Subagreement

Holiday Inn -- Holiday Inn Denver - Downtown

 

 

 


 

 

GENERAL

 

1. The parties to this Subagreement are the United States and Samco 1 Investment Limited Partnership (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, Denver - Downtown, 1450 Glenarm Place, Denver, CO 80202 (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.

 

SPECIFIC REMEDIES

 

6. Guest Rooms Designated as Accessible to Persons with Mobility Impairments - Dispersal & Features

a) Non-compliant Features: The guest rooms designated as accessible to persons with mobility impairments are not disbursed between guest rooms with double beds and guest rooms with king-size beds. In addition, these guest rooms lacked coat racks, which were offered in non-accessible guest rooms. Standards § 9.1.4.

b) Modifications: Within 6 months of the effective date of this Subagreement, the Owner will provide guestrooms designated as accessible to persons with mobility impairments which are dispersed between rooms with one double bed and one king-size bed (which will be separated into two single beds, if requested by the guest). In addition, the Owner has installed coat racks, complying with all relevant provisions of the Standards, including, but not limited to, § 9.2.2(4), in all guest rooms designated as accessible to persons with mobility impairments.

7. Entrance Doors to Guest Rooms Designated as Accessible to Persons with Mobility Impairments

a) Non-compliant Features: There was insufficient pull-side maneuvering clearance at the guest room entrance doors. Standards § 4.13.6 & Figure 25(a).

b) Modifications: The Owner has installed automatic doors on all entrance doors to guest rooms designated as accessible to persons with mobility impairments.

8. Bathrooms in Guest Rooms Designated as Accessible to Persons with Mobility Impairments

a) Non-compliant Features: A side grab bar at the toilet was not provided. Standards § 4.16.4 & Figure 29. In addition, the bathtub lacked a tub seat. Standards § 4.20.3 & Figures 33 & 34.

b) Modifications: The Owner has installed a side grab bar at the toilet and a tub seat in the bathtub, in accordance with all relevant provisions of the Standards, including, but not limited to the provisions listed in paragraph 8a) above.

9. Public Restrooms Outside of Sixth Floor Swimming Pool

a) Non-compliant Features: The public restrooms outside

the sixth floor swimming pool do not conform to the required sizes and configurations. Standards §§ 4.16-4.23.

b) Modifications: The Owner will keep these public restrooms closed unless and until they are brought into compliance with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 9a) above.

10. Sixth Floor Exercise Room

a) Non-compliant Features: The doors to the sixth floor exercise room lack sufficient maneuvering clearance. Standards § 4.13.6 & Figure 25(a).

b) Modifications: Within 90 days from the effective date of this Subagreement, the Owner will reverse door swing in order to provide maneuvering space that complies with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 10a) above.

11. Commercial Building - Gift Shop

a) Non-compliant Features: The gift shop entrance lacks sufficient maneuvering clearance. Standards § 4.13.6 & Figure 25(a).

b) Modifications: The Owner will provide signage at the inaccessible street entrance to the gift shop indicating that there is an accessible entrance inside the building, as required by 4.1.2.7(c). The Owner will also provide signage at the inside entrance indicating that it is accessible as required by Standards § 4.1.2(7)(c). These modifications shall be completed within 90 days from the effective date of the Subagreement and the signage shall be in compliance with all provisions of the Standards, including, but not limited to, § 4.30.

12. Commercial Building - Public Restrooms

a) Non-compliant Features: The urinal in the men's restroom did not provide at least 30 inches of clear floor space, and the lower urinal lacked an elongated rim. Standards § 4.18.3, 4.18.2.

b) Modifications: The urinal in the men's restroom has been constructed to provide 33" x 60" of clear floor space, and a urinal with an elongated rim has been installed, in compliance with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 12a) above.

c) Non-compliant Features: The women's restroom lacked a 36-inch-wide stall with outward swinging door and parallel grab bars. Standards §§ 4.22, 4.26 & Figure 30(d).

d) Modifications: The Owner has modified one stall in the women's restroom to comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 12c) above.

13. Commercial Building -- Public Telephones

a) Non-compliant Features: There are several banks of telephones that did not include any telephones mounted at a height accessible to persons with mobility impairments. Standards §§ 4.1.3(17), 4.31.3 & Figure 44.

b) Modifications: The Owner has installed telephones in each phone bank that comply with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 13a) above.

14. Commercial Building -- Visual Alarms

a) Non-compliant Features: Meeting and banquet rooms lack visual alarms. Standards § 4.28.1

b) Modifications: Visual alarms, complying with all relevant provisions of the Standards, including, but not limited to, §§ 4.28.1 and 4.28.3, have been installed at all meeting and banquet rooms.

 

ENFORCEMENT/MISCELLANEOUS

 

15. 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.

16. 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.

17. 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.

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

19. 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.

20. 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 Samco 1 Investment Limited Partnership:

 

 

 

______________________________ (date)

Donald Culbertson

Owner, Holiday Inn, Denver- Downtown
Samco 1 Investment Limited Partnership
10985 Cody, Suite 220
Overland Park, KS 66210-1224

(913) 345-2111

 

 

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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February 8, 1999