Subagreement

Holiday Inn -- Atlanta, Powers Ferry

 

 

 


 

 

GENERAL

 

1. The parties to this Subagreement are the United States, FelCor Lodging 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, Atlanta Powers Ferry, 6345 Powers Ferry Road, N.W., Atlanta, GA 30339(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.

 

SPECIFIC REMEDIES

 

6. Guest Rooms

Non-compliant Features:

a) This hotel had an insufficient number of rooms designated as accessible to persons with mobility impairments and persons with hearing impairments, none of the designated accessible guest rooms had a roll-in shower, and none of the designated accessible rooms fully complied with the Standards. The designated accessible guest rooms had clothes rods that were mounted too high and HVAC controls that were not operable without tight grasping, pinching, or twisting of the wrist. The designated accessible guest room bathrooms had toilet grab bars with the wrong dimensions and placement, toilet seats at an improper height, insufficient lavatory knee clearance and clear floor space, bathtubs that lacked seats, and improperly located bathtub grab bars. Standards §§ 9.1.2, 9.1.3, 9.1.4, 9.2, 4.2.4, 4.2.5, 4.2.6, 4.16.1, 4.16.3, 4.16.4, 4.19.1, 4.19.2, 4.19.3, 4.20.1, 4.20.3, 4.20.4, 4.23.1, 4.23.4, 4.23.6, 4.23.8, 4.25.1, 4.25.3, 4.26.1, 4.26.2, 4.27.1, and 4.27.4.

b) Prior to the Owner's purchase of the Hotel, modifications were made which addressed the above issues, but which left the following Non-compliant Features: the back grab bar in room 205 is insufficiently long; the grab bars in the roll-in showers are not at the same height; the bathtub in room 415 lacks a seat; and, in room 415, the distance between the closet shelf to the wheelchair is too far. Standards §§ 4.16.4; 4.20.3; 4.25.3.

c) Modifications: Within 90 days of the effective date of this Subagreement, the Owner will ensure that: the Hotel now has 10 guest rooms that are accessible to persons with mobility impairments and hearing impairments, of which 3 rooms include roll-in showers, and 7 additional rooms that are accessible to persons with hearing impairments; the rooms accessible to persons with hearing impairments comply with Standards § 9.1.3 and 28 C.F.R. §§ 36.303(d) & (e); 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; all accessible rooms comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 6(a) and (b) above and are dispersed among the various classes of sleeping accommodations offered at the Hotel, in compliance with Standards § 9.1.4.

7. Parking

a) Non-compliant Features: The Hotel lacked a sufficient number of accessible parking spaces, van-accessible spaces, access aisles, and signage. In addition, the designated accessible spaces were not located on the shortest accessible route of travel from adjacent parking to the building's main accessible entrance. Standards §§ 4.1.2(5)(a), 4.1.2(5)(b), 4.6.1, and 4.6.2.

b) Modifications: Prior to the Owner's purchase of the Hotel, the parking area was modified to comply with all relevant provisions of the Standards, including, but not limited to the provisions listed in paragraph 7(a) above.

8. Exterior Accessible Route

a) Non-compliant Features: The Hotel had no accessible route from the designated accessible parking spaces to the primary entrance of the building used by the general public. Standards §§ 4.1.2(1), 4.3.2(1), and 4.7.

b) Modifications: Prior to the Owner's purchase of the Hotel, the route from the parking lot to the entrance, including, but not limited to, the curb ramps on that route, was modified to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 8(a) above.

9. Passenger Loading Zone

a) Non-compliant Features: The passenger loading zone lacked an access aisle adjacent and parallel to the vehicle pull-up space, near the main entry, and a sign with the International Symbol of Accessibility, and its curb ramp can be obscured by parked vehicles and has flared side slopes that are too steep. Standards §§ 4.1.2(5)(c), 4.1.2(7)(b), 4.6.1, 4.6.6, 4.7.1 and 4.30.7.

b) Modifications: Prior to the Owner's purchase of the Hotel, the passenger loading zone was modified to comply 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 ramps at the southwest entrance had transitions with abrupt changes in level. All other curb ramps projected into vehicular traffic lanes or parking access aisles, or could be obscured by parked vehicles. Standards §§ 4.1.2(2), 4.3.1, 4.3.8, 4.5.2, 4.6.1, 4.6.3, 4.7.1, 4.7.5, 4.7.6, 4.7.8, 4.7.10, and 4.8.1.

b) Modifications: Prior to the Owner's purchase of the Hotel, all curb ramps were modified to meet all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 10(a) above. Within 90 days of the effective date of this Subagreement, the Owner will ensure that all curb ramp side flares have slopes of 1:10 or less, in compliance with Standards § 4.7.5.

11. Entrances

a) Non-compliant Features: Designated accessible entrances lack signs with the International Symbol of Accessibility is not used at loading zones, entrances, or toilet facilities that have been designated as accessible. Standards §§ 4.1.2(7)(a) and 4.30.7.

b) Modifications: Within 90 days of the effective date of this Subagreement, the Owner will provide signs complying with all relevant provisions of the Standards, including, but not limited to the provisions listed in paragraph 11(a) above, at all designated accessible entrances.

12. Pool Area

a) Non-compliant Features: The exterior elevator that provides access to the pool area did not comply with the Standards (see paragraph 14, below). Standards §§ 4.1.2(2), 4.3.8, and 4.10.

b) Modifications: A lift was installed to address this issue prior to the Owner's purchase of the Hotel. Within 90 days of the effective date of this Subagreement, the Owner will ensure that the lift meets all relevant provisions of the Standards, including, but not limited to Standards § 4.11, is maintained in operable working condition, in compliance with 28 C.F.R. § 36.211, and that the lift will be kept unlocked and independently usable by guests without requiring the assistance of a Hotel employee, in compliance with Standards § 4.11.3.

13. Doors

a) Non-compliant Features: All interior hinged, sliding, and folding doors exceed the maximum opening force of 5 lbf. Standards §§ 4.1.3(7), 4.13.1, and 4.13.11.

b) Modifications: Within 90 days of the effective date of this Subagreement, the Owner will adjust all interior hinged, sliding, and folding doors so that the opening force does not exceed 5 lbf., in accordance with Standards § 4.13.11.

14. Elevators

a) Non-compliant Features: The elevators lacked proper audible signals, hall call buttons mounted at the proper height, raised floor designations on the door jamb, and a reopening device that remained effective for at least 20 seconds. Standards §§ 4.1.3(5), 4.10.1, 4.10.3, 4.10.4, 4.10.5, and 4.10.6.

b) Modifications: The elevators' audible signals, hall call buttons, and door jamb designations and reopening device were addressed in a modification that occurred prior to the Owner's purchase of the Hotel. Within 90 days of the effective date of this Subagreement, the Owner will ensure that all features modified prior to its purchase of the Hotel meet all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 14(a) above.

15. Public Restrooms in the Lobby and Humphrey's Restaurant

a) Non-compliant Features: The public restrooms lacked proper signage and stalls meeting the size and configuration of Figure 30(a). In addition, the public restrooms had insufficient door opening width, improperly located grab bars, insufficient lavatory knee and toe clearances, lavatory hardware that required tight pinching, grasping, or twisting of the wrist to operate, flush controls mounted too high, toilet seats mounted at an improper height(women's room only), an insufficiently wide approach aisle to the designated accessible stall (men's room only), and lacked urinals with elongated rims (men's room only). Standards §§ 4.1.3(11), 4.13.5, 4.16, 4.17.1, 4.17.3, 4.17.5, 4.17.6, 4.18.1, 4.18.2, 4.19.1, 4.19.2, 4.22.1, 4.22.4, 4.22.5, 4.22.6, 4.30.1, 4.30.4, 4.30.5, and 4.30.6.

b) Modifications: The public restrooms were modified prior to the Owner's purchase of the Hotel. Within 90 days of the effective date of this Subagreement, the Owner will ensure that: these restrooms now meet all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 15(a) above; all pipes in the women's restrooms are insulated against contact, in compliance with Standards § 4.19.4, the approach aisle to the designated accessible stall in the men's restroom is at least 36" wide, in compliance with Standards § 4.3.3, and all restroom signage has raised lettering and Grade 2 Braille and otherwise complies with Standards § 4.30.

 

ENFORCEMENT/MISCELLANEOUS

 

16. 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.

17. 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.

18. 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.

19. The effective date of this Subagreement is the date of the last signature below.

20. 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.

21. Signors of this Subagreement on behalf of the parties represent that they are authorized to bind those parties to this Subagreement.

 

For FelCor Lodging Company, L.L.C.:

 

______________________________

Lawrence D. Robinson (date)
Senior Vice President
and General Counsel
FelCor Lodging Trust Incorporated
545 E. John Carpenter Freeway, Suite 1300
Irving, TX 75062
(972) 444-4908

 

 

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 Bristol Hotels and Resorts:

 

 

______________________________ Andrea D. Kay (date)
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

 

 


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last revised February 8, 1999