1. The parties to this Subagreement are the United States and Impac Hotels I, LLC(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, Marietta, Georgia, 2255 Delk Road SE, Marietta, GA 30067(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. Guest Rooms
a) Non-compliant Features: The hotel had an insufficient number of guest rooms designated as accessible to persons with mobility impairments, and none of those rooms fully complied with the Standards. There were no rooms with roll-in showers, no rooms equipped for persons with hearing impairments, and the designated accessible rooms were not dispersed throughout various classes of sleeping accommodations the hotel offers. The designated accessible rooms had entrance doors that lack sufficient maneuvering clearance and door hardware that required tight grasping, pinching, or twisting of the wrist to operate. The telephones lacked volume controls, the closet shelves and clothes rods were mounted too high, and the electrical outlets were mounted too low. Standards §§ 9.1.2, 9.1.3, 9.1.4, 9.3.1, 4.2.5, 4.2.6, 4.13.1, 4.13.6, 4.13.9, 4.25.1, 4.25.3, 4.27.1, 4.27.3. and 4.31.5.
b) Modifications: The Owner has modified eight guest rooms to be accessible to persons with mobility impairments and hearing impairments, including 2 with roll-in showers. Within 180 days of the effective date of this Subagreement, the Owner will: (1) purchase 6 additional auxiliary aid kits, which include TDD's, visual alarms, and visual notification devices; (2) ensure that an additional 8 rooms have closed captioned television decoders, in compliance with 28 C.F.R. § 36.303(e) and volume-control telephones and proper electrical outlets, in compliance with Standards § 9.3.1; and (3) purchase 1 TDD to be maintained 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. The Owner will ensure that all accessible rooms comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 6(a) above, and that they will be dispersed among the among the various classes of accommodations the Hotel offers, in compliance with Standards § 9.1.4.
7. Guest Room Bathrooms
a) Non-compliant Features: The bathrooms in the guest rooms designated as accessible to persons with mobility impairments failed to comply with the Standards in the following ways: doors swung into the clear floor space at the toilets; unobstructed turning space in the bathroom was insufficient; toilets lacked grab bars and were not properly centered; flush controls and toilet paper dispensers were mounted in the wrong locations; lavatory knee and toe clearances were obstructed by the pipe and bowl; bathtubs lacked sufficient clear floor space and had improperly mounted grab bars and controls; and, towel bars and racks were not located on an accessible route. Standards §§ 4.16.1, 4.16.2, 4.16.4, 4.19.1, 4.19.2, 4.20.1, 4.20.2, 4.20.4, 4.20.5, 4.23.1, 4.23.2, 4.23.3, 4.23.4, 4.23.6, 4.23.8, 4.26.1, 4.26.2.
b) Modifications: The Owner has modified the bathrooms in all guest rooms designated as accessible to persons with mobility impairments to meet the provisions listed in paragraph 7(a) above. However, the modified roll-in showers do not comply with the Standards because the seat is in the wrong location. Within 180 days of the effective date of this Subagreement, the Owner will modify the roll-in showers to comply with Standards § 4.21.2 and Figure 57(a).
8. Parking
a) Non-compliant Features: Five of the designated accessible spaces lacked access aisles, three did not otherwise fully comply with the Standards, and none of the spaces were van accessible. Standards §§ 4.1.2(5) and 4.6 & Figure 9.
b) Modifications: The Owner has modified the parking area to provide a total of 7 accessible parking spaces and 2 van accessible spaces. Within 90 days of the effective date of this Subagreement, the Owner will install "van-accessible" signage, in compliance Standards § 4.6.4, at both van-accessible spaces.
9. Passenger Loading Zone
b) Non-compliant Features: The passenger loading zone lacks an access aisle and a sign displaying the International Symbol of Accessibility. Standards §§ 4.1.2(5)(c), 4.1.2(7)(b), 4.6.1, and 4.6.6 .
b) Modifications: Within 90 days of the effective date of this Subagreement, The Owner will modify the passenger loading zone to have an access aisle and signage bearing the International Symbol of Accessibility, in compliance with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 9(a) above.
10. Curb Ramps
a) Non-compliant Features: The curb ramp at the southeast corner of the building was too steep, and the curb ramp at the south building entrance had a transition that was not flush and free of abrupt changes. The north end curb ramp lacked flared sides. Standards §§ 4.1.2(1), 4.3.1, 4.3.8, 4.7.1, 4.7.2, and 4.7.5.
b) Modifications: The Owner has modified the curb ramps listed in paragraph 10(a) above, to comply with the provisions listed in that paragraph.
11. Protruding Objects
a) Non-compliant Features: The fire hose cabinets in several locations protruded more than 4 inches into the circulation paths without a cane-detectable barrier. Standards § 4.4.1.
b) Modifications: The Owner has modified the fire hose cabinets to extend to the floor, in compliance with all relevant provisions of the Standards, including, but not limited to, the provision listed in paragraph 11(a) above.
12. Entrance
a) Non-compliant Features: The clear floor space in the entrance vestibule, which divides the doors in a series that swing in the same direction, was too small. Standards §§ 4.1.3(7), 4.1.3(8), 4.13.1, and 4.13.7.
b) Modifications: The Owner has modified the entrance vestibule to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 12(a) above.
13. Elevators
a) Non-compliant Features: The elevators serving the guest rooms included the following inaccessible features: hallway call buttons mounted too high; lack of audible signals at hoistway entrances; lack of audible signals to notify of the passage of a floor and to distinguish "up" from "down"; lack of verbal annunciators; lack of raised floor designations on the elevator hoistway door jamb; lack of automatic door reopening devices, which are activated without contact; lack of raised and Grade 2 Braille characters immediately to the left of the buttons; lack of a raised star to designate the main entry floor; call buttons mounted too high; emergency controls mounted in the wrong location and too high; lack of a raised and Grade 2 Braille symbol and lettering to identify the communication system; an emergency phone cord that was too short, and an emergency communication system that was not usable without voice communication. Standards §§ 4.1.3(5), 4.10.1, 4.10.3, 4.10.4, 4.10.5, 4.10.6, 4.10.12, 4.10.14, 4.27, 4.30.1, 4.30.4, and 4.30.5.
b) Modifications: The Owner has modified the elevators serving the guest rooms to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 13(a) above.
14. Signage
a) Non-compliant Features: The hotel has no exit signs with raised letters and Grade 2 Braille. Signs that designate permanent rooms and spaces also did not have raised letters and Grade 2 Braille. The signs provided were mounted in the wrong location and the guest room signage was mounted too high. Standards §§ 4.1.3(16), 4.30.1, 4.30.4, 4.30.5, and 4.30.6.
b) Modifications: The Owner has modified the permanent signage listed in paragraph 14(a)above to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in that paragraph. Within 90 days of the effective date of this Subagreement, the Owner will install exit signs with raised lettering and Grade 2 Braille, in compliance with Standards § 4.30.
15. Conference Center Addition: Exterior Signage and Accessible Route
a) Non-compliant Features: At the Conference Center parking area, two designated accessible parking spaces lacked signage, and the two post-mounted signs at other designated accessible parking spaces could have been obstructed by a parked vehicle. The ramp from the main hotel to the Conference Center lacked handrails and had a landing that was too narrow. The ramp at the southeast corner of the building was too steep. Standards §§ 4.1.2(1), 4.1.2(2), 4.1.2(7)(a), 4.3, 4.6.1, 4.6.4, 4.8.1, 4.8.2, 4.8.4, and 4.8.5.
b) Modifications: The Owner has modified the Conference Center's parking area, ramp from the main hotel, and ramp at the Center's southeast corner to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 15(a) above. Within 90 days from the effective date of this Subagreement, the Owner will ensure that the curb ramp at the Center's southeast corner does not exceed allowable slope, in compliance with Standards §§ 4.7.2 and 4.8.2.
16. Conference Center Addition: Interior Signage and Vending Machines
a) Non-compliant Features: The directional signs to the Conference Center were less than 3" high, and the vending machines in an alcove had insufficient maneuvering space. Standards §§ 4.1.3(16)(b), 4.2.4.1, 4.2.4.2, 4.30.1, and 4.30.3.
b) Modifications: The Owner has modified the directional signs and vending machines to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 16(a) above.
17. Conference Center Addition: Toilet Rooms
a) Non-compliant Features: The toilet rooms had entrance doors that did not have sufficient maneuvering clearance on the pull side, and no toilet stall complied with the requirements in Figure 30(a). The grab bar length in one of the toilet stalls was incorrect, and the flush control on the toilet in this stall is not properly positioned. Urinal rims were mounted too high and were not elongated, lavatories lacked knee and toe clearance, and paper towel dispensers are mounted too high. Standards §§ 4.1.3(11), 4.13.1, 4.13.6, 4.16.5, 4.17.1, 4.17.3, 4.17.6, 4.18.1, 4.18.2, 4.19.1, 4.19.2, 4.22.1, 4.22.2, 4.22.4, 4.22.5, 4.22.6, 4.22.7, 4.27.1, and 4.27.3.
b) Modifications: The Owner has modified the Conference Center's toilet rooms. Within 90 days of the effective date of this Subagreement, the Owner will further modify the toilet rooms to meet all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 17(a)above, and to ensure that: the flush control on the accessible urinal is no higher than 44 inches from the floor; toilet flush controls do not interfere with the use of back wall grab bars; toilet paper dispensers are placed on the stall wall nearest the toilet; and seat cover dispensers are mounted at an accessible height. Standards §§ 4.18.4, Figure 29, Figure 30(a) & (d), and 4.22.7.
18. Alarms
a) Non-compliant Features: No visual alarms were provided in public and common use toilet rooms, as well as in many other common use areas within the hotel facility. Visual signal appliances were positioned more than 50 feet from any point within portions of rooms, spaces, corridors, and hallways. Standards §§ 4.1.3(14), 4.28.1, and 4.28.3.
b) Modifications: The Owner has modified the alarm system to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 18(a) above.
19. 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.
20. 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.
21. 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.
22. The effective date of this Subagreement is the date of the last signature below.
23. 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.
24. 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 Impac Hotels I, LLC:
______________________________ (date)
Robert Cole
President
3445 Peachtree Road, N.E.
Suite 700
Atlanta, Georgia 30067
(Phone)
Received:
______________________________(date)
Vice President, Worldwide
Reservations and Guest Relations
Bass Hotels & Resorts
Three Ravinia Drive, Suite 2000
Atlanta, GA 30346
(770) 604-2916
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Bass Hotels and Resorts, Inc.
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February 8, 1999