SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA AND

ARAMARK SPORTS AND ENTERTAINMENT SERVICES, INC.,

THE OWNER AND OPERATOR OF MCKINLEY CHALET RESORT

IN DENALI PARK, ALASKA,

UNDER THE AMERICANS WITH DISABILITIES ACT

DJ# 202-6-12

BACKGROUND

1. This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12181-12189, with the United States Department of Justice (“the Department”), against ARAMARK Sports and Entertainment Services, Inc. (“ARAMARK”), who owns and manages McKinley Chalet Resort, Denali Park, Alaska (“the Resort”). The complainant alleged that the Resort was inaccessible to persons with mobility impairments and other disabilities.

2. The Attorney General is authorized to enforce title III of the ADA by requiring public accommodations to remove barriers to access when doing so is readily achievable. 42 U.S.C. § 12188(a)(2). In addition, the Attorney General may commence a civil action to enforce title III in any situation where the Attorney General believes a pattern or practice of discrimination exists or a manner of general public importance is raised. Id. at § 12188(b)(1)(B).

3. The McKinley Chalet Resort is a place of lodging, providing 345 separate sleeping rooms for guests, and, as such, is a place of public accommodation under title III of the ADA. 42 U.S.C. § 12181(7)(A). Much of the Resort was designed and constructed before the effective date of the ADA. Parts of the Resort have been altered since then. Building # 1 and the Cottonwoods are newly constructed. Courtyard Cafe is an existing facility with a newly constructed ramp.

4. ARAMARK owns and manages the McKinley Chalets and, as such, is a public accommodation covered by title III. 28 C.F.R. § 36.104.

5. ARAMARK agrees to make the modifications listed below to bring its facility into compliance with barrier removal, new construction, and alterations provisions of title III. In light of this Settlement Agreement (“Agreement”), ARAMARK and the Department of Justice (together hereinafter referred to as the “Parties”) have determined that complaint 202-6-12 can be resolved without litigation and have prepared and agreed to these terms.

REMEDIAL ACTIONS

6. Building # 1- Main Lobby Area (New Construction). ARAMARK agrees to take the following actions by May 1, 2004:

a. Exterior Entrance to the Deck by the Bar

(1) There is no directional sign at the inaccessible entrance and the accessible entrance is not identified. Provide directional signage indicating the location of the accessible entrance; install a sign using the International Symbol of Accessibility to designate the accessible entrance. Standards §§ 4.1.2(7)(c), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7(1).

(2) There is a 2 1/2 inch change in level at the threshold to the door. Provide a change in level that is no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.1.3(7)(a), 4.1.3(7), 4.13.8, 4.5.2, 4.8.

b. Women’s Toilet Room

(1) The toilet room identification sign is mounted on the door. Provide a sign using raised letters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The pressure required to open the women’s room door is 10 pounds. Adjust the door closer so that the force required to open the door is no more than 5 pounds. Standard § 4.13.11(2)(b).

(3) The control for the feminine products dispenser in the women’s room is 51 1/2 inches above the floor. Provide a dispenser that has its highest operable part no more than 48 inches above the finish floor for a forward reach or, if that is not available, no more than 54 inches for a side reach. Standards §§ 4.27.3, 4.2.5, 4.2.6.

(4) The space between the wall and the continuous grab bar in the stall designated for persons with disabilities is 2 1/2 inches to 1 1/2 inches. Provide a grab bar so that the space between the wall and the bar is exactly 1 1/2 inches throughout. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2 & Fig. 39(e).

c. Men’s Toilet Room

(1) The toilet room identification sign is mounted on the door. Provide a sign using raised letters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The pressure required to open the men’s room door is 10 pounds. Adjust the door closer so that the force required to open the door is no more than 5 pounds. Standard § 4.13.11(2)(b).

(3) The toilet flush valve is on the closed side of the toilet stall designated for persons with disabilities. Provide a control on the open, or wide side of the toilet stall or install an automatic flush device. Standards §§ 4.1.3(11), 4.22.4, 4.17.2, 4.16.5.

(4) The toilet paper dispenser is located 40 inches from the back wall in the toilet stall designated for persons with disabilites. Provide a dispenser so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall and with its centerline no less than 19 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d), 4.2.6.

(5) The space between the wall and the continuous grab bar is 2 1/2 inches to 1 1/2 inches. Provide a grab bar so that the space between the wall and the bar is exactly 1 1/2 inches throughout. Standards §§ 4.1.3(11), 4.22.4, 4.17.6, 4.26.2 & Fig. 39(e).

(6) The height of the flush control on the lower urinal is 47 inches high above the finished floor surface. Mount the flush control so that it is 44 inches or less above the finished floor, or install an automatic flush control. Standard § 4.16.5.

d. Drinking Fountains

(1) The spout’s water flow height is 1 inch. Provide a flow of water at least 4 inches high so as to allow the insertion of a cup or glass under the flow of water. Standard § 4.15.3.

(2) There is a drinking fountain that is accessible to people who use wheelchairs, but not one that is accessible to people who have difficulty bending or stooping. Provide a permanently-installed cup dispenser next to the drinking fountain (to accommodate those who have difficulty bending or stooping). Standard § 4.1.3(10)(a).

e. Gift Shop

(1) The stairs leading to the upper level have open risers. Provide steps with closed risers. Risers shall be sloped or the underside of the nosing shall have an angel not less than 60 degrees from the horizontal.Standard § 4.9.2 and Fig. 18.

7. Building A (Existing Building). ARAMARK agrees to take the following actions by May
1, 2005:

a. Path of Travel from Lobby of Building #1 to Building A

(1) There is a 1/2 inch rise at a right angel turn on the boardwalk to the guest room area. Provide a route with a change in level with a slope no greater than 1:2. Standard §4.5.2 & Fig. 7.

(2) There are new sprinkler pipes overhead at the entrance of the walkway to Building A that are protruding at 72 inches above the finished floor on the right hand side and 46 inches above the finished floor on the left hand side. Alter the pipes so that their leading edges between 27 inches and 80 inches above the finished ground surface protrude no more than 4 inches into the path of travel. Standard §4.4.1 & Fig. 8(a).

b. Guest Rooms 102, 103, and 104

(1) There is a 1 1/4 inch change in level at the threshold of each room. For each room, provide a threshold so that the change is no greater than 1/4 inch, or is no greater than 1/2 inch and beveled with a slope no greater than 1:2. Standards §§ 4.13.8, 4.5.2.

(2) There is a lack of clear width maneuvering space on the side of the bed next to the wall in each room. Provide a 36 inch clear width along both sides of the beds in each room. Standard § 9.2.2 (1).

(3) There is a clothes hanging bar and shelf mounted on the wall near the bed in each room. Provide a hanging bar and shelf in each room with the required clear floor space and that are mounted within reachable heights as specified in Standard § 4.25 and Figure 38. Standard § 4.4.1 & Fig. 8(a).

(4) There are coat hooks that protrude from the wall along the path of travel between each bedroom and the room’s entry door. Provide coat hooks in each room that do not protrude more than 4 inches into the path of travel, or ensure that they are cane-detectable. Standard § 4.4.1 & Fig. 8(a).

(5) The only source of temperature control in each room is a baseboard heater at floor level. Provide temperature controls in each room that are within the permissible reach ranges of 15 to 48 inches for a forward reach or 9 to 54 inches for a side reach. Standards §§ 9.2.2(5), 4.27.1, 4.27.3, 4.2.5, 4.2.6.

(6) The baseboard heater requires tight grasping, pinching, or twisting of the wrist. Provide heating controls in each room that are easily operable with one hand and do not require tight grasping, pinching or twisting of the wrist. Standards §§ 9.2.2(5), 4.27.1, 4.27.4.

(7) There is a built-in lamp alongside the wall at the head of the bed in each room which has a switch that requires tight grasping, pinching, and twisting of the wrist. In each, provide a switch for the lamp that does not require tight grasping, pinching, or twisting of the wrist. Standards §§ 9.2.2(5), 4.27.1, 4.27.4.

c. Bathrooms in Guest Rooms 102, 103, and 104

(1) The doors to the bathrooms in each room have sliding door hardware. In each, provide hardware that is easy to grasp with one hand and does not require tight grasping, tight pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards §§ 4.1.3(7)(b), 4.13.9.

(2) The side grab bars at the toilets do not extend at least 54 inches from the back walls. In each room, provide a side grab bar at the toilet so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(b).

(3) The rear grab bars at the toilets are 24 inches long. In each room, provide a rear grab bar at the toilet that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.16.4 & Fig. 29(a).

(4) The height of the side grab bars and rear grab bars at the toilets is 38 inches above the finished floor. In each room, provide a side grab bar and rear grab bar at the toilet that are 33 to 36 inches above the finished floor. Standards §§ 4.1.3(11), 4.22.4., 4.16.4 & Fig. 29(b).

(5) There are no grab bars on the walls at the foot of the bathtubs. In each room, provide a grab bar at the foot of the tub that is mounted closer to the point of entry, above the control panel, as illustrated in the Standards. Standards §§ 9.2.2(6)(e), 4.20.3 & Figs. 33, 34.

(6) There are no second parallel grab bars mounted on the back walls of the bathtubs. In each room, provide a bar at least 24 inches long that is mounted 9 inches above the tub rim. Each grab bar should start no more than 12 inches from the control wall at the foot of the tub. Standards §§ 4.20.1, 4.20.4 and Figs. 33, 34.

8. Courtyard Café (Building #2) (Entrance and ramp are altered; building and interior
elements are existing). ARAMARK agrees to take the following actions by May 1, 2005:

a. Front Entrance Ramp

(1) The landing at the bottom of the ramp is 48 inches long. Provide a landing at least 60 inches long. Standards §§ 4.1.(3), 4.1.6 (h).

(2) The ramp has no handrails. Provide handrails on both sides of the ramp that are between 34 and 38 inches high, have extensions of at least 12 inches beyond the top and bottom of the ramp segment, and have ends that are rounded or returned to the floor, wall, or post and that otherwise comply with the Standards. The diameter or width of the gripping surfaces of the handrails shall be 1 1/4 inches to 1-1/2 inches, or the shape shall provide an equivalent gripping surface. If handrails or grab bars are mounted adjacent to a wall, the space between the wall and grab bar shall be 1-1/2 inches. Handrails may be located in a recess if the recess is a maximum of 3 inches deep and extends at least 18 inches above the top of the rail. Standards §§ 4.1.6 (h), 4.3.7, 4.8.5, 4.26, and Fig. 39.

b. Entrance

(1) There is a one inch change in level at the threshold to the entrance door. Provide a threshold so that the change in level is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway. Standards §§ 4.1.3(7)(a), 4.1.3(7), 4.13.8, 4.5.2, 4.8, Fig. 25, 4.13.6.

c. Drinking Fountain

(1) There is a drinking fountain that is not accessible to people who use wheelchairs. Provide a permanently-installed cup dispenser next to the drinking fountain within acceptable reach ranges. Standard § 4.1.3(10)(a),4.15.

d. Men’s Toilet Room

(1) The toilet room identification sign is mounted on the door. Provide a sign with the International Symbol of Access and with raised letters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The pressure required to open the men’s toilet room door is 13 pounds. Adjust the door closer so that the force required to open the door is no more than 5 pounds. Standard § 4.13.11(2)(b).

(3) The door lacks the 18 inch minimum maneuvering clearance on the pull side. Provide minimum maneuvering clearance space in front of the door as shown in Fig. 25(a) or provide an automatic door opener. Standards § 4.13.6, 4.22.3, 4.2, 4.3, 4.19.3 & Fig. 25(a).

(4) There is a hand air dryer in front of the lavatory and the entry door swings into the clear floor space required at the lavatory. Provide and maintain a clear floor space of 30 inches by 48 inches in front of and under the lavatory. Standards §§ 4.22.6, 4.19.3 & Fig. 32; 28 C.F.R. § 35.133.

(5) In the stall designated for persons with disabilities, the centerline of the toilet is 20 1/2inches from the side wall. Provide a toilet with a centerline that is exactly 18 inches from the side wall. Standards §§ 4.22.4, 4.17.3 & Fig. 30(a), (a-1).

(6) In the stall designated for persons with disabilities, the toilet paper dispenser is located above the grab bar and interferes with the usage of the bar. Provide a dispenser under the grab bar so that there is a minimum of 1-1/2 inches between the bottom of the grab bar and the top of the dispenser and the centerline of the toilet paper dispenser is a minimum of 19 inches above the finished floor and 36 inches maximum from the rear wall. Standards §§ 4.22.4, 4.17.6 and Fig. 30(d), 4.26.2.

(7) In the stall designated for persons with disabilities, the toilet’s side grab bar extends 49 1/2 inches from the back wall. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 42 inches long, and the end farthest from the back wall is located at least 54 inches from the back wall. Standards §§ 4.22.4., 4.17.6 & Fig. 30(a), (c), and (d).

(8) In the stall designated for persons with disabilities, the space between the side grab bar and the tank top is 3/4 inches. Provide a side grab bar so that the space between the tank top and the bar is at least 1 1/2 inches. Standards §§ 4.22.4, 4.17.6, 4.26.2 & Fig. 39(e).

e. Women’s Toilet Room

(1) The toilet room identification sign is mounted on the door. Provide a sign with the International Symbol of Access and with raised letters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The pressure required to open the women’s toilet room door is 11 pounds. Adjust the door closer so that the force required to open the door is no
more than 5 pounds. Standard § 4.13.11(2)(b).

(3) The door lacks the 18 inch minimum maneuvering clearance on the pull side. Provide minimum maneuvering clearance space in front of the door as shown in Fig. 25(a) or provide an automatic door opener. Standard § 4.13.6 & Fig. 25(a).

(4) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. Standards §§ 4.22.6, 4.19.4.

(5) In the toilet stall designated for persons with disabilities, the stall door’s handle is not accessible. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and
U-shaped handles are acceptable designs. Standards §§ 4.17.5, 4.13.9.

(6) The clear floor space inside the toilet stall designated for persons with disabilities is 56 inches wide. Provide a minimum clear floor space that is at least 60 inches wide. Standards §§ 4.22.4, 4.17.3 & Fig. 30(a) or (a-1), Fig. A6.

(7) The centerline of the toilet in the stall designated for persons with disabilities is 21 inches from the side wall. Provide a toilet with a centerline that is exactly 18 inches from the side wall. Standards §§ 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30 (a) or (a-1).

(8) The toilet flush valve is on the narrow side of the toilet stall designated for persons with disabilities. Provide a control on the open, or wide side of the toilet stall or install an automatic flush device. Standards §§ 4.22.4, 4.17.2, 4.16.5.

(9) The toilet paper dispenser is on the wrong side of the stall designated for persons with disabilities. Provide a dispenser so that it is within reach as shown in Fig. 30(d). The farthest edge of the toilet paper roll should be no more than 36 inches from the back wall and with its centerline no less than 19 inches above the finished floor. Standards §§ 4.22.4, 4.17.3 & Fig. 30(d).

(10) The side grab bar extends 51 inches from the back wall of the toilet stall designated for persons with disabilities. Provide a side grab bar so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. Standards §§ 4.22.4., 4.17.6 & Fig. 30(d).

(11) The space between the wall and the rear grab bar in the toilet stall designated for persons with disabilities is 2 inches. Provide a rear grab bar so that the space between the wall and the bar is exactly 1 1/2 inches throughout. Standards §§ 4.22.4, 4.17.6, 4.26.2 & Fig. 39(e).

(12) The coat hook in the toilet stall designated for persons with disabilities is mounted 66 inches high on the stall door. Provide a coat hook that is no more than 54 inches above the finished floor for a side reach or 48 inches for a forward reach. Standards §§ 4.1.3.(11). 4.22.7, 4.27.3, 4.2.5, 4.2.6..

f. Public Telephones

(1) The lower public telephone does not comply with § 4.1.3(17) and has insufficient clear ground space in front for a forward reach by a person using a wheelchair. Provide a public telephone that has hearing aid compatibility and volume control with signage and provide clear ground space of at least 30 inches by 48 inches that allows either a forward or side reach. Standards §§ 4.31.2 through 4.31.8, 4.2.4.1, 4.2.4.2, 4.2.5, 4.2.6.

9. Lynx Stop (New). ARAMARK agrees to take the following actions by May 1, 2004:

a. Parking

(1) The Lynx Stop has a parking lot that is not striped, the sign designating a space as reserved for persons with disabilities is too low and the accessible parking space is not identified as van-accessible. Provide at least one 96-inch wide parking space served by an access aisle at least 96 inches wide, with a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.

(2) The Lynx Stop and its vending machines are not accessible to persons who use wheelchairs due to the steps leading up to the facility. Establish an accessible route from the accessible parking spaces to the facility that is firm, stable, and slip resistant. Standards §§ 4.1.2(2), 4.3, 4.5.

10. Cabin Nite (Existing). ARAMARK agrees to take the following actions by May 1, 2005:

a. Entrance Ramp

(1) There is no directional signage at the entrance to Cabin Nite that identifies the accessible ramp to the entrance. Provide directional signage indicating the location of the accessible ramp at the general public entrance and at the ramp entrance. Standards §§ 4.30.1, 4.30.2, 4.30.3, 4.30.5.

(2) The ramp is 27 inches wide in the middle near the support column. Provide an accessible route that is consistently at least 36 inches wide. Standards §§ 4.3.3, 4.4.2; 28 C.F.R. § 35.133.

(3) There are no handrails that comply with the ADA Standards on the entrance ramp. Install handrails on both sides of the ramp that are between 34 and 38 inches high, have extensions of at least 12 inches beyond the top and bottom of the ramp segment, and have ends that meet the size and spacing requirements of Fig. 39. The diameter or width of the gripping surfaces of a handrail or grab bar shall be 1 1/4 inches to 1-1/2 inches, or the shape shall provide an equivalent gripping surface. If handrails or grab bars are mounted adjacent to a wall, the space between the wall and grab bar shall be 1-1/2 inches. Handrails may be located in a recess if the recess is a maximum of 3 inches deep and extends at least 18 inches above the top of the rail. Standards §§ 4.1.3(1), 4.3.7, 4.8.5, 4.26, and Fig. 39.

(4) The slope of ramp ranges from 4.5 degrees to 5.5 degrees. Provide a ramp with a maximum slope of 1:12. Standard § 4.8.2 and Fig. 16.

b. Women’s Toilet Room

(1) The toilet room sign is not accessible. Install a sign with the International Symbol of Access and with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The door in the toilet room would not open all the way. Provide a door with a minimum clear opening width of at least 32 inches measured from the face of door to the opposite door stop with the door open 90 degrees. Standards §§ 4.13.5 & Fig.24.

(3) The door of the toilet room sticks on the floor making it difficult to open 90 degrees. Provide a door that requires no more than 5 pounds of force to open to 90 degrees. Standards §§ 4.1.3(7)(b), 4.13.11(2)(b).

(4) The door in the toilet room has round knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards §§ 4.13.9.

(5) The door lacks the 12 inch maneuvering clearance on the push side. Provide minimum maneuvering clearance space in front of the door as shown in Fig. 25. Standards § 4.13.6 & Fig. 25(a).

(6) The path of travel to the toilet room is constricted by the placement of a gold sluice artifact. Provide an accessible route to the toilet room with at least 36 inches of width. Standards §§ 4.22.1, 4.2.1.

(7) The door lacks the 18 inch minimum maneuvering clearance on the pull side. Provide minimum maneuvering clearance space in front of the door as shown in Fig. 25(a) or provide an automatic door opener. Standards § 4.13.6 & Fig. 25(a).

(8) The mirror is mounted with its bottom edge of the reflecting surface too high above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.22.6, 4.19.6.

(9) The cabinet-style lavatory has inadequate knee clearance. Provide a minium knee clearance that is at least 8 inches deep and 27 inches above the finished floor. Standards §§ 4.22.6, 4.19.2 & Fig. 31.

(10) The stall designated for persons with disabilities has a clear floor space that is 54 inches wide and 56 inches deep. Provide a minimum clear floor space that is at least 60 inches wide and 59 inches deep (56 inches if the toilet is wall-mounted). Standards §§ 4.22.4, 4.17.3 & Fig. 30(a), Fig. A6.

(11) The coat hook in the stall designated for persons with disabilities is mounted 64 inches high on the stall door. Provide a hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach. Standards §§ 4.25.3, 4.2.5, 4.2.6.

(12) The seat cover dispenser installed in the stall designated for persons with disabilities is 58 inches and requires a forward reach. Provide a dispenser with its highest operable part within reach ranges specified in §§ 4.2.5 and 4.26. Standards §§ 4.27.2, 4.27.3, 4.27.4.

(13) The toilet flush control height in the toilet stall designated for persons with disabilities is too high. Provide a control with a height of 44 inches or less. Standard § 4.16.5.

(14) There is no rear grab bar provided in the toilet stall designated for persons with disabilities. Provide a rear grab bar that is at least 36 inches long with the end closer to the side wall mounted no more than 6 inches from the side wall. Standard § 4.17.6 and as shown in Figs. 30(a) and (c).

(15) The toilet’s side grab bar in the stall designated for persons with disabilities does not extend at least 52 inches from the back wall. Provide a side grab so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. Standards §§ 4.1.3(11), 4.22.4., 4.17.6 & Fig. 30(d).

(16) There are audible alarms provided within the facility. Provide a visual alarm appliance in this toilet room. Standards § 4.28.1.

(15) The lavatory faucet requires grasping of the handle to turn the water on. Provide a faucet that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs. Standards §§ 4.22.6, 4.19.5.

d. Men’s Toilet Room

(1) The toilet room sign is not accessible. Install a sign with the International Symbol of Access and with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the ground. Standards §§ 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The door in the toilet room has round knob hardware. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards § 4.13.9.

(3) The door lacks the 12 inch maneuvering clearance on the push side. Provide minimum maneuvering clearance space in front of the door as shown in Fig. 25. Standards § 4.13.6 and Fig. 25.

(4) The path of travel to the toilet room is constricted by the placement of a gold sluice artifact. Provide an accessible route to the toilet room with at least 36 inches of width. Standards §§ 4.22.1, 4.2.1.

(5) The door lacks the 18 inch minimum maneuvering clearance on the pull side. Provide minimum maneuvering clearance space in front of the door as shown in Fig. 25(a) or provide an automatic door opener.
Standard § 4.13.6 & Fig. 25(a).

(6) The mirror is mounted with its bottom edge of the reflecting surface too high above the finished floor. Provide a mirror that is mounted with the bottom edge of the reflecting surface no higher than 40 inches above the finished floor. Standards §§ 4.22.6, 4.19.6.

(7) The cabinet-style lavatory lacks adequate knee clearance. Provide a minium knee clearance that is at least 8 inches deep and 27 inches above the finished floor. Standards §§ 4.22.6, 4.19.2 & Fig. 31.

(8) The only stall has a clear floor space that is 54 inches wide and 56 inches deep. Provide a minimum clear floor space that is at least 60 inches wide and 59 inches deep (56 inches if the toilet seat is wall-mounted).
Standards §§ 4.22.4, 4.17.3 & Fig. 30(a), Fig. A6.

(9) The coat hook is mounted too high on the stall door. Provide a hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach. Standards §§ 4.25.3, 4.2.5, 4.2.6.

(10) The operable part of the seat cover dispenser is installed 58 inches above the finished floor and requires a forward reach. Provide a dispenser with its highest operable part within reach ranges specified in
Standards §§ 4.2.5 and 4.26. Standards §§ 4.27.2, 4.27.3, 4.27.4.

(11) The toilet’s flush control height is too high. Provide a control with a height of 44 inches or less. Standard § 4.16.5.

(12) The height of the toilet’s side grab bar is 40 inches above the finished floor. Provide a side grab bar that is 33 to 36 inches above the finished floor. Standards §§ 4.22.4., 4.17.6 & Fig. 30(d).

(13) The toilet’s side grab bar does not extend at least 52 inches from the back wall. Provide a side grab so that the end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and the end farthest from the back wall is located at least 52 inches from the back wall. Standards §§ 4.22.4., 4.17.6 & Fig. 30(d).

(14) There is no rear grab bar provided in the toilet stall. Provide a 36 inch minimum grab bar that starts no more than 6 inches from the side wall. Standards § 4.17.6 and Figs. 30(a) and (c).

(15) There are audible alarms provided within the facility. Provide a visual alarm appliance in the toilet room. Standards § 4.28.

(15) The lavatory faucet requires grasping of the handle to turn the water on. Provide a faucet that does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs. Standard § 4.13.9.

e. Dining Facility

(1) The top of the sales counter is 42 inches above the finished floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high; or provide an auxiliary counter with a maximum height of 36 inches; or provide equivalent facilitation (e.g., by offering those services at an accessible location for individuals who use wheelchairs). Standard § 7.2(2).

(2) There is an audible alarm provided. Provide a visual alarm appliance
as well. Standards §§ 4.1.3(14), 4.28.

11. Cottonwoods (New Construction). ARAMARK agrees to take the following actions by May 1, 2005:

a. Parking

(1) The Cottonwoods has a parking lot that is not striped, the sign designating a space as reserved for persons with disabilities is too low and the accessible parking space is not identified as van-accessible. Provide at least one 96-inch wide parking space served by an access aisle at least 96 inches wide, with a sign designating the space as “van-accessible” mounted below the symbol of accessibility in a location that cannot be obscured by a vehicle parked in the space. Standards §§ 4.1.2(5)(b), 4.6.4.

(2) There is a cross slope in the “disabled” parking space exceeding 1:50. Swap the disabled space with the “guest parking only” space (where it is more level) in order to eliminate the problem with the existing slope. The path of travel from the parking lot to Cottonwoods is level except the last 32 inches where the path slopes up to the front entrance door landing. The cross slope is part of the path also exceeds the minimum permitted for a slope run. Provide an accessible route with a running slope of 1:20 or more, or a minimum of 1:12 with handrails provided on both sides. Cross slope shall not exceed 1:50. Standards §§ 4.1.2(5)(a), 4.6.3.

(3) The accessible route leading to the Cottonwoods building has a slope greater than 1:20 in some places and is, therefore, considered a ramp. Provide all ramp elements that are required by the Standards, including appropriate slope and rise, 60 inch minimum length landings at the bottom and top of each ramp, handrails, cross slope and surfaces, edge protection, and outdoor conditions. Standards §§ 4.1.3(1), 4.3.7, 4.8 & Figs. 16, 17, 4.26.

b. Rear Entrance

(4) There is a 1 3/4 inch change in level at the threshold to the door. Alter this threshold so that the change is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door. Standards §§ 4.1.3(7)(a), 4.1.3(7), 4.13.8, 4.5.2, 4.8, Fig. 25, 4.13.6.

(5) The picnic areas at the rear entrance are not accessible because of the surface of the ground on which they are situated and the lack of an accessible route from the rear entrance to the picnic tables. Provide or add a picnic table on the concrete landing by the rear entrance. Standards §§ 4.1.2(2), 4.3, 4.5.

c. Interior Elements

(1) The head room is low in the foyer underneath the steps. Provide a barrier to warn blind or visually impaired persons where the head room is less than 80 inches clear. Standards §§ 4.1.3(2), 4.4.2.

(2) The stairway has handrails that do not extend beyond the bottom of the stairs Provide handrails that extend at least 12 inches beyond the of the stairs. Standards §§ 4.1.3(1), 4.3.7, 4.8.5(2).

(3) The permanent room number signage does not have Braille. Provide a sign so that it has raised characters and Braille and is mounted on the latch side of the door so that its centerline is 60 inches above the finished floor and a person can approach within 3 inches of signage without encountering protruding objects or standing within the swing of a door. Additionally, the characters shall be in san serif type and in contrast with their background. Standards §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

d. Guest Rooms 721 and 723

(1) There is a lack of clear width maneuvering space along both sides of the double and single beds. Move the beds apart in order to provide a 36 inch clear width between the beds in each room. Standard § 9.2.2 (1).

(2) The room temperature control knob is too high on the wall. Adjust the temperature controls in each room so that they are within reach ranges of 48 inches forward or 54 inches sideways. Standards §§ 9.2.2(5), 4.27.1, 4.27.3.

(3) The pressure required to open the room door is 12 pounds. Adjust the door closer so that the force required to open the door is no more than 5 pounds. Standard § 4.13.11(2)(b).

(4) The doors require turning a key. Provide hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Lever-operated mechanisms, push-type mechanisms, and U-shaped handles are acceptable designs. Standards §§ 4.1.3(7)(b), 4.13.9.

(5) The threshold on the doorway adjacent to the deck is 2 inches high. Provide a threshold so that the change in level is no greater than 1/2 inch and beveled with a slope no greater than 1:2, or install a ramp with a slope no greater than 1:12 that has a level landing in front of the doorway as required to provide maneuvering clearances at the door.Standards §§ 4.1.3(7)(a), 4.1.3(7), 4.13.8, 4.5.2, 4.8, Fig. 25, 4.13.6.

e. Bathrooms in Guest Rooms 721 and 723

(1) The coat hook is located 66 inches above the floor. Provide a hook that is no more than 54 inches above the finished floor for a side reach or 48 inches above the finished floor for a front reach. Standards §§ 4.1.3(12)(a), 4.25.3, 4.2.5, 4.2.6.

(2) The hot water and drain pipes beneath the lavatory are not insulated or configured to protect against contact. Insulate or otherwise configure the hot water and drain pipes to protect against contact. §§ 4.1.3(11), 4.22.6, 4.19.4.

(3) The transfer shower stall has a one inch curb. Provide a a curb no higher than 1/2 inch. Standards §§ 4.1.3(11), 4.23.8, 4.21.7.

12. By May 1, 2005, ARAMARK will modify two additional guest rooms in Building A or another building near the Lodge so that they are fully accessible to persons with disabilities. One of these two additional accessible guest rooms shall have a bathroom equipped with either a transfer bathtub or a transfer shower stall. The second additional accessible guest room shall be equipped with a roll-in shower that complies with Fig. 57.

13. By May 1, 2005, ARAMARK will modify two additional guest rooms at Cottonwoods so that they are accessible to persons with disabilities. One room will be equipped with a transfer shower stall or transfer tub. The second room will have a roll-in shower.

14. ARAMARK will ensure that each of the four sleeping rooms required to be made accessible in the preceding two paragraphs will comply fully with the relevant provisions of the ADA Standards for Accessible Design (“Standards”), 28 C.F.R. Part 36, Appendix A, including the provision that accessible rooms be dispersed among the various classes of sleeping accommodations available to customers (including size, cost, amenities provided, and number of beds). Standards §§ 4.1.6(1)(b), 4.1.3, 9.1.4(1).

REPORTING

15. On the anniversaries of the effective date of this agreement, ARAMARK will submit reports to the Department summarizing the actions it has taken pursuant to this agreement. The reports will consist of descriptions and detailed photographs of the architectural modifications taken pursuant to this Agreement to clearly show the dimensions of the various elements and spaces so that compliance with the ADA Standards may be determined.

ENFORCEMENT

16. The Department of Justice may review compliance with this Agreement at any time. If the Department believes that this agreement or any of its requirements have been violated, it may institute a civil action in federal district court to enforce this agreement or the requirements of the title III, following written notices to ARAMARK of possible violations and a period of 10 days in which each has the opportunity to cure the alleged violations. If the Department has to enforce the provisions of this Agreement, it may seek damages, civil penalties, and all other relief authorized by law.

17. Failure by the Department to enforce this entire Agreement or any of its provisions or deadlines as to one or more of the parties shall not be construed as a waiver of the Department’s right to enforce other deadlines and provisions of this Agreement.

18. This Agreement shall be binding on ARAMARK and their successors in interest. ARAMARK has a duty to notify all such successors in interest of this Agreement and the duties and responsibilities it imposes on them.

IMPLEMENTATION

19. This Agreement is a public document. A copy of this document or any information contained in it shall be made available to any person by ARAMARK or the Department upon request.

20. The effective date of this Agreement is the date of the last signature below.

21. This Agreement constitutes the entire agreement among the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, will be enforceable under its provisions.

22. This Agreement is limited to the facts set forth above the does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the ARAMARK’s continuing responsibility to comply with all aspects of title III of the ADA, including the ongoing obligation to engage in readily achievable barrier removal.

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March 25, 2004