Subagreement

Holiday Inn -- San Francisco - Financial District


GENERAL

 

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, Financial District, 750 Kearney Street, San Francisco, California 94108 (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

a) Non-compliant Features: The following features of the designated accessible guest rooms did not comply with the Standards: an insufficient number of rooms were accessible to persons with hearing impairments; the entrances to the designated accessible rooms did not have the required entrance width, pull-side maneuvering clearance, and door opening force; the bathroom entrances did not have the required pull-side maneuvering clearance; the lavatories interfered with the toilets' clear floor space; the usable portion of the back grab bars was too short due to the lavatories; the toilet paper dispensers were mounted too far from the back wall; the lavatories lacked sufficient knee clearance; the bathroom entrance door swings interfered with the bathtubs' clear floor space; the seats in the bathtubs were not fixed; the bathtubs lacked one grab bar and had other grab bars which were mounted too low; the bathtub faucets required tight grasping, pinching, or twisting of the wrist to operate; the seats in the roll-in showers were not capable of folding; the roll-in showers were not 30 inches by 60 inches; and the signage for guest rooms was mounted on the door rather than on the latch side of the door. Standards §§ 4.13.5 & Figure 24, 4.13.6 & Figure 25, 4.13.11, 4.16.2 & Figure 28, 4.16.4 & Figure 29, 4.16.6, 4.19.2 & Figure 31, 4.20.2, 4.20.3 & Figures 33 and 34, 4.20.4 & Figures 33 and 34, 4.20.5, 4.21.2 & Figure 57(a), 4.21.3 & Figure 57, 4.26 & Figures 33 & 34, 4.27.4, 4.30.6, 9.1.2, 9.1.3, 9.1.4, 9.2.2, and 9.3.1.

b) Modifications:

1) The Hotel has 18 rooms which are designated as accessible to persons with mobility impairments, 6 of which have roll-in showers. Nine of the rooms designated as accessible to persons with mobility impairments are also accessible to persons with hearing impairments. Within 1 year of the effective date of this Subagreement, the Owner will modify the other 9 rooms which are accessible to persons with mobility impairments to be accessible to persons with hearing impairments, as required by Standards § 9.2.2(8). The Owner shall also, within 1 year of the effective date of this Subagreement, modify 12 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) by purchasing visual alarms, notification devices and TDD's for these rooms. The rooms accessible to persons with hearing impairments shall be dispersed among the various classes of accommodations the Hotel offers. The Owner will ensure that all rooms which are designated as accessible to persons with hearing impairments, including the 18 which are designated as accessible to persons with mobility impairments, 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. 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. Prior to the Owner's purchase of the Hotel, televisions with closed captioning were installed in every guest room in accordance with 28 C.F.R. § 36.303(e).

2) Prior to the Owner's purchase of the Hotel, the entrance width and pull-side maneuvering clearance and door opening force for the entrances to the designated accessible guest rooms was modified in accordance with all relevant provisions of the Standards, including, but not limited to the provisions listed in paragraph 6(a) above.

3) Prior to the Owner's purchase of the Hotel, the doors to the bathrooms in the designated accessible guest rooms were modified to swing outward, in compliance with all relevant provisions of the Standards, including, but not limited to, those listed in paragraph 6(a) above.

4) Prior to the Owner's purchase of the Hotel, the lavatories and toilet paper dispensers in the designated accessible guest room bathrooms were modified in compliance with all relevant provisions of the Standards, including, but not limited to, those provisions listed in paragraph 6(a) above.

5) Prior to the Owner's purchase of the Hotel, the bathroom doors in the designated accessible guest rooms were modified to swing outward and no longer interfere with the bathtubs' clear floor space, and bathtub grab bars and controls were modified to comply with all relevant provisions of the Standards, including, but not limited to, those listed in paragraph 6(a) above. The Owner will install fixed seats in the bathtubs that comply with all relevant provisions of the Standards, including, but not limited to, those listed in paragraph 6(a) above within 6 months of the effective date of this Subagreement.

6) Within 6 months of the effective date of this Subagreement, the Owner will ensure that the roll-in showers comply with all size, configuration, and folding seat requirements, including, but not limited to, those listed in paragraph 6(a) above.

7) Prior to the Owner's purchase of the Hotel, the guest room signage was remounted in compliance with all relevant provisions of the Standards, including, but not limited to, those listed in paragraph 6(a) above.

7. Passenger Loading Zone

a) Non-compliant Features: The passenger loading zone lacked a curb ramp, access aisle, and signage. Standards §§ 4.1.2(7)(b), 4.6.6, and 4.7.

b) Modifications: Prior to the Owner's purchase of the Hotel, a curb ramp, access aisle, and signage were installed in accordance with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 7(a) above.

8. Garage

a) Non-compliant Features: The Garage failed to comply with the Standards in the following ways: vertical signage was not provided for two of the designated accessible parking spaces; elevator call buttons were not mounted at an accessible height; the door leading from the garage to the hotel lobby was too narrow; and there was inadequate maneuvering clearance at the door leading from the garage to the hotel lobby. Standards §§ 4.6.4, 4.10.3 & Figure 20, 4.13.5 & Figure 24, 4.13.6 & Figure 25.

b) Modifications: Prior to the Owner's purchase of the Hotel, vertical signage was installed at the two designated accessible parking spaces; elevator call buttons on the garage level with accessible parking, the lobby level, and the 7th-9th hotel floors (which have accessible rooms) were remounted at an accessible height; and the door leading from the garage to the hotel lobby was modified; all in compliance with all relevant provisions of the Standards, including, but not limited to, those listed in paragraph 8(a) above.

9. Lobby Restrooms

a) Non-compliant Features: The urinals and mirrors were not mounted at an accessible height and the exposed pipes lacked insulation. Standards §§ 4.18.2, 4.19.6 & Figure 31, and 4.24.6.

b) Modifications: Prior to the Owner's purchase of the Hotel, the urinals and mirrors were remounted and the exposed pipes were insulated, in accordance with all relevant provisions of the Standards, including, but not limited to, those listed above in paragraph 9(a) above.

10. Lobby and Second Floor Telephones

a) Non-compliant Features: No public telephones were mounted at an accessible height. Standards §§ 4.1.3(17), 4.31.3.

b) Modifications: Prior to the Owner's purchase of the Hotel, one public telephone on each floor was remounted at 54" high, in compliance with all relevant provisions of the Standards, including, but not limited to, those listed in paragraph 10(a) above.

11. Lobby Water Fountain

a) Non-compliant Features The spout of the water fountain was not at an accessible height. Standards § 4.15.2 & Figure 27(a).

b) Modifications: Prior to the Owner's purchase of the Hotel, the water fountain was remounted so that the spout height is at 36", in compliance with all relevant provisions of the Standards, including, but not limited to, those listed in paragraph 11(a) above.

12. Registration Counter

a) Non-complaint Features: The registration counter was not at an accessible height. Standards § 7.2.

b) Modifications: The Owner will offer persons who use wheelchairs the option of obtaining registration forms from the registration desk on a clipboard, or using the concierge desk to register. By January 1, 1999, the Owner will ensure that the concierge desk meets all accessibility requirements for fixed tables in Standards § 4.32 and will install signage, complying with Standards §§ 4.1.2(16) and 4.30, notifying persons of these two options. By January 1, 1999, Bristol will ensure that all registration desk, concierge, bell station, and other lobby personnel are trained to notify persons who use wheelchairs of these two options, and that all registration desk and front desk personnel are trained to assist persons who use wheelchairs by these two methods, including accompanying persons to the concierge desk to assist them in that location. Bristol will ensure that the above-listed staff people are trained in these issues and that all new employees in those positions are trained in these issues when they begin employment.

13. Lotus Blossom Restaurant

a) Non-compliant Features: The cash register counter was not at an accessible height. Standards § 5.2.

b) Modifications: The Owner will offer persons who use wheelchairs the option of paying their bill at their tables to wait or host/hostess staff. By January 1, 1999, the Owner will install signage, complying with Standards §§ 4.1.2(16) and 4.30, notifying persons who use wheelchairs of this option, and the Owner will instruct the restaurant's wait and host/hostess staff employer to train all such employees in this procedure, and all new employees in this procedure when they begin employment.

 

ENFORCEMENT/MISCELLANEOUS

 

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:

 

______________________________ (date)

John L. Wodatch
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 . 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

 

 

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February 8, 1999