1. The parties to this Subagreement are the United States and Gatlinburg Hotel Company (the "Owner").
2. Listed in the Specific Remedies Section below are architectural barriers to access (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, Gatlinburg, Tennessee, 520 Airport Road, Gatlinburg, Tennessee 37738 (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: The Owner will ensure that all Hotel employees are trained regarding all ADA Title III 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 no less than annually, and all new employees will be trained in these issues when they begin employment.
6. Guest Rooms
a) Non-compliant Features: The designated accessible guest rooms did not have accessible routes to the sleeping area and the bathroom. Standards §§ 4.3, 9.2.2 (6)(c), 9.2.2 (6)(e).
b) Modifications: The Owner will ensure that, within 6 months of the effective date of this Subagreement, all designated accessible guest rooms have accessible routes to the sleeping area and to the bathroom in compliance with all relevant provisions of the Standards including, but not limited to, the provisions listed in paragraph 6(a) above.
7. Accessible Route from Lobby to Designated Accessible Room 311
a) Non-Compliant Features: The interior accessible route from the lobby area to room 311, a designated accessible room, lacks directional signage. Standards §§ 4.1.2(7), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
b) Modifications: The Owner will install directional signage indicating the accessible route from the lobby area to room 311 within 90 days of the effective date of this Subagreement. The signage shall comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed above in paragraph 7(a).
8. Parking
a) Non-compliant Features: The parking lot has an insufficient amount of spaces designated as accessible, and it has none designated as van accessible. Standards § 4.1.2(5), 4.6.4, 4.6.5.
b) Non-compliant Features: The designated accessible parking space on the south side of the Holidome lacks a designated access aisle. Standards §§ 4.1.2(5)(a), 4.6.3 & Figure 9.
c) Non-compliant Features: The designated accessible parking space behind the Holidome lacks an access aisle, and the cross slope for the parking space is greater than 1:50. Standards §§ 4.1.2(5)(a), 4.6.3 & Figure 9.
d) Non-compliant Features: The designated accessible parking space on the north Side of the Holidome lacks an access aisle, and the slope of the curb ramp exceeds 1:12. Standards §§ 4.1.2(5)(a), 4.6.3 & Figure 9, 4.7.2, 4.8.2.
e) Non-compliant Features: The curb ramp for the designated accessible parking space to the left of the main entrance projects into the access aisle and lacks flared sides. Standards §§ 4.6.3, 4.7.5 & Figure 12.
f) Non-compliant Features: The designated accessible parking space in front of room 311 lacks an access aisle. Standards
§§ 4.1.2(5)(a), 4.6.3 & Figure 9.
g) Non-compliant Features: The curb ramp for the designated accessible spaces in front of room 631 extends into the access aisle, lacks flared sides, and has a slope that exceeds 1:12. Standards §§ 4.6.3, 4.7.2, 4.7.5 & Figure 12, 4.8.2.
h) Modifications: Within 6 months of the effective date of this Subagreement, The Owner will:
1) modify the Hotel's parking area to have the number of accessible and van-accessible spaces required by § 4.1.2(5) of the Standards; and
2) modify the parking area, including the designated accessible spaces, the access aisles, curb ramps, and the routes from the accessible spaces to the closest accessible Hotel entrance, to comply with all relevant provisions of the Standards, including but not limited to, the provisions listed in paragraphs 8(a)-(g) above, and, generally Standards §§ 4.1.2(5), 4.3, and 4.6.
9. 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.
10. In consideration for this Subagreement, the United States agrees to refrain from filing any lawsuits with respect to the matters encompassed by this Subagreement, unless the Owner fails to comply, as described in paragraph 11 below.
11. 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.
12. 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.
13. The effective date of this Subagreement is the date of the last signature below.
14. This Subagreement shall be binding on the parties and their successors in interest, and each party has a duty to so notify all such successors in interest.
15. 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 Gatlinburg Hotel Company:
______________________________ (date)
Pace Cooper
General Partner
Gatlinburg Hotel Company, L.P.
1407 Union Avenue
Memphis, Tennessee 38104
(901) 725-9631
Received:
______________________________
(date)
Vice President, Worldwide
Reservations and Guest Relations
Bass Hotels & Resorts
Three Ravinia Drive, Suite 2000
Atlanta, GA 30346
(770) 604-2916
February 8, 1999