Subagreement

1. The parties to this Subagreement are the United States, H.I. Chat-Lem/Iowa-New Orleans Joint Venture (the "Owner"), and Bristol Hotels & Resorts ("Bristol").

2. Listed in the Specific Remedies Section below are architectural barriers to access, communication barriers to access, and failures to provide auxiliary aids (Non-compliant Features), within the meaning of Title III of the Americans with Disabilities Act ("ADA"), which were alleged in a complaint filed with the United States concerning the Holiday Inn, Chateau LeMoyne, 301 Rue Dauphine Street, New Orleans, Louisiana 70112 (the "Hotel"), or which were identified during the United States' investigation of the complaint. The list is not exhaustive, and may not include every Non-compliant feature at the Hotel.

3. Following the Non-compliant Features in the Specific Remedies Section below are listed the modifications that will be undertaken at the Hotel. In addition to any specific references below, all modifications undertaken will comply with all relevant provisions of the ADA Standards for Accessible Design ("Standards"), 28 C.F.R. pt. 36, Appendix A.

4. All citations and references are to the Department of Justice Regulation for Title III of the ADA, 28 C.F.R. pt. 36, or the Standards. Citations following Non-compliant Features are not necessarily exhaustive; other provisions may apply.

5. Staff Training: Bristol will ensure that all Hotel employees are trained regarding all ADA issues relevant to the Hotel, including, but not limited to, use of auxiliary aids (e.g. telecommunication devices for the deaf (TDD's), closed caption decoders) and their distribution to guests, guest rooms and other features which are accessible to people with mobility impairments, and the maintenance of accessible routes. All employees, including housekeeping and maintenance personnel, will be trained in these issues, and all new employees will be trained in these issues when they begin employment.

6. Guest Rooms

a) Non-compliant Features: The Hotel had an insufficient number of guest rooms were designated as accessible to persons with mobility impairments or people with hearing impairments, and of those that were designated as accessible, none fully complied with the Standards. The rooms designated as accessible to persons with mobility impairments did not comply with the Standards in the following areas: entrance doors lacked sufficient pull-side maneuvering clearance; each closet door leaf provided insufficient clear opening width; closet rods were mounted too high; bathroom entrances lacked sufficient pull-side maneuvering clearance; lavatories lacked sufficient clear floor space; and, a curb/threshold prevented access to the roll-in shower. Standards §§ 4.13.1, 4.13.4, 4.13.5 & Figure 24, 4.13.6 & Figure 25, 4.19.1, 4.19.3, 4.21.1, 4.21.7, 4.23.1, 4.23.2, 4.23.6, 4.23.8, 4.25.1, 4.25.3, 9.1.2, 9.1.3, 9.2.1, 9.2.2, 9.3.

b) Modifications:

1) Prior to the Owner's purchase of the Hotel, two additional rooms were designated as accessible to persons with mobility impairments and hearing impairments, televisions with closed captioning were installed in 75 guest rooms in accordance with 28 C.F.R. § 36.303(e), and designated accessible guest rooms' entrance doors, closet doors, lavatory floor space, and shower thresholds were modified to be in compliance with all relevant provisions of the Standards including, but not limited to, those listed in paragraph 6(a) above.

2) By March 1, 1999 the Owner will:

i) Lower the closet rods in the designated accessible rooms to 48 inches in compliance with Standards § 4.25.3 and Figure 38; and

ii) Modify the doors to bathrooms in the designated accessible rooms to meet all relevant provisions of the Standards, including, but not limited to, section 4.13.6 & Figure 25; and

iii) Modify two additional rooms to be accessible to persons with mobility impairments and hearing impairments. These rooms shall be dispersed among the various classes of accommodations the Hotel offers, in compliance with 9.1.4, and they shall be in compliance with all relevant provisions of the Standards, including, but not limited to, §§ 9.1, 9.2, and 9.3.

3) The Owner and Bristol will make 6 additional rooms accessible to persons with hearing impairments, as required by Standards § 9.1.3, by doing the following:

i) The Owner will purchase 7 TDD's within 90 days of the effective date of this Agreement. Six TDD's shall be made available to guests with disabilities, and the Hotel will maintain 1 TDD at the front desk so that Hotel staff can communicate with guests who use TDD's in accordance with 28 C.F.R. pt. 36, Appendix B, at 609. Bristol will ensure that all Hotel staff, including housekeeping and maintenance personnel, are trained in their use within 30 days after they are purchased and thereafter in accordance with paragraph 5 above.

ii) The Owner will purchase and install, if applicable, 6 visual notification devices and 6 visual alarms within 90 days of the effective date of this Subagreement as required by Standards § 9.3.1. Bristol will ensure that all Hotel staff, including housekeeping and maintenance personnel, are trained in their use within 30 days after they are purchased and thereafter in accordance with paragraph 5 above.

iii) The Owner will ensure that, within 90 days of the effective date of this Agreement, 12 rooms have telephones with volume controls in compliance with 4.31.5 and an accessible electrical outlet within 4 feet of a telephone connection.

iv) Guest rooms which are designated as accessible to persons with hearing impairments must be modified in accordance with both paragraphs 1b3(ii) and 1b3(iii). The Owner will ensure that any rooms which are permanently modified in accordance with paragraph 1b3(ii) are also modified in accordance with paragraph 1b3(iii). In addition, all guest rooms which are designated as accessible to persons with mobility impairments must comply with 1b3(ii) and 1b3(iii).

c) Non-compliant Features: In the guest rooms, the seats in the bathtubs are not attached to the floor, the bathtubs lack a second grab bar on the back side, the seats in the roll-in showers are not attached to the floor, the grab bars in the roll-in showers are not mounted in accordance with Figure 37(b), the controls for the roll-in showers are not adjacent to the seat, the towel shelf is not mounted at an accessible height, and a piece of furniture obstructs the entrance to the bathroom. Standards §§ 4.20.3, 4.20.4 & Figures 33 and 34, 4.21.3 & Figure 57, 4.21.4 & Figure 37(b), 4.21.5 & Figure 37(b), 4.23.7, 4.25.2, and 9.2.2(6)(e).

d) Modifications: Within 90 days of the effective date of this Subagreement the Owner will: purchase and install fixed seats for the bathtubs which comply with Standards § 4.20.3; add a grab bar to the back of the bathtubs in the designated accessible rooms, as required by Standards § 4.20.4 and Figures 33 and 34; purchase and install fixed seats in the roll-in showers as required by Standards § 4.21.3 and Figure 57; modify the grab bars in the roll-in showers in accordance with 4.21.4 and Figure 37(b); modify the controls for the roll-in showers in accordance with 4.21.5 and Figure 37(b); modify the towel shelf in accordance with Standards §§ 4.23.7 and 4.25.2. Within 30 days of the effective date of this Subagreement, the Owner will move the furniture that obstructs the entrance to the bathroom as required by 9.2.2(6)(e).

7. Exterior Accessible Route

a) Non-compliant Features: Each leaf of the double doors leading from the Lobby to the Pool Terrace lacked sufficient clear opening width. The metal ramps to the doors on the exterior accessible route interfere with the maneuvering clearance for the doors and some lack edge protection. The ramps from the Patio elevation to the Lobby elevation, and from the Hall elevation to the Lobby elevation, lacked handrails on one side. Standards §§ 4.1.2(2), 4.3.1, 4.3.8, 4.3.9, 4.8.1, 4.8.5(1), 4.8.7, 4.13.4, 4.13.6 & Figure 25.

b) Modifications:

1) The Owner ensures that the clear opening width for each leaf of the double doors leading from the Lobby to the Pool Terrace complies with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 7(a) above.

2) Within 1 year of the effective date of this Subagreement, the Owner will install automatic or power assisted opening devices to doors on the exterior accessible route:

3) Within 1 year of the effective date of the Subagreement, the Owner shall provide edge protection for all ramps on the accessible route, in accordance with Standards § 4.8.7 and Figure 25. The Owner may add flared sides, in accordance with Standards § 4.7.5 and Figure 12(a), to achieve the required edge protection.

4) Within 1 year of the effective date of this Subagreement, the Owner will install a second handrail in compliance with all relevant provisions of the Standards, including, but not limited to, those listed above in paragraph 7(a), on the ramps from the Patio elevation to the Lobby elevation and from the Hall elevation to the Lobby elevation.

8. Lobby Restrooms

a) The entrance door into the men's restroom swings into the lavatory clear floor space, and the toilet stall door is improperly located. Standards §§ 4.1.3(11), 4.17.1, 4.17.3, 4.19.3,4.22.1, 4.22.2, and 4.22.4.

b) The entrance door into the women's restroom lacks sufficient pull-side maneuvering clearance. One of the toilet stall doors swings into the lavatory clear floor space, and an ambulatory toilet stall provided is not deep enough and has side grab bars that are too short. Standards §§ 4.1.3(11), 4.13.6, 4.22.1, 4.22.2, 4.22.4 & Figure 30, and 4.26.

c) By March 1, 1999 The Owner will modify the lobby restrooms to comply with all relevant provisions of the Standards, including, but not limited to, those listed in paragraphs 8(a) and 8(b) above.

9. Rear Restrooms

a) Non-compliant Features: In the men's restroom, the entrance door is too narrow and provides insufficient maneuvering space, one of the toilet stall doors is improperly located, and insufficient clear floor space is provided at the urinal. Standards §§ 4.1.3(11), 4.13.5, 4.17.1, 4.17.3, 4.18.1, 4.18.3, 4.22.1, 4.22.2, 4.22.4, and 4.22.5.

b) Non-compliant Features: In the women's restroom, the entrance door is too narrow and one of the toilet stall doors is improperly located and swings into the lavatory clear floor space. Standards §§ 4.1.3(11), 4.13.5, 4.17.1, 4.17.3, 4.19.3, 4.22.1, 4.22.2, and 4.22.4.

c) Modifications: By March 1, 1999, the Owner will install signage complying with sections 4.1.2(7)(d) and 4.30, at the rear restrooms, directing to the accessible lobby restrooms.

10. Signage

a) Non-compliant Features: The guest room signage did not have raised characters. Standards §§ 4.1.3(16)(a), 4.30.1, and 4.30.4.

b) Modifications: Prior to the Owner's purchase of the Hotel, signage with raised letters, in compliance with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 10(a) above, was installed at guest rooms.

11. The parties agree to comply with relevant provisions of the Primary Agreement between the United States and Bass Hotels & Resorts with regard to alternative dispute resolution.

12. In the event any party fails to comply with any requirement of this Subagreement without obtaining sufficient advance written agreement with the United States as to a temporary modification of the relevant terms of the Subagreement, all then applicable terms of this Subagreement shall become immediately enforceable in a United States District Court. Such failures to comply will be considered subsequent violations, within the meaning of Title III of the ADA.

13. This Subagreement is limited to the facts set forth in it. This Subagreement does not address or remedy any other ADA claims or other claims under Federal law at the Hotel, or by the signors to the Subagreement.

14. The effective date of this Subagreement is the date of the last signature below.

15. This Subagreement shall be binding on the Owner and Bristol, for as long as they continue to own or manage the Hotel, and their successors in interest, and each party has a duty to so notify all such successors in interest.

16. Signors of this Subagreement on behalf of the parties represent that they are authorized to bind those parties to this Subagreement.

For the United States:

______________________________

John L. Wodatch (date)
Renee Wohlenhaus
Bebe Novich
Attorneys
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202)616-2313

For H.I. Chat-Lem/Iowa-New Orleans Joint Venture:

______________________________

Lawrence D. Robinson (date)
Senior Vice President
and General Counsel
FelCor Lodging Trust Incorporated
545 E. John Carpenter Freeway, Suite 1300
Irving, TX 75062
(972) 444-4908

For Bristol Hotels & Resorts:

______________________________ Andrea D. Kay (date)

Vice President, Legal
Bristol Hotels & Resorts
14295 Midway Road
Addison, Texas 75001
(972) 391-3910

Received:

______________________________

(date)

Vice President, Worldwide
Reservations and Guest Relations
Bass Hotels & Resorts
Three Ravinia Drive, Suite 2000
Atlanta, GA 30346
(770) 604-2916

February 5, 2001