Vermont.` All Parties were represented by counsel in the drafting of this Agreement. The. presumption against the drafter shall not apply to the construction of this Agreement. Any participation by the mediator in the drafting of this agreement was in his capacity as mediator in recording mutually agreeable settlement terms, and does not constitute legal advice to any of the Panties. Photocopies of . this Agreement shall be as effective as the original. This Agreement shall be binding and enforceable against the successors, heirs and assigns ofthe Parties. Dated at South Burlington, Vermont, this insley ing- Linsley ssion . umm Foundation 3 Agen or Wildflower` a/k/a DOR Associates, LLP rovedas to form: .- lg-M- . 2 q, Joshua Block, Esq. Couisel for and Linsley Robe1?t Appel, Esq. Counsel for Vermont Htunan Rights ommission . yron . abio e, Esq.- A. pbe1l,_Esq. Counsel fo ildtlower Inn I VERMONT HUMAN RIGHTS COMMISSION This Settlement Agree1nent reached through mediation with the assistance of . Michael Marks, Esq. is hereby approved and the Commission will stipulate to the entry of a Consent Decree resolving the lawsuit brought by plaintiffs Katherine Baker and Ming- Lien Linsley and intervenor Human Rights Commission alleging public accommodation sexual orientation discrimination against the Wildflower Inn alkfal DOR Associates LLP, Docket No. 183-7-11 Cacv. The Commission agrees to take no further action in this matter other than any action necessary to enforce the terms of 'this agreement. Dated at Montpelier, Vermont, this 23'? day of August, 2012. By: Mary Gerrior, air fl . I . Nathan Besio, Commissioner ~absent~ Mary Brodsky, Comm' . Mercedes Mack, Commissioner ?onald Vickers, Commissioner 1 -