IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS DANVILLE/URBANA DIVISION UNITED STATES

OF AMERICA, ) Plaintiff, ) ) No.: 96-2028 v. ) DAYS INNS OF AMERICA, INC, ) HOSPITALITY FRANCHISE ) SYSTEMS, INC., ) PANCHAL & PATEL, INC., ) and BRIAN J. PAPE, ) Defendants. ) CONSENT ORDER AND FINAL JUDGMENT AS TO DEFENDANTS PANCHAL & PATEL, INC., AND BRIAN J. PAPE A. Background 1. On February 8, 1996, the United States filed an action to enforce title III of the Americans with Disabilities Act of 1990 (the "ADA" or the "Act"), 42 U.S.C. SS 12181 through 12189, against, among others, Panchal & Patel, Inc., ("P&P"), the owner of a Days Inn hotel at 1019 Bloomington Road, Champaign, Illinois, ("the hotel" or the "Champaign Days Inn"), and Brian J. Pape, ("Pape"), architect of the hotel. 2. On or about November 14, 1994, representatives of the United States Department of Justice ("Department"), Civil Rights Division, visited and inspected the Champaign Days Inn, as part of an investigation of the hotel conducted pursuant to the Department's authority to review the compliance of entities covered by title III of the ADA, 42 U.S.C. S 12188(b)(1)(A)(i). 01-01248

3. As a result of its investigation, including its inspection of the hotel, the Department identified several features, elements, and spaces of the Champaign Days Inn which failed to comply with the ADA's Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). A list of these features, elements, and spaces is attached hereto as Exhibit 1. 4. In an effort to resolve their differences expeditiously, plaintiff United States and defendants P&P and Pape have engaged in good faith negotiations. As a result of those negotiations, those parties have agreed to enter into this jointly proposed Consent Order and Final Judgment as to Defendants Panchal & Patel, Inc., and Brian J. Pape. 5. As specified below, defendants P&P and Pape, for the limited purpose of resolving this disputed claim, have agreed to remedy violations of the Standards set out in Exhibit 1. B. Agreement of the Parties Accordingly, by consent of plaintiff United States and defendants P&P and Pape, it is hereby ORDERED and DECREED that: 1. For the limited purpose of entering and enforcing this Consent Order and Final Judgment as to defendants P&P and Pape, the parties agree that this Court has jurisdiction of this action under 42 U.S.C. S 12188(b)(1)(B) and 28 U.S.C. SS 1331 and 1345. The Court may grant declaratory and other relief necessary to enforce this Order pursuant to 28 U.S.C. SS 2201 and 2202. 2. Venue is proper in this district. -201-01249

3. The Champaign Days Inn is a non-residential facility whose operations affect commerce. As such, it is a commercial facility within the meaning of section 303(a) of the Act. 42 U.S.C. S 12183(a). In addition, because the Champaign Days Inn is a place of lodging, it is also a public accommodation within the meaning of section 303(a) of the Act. Id. 4. The last building permit for the Champaign Days Inn was applied for on or about April 6, 1993. 5. The first certificate of occupancy for the Champaign Days Inn was issued on or about September 14, 1993. 6. Defendant P&P is a private entity which owns the Champaign Days Inn. Defendant P&P initiated, contracted for, and participated in the design and construction of the hotel. 7. Defendant Pape is an individual engaged in the business of providing architectural services. Defendant Pape's participation in the design and construction of the Champaign Days Inn consisted of the design of the hotel and construction administration. 8. For the limited purposes of resolving this disputed claim, P&P and Pape agree that the Champaign Days Inn is not readily accessible to or usable by individuals with disabilities, as required by section 303(a)(1) of the Act, 42 U.S.C. S 12183(a)(1); the hotel fails in numerous respects to comply with the Department's regulation implementing title III of the ADA, 28 C.F.R. Part 36, including the Standards for Accessible Design. See 28 C.F.R. SS 36.401, 36.406. -3-

01-01250

9. The parties acknowledge that this is a compromise of a disputed claim, and this Consent Order shall not be construed as an admission of liability. All acknowledgments and admissions are limited to this Consent Order and are agreed upon for the sole purpose of executing this Consent Order. 10. Not later than November 1, 1996, defendant P&P agrees to repair, and Pape agrees to participate in and contribute to the repairs of, failures to comply with the Standards identified in Exhibit 1. The specific actions to be taken and, where appropriate, the architectural plans to be followed by the defendants are set forth in Exhibit 2 and in the architectural plans attached to Exhibit 2, prepared by Pape, dated May 24, 1996, consisting of Sheets A-4, A-5, A-8, A-9, and E-1. The division of responsibility between P&P and Pape for compliance herewith is set forth in the Settlement Agreement between P&P and Pape, attached as Exhibit 3. The United States is not a party to the Settlement Agreement between P&P and Pape. 11. Not later than December 1, 1996, defendants P&P and

Pape shall either provide a joint report or two separate reports to counsel for the United States, on the status of their compliance with this Order. The report shall indicate which steps specified in Exhibit 2 have been completed. If any steps have not been completed, the report shall so indicate and explain why such steps have not been completed. -401-01251

12. The parties shall negotiate in good faith to resolve any dispute relating to the interpretation or implementation of this order before bringing the matter to the Court's attention. 13. The Court shall retain jurisdiction of this action to enforce the provisions of this Order through December 31, 1997, after which time all of its provisions shall be terminated, unless the Court determines it is necessary to extend any of its requirements, in which case those requirements shall be extended. 14. This agreement shall govern the compliance of

defendants P&P and Pape with the ADA's Standards for Accessible Design at the Champaign Days Inn. This agreement does not address, and shall not be construed to address, any other issues of ADA compliance at the Champaign Days Inn, or at any other commercial facility or place of public accommodation designed and constructed by defendants P&P and Pape, or owned, operated, leased, or leased to the defendants, or any other violations of federal law. It is stipulated and agreed that upon compliance with this Consent Order, P&P and Pape will have taken all remedial actions necessary to resolve the allegations against them contained in the complaint filed by the United States. 15. Defendants P&P and Pape recognize that, to the extent required by law, they must comply with the ADA Standards in any future involvement by either of them in the design and construction of a public accommodation or commercial facility. This Consent Order shall not be construed to increase or expand, -501-01252 in any way, the future liabilities or obligations of P&P and Pape as required by the ADA. 16. This instrument reflects the entire agreement between the parties. SO ORDERED this 12th day of July, 1996. United States District Judge AGREED AND CONSENTED TO: For Plaintiff United States of America: ALYSE S. BASS DAVID H. HOFF THOMAS M. CONTOIS Assistant U.S. Attorney Attorneys C.D. of Illinois Disability Rights Section 201 South Vine St. Civil Rights Division Suite 226 U.S. Department of Justice Urbana, Illinois 61801 Post Office Box 66738 (217) 373-5875 Washington, D.C. 20035-6738 (202) 616-9511 For Defendant Brian J. Pape: SUE E. YOAKUM Attorney for Brian J. Pape Wallace, Saunders, Austin, Brown & Enochs 10111 West 87th Street Post Office Box 12290 Overland Park, Kansas 66282-2290 (913) 888-1000 -601-01253

WILLIAM F. KOPIS Hinshaw and Culbertson 521 W. Main Street, Suite 300 P.O. Box 509 Belleview, Illinois 62222-0509 For Defendant Panchal & Patel, Inc.: DAVID KRCHAK Attorney for Panchal & Patel, Inc. Thomas, Mamer & Haughey Post Office Box 560 Champaign, Illinois 61824-0560 (217) 351-1500 -701-01254

1.

2.

3.

EXHIBIT 1 Failures of the Champaign Days Inn to comply with the ADA's Standards for Accessible Design as identified by the U.S. Department of Justice Parking and passenger loading zone violations a. There is no van accessible parking space. Neither of the spaces designated as accessible has an access aisle 96" wide, and neither of the spaces has a sign designating it as "van accessible." Standards SS 4.1.2(5), 4.6.4. b. Neither of the spaces designated accessible has a sign marking the space that will not be obscured by a vehicle parked in the space. Standards S 4.6.4. c. The passenger loading zone at the front entrance does not have a demarcated access aisle. Standards S 4.6.6. d. The ground area in the passenger loading zone has a slope exceeding 1:50. Standards S 4.6.6 Violations at exterior and interior stairs and areas of rescue assistance a. The hotel's stairways do not have continuous handrails along their inside run, do not have adequate horizontal extensions at the top and bottom risers, are too large in diameter, and are mounted at the wrong height. Standards S 4.9.4. b. The hotel's stairways do not have uniform riser heights. Standards S 4.9.2. Entrance and exit violations a. The thresholds at the front entrance door, the foyer entrance door to the lobby, the foyer entrance door to the front stair vestibule, the lobby entrance door to the guest room hallway and the rear stairwell entrance door are too high. Standards S 4.13.8. b. There is inadequate maneuvering clearance on the pull side of the door leading from the foyer to the front stair vestibule, and the door is too heavy. Standards

SS 4.13.6, 4.13.8, 4.13.11. Outside the lobby entrance and the rear entrance, the ground area within the required maneuvering clearance is not level. Standards S 4.13.6. 01-01255 c.

4.

5.

Front lobby violations a. The registration desk is too high. Standards S 7.2 b. There is no visual alarm in the lobby. Standards S 4.28.1. c. The night window in the foyer is too high. Standards S 7.2. d. The house telephone located in the lobby is mounted too high and does not have adequate clear floor space. Standards SS 4.31.2, 4.31.3. e. The public pay telephone in the foyer has no volume control. Standards S 4.31.5. f. Both the public pay telephone and the night window protrude more than 4" into the foyer. Standards S 4.4.1. Interior route violations a. The gate to the area behind the registration desk is too narrow and has hardware that requires tight grasping, pinching or twisting of the wrist. Standards SS 4.13.5, 4.13.9. b. The door from the foyer area to the lobby is too heavy. Standards S 4.13.10. c. There is inadequate maneuvering clearance on the pull side of door leading from the lobby to the guest room hallway, and the door has hardware that requires tight grasping, pinching or twisting of the wrist. Standards

SS 4.13.6, 4.13.9. The door leading from the registration area to the manager's office has hardware that requires tight grasping, pinching or twisting of the wrist. Standards S 4.13.9. e. There is inadequate maneuvering clearance on the pull side of the door leading from the guest room hallway to the front stair vestibule, and the door has hardware that requires tight grasping, pinching or twisting of the wrist. Standards SS 4.13.9, 4.13.6. f. The door from the first floor guest room hallway to the pool and spa room has hardware that requires tight grasping, pinching or twisting of the wrist. Standards S 4.13.9. 2 01-01256 d.

g.

h. i. j. k.

The door from the first floor guest room hallway to the hotel laundry has hardware that requires tight grasping, pinching or twisting of the wrist. Standards S 4.13.9. The door between the hotel laundry and the storage area has hardware that requires tight grasping, pinching or twisting of the wrist. Standards S 4.13.9. The doors to the storage rooms off of the pool and spa room have inadequate maneuvering space, and are too narrow. Standards SS 4.13.5, 4.13.6. The doors to several storage areas have hardware that requires tight grasping, pinching or twisting of the wrist. Standards S 4.13.9. There is inadequate maneuvering space on the pull side of the door to the meeting room, and the door has

hardware that requires tight grasping, pinching or twisting of the wrist. Standards SS 4.13.9, 4.13.6. l. The doors from the meeting room to the adjacent storage area have hardware that requires tight grasping, pinching or twisting of the wrist. Standards S 4.13.6. 6. Public and common use toilet room violations a. The sign for the first floor restroom does not have raised and Braille characters, and is not mounted on the wall adjacent to the door of the restroom. Standards SS 4.30.4, 4.30.6. b. There are no grab bars at the toilet in the first floor restroom. Standards S 4.16.4. c. The toilet in the first floor restroom is too close to the side wall. Standards S 4.16.2. d. The hot water and drain pipes under the lavatory in the first floor restroom are not insulated or otherwise configured to protect against contact. Standards S 4.16.4. e. The soap and paper towel dispensers in the first floor restroom are too high. Standards SS 4.19.4, 4.22.7. f. The meeting room restroom on the first floor of the hotel is a standard hotel guest room bathroom, and is inaccessible. Standards S 4.1.3(11). 3 01-01257

7.

Violations in public and common use rooms and spaces a. There are no visual alarms in several public and common use rooms and spaces, including the pool and spa area,

the meeting room, the guest laundry, the front stair entrance vestibule and the storage areas. Standards S 4.28.1. b. The overhead sign above the entrance to the pool and spa area has letters that are too small. Standards S 4.30.3. c. The sauna in the pool and spa area has controls that are mounted too high and require tight grasping, pinching or twisting of the wrist. Standards SS 4.27.3, 4.27.4. d. The door to the sauna in the pool and spa area is too narrow, has inadequate maneuvering space on the pull side of the door, and has a threshold that is too high. Standards SS 4.13.5, 4.13.6, 4.13.8. e. The shower unit in the pool and spa area has a curb that is too high, does not have a transfer seat, has no grab bars, is neither wide nor deep enough, and has only a fixed shower spray unit. Standards SS 4.21.7, 4.21.3, 4.21.4, 4.21.2, 4.21.6. 8. Violations with respect to guest rooms generally a. The guest room number signs do not have raised and Braille characters and are not mounted on the wall adjacent to the door for each guest room. Standards SS 4.30.4, 4.30.6. b. The guest rooms designated accessible are not dispersed among the various classes of sleeping accommodations available to patrons of the hotel, as specified below. Standards S 9.1.4. i) The hotel has guest rooms with two beds, and king-sized beds, but none of these are accessible. ii) The hotel has suites with jacuzzi tubs. None of these suites are accessible. c. There are no rooms with visual alarms or notification devices. Standards SS 9.1.2, 9.1.3, 9.3. d. The doors to the bathrooms in the guest rooms not designated accessible are too narrow. Standards S 9.4. -401-01258

9. Violations with respect to the guest rooms designated accessible -- Rooms 110 and 112 a. There is inadequate maneuvering clearance on the pull side of the doors to guest rooms 110 and 112. Standards S 4.13.6. b. The operating hardware on the doors to guest rooms 110 and 112 requires tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. c. The security latches on the doors to guest rooms 110 and 112 are too high. Standards S 4.13.9. d. The connecting room doors in guest rooms 110 and 112 have hardware that requires tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. e. The operating controls for the heating and cooling unit and the wall mounted light fixtures in guest rooms 110 and 112 require tight grasping, pinching, or twisting of the wrist. Standards S 4.27.4. f. The shelves and clothes rods in guest rooms 110 and 112 are mounted too high. Standards S 4.25.3. g. There is insufficient maneuvering space alongside the bed in rooms 110 and 112. Standards S 9.2.2. h. The grab bars for the toilets in guest rooms 110 and 112 do not comply with the requirements of the Standards, in that the side wall grab bars do not project far enough from the rear wall, and there are no rear wall grab bars. Standards S 4.16.4. i. The lavatories in guest rooms 110 and 112 are too high, and the hot water and drain pipes under the lavatories are not insulated or otherwise configured to protect against contact. Standards SS 4.19.2, 4.19.4. j. The shower controls in guest rooms 110 and 112 require tight grasping, pinching, or twisting of the wrist. Standards S 4.27.4. k. The doors to the bathrooms in rooms 110 and 112 have hardware that requires tight grasping, pinching, or twisting of the wrist. Standards S 4.27.4. -501-01259

DRAFT FOR DISCUSSION PURPOSES EXHIBIT 2 Actions to be taken by Defendants Panchal & Patel, Inc. and Brian J. Pape to remedy failures to comply with the ADA's Standards for Accessible Design 1. Parking and passenger loading zone violations a. Two accessible parking spaces with signage consistent with the Standards and an access aisle will be provided. One parking space will be van accessible consistent with the Standards SS 4.1.2(5), 4.6.4. An architect's drawing showing the revised parking spaces is attached at Sketch 1/A-1. b. Proper signs indicating accessible parking spaces will be posted consistent with the Standards, S 4.6.4. c. An access aisle at the passenger loading zone adjacent to the front entrance will be provided consistent with the Standards, S 4.6.6. c. An access aisle at the passenger loading zone adjacent to the front entrance will be provided consistent with the Standards, S 4.6.6. d. The ground area in the passenger loading zone will be graded to have a slope not exceeding that allowed by the Standards, S 4.6.6. An architect's drawing showing the revised passenger loading zone is attached at Sketch 1/A-1. 2. Exterior and interior stairs a. A continuous handrail with no greater than 1 1/2" outside diameter will be installed along both sides of the stairway, with conforming extensions at the top and bottom risers, including mounting heights and diameters consistent with the Standards, S 4.9.4. An architect's

drawings showing the revised handrails and extensions are attached at Sketch 4/A-7 and 4A/A-7. 3. Entrance and exit violations a. Thresholds which are no more than 1/4 inch, or beveled thresholds consistent with the Standards, S 4.13.8, will be provided at entrances along all accessible routes, including: front entrance door, foyer entrance door, foyer entrance to the lobby, foyer entrance door to the front stair vestibule, lobby entrance door, entrance to the guest room hallway, and the rear stairwell entrance door. Architect's drawings showing the revised thresholds at each location are attached at Sketch A-9, Sheet A-4. 01-01260

Hardware will be provided so that the door opening force/weight will not exceed five pounds consistent with Standards SS 4.13.6, 4.13.8, 4.13.11. c. The ground area outside the lobby and rear entrances will be levelled and/or modified in order to provide adequate maneuvering clearance required by the Standards, S 4.13.6. An architect's drawing showing the revised level maneuvering clearance outside the lobby and rear entrances is attached at Sheet A-4. 4. Front lobby violations a. An additional counter will be provided adjacent to the registration desk of a length and height consistent with the Standards, S 7.2. An architect's drawing showing the additional counter adjacent to the registration desk is attached at Sheet A-5. b. A visual alarm will be installed in the lobby consistent with the Standards, S 4.28.1. An architect's drawing showing the visual alarm location is attached at Sheet E-1. c. An additional counter will be provided by the night

b.

window in the foyer of a length and maximum height consistent with the Standards, S 7.2. An architect's drawing showing the additional counter by the night window is attached at Sheet A-5. d. The house telephone will be relocated to an accessible height and at a location that provides adequate clear floor space consistent with the Standards, SS 4.31.2, 4.31.3. An architect's drawings showing the new placement of the house telephone is attached at Sheets A-5 and E-1. e. The public telephones have been removed. f. The night window will be designed and located so that it provides a cane detectable barrier in the front of the night window consistent with the Standards, S 4.4.1. An architect's drawing showing the counter is attached at Sheet A-5. 5. Interior route violations a. The gate behind the registration desk will be removed to provide the necessary clear opening width consistent with the Standards, S 4.13.5. 2 01-01261

c. d. e.

Door Number 109 that leads from the lobby to the corridor will remain locked shut will no longer be used. The hardware on the door leading from the registration area to the manager's office will be replaced to be consistent with the Standards, S 4.13.9. The door leading from the guest room hallway to the vestibule will be modified to have accessible hardware and adequate clearance on the pull side of the door, consistent with the Standards, SS 4.13.9, 4.13.6. An architect's drawing showing the required maneuvering

clearance on the pull side of the door is attached at Sheet A-5. f. Hardware on the door that joins the first floor guest room hallway to the pool and spa room will be replaced with hardware that is consistent with the Standards, S 4.13.9. g. Hardware on the door between the first floor guest room hallway and the hotel laundry will be replaced to be consistent with the Standards, S 4.13.9. h. Hardware on the door between the hotel laundry and the storage area will be replaced with hardware that is consistent with the Standards, S 4.13.9. i. The doors to the storage rooms adjacent to the pool and laundry areas will be modified so that their width and hardware are consistent with the Standards, SS 4.13.5, 4.13.6. Architect's drawings showing the revised door widths are attached at Sheets A-5 and A-9. j. Hardware on the doors to each of the storage areas will be replaced with hardware that is consistent with the Standards, S 4.13.9. k. Former meeting rooms have been converted to a standard guest room. An architect's drawing showing the new guest room is attached at Sheet A-4 and A-5. l. Hardware on the door between the meeting room and the adjacent storage area will be replaced with hardware that is consistent with the Standards, S 4.13.6. m. Visual alarms will be installed in the first and second floor corridors consistent with the Standards, S 4.28.1. 3 01-01262

6. Public and common use toilet room violations a. Braille and raised letter signage will be provided on the wall adjacent to the door of the first floor

restrooms consistent with the Standards, SS 4.30.4, 4.30.6. b. Grab bars will be provided in the first floor restroom consistent with the Standards, S 4.16.4. An architect's drawings showing the grab bars are attached at Sheets A-8 and A-5. c. The existing toilet will be re-positioned to allow for necessary space between the toilet and the wall, consistent with the Standards, S 4.16.2. An architect's drawing showing the re-positioned toilet is attached at Sheet A-8 and A-5. d. Foam insulation surrounding the hot water and drain pipes will be installed in the first floor restroom, consistent with Standards, S 4.16.4. e. The soap dispenser and paper towel dispenser will be remounted consistent with the Standards, SS 4.19.4, 4.22.7. f. Meeting rooms have been converted to standard guest rooms. g. A visual alarm will be installed in the public toilet room consistent with the Standards, S 4.28.1. 7. Violations in public and common use rooms and spaces a. Visual alarms meeting the Standards will be provided in the spa area and the guest laundry and in the front stair entrance vestibule. Meeting rooms have been converted to standard guest rooms and storage areas will be modified consistent with the Standards, S 4.28.1. See 5(i) above. b. A sign will be mounted at the appropriate height above the entrance to the pool and spa area consistent with the Standards, S 4.30.3. c. The controls on the sauna in the pool area will be modified to be consistent with the Standards, SS 4.27.3, 4.27.4. 4 01-01263

The whirlpool will be relocated to provide adequate maneuvering space on the pull side of the door and the threshold will be modified to be consistent with the Standards, SS 4.13.5, 4.13.6, 4.13.8. An architect's drawing showing the correct whirlpool location and maneuvering space is attached as Sheet A-5. e. The shower will be removed. 8. Violations with respect to guest rooms generally a. Braille signs with raised lettering will be mounted consistent with the Standards, SS 4.30.4, 4.30.6. b. The guest rooms designated accessible will be dispersed among the various classes of sleeping accommodations available to patrons of the hotel, as specified below, consistent with Standards, S 9.1.4. i. A king-sized bed will be provided in one of the accessible guest rooms and two double beds in the other accessible guest room. Accessible guest rooms will also contain equivalent amenities to those available in standard guest rooms. ii. A portable whirlpool/jacuzzi will be available in accessible rooms upon request. c. Four permanently installed alarms will be provided for individuals who are deaf or are hearing impaired and rooms will have all necessary hardwiring for these devices consistent with the Standards, SS 9.1.2, 9.1.3, 9.3. An architect's drawing showing the hardwiring is attached at Sheet E-1. d. The bathroom doors in fifty percent of the standard guest rooms will be modified to allow a minimum clear opening width of 32 inches consistent with Standards, SS 9.4, 4.13. An architect's drawing showing the bathroom doors is attached at Sheet A-4 and A-9. 9. Violations with respect to the guest rooms designated accessible -- Rooms 110 and 112 a. The shelves and clothes rods adjacent to the doors will be removed and the partition wall will be relocated to provide adequate maneuvering space consistent with the Standards. The existing vanity will be reduced from a 42 inch measurement to 36 inches consistent with the

d.

Standards, S 4.13.6. An architect's drawing showing the relocated shelves, clothes rods and partition and reduced vanity is attached at Sheets A-4, A-5 and A-8. 5 01-01264

b. c.

d. e. f.

g.

h.

i.

Hardware will be provided on doors in guest rooms 110 and 112, consistent with the Standards, S 4.13.9. Security latches in guest rooms 110 and 112 will be mounted at a height consistent with the Standards, S 4.13.9. Architect's drawings showing the remounting of the security latches in guest rooms 110 and 112 is attached at Sheet A-5. Hardware on doors in guest rooms 110 and 112 will be replaced to be consistent with the Standards, S 4.13.9. Operating controls on heating and cooling fixtures will be made accessible, consistent with the Standards, S 4.27.4. The shelves and clothes rods in guest rooms 110 and 112 will be mounted consistent with the Standards, S 4.25.3. Architect's drawings showing the re-mounting of the shelves and clothes rods in guest rooms 110 and 112 is attached at Sheet A-5. The beds in guest rooms 110 and 112 will be relocated to provide maneuvering space, consistent with the Standards, S 9.2.2. Architect's drawings of the relocated beds in guest rooms 110 and 112 is attached at Sheet A-5. Grab bars for the toilets in Rooms 110 and 112 will be configured, consistent with the Standards, S 4.16.4. Architect's drawings of the grab bar configuration in Rooms 110 and 112 is attached at Sheet A-5 and A-8. Foam insulation on the hot water and drain pipes in rooms 110 and 112 will be installed, consistent with

the Standards, SS 4.19.2, 4.19.4, and the lavatories will be mounted at the required height. Architect's drawings of the changes to the lavatories are attached at Sheets A-5 and A-8. j. Shower controls will be installed in Rooms 110 and 112, consistent with the Standards, S 4.27.4. k. Hardware will be installed on doors to the bathrooms in rooms 110 and 112, consistent with the Standards, S 4.27.4. 7 01-01265

EXHIBIT 3 SETTLEMENT AGREEMENT NOW on this 19th day of June, 1996, for the good and valuable considerations set forth herein, the parties hereto agree as follows: 1. The parties to Exhibit 3, the Settlement Agreement, are Panchal & Patel, Inc. ("P&P"), the owner of the Days Inn Hotel at 1019 Bloomington Road, Champaign, Illinois ("Champaign Days Inn"), and Brian J. Pape ("Pape"), architect of the hotel. The United States is not a party to this Settlement Agreement. 2. The parties expressly acknowledge their agreement to the Consent Order which is concurrently entered in the United States District Court for the Central District of Illinois, Danville/Urbana Division and styled United States of America vs. Days Inns of America, Inc., Hospitality Franchise Systems, Inc., Panchal & Patel, Inc. and Brian J. Pape, Case No. 96-2028. The parties agree to comply therewith in good faith, timely, and in the manner set forth in Exhibits 1 and 2 of said Order. 3. The parties agree that this Settlement Agreement shall be incorporated into said Consent Order as Exhibit 3 and may be enforced by the Court under said Order. 4. The parties agree that their responsibility for performance

hereunder shall be divided between them as expressly set forth herein. These responsibilities shall not be extended by implication, or otherwise modified, amended or limited without the express written consent of the parties. 5. The parties agree that compliance with the Consent Order requires their mutual agreement and cooperation in achieving the timely execution of the remedial actions set forth OPI-386206.1 -101-01266

in Exhibit 2 to said Order. The parties acknowledge that each will undertake only these specific responsibilities which are set forth herein; that in performing these responsibilities, they will do so recognizing that the timely execution of the remedial actions of the Consent Order is dependent upon each party hereto acting in good faith to achieve the purposes of this Settlement Agreement and the requirements of the Consent Order. 6. For this reason, the parties expressly agree that each will hold the other harmless and will indemnify the other from claims, losses, damages, penalties, fines, and reasonable attorney's fees actually incurred as a result of any breach of this Settlement Agreement by the other party.

7. The parties agree that as a part of the consideration for this Settlement Agreement, they mutually release each other from any and all claims and/or causes of action for any loss or damage whatsoever arising out of or related in any way to the alleged violations of the ADA as set forth in the Consent Order, whether said loss or damage is known or unknown, now existing, or which may arise in the future. The parties agree that their liability to each other, if any, arising out of or related to said alleged violations of the ADA shall be expressly limited to the responsibilities undertaken within the four corners of this Settlement Agreement. This release shall be deemed effective upon the final execution herof. 8. The parties agree that P&P's obligations hereunder shall be to contribute to escrow the agreed percentage of the total cost of the remedial action set forth in Paragraph 10 hereof, to contract with a general contractor recommended by Pape, and make the property available to a general contractor for the completion of all remedial actions necessary to comply with the Consent Order. OPI-386206.1 -201-01267

9. The parties agree that Pape's obligations hereunder shall be to contribute to escrow the agreed percentage of total cost of the remedial action set forth in Paragraph 10 hereof, to provide the plans and specifications attached to Exhibit 2 of the Consent Order, to certify payment requests as provided by the general contractor, perform a walk through of the property before issuing final payment requests checking the remedial work for compliance with the plans. 10. The parties agree that the total cost of the remedial action required under the Consent Order, each shall be paid in the following percentage: P&P 28% Pape 72% Total 100% However, Pape's contribution toward the total cost of the required remedial action shall not exceed $30,000 and P&P's contribution towards the total cost of the required remedial action shall not exceed $8,400. 11. The parties agree that in addition to the amounts payable by Pape under Paragraph 9, Pape shall also pay the following stipulated liquidated sum to P&P in full and final compensation for any and all loss of income incurred or claimed to be incurred by P&P arising out of or related to compliance with the Consent Order. The sum payable is stipulated to be $4,500. Pape shall pay said amount to P&P upon execution of this Settlement Agreement. 12. The parties agree that concurrent with selection of a contractor and establishment of the total construction cost, each will pay into a construction escrow account to be opened at a federally insured bank in Champaign, Illinois, the following amounts: P&P 28% of the total construction cost Pape 72% of the total construction cost OPI-386206.1 -301-01268

It is agreed that out of this account shall be paid all costs and expenses of the remedial action. Payments shall be made by the Bank within 10 business days of receipt of each Certificate of Payment approved by both Pape and P&P. Payments shall be made to the contractor in the amount of the approved Certificate of Payment only upon receipt of lien releases from said contractor for the percentage of labor and materials being paid. 13. The parties acknowledge that disputes may arise regarding their respective performances hereunder. In order to minimize and/or resolve any such disputes in a reasonable and timely manner, the parties hereto agree to submit any such disputes that they cannot resolve faith negotiations to mediation under the construction industry mediation rules of the American Arbitration Association. Mediation shall be undertaken upon the written request of either party. Said mediation shall be conducted at the Champaign Days Inn, as soon as possible following said request. If said mediation does not resolve the dispute, then said dispute shall be submitted to binding arbitration under the construction industry arbitration rules of the American Arbitration Association having jurisdiction over Champaign, Illinois. The administrative costs and fees of the arbitration shall be split equally between the parties. 14. Compromise of Disputed Claim. The parties acknowledge that this is a compromise of a disputed claim, and that this Settlement Agreement shall not be construed as an admission of liability. 15. Binding Effect. Each party enters into this Settlement Agreement on behalf of itself and the employees, agents, consultants, directors, officers, shareholders, and representatives of it. This release shall be binding upon the successors of the parties. OPI-386206.1 -401-01269

16. Governing Law. This Settlement Agreement shall be interpreted in accordance with the laws of the State of Illinois. PANCHAL & PATEL, INC. By Name: Title: 6/25/96 Brian J. Pape OPI-386206.1 -501-01270

SETTLEMENT APPROVAL AND ATTORNEY'S LIENS RELEASED WALLACE, SAUNDERS, AUSTIN, BROWN AND ENOCHS, CHARTERED By Sue E. Yoakum 10111 West 87th Street P.O. Box 12290 Overland Park, Kansas 66282 (913) 888-1000 Fax - (913) 888-1065 ATTORNEYS FOR BRIAN J. PAPE HINSHAW & CULBERTSON By William F. Kopis Hinshaw & Culbertson 521 W. Main Street, Suite 300

P.O. Box 509 Belleview, Illinois 62222-0599 ATTORNEYS FOR BRIAN J. PAPE THOMAS, MAMER & HAUGHEY By David Krchak First of America Bank Bldg. P. O. Box 560 Champaign, Illinois 61824-0560 ATTORNEYS FOR PANCHAL & PATEL, INC. OPI-386206.1 -601-01271