Subagreement
1. The parties to this Subagreement are the United States and JAGI Cleveland-Independence, L.L.C.(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, Independence, Ohio, 6001 Rockside Road, Independence, Ohio 44131(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.
6. Guest Rooms
a) Non-compliant Features: The Hotel has an insufficient number of guest rooms designated as accessible. §§ 9.1.2, 9.1.3.
b) Modifications: The Hotel now has 4 rooms designated as accessible to persons with mobility impairments and 8 hearing accessibility kits which include visual alarms, visual notification devices, and TDD's in accordance with Standards §9.1.3. The Owner has installed televisions with closed captioning in every guest room in accordance with 28 C.F.R. § 36.303(e). The Owner shall, within two years of the effective date of this Subagreement, modify 8 additional rooms to be in compliance with Standards § 9.1.2, and 4 of these rooms shall have roll-in showers that comply with Standards §9.1.2 and Figure 57. The Owner shall ensure that the 8 designated accessible rooms are dispersed throughout the various classes of rooms offered by the Hotel, in compliance with Standards § 9.1.4. The Owner shall, within 1 year of the effective date of this Subagreement, purchase 12 visual alarms, notification devices, and TDD's in accordance with §9.1.3 and 28 C.F.R. § 36.303(d). 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, within 30 days of the effective date of this Subagreement. The Owner will ensure that 20 rooms, including those designated as accessible to persons with mobility impairments, have telephones with volume controls and an accessible electrical outlet within 4 feet of a telephone as required by §9.3.1, within 1 year of the effective date of this Subagreement.
7. Designated Accessible Entrance
a) Non-compliant Features: The designated accessible entrance lacked a curb ramp for wheelchairs. Standards § 4.3.8, 4.5.2, 4.14.1.
b) Modifications: The Hotel now has a curb ramp that meets all requirements of the Standards including, but not limited to, §4.7 and §4.8, providing accessibility to the designated accessible entrance.
8. Guest Registration Desk
a) Non-compliant Features: The guest registration desk is not accessible to persons who use wheelchairs. Standards §§ 4.32.4, 7.2.
b) Modifications: The Owner will ensure that a table which complies with Standards § 4.32.4 is provided in the registration area within 90 days of the effective date of this Subagreement. The table will have signage that complies with all relevant provisions of the Standards including, but not limited to, § 4.30.
9. Ramp from the Elevator to the Lobby
a) Non-compliant Features: The ramp from the elevator to the lobby is too steep. Standards § 4.8.2.
b) Modifications: The Owner will modify the ramp in accordance with all relevant provisions of the Standards, including, but not limited to, §4.8.2, in conjunction with the next major renovation of the lobby, which will occur no later than seven years from the effective date of this Subagreement. For the purposes of this paragraph "major renovation" means any renovation with a planned cost of more than $10,000.
10. Lock on Gate to Indoor Pool
a) Non-compliant Features: The gate which must be opened to access the indoor pool has a lock that is too high to be reached by a person using a wheelchair. Standards § 4.13.9.
b) Modifications: The Hotel has replaced the lock on the gate with a lock that complies with Standards § 4.13.9.
11. Telephones Near Meeting Rooms
a) Non-compliant Features: The telephones near the meeting rooms are not mounted at a height accessible to persons with mobility impairments. Standards §§ 4.1.3(17), 4.31 & Figure 44.
b) Modifications: The Owner will modify the bank of telephones near the meeting rooms in the following ways within one year of the effective date of this Subagreement. In accordance with Standards §4.1.3(17)(a), the Owner will modify one telephone in the bank to comply with all provisions of Standards § 4.31 and Figure 44. In addition, the Owner shall, in accordance with Standards §4.1.3(17)(c)(i), install a TDD and, in accordance with Standards §4.1.3(17)(d), the Owner shall install a shelf and outlet in compliance with 4.31.9(2).
12. Drinking Fountain Near Meeting Rooms
a) Non-compliant Features: The drinking fountain near the meeting rooms is not mounted at a height accessible to persons with mobility impairments. Standards § 4.15 & Figure 27.
b) Modifications: The Owner will modify the drinking fountains near the meeting rooms to comply with all provisions of the Standards, including, but not limited to, Standards § 4.15 and Figure 27 within 6 months of the effective date of this Subagreement.
13. Restrooms Near Meeting Rooms
a) Non-compliant Features: The restrooms near the meeting rooms are not accessible to persons with mobility impairments. Standards §§ 4.16-4.23 & Figure 30.
b) Modifications: By June 30, 1999, the Owner will install signage, complying with §§ 4.1.2(7)(d) and 4.30, directing to the lobby restrooms.
14. Designated Accessible Parking Spaces
a) Non-compliant Features: The Hotel has an insufficient number of designated accessible spaces. Standards §§ 4.1.2(5)(a), 4.6.
b) Modifications: The Owner will add 10 accessible spaces, two of which shall be van accessible, all of which shall comply with all relevant provisions of the Standards, including, but not limited to the provisions in paragraph 14(a) above, within 6 months of the effective date of this Subagreement.
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 JAGI Cleveland - Independence, L.L.C.:
_______________________________
James Bishop (date)
JAGI Cleveland
Independence, L.L.C.
2300 Corporate Blvd. NW
Suite 232
Boca Raton, Florida 33431
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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last revised March 5, 1999