1. The parties to this Subagreement are the United States and Astrodomain Ventures L.P. (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, Astrodome, 8111 Kirby Drive, Houston, TX 77054(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 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 semi-annually, and all new employees will be trained in these issues when they begin employment.
6. Parking
a) Non-compliant Features: No van-accessible parking spaces are provided, and the accessible spaces lack access aisles and are not on an accessible route because curb cuts protrude into their access aisles. Standards §§ 4.1.2(5)(b), 4.6.3.
b) Modifications: Within 90 days from the effective date of this Subagreement, the Owner will restripe one parking space and access aisle so that the space and the aisle are each 96" wide, in compliance with Standards § 4.1.2(5)(b). In addition, within 90 days from the effective date of this Subagreement, the Owner will modify all curb ramps to ensure that they do not extend into parking access aisles, in compliance with § 4.6.3.
7. Elevator
a) Non-compliant Features: The floor buttons lacked Braille characters and a raised star symbol to identify the main floor. Standards § 4.10.12 & Figure 23(a).
b) Modifications: The Owner has modified elevators to have Braille control buttons. Within 90 days from the effective date of this Subagreement, the Owner will install a raised star symbol, in compliance with the provisions listed in paragraph 7a) above.
8. Entrance
a) Non-compliant Features: The slope of the entrance from the driveway may exceed the maximum slope allowed under the Standards. Standards §§ 4.7.2, 4.8.2.
b) Modifications: The Owner will measure the slope of the ramp and, if it exceeds 1:12, the Owner will reduce the slope of the ramp in accordance with Standards §§ 4.7.2 and 4.8.2, within 90 days of the effective date of this Subagreement.
9. Public Telephones
a) Non-compliant Features: Text telephones and/or telephones with volume controls are not provided. In addition, no shelf or outlet is provided for the use of a text telephone. Standards §§ 4.1.3(17), 4.31.5, 4.31.9.
b) Modifications: The Owner will use its best efforts to ensure that text telephones and telephones with volume controls are provided by Southwest Bell within 180 days of the effective date of this Subagreement. Within 90 days of the effective date of this Subagreement, the Owner will install a shelf and electric outlet, in compliance with all relevant provisions of the Standards, including, but not limited to, § 4.31.9, for use of a portable text telephone at the public phone bank. In addition, until permanent text telephones are installed at the public phone bank, the Owner will allow persons to use one of the hotel's portable text telephones, and the Owner will post signage notifying telephone users of this service at the public telephone bank, in compliance with all relevant provisions of the Standards, including, but not limited to §§ 4.30.2, 4.30.3, and 4.30.5.
10. Restaurant
a) Non-Compliant Features: Both entrances to the Sports
Page Bar are obstructed by steps. Standards §§ 4.1.3(8)(a), 4.3.8, 4.5.2.
b) Modifications: No later than May 1, 1999, the Owner will modify one entrance to the Sports Page bar to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 10a) above, §§ 4.1.2(7)(c) and 4.13. In addition, no later than May 1, 1999, the Owner will install signage at the remaining inaccessible entrance, indicating the direction to the accessible entrance. This signage will comply with all relevant provisions of the Standards, including, but not limited to, § 4.1.2(7)(c).
11. Public Toilet Rooms
a) Non-compliant Features: Lavatory counters were too high and lavatory pipes were not insulated. Standards §§ 4.19.2, 4.19.4.
b) Modifications: The Owner will ensure that all lavatory counters are no more than 34" from the finish floor, and that all hot water and drain pipes under lavatories are insulated or otherwise configured to protect against contact, in compliance with the provisions listed in paragraph 11a) above.
12. Signage
a) Non-compliant Features: Guest room signage is located improperly and lacks proper finish, contrast, and raised and Braille characters, and improperly includes the International Symbol of Accessibility. In addition, the public toilet room signage lacks proper finish and contrast, the International Symbol of Accessibility, and raised and Braille characters. Standards §§ 4.30.4, 4.30.5, 4.30.6, 4.1.2(7), 4.30.7.
b) Modifications: The Owner has modified the public toilet room signage to ensure that it includes raised and Braille characters, in compliance with all relevant provisions of the Standards, including, but not limited to, §§ 4.1.2(7) and 4.30.4. Within 90 days from the effective date of this Subagreement, the Owner will, with regard to guest room signage: replace signage to have a non-glare finish and raised letters that are between 5/8" and 2" high, in compliance with Standards § 4.30.4 and 4.30.5; re-mount signage to be located on the wall adjacent to the latch side of the door, in compliance with Standards § 4.30.6; replace Braille signage at any guest room from which it was removed; and remove the International Symbol of Accessibility from guest rooms. Standards §§ 4.1.2(7), 4.30.7. In addition, within 90 days of the effective date of this Subagreement, the Owner will install public restroom signage with proper finish and contrast, raised letters and Braille, and with the International Symbol of Accessibility, in compliance with 4.1.2(7), 4.30.3, 4.30.4.
13. 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.
14. 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.
15. 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.
16. The effective date of this Subagreement is the date of the last signature below.
17. 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.
18. 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 Astrodomain Ventures, L.P.
______________________________
Haider Alibhai (date)
Vice President
Astrodomain Ventures, L.P.
10777 Westheimer, Suite 1000
Houston, TX 77042
(713) 952-7800
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