1. The parties to this Subagreement are the United States, FelCor Hotel Asset Company, L.L.C. (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, Montgomery East I-85, 1185 Eastern Bypass 231, Montgomery, Alabama 36117 (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 has an insufficient number of rooms designated accessible to persons with mobility impairments. In addition, the two rooms currently designated as accessible to persons with mobility impairments lack telephones with volume controls. Standards §§ 9.1.2, 9.1.3, 9.1.4, 9.3.1, 9.3.2.
b) Modifications: By March 1, 1999, the Owner will modify guest rooms so that the Hotel has a total of 10 rooms accessible to persons with mobility impairments and hearing impairments, 3 of which will have roll-in showers. The Owner will ensure all of these 10 rooms have telephones with volume controls in compliance with 4.31.5, an accessible electrical outlet within 4 feet of a telephone connection as required by 9.3.1, and the Owner will ensure that furniture layouts in these rooms do not obstruct the accessibility of any features. The Owner shall also, by March 1, 1999, modify 7 additional rooms to be accessible to persons with hearing impairments as required by Standards § 9.1.3 and 28 C.F.R. §§ 36.303(d) & (e), by purchasing visual alarms, notification devices, closed captioned television decoders, and TDD's for these rooms. All accessible rooms will comply with all relevant provisions of the Standards, including, but not limited to, the provisions in paragraph 6(a) above, and will be dispersed among the among the various classes of accommodations the Hotel offers, in compliance with § 9.1.4. In addition, the Owner shall ensure that the Hotel maintains 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.
7. Parking
a) Non-compliant Features: The designated accessible parking spaces provided at the front entrance, including the designated van accessible parking space, have access aisles that are too narrow. Signs at designated accessible spaces are positioned so that they can be obscured by a vehicle parked in the spaces, and three of the 6 designated accessible parking spaces lack signs with the International Symbol of Accessibility. In addition, the designated accessible parking space access aisles are not level because curb ramps protrude into them. Standards §§ 4.1.2(5), 4.1.2(7)(a), 4.6.1, 4.6.3, and 4.6.4.
b) Modifications: By March 1, 1999, the Owner will modify the parking area to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 7(a), above.
8. Passenger Loading Zone
a) Non-compliant Features: The front entry passenger loading zone lacks a sign displaying the International Symbol of Accessibility, and its curb ramp lacks side flares and is too steep. Standards §§ 4.1.2(5)(c), 4.1.2(7)(b), 4.6.1, 4.6.6, 4.7.2, and 4.7.5.
b) Modifications: By March 1, 1999, the Owner will modify the passenger loading zone to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 8(a), above.
9. Exterior Accessible Route
Non-compliant Features:
a) The curb ramps at the remote buildings are too steep and some are located so that they will be obstructed by parked vehicles. Standards §§ 4.1.2(1), 4.3.1, 4.3.8, 4.7.1, 4.7.2, and 4.7.8.
b) The route from the parking area to the Waffle House entrance lacks a curb ramp. Standards §§ 4.1.2(1), 4.3.1, 4.3.8, and 4.7.
c) Modifications: By March 1, 1999, the Owner will modify the exterior accessible route, including the above-listed curb ramps, to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraphs 9(a) and (b) above.
10. Ramps
a) Non-compliant Features: The ramps at the restaurant/banquet room entrance and from the restaurant to the atrium level have landings that are not at least 60 inches deep by the width of the ramp, and they lack top and bottom handrail extensions. Standards §§ 4.3.1, 4.3.8, 4.8.1, 4.8.4, and 4.8.5.
b) Modifications: By March 1, 1999, the Owner will modify the ramps listed in paragraph 10(a) above to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in that paragraph.
11. Protruding Objects
a) Non-compliant Features: The telephones in the corridor from the lobby counter to the sidewalk cafe protrude more than 4 inches into the circulation path. Standards § 4.4.1.
b) Modifications: By March 1, 1999, the Owner will relocate the public telephones to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 11(a) above.
12. Entrances
a) Non-compliant Features: Architectural plans for a future modification sent to the United States by the Owner do not demonstrate whether any inaccessible entrances will have directional signage indicating the accessible route to an accessible entrance, or whether the Hotel will have exit signs with raised lettering and Grade 2 Braille, mounted in the correct location. Standards §§ 4.1.3(8)(d), 4.1.3(16)(a), and 4.30.
b) Modifications: By March 1, 1999, the Owner will, in compliance with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 12(a) above: either modify all entrances to comply with all ADA Standards or install signage at all non-compliant entrances, indicating the route to compliant entrances; and install exit signs in the correct locations with raised lettering and Grade 2 Braille.
13. Public Toilet Rooms in Corridor Behind Front Desk
Non-compliant Features:
a) The doors to the toilet rooms: lack sufficient maneuvering clearance; have insufficient space between them; and require more than 5 lbf force to open. The toilet rooms do not provide sufficient unobstructed turning space, and none of the toilet stalls are at least 60" wide. The size and arrangement of the standard toilet stalls do not comply with Figure 30(a). The toilet stall in the women's room is not at least 59 inches deep with a floor mounted toilet, and the toe clearance in the stall is less than 9" above the floor. The toilet stall door in both toilet rooms swings into the clear floor space of the toilet, the grab bars are not in the proper locations, the centerline of the toilet is not 18" from a wall or partition, and the flush controls are not mounted on the wide side of the toilet. None of the urinals has an elongated rim no more than 17" above the floor. Standards §§ 4.1.3(11), 4.1.3(16), 4.2.3, 4.3.3, 4.13.1, 4.13.6, 4.13.7, 4.13.11, 4.16.1, 4.16.5, 4.17.1, 4.17.2, 4.17.3, 4.17.4, 4.17.5, 4.17.6, 4.18.1, 4.18.2, 4.22.1, 4.22.2, 4.22.3, 4.22.4, 4.22.5, and 4.30.
b) Bristol sent the United States Architectural plans to modify the restrooms to address the issues listed in paragraph 13(a) above, which were designed prior to the Owner's purchase of the Hotel. Those plans did not show whether any remaining non-compliant restrooms have proper directional signage, indicating the route to the designated accessible restroom. Standards §§ 4.1.2(7)(d), 4.30.
c) Modifications: By March 1, 1999, the Owner will modify the public restrooms to meet all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraphs 13(a) and (b) above.
14. 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.
15. 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.
16. 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.
17. The effective date of this Subagreement is the date of the last signature below.
18. 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.
19. 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 FelCor Hotel Asset Company, L.L.C.:
______________________________(date)
Lawrence D. Robinson
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 and Resorts:
______________________________ (date)
Andrea D. Kay
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 8, 1999