Settlement Sub-Agreement between the United States and Holiday Inn, Phenix City, Alabama
1. The parties to this Subagreement are the United States and Interstate Inns, Inc.(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, Phenix City, Alabama, 1700 U.S. 280 Bypass, Phenix city, AL 36867(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. On November 5, 1997, the Owner provided the United States with 6 photographs of features implicated in the complaint. Copies of these photographs are attached hereto as Exhibit A. References to photographs in the Specific Remedies Section below refer to the photographs attached as Exhibit A.
6. 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.
7. Number of Accessible Parking Spaces
a) Non-compliant Features: The complaint alleges that the Hotel lacked sufficient accessible parking or such parking was improperly marked. Standards §§ 4.1.2(5)(a); 4.6.4.
b) Modifications: The Owner has modified the parking lot to have designated accessible parking spaces and signage in compliance with the provisions listed in paragraph 6(a) above.
8. Ramps in Parking Lot
a) Non-compliant Features: The designated accessible parking space in Photograph #1 lacks a curb ramp, and the curb ramp for the designated accessible space in Photograph #5 lacks flared sides or handrails. Standards §§ 4.6.3; 4.3.8; 4.7.1; 4.7.5.
b) Modifications: The Owner will install a curb ramp for the access aisle shown in Photograph #1 that complies with all relevant provisions of the Standards, including, but not limited to, § 4.6.3, §4.7 and §4.8, within 90 days of the effective date of this Subagreement. The Owner will ensure that the curb ramp does not extend into the access aisle. Further, the Owner will either add handrails or flared sides to the ramp in Photograph #5 as required by Standards § 4.7.5 within 90 days of the effective date of this Subagreement. In addition, the owner will measure the slope of the ramp and, if it exceeds 1:12, the Owner will reduce the slope of the ramp in accordance with Standards § 4.7.2 within 90 days of the effective date of this Subagreement.
9. Ramp to Designated Accessible Entrance
a) Non-compliant Features: The ramp in Photograph #0 projects into a vehicular traffic lane. Standards § 4.7.6.
b) Modifications: The Owner will modify the ramp in Photograph #0 so that it does not extend into the vehicular traffic lane within 90 days of the effective date of this Subagreement. In addition, the Owner will measure the slope of the ramp and, if it exceeds 1:12, the Owner will reduce the slope of the ramp in accordance with Standards § 4.7.2 within 90 days of the effective date of this Subagreement.
10. Access Aisles Adjacent to Accessible Parking Spaces
a) Non-compliant Features: The access aisles adjacent to the designated accessible spaces in Photographs #1 and #3 are not distinguished from the parking spaces. Standards §§ 4.1.2(5)(a); 4.6.3.
b) Modifications The Owner will stripe off the access aisles for the designated accessible spaces shown in Photographs #1 and #3 to ensure that they are distinguished from the parking spaces as required by Standards § 4.6.3 & Figure 9 within 60 days of the effective date of this Subagreement.
11. 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.
12. 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.
13. 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.
14. The effective date of this Subagreement is the date of the last signature below.
15. 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.
16. 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
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
For Interstate Inns Inc:
Allan J. Swindall
Owner, Holiday Inn, Phenix City
Interstate Inns Inc.
1102 Columbus Parkway
Opelika, AL 36803-0391
Vice President, Worldwide
Reservations and Guest Relations
Bass Hotels & Resorts
Three Ravinia Drive, Suite 2000
Atlanta, GA 30346
February 8, 1999