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 (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, Fisherman's Wharf, 1300 Columbus Avenue, San Francisco, CA 94133 (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.
6. Accessible Route to Conference Rooms
a) Non-compliant Features: The floor on which conference rooms were located was inaccessible to persons who use wheelchairs. The alternative route to the conference rooms passed through employee work areas (i.e. service areas) and did not coincide with the route for the general public. Standards §§ 4.3.1(1), 4.3.2(2).
b) Modifications: Prior to the Owner's purchase of the Hotel, a wheelchair accessible lift that provides access to the conference rooms was installed. The Owner ensures that the lift is independently operable and complies with all relevant provisions of the Standards including, but not limited to, Standards §§ 4.2.4, 4.11, 4.27.
7. Access to the Hotel Bar
a) Non-compliant Features: A set of steps that lead from the lobby prevented access to the hotel bar by persons who use wheelchairs. Alternative access to the bar included a route that did not coincide with the route used by the general public used. Standards §§ 4.3.1(1), 4.3.2(2).
b) Modifications: Prior to the Owner's purchase of the Hotel, the stairs were removed and an accessible route from the lobby to the hotel bar was provided, which complies with all relevant provisions of the Standards, including, but not limited to, the provisions listed in paragraph 7(a) above.
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 signors 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 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.
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 FelCor Hotel Asset Company, L.L.C.:
Lawrence D. Robinson
Senior Vice President
and General Counsel
FelCor Lodging Trust Incorporated
545 . John Carpenter Freeway, Suite 1300
Irving, TX 75062
For Bristol Hotels and Resorts:
Andrea D. Kay
Vice President, Legal
Bristol Hotels & Resorts
14295 Midway Road
Addison, Texas 75001
Vice President, Worldwide
Reservations and Guest Relations
Bass Hotels & Resorts
Three Ravinia Drive, Suite 2000
Atlanta, GA 30346
February 8, 1999