1. The parties to this Subagreement are the United States and Grandview Hotel Limited Partnership (the "Owner").
2. Listed in the Specific Remedies below, are barriers to access for persons with mobility impairments (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, Springfield South, 383 Leffel Lane, Springfield, Ohio 45505-4746(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 front and back office employees, supervisors, and maintenance staff 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 television 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 other employees shall be trained regarding all provisions of the Standards relevant to Hotel guests who have mobility impairments, including, but not limited to, the maintenance of accessible routes. Employees 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.
6. Ramp Between Registration Area and Guest Rooms
a) Non-compliant Features: The ramp between the registration area and guest rooms lacks handrails and signage. Standards §§ 4.1.3(1), 4.1.3(3), 4.3.1, 4.3.8, 4.5.1, 4.5.2, 4.8.1, 4.8.5, 4.1.2(7), 4.30.1, 4.30.2, 4.30.3, 4.30.5.
b) Modifications: Owner will install handrails in compliance with all relevant provisions of the standards, including but not limited to, Sections 4.8.5 and 4.26, within one year of the effective date of this Subagreement. Owner will install signage in the Hotel's lobby within 1 year indicating the route from the lobby area to the ramp.
7. Snow Removal from Accessible Route
a) Non-compliant Features: The complaint alleges that snow and ice were not removed from the designated accessible route to the lobby entrance. C.F.R. § 36.211(a).
b) Modifications: The Owner shall use its best efforts to ensure that snow or ice on the route from the designated accessible parking spaces to the designated accessible entrance is removed by Hotel staff or a contractor within one hour of the beginning of the accumulation.
8. 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.
9. 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.
10. 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 signees to the Subagreement.
11. The effective date of this Subagreement is the date of the last signature below.
12. 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.
13. 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 Grandview Hotel Limited Partnership:
Grandview Hotel Corporation-
General Partner of Grandview
Hotel Limited Partnership
207 Grandview Drive
Ft. Mitchell, Kentucky
Vice President, Worldwide
Reservations and Guest Relations
Bass Hotels & Resorts
Three Ravinia Drive, Suite 2000
Atlanta, GA 30346
February 8, 1999