UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION UNITED STATES OF AMERICA ) ) Plaintiff, ) ) vs. ) ) Cause No.

EV-96-28-C DAYS INNS OF AMERICA, INC., ) HOSPITALITY FRANCHISE SYSTEMS, ) INC., SARP, LTD., AND ) JOHN HEARD ASSOCIATES, INC., ) ) Defendants. ) JOINT MOTION FOR ENTRY OF SETTLEMENT AGREEMENT Plaintiff, the United States of America, and Defendant, Sarp, Ltd., parties to this action jointly move this Court to approve and enter the attached Settlement Agreement resolving this case as to the Defendant, Sarp, Ltd. In support of this Motion, the parties jointly represent to the Court as follows: 1. The parties are desirous of resolving this matter without the burden and expense of further litigation. 2. The intent of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. S12101, et. seq., will be effectuated by entry of the aforementioned Settlement Agreement 3. This Settlement Agreement is intended to and does resolve all matters in dispute between the Plaintiff and the named Defendant, Sarp, Ltd. as provided for in the Settlement Agreement. 01-01188

WHEREFORE, the parties jointly request that this Court approve and enter the attached Agreement. Respectfully submitted, Agreed to: For Plaintiff United States of America: TIM A. BAKER ROBERTA STINAR KIRKENDALL Assistant U.S. Attorney Attorney Southern District of Indiana Civil Rights Division 46 E. Ohio Street U.S. Department of Justice Indianapolis, Indiana 46240 P.O. Box 66738 (317)226-6333 Washington, D.C. 20035-6738 (202)307-0986 For Defendant SARP, Ltd.: WM. MICHAELS SCHIFF, Attorney for SARP, Ltd. MARY LEE FRANKE, Attorney for SARP, Ltd. Ziemer, Stayman, Weitzel & Shoulders Post Office Box 916 Evansville, IN 47706-0916 (812)424-7575 01-01189

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION UNITED STATES OF AMERICA ) ) Plaintiff, ) ) vs. ) ) Cause No. EV-96-28-C DAYS INNS OF AMERICA, INC., ) HOSPITALITY FRANCHISE SYSTEMS, ) INC., SARP, LTD., AND ) JOHN HEARD ASSOCIATES, INC., ) ) Defendants. ) SETTLEMENT AGREEMENT A. Background 1. On February 8, 1996, the United States filed an action under 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, SARP, Ltd., ("SARP") the owner of a Days Inn Hotelat 4819 Tecumseh Lane in Evansville, Indiana, ("the Hotel" or the "Evansville Days Inn"). 2. On or about November 22, 1994, representatives of the United States Department of Justice visited and inspected the Evansville Days Inn, as part of an investigation of the hotel conducted pursuant to Department of Justice's authority to review the complianceof entities covered by title III of the ADA,

42 U.S.C. S 12188 (b)(1)(A)(i). 3. As a result of its investigation, including its inspection of the hotel, the Department of Justice identified several features, elements, and spaces of the Evansville Days Inn that failed to comply with the ADA's Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the 1 01-01190​ Standards"). A list of the features, elements, and spaces of the hotel that havebeen identified as failing to comply with the Standards is attached hereto as Exhibit 1. 4. In an effort to resolve their differences expeditiously and without the burden, expense and delay of further litigation, plaintiff United States and defendant SARP, Ltd., have engaged in good faith negotiations. As a result of those negotiations, these parties have agreed to enter into this jointly proposed Settlement Agreement. B. Agreement of the Parties Accordingly, it is hereby agreed by the parties and approved by the court as follows: 1. 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. 2. Venue is proper in this district. 3. The Evansville 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 Evansville 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. Upon information and belief, the last building permit for the Evansville Days Inn was made or certified to be complete on or after January 26, 1992. 5. Upon information and belief, the first Certificate of Occupancy for the Evansville Days Inn was issued on or after January 26, 1993. 6. Defendant SARP is a private entity that owns the Evansville Days Inn. Defendant SARP initiated, contracted for, or participated in the design and construction of the hotel. 7. The Evansville Days Inn is not readily accessible to or usable by individuals with 2 01-01191 ​disabilities, as required by section 303 (a)(1) of the Act, 42 U.S.C. S 12183 (a)(1). The hotel's design and construction fails in numerous respects to comply with the Department of Justice's regulation implementing Title III of the ADA, 28 C.F.R. Part 36, ("the regulation"), including the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). See 28 C.F.R. S S 36.401, 36.406. A list of features, elements, and spaces of the hotel that do not comply with the Standards is attached here as Exhibit 1.

8. The failures to design and construct the Evansville Days Inn to be readily accessible to and usable by individuals with disabilities constitute a pattern or practice of discrimination within the meaning of 42 U.S.C. S 12188(b)(1)(B)(i) and 28 C.F.R. S 36.503(a). 9. The failures to design and construct the Evansville Days Inn to be readily accessible to and usable by individuals with disabilities constitute unlawful discrimination that raises an issue of general public importance within the meaning of 42 U.S.C. S 12188(b)(1)(B)(i)and 28 C.F.R. S 36.503(b). 10. This Settlement Agreement, being entered into by the parties, shall not be construed as an admission by the defendant, SARP, of any intentional violation of the ADA or any other law, rule or regulation dealing with or in connection with the ADA. 11. Not later than June 30, 1999, SARP will remedy the failures to comply with the Standards identified in Exhibit 1. It is agreed that the changes outlined in paragraph 9(d) of Exhibit 1 shall only be made to the bathrooms in the guest rooms located on the first floor of the hotel. Set forth in Exhibit 2 are the specific actions to be taken by SARP and, where appropriate, the architectural plans to be followed to remedy the failures to comply with the Standards identified in Exhibit 1. The actions specified in Exhibit 2 are numbered to correspond to the violations identified 3 01-01192

in Exhibit 1. 12. Not later than June 30, 1997, defendant SARP shall provide to counsel for the United States a report on the status of their compliance with this agreement. 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. Not later than June 30, 1998, defendant SARP shall provide to counsel for the United States a second report on the status of its compliance with this agreement. 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. 13. The parties hereto shall negotiate in good faith to resolve any dispute relating to the interpretation or implementation of this Agreement before bringing the matter to the Court's attention. 14. The Court shall retain jurisdiction of this action to enforce the provisions of this Agreement through June 30, 2000, after which time all of its provisions shall be terminated and the action against SARP shall be dismissed with prejudice, unless the Court determines it is necessary to extend any of the requirements in this Agreement, in which case those requirements shall be extended. Each party shall bear its own costs and attorney fees. 15. Defendant SARP shall comply with the ADA Standards in any future involvement by it in the design and construction of a public accommodation or commercial facility. 16. This agreement relates solely to the facts and events alleged in the United States' complaint and shall govern the compliance of the defendant SARP with the ADA's Standards for Accessible Design at the Evansville Days Inn located at 4819 Tecumseh Lane. This Agreement 4 01-01193

does not address, and shall not be construed to address, any other issues of ADAcompliance at the Evansville Days Inn, or at any other commercial facility or place of public accommodation designed and constructed by defendant SARP or any other violations of federal law. 17. This instrument reflects the entire agreement between the parties hereto. SO ORDERED this day of June 1996 United States District Judge Agreed to: For Plaintiff United States of America: TIM A. BAKER ROBERTA STINAR KIRKENDALL Assistant U.S. Attorney Attorney Southern District of Indiana Civil Rights Division 46 E. Ohio Street U.S. Department of Justice Indianapolis, Indiana 46240 P.O. Box 66738 (317) 226-6333 Washington, D.C. 20035-6738 (202) 307-0986 For Defendant SARP, Ltd.: WM. MICHAEL SCHIFF, Attorney for SARP, Ltd. MARY LEE FRANKE, Attorney for SARP, Ltd. Ziemer, Stayman, Weitzel & Shoulders Post Office Box 916 Evansville, IN 47706-0916 (812) 424-7575 5 01-01194

EXHIBIT 1 Failures of the Evansville, Indiana Days Inn to comply with the ADA's Standards for Accessible Design identified by the U.S. Department of Justice 1. Parking and passenger loading zone violations a. There are no accessible parking spaces. There are 66 spaces in the lot; the Standards require three accessible spaces, including at least one van accessible space. Standards S 4.1.2(5). While three spaces are designated accessible, none complies with the requirements of the Standards, as specified in items 1.b., c., and d., below. b. The parking spaces designated accessible are not level. Standards S 4.6.3. c. Two of the spaces designated accessible do not have an access aisle that is level, because a built-up curb ramp projects into the access aisle. Standards S 4.6.3. d. The third space designated accessible has an access aisle that does not adjoin an accessible route to the entrance. Standards S 4.6.3. e. None of the spaces designated accessible has an elevated sign designating it as "van accessible." Standards S 4.6.4.

f. g. 2.

The passenger loading zone at the front entrance to the hotel does not have a demarcated access aisle, and the passenger loading zone is not level. Standards S 4.6.6. There is no sign identifying an accessible passenger loading zone. Standards S 4.1.2(7).

Exterior route violations a. The curb ramp located in the access aisle between two of the paces designated accessible is too steep, and has flared sides that are too steep. Standards SS 4.7.2, 4.7.5. b. The curb ramp at the front entrance has a side flare and a cross-slope that are too steep. Standards SS 4.7.2, 4.7.5. c. Where it crosses the curb ramp at the front entrance to the building, the route along the walkway in front of the building from the parking spaces designated 01-01195

accessible to the front entrance has a slope and a cross-slope that are too steep. Standards S 4.3.7. d. A hook projects more than 4" from the fence surrounding the pool area. Standards S 4.4.1. e. The walkway from the pool gate to the public way in front of the hotel has a slope of more than 1:20. This walkway does not comply with the requirements for ramps in that it has no handrails, and has inadequate landings. Standards SS 4.3.8, 4.8. Violations at exterior and interior stairs and areas of rescue assistance a. The design of the stairways on the first floor reduces vertical clearance adjacent to an accessible route to less than 80", but no barrier to warn blind or visually-impaired persons is provided. Standards S 4.4.2.

4.

Violations at entrances and exits The ground area within the maneuvering clearance required at the front entrance door is not level. Standards S 4.13.6. b. The threshold at the front entrance door is too high. Standards S 4.13.8. c. The door at the front entrance closes too quickly. Standards S 4.13.10. d. Several doors have thresholds that are too high, including doors at the hall and the stairway at north exit door (at the pool), and at the hall and the stairway at the south exit door. Standards S 4.13.8. e. The hardware on the gate at the pool area is mounted too high. Standards SS 4.13.3, 4.13.9. f. The ground area within the required maneuvering clearance at the pool gate is not level. Standards S 4.13.6: 2 01-01196 a.

Front lobby violations a. The single drinking fountain in the lounge at the lobby is mounted low enough for a wheelchair user to drink from, but

there is no drinking fountain or water cooler accessible to individuals who have difficulty bending or stooping. Standards S 4.1.3(10). 6. Interior route violations a. The interior door between the lobby and the area behind the registration desk has inadequate maneuvering clearance on the pull side of the door. Standards S 4.13.6. b. The door from the hall to the conference room has inadequate maneuvering clearance on the pull side of the door. Standards S 4.13.6. c. The hardware on the doors to the electric and linen rooms require tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. d. The fire extinguisher cabinets in each of the hotel's hallways project more than 4" into the hallways. Standards S 4.4.1. e. The elevator has no hall lantern on any floor, and no audible signal to indicate the direction of the elevator call. Standards S 4.10.4. f. The emergency communication system in the elevator requires voice communication. Standards S 4.10.14. 7. Violations with respect to public and common use toilet rooms a. The toilet in the lobby restroom is too close to the side wall. Standards S 4.16.2. b. The side wall grab bar at the toilet in the lobby restroom does not extend far enough from the rear wall, and the rear wall grab bar is too short. Standards S 4.16.4. c. The door to the toilet room in the conference room has inadequate maneuvering clearance on the pull side of the door. Standards S 13.6. d. There is inadequate clear floor space at the toilet in the conference room toilet room. Standards S 4.16.2. 3 01-01197

The toilet in the conference room toilet room is too low. Standards S 4.16.3. f. There is no rear wall grab bar at the toilet in the conference room toilet room, and the side wall grab bar does not extend far enough from the rear wall. Standards S 4.16.4. g. The toilet in the conference room toilet room is not on an accessible route. Standards S 4.22.3. h. There is inadequate knee clearance under the lavatory in the conference room toilet room. Standards S 4.19.2. i. There is inadequate clear floor space at the lavatory in the conference room toilet room. Standards S 4.19.3. j. The hot water and drain pipes under the lavatory in the conference room toilet room are not insulated or otherwise configured to protect against contact. Standards S 4.19.4. k. There is no unobstructed turning space in the conference room toilet room. Standards S 4.22.3. l. The towel rod in the conference room toilet room is too high. Standards S 4.25.3. . Violations with respect to public and common use rooms and spaces a. There is no visual alarm in the conference room or in the hotel laundry and workroom. Standards S 4.28.1. 9. Violations with respect to guest rooms generally a. There are an inadequate number of accessible guest rooms. The hotel has 60 guest rooms and suites; the Standards require three accessible guest rooms, and a fourth guest room with a roll-in shower. The hotel has only three guest rooms designated accessible. Standards S 9.1.2. 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. 4 01-01198

e.

Each of the guest rooms designated accessible has only one queen-sized bed. The hotel has approximately 38 rooms with two beds, but none of these rooms is accessible. ii) The hotel has three suites with oversized bathtubs with whirlpools, but none of these rooms is accessible. c. The hotel has no rooms with notification devices for telephones, and an inadequate number of notification devices for a door knock. The Standards require a hotel with 60 rooms to have seven rooms with notification devices. Standards S 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. 10. Violations with respect to guest rooms designated accessible -- Rooms 102, 103, 104 a. The locks on the inside of the doors to guest rooms 102, 103 and 104 are too high. Standards S 4.13.9. b. The visual alarms in guest rooms 102, 103 and 104 are not connected to the building alarm system. Standards S 4.28.3. c. The operating controls for the air conditioning and heating units, and for the wall mounted lights in guest rooms 102, 103 and 104 require tight grasping, pinching, or twisting of the wrist. Standards S 4.27.4. d. The clothing rods in the closet alcoves in guest rooms 102, 103 and 104 are too high. Standards S 4.25.3. e. The hardware on the connecting doors in guest rooms 102, 103 and 104 requires tight grasping, pinching, or twisting of the wrist.

i)

Standards S 4.13.9. There is inadequate maneuvering clearance alongside the beds in guest rooms 102, 103 and 104. Standards S 9.2.2(1). g. The grab bars for the toilets in guest rooms 102, 103 and 104 do not comply with the requirements of the Standards in that the rear wall grab bars are too short, and the side wall grab bars do not extend far enough from the rear wall. Standards S 4.16.4. h. The toilet in guest rooms 102, 103 and 104 are too close to the side wall. Standards S 4.16.2. 5 01-01199 f.

There is inadequate clear floor space at the toilets in guest rooms 102, 103 and 104. Standards S 4.23.3. j. The roll-in shower in guest room 104 is too small. Standards S 9.1.2. k. The shower spray unit in the bathroom in guest room 104 is not located adjacent to the seat. Standards S 9.1.2. l. There are no lower grab bars provided in the tubs in guest rooms 102 and 103. Standards S 4.21.4. m. The controls for the bathtubs in guest rooms 102 and 103 are improperly located. Standards S 4.20.5. n. The controls for the showers in guest rooms 102 and 103 require tight grasping, pinching or twisting of the wrist. Standards S 4.27.4. o. There is no tub seat provided for the bathtubs in guest rooms 102 and 103. Standards S 4.20.3. 6 01-01200

i.

EXHIBIT 2 Actions to be taken by SARP, Ltd., to remedy failures of the Evansville Days Inn to comply with the ADA's Standards for Accessible Design 1. Parking and passenger loading zone a. The accessible parking area will be moved, and three accessible parking spaces including one van-accessible space will be provided, consistent with the Standards, S 4.1.2(5). An

architect's drawing showing the accessible spaces is attached. The accessible parking area will be moved, providing level parking spaces, consistent with the Standards, S 4.6.3. An architect's drawing showing the level accessible spaces is attached. c. The accessible parking area will be moved, and the required access aisles will be provided, consistent with the Standards, S 4.6.3. An architect's drawing showing the correct access aisles is attached. d. The accessible parking area will be moved, and the access aisles will adjoin an accessible route to the hotel entrance, consistent with the Standards, S 4.6.3. An architect's drawing showing the new accessible parking area is attached. e. Spaces designated as accessible will have vertical signs, including a "van- accessible" sign, consistent with the Standards, S 4.6.4. f. The passenger loading zone at the front entrance to the hotel lobby will be redone to provide a demarcated access aisle, and will be made level, consistent with the Standards, S 4.6.6. An architect's drawing showing the accessible passenger loading zone is attached. g. A sign identifying the accessible passenger loading zone will be installed, consistent with the Standards, S 4.1.2(7). Exterior route a. The accessible parking area will be moved, and all curb ramps installed will be consistent with the Standards, SS 4.7.2, 4.7.5. An architect's drawing showing the new accessible parking area is attached. b. The existing curb ramp at the front entrance will be modified to have a side flare and cross slope that are consistent with the Standards, SS 4.7.2, 4.7.5. An architect's drawing showing the correct curb ramp is attached. 01-01201 b.

The route along the walkway in front of the building from the parking spaces designated accessible to the front entrance of the hotel at the curb ramp will be redone to have a slope and cross slope that are consistent with the Standards, S 4.3.7. An architect's drawing showing the accessible route along the walkway is attached. d. The hook on the fence surrounding the pool area that protrudes into the accessible route will be removed, consistent with the Standards, S 4.4.1. e. The walkway from the pool to the walkway in front of the hotel will be redone to have the a slope not exceeding 1:20, will have the required landings and will have the required handrails, consistent with the Standards, SS 4.3.8, 4.8. An architect's drawing showing the accessible walkway is attached. 3. Exterior and interior stairs and areas of rescue assistance a. Cane detection barriers will be installed at both stairways on the first floor, consistent with the Standards, S 4.4.2. An architect's drawing showing the accessible route(s) and stairway(s) on the first floor is attached. 4. Entrances and exits a. The ground area within the required maneuvering clearance at the front entrance door will be made level, consistent with the Standards, S 4.13.6. An architect's drawing showing the accessible maneuvering clearance is attached. b. The existing threshold at the front entrance door will be replaced with a threshold that is consistent with the Standards, S 4.13.8. c. The closers on the front entrance doors will be replaced or adjusted to have the required sweep period, consistent with the Standards, S 4.13.10. d. The existing thresholds at the hall and the stairway at the north exit door (at the pool), and at the hall and the stairway at the south exit door will be replaced with thresholds that are consistent with the Standards, S 4.13.8. e. The hardware on the gate at the pool area will be placed at a height that is consistent with the Standards, SS 4.13.3, 4.13.9. An architect's drawing showing the placement of the accessible gate hardware is attached. f. The ground area within the required maneuvering clearance at the pool gate will be made level, consistent with the Standards, S 4.13.6. An architect's drawing of the accessible maneuvering clearance is attached.

c.

2 01-01202

5.

Front lobby a. A water cooler will be installed on the counter adjacent to the drinking fountain in the lounge in the lobby, consistent with the Standards, S 4.1.3(10). An architect's drawing showing the height of the accessible water cooler is attached. 6. Interior route a. 60 inches of the back counter in the lobby/reception area will be removed to provide the required adequate maneuvering clearance, consistent with the Standards, S 4.13.6. An architect's drawing showing the accessible maneuvering clearance is attached. b. The conference room will be re-designated for use as an accessible guest room. An architect's drawing showing the reconfigured space is attached. c. The existing hardware on the doors to the electric and linen rooms will be replaced with hardware that is consistent with the Standards, S 4.13.9. d. The fire extinguisher cabinets in each of the hotel's hallways will be recessed into the hall walls, and will not protrude more than 4 inches into the hallways, consistent with the Standards, S 4.4.1. An architect's drawing showing the recessed fire extinguisher cabinets is attached. e. Visual and audible signal devices indicating the direction of the elevator call will be installed in the hotel elevator, consistent with the Standards, S 4.10.4. f. A light will be installed on the emergency communication system signaling the receipt of a call for emergency assistance, consistent with the Standards, S 4.10.14. 7. Public and common use toilet rooms a. The side wall in the lobby restroom will be moved to provide the required distance from the side wall to the center line, consistent with the Standards, S 4.16.2. An architect's drawing showing the modified lobby restroom is attached. b. The side wall grab bar in the toilet in the lobby will be

counted at the required distance from the rear wall, and the existing rear wall grab bar will be replaced with a grab bar of the required length, consistent with the 3 01-01203

c.

d.

e.

f.

g.

Standards, S 4.16.4. An architect's drawing showing the modified accessible restroom is attached. The conference room will be modified for use as an accessible guest room, and the fixtures in the restroom will be modified to provide the required maneuvering clearance on the pull side of the door, consistent with the Standards, S 4.13.6. An architect's drawing showing the modified space is attached. The conference room will be modified for use as an accessible guest room. The toilet in the restroom will be modified to have the required clear floor space, consistent with the Standards, S 4.16.2. An architect's drawing showing the modified space is attached. The conference room will be modified for use as an accessible guest room. The toilet in the restroom will be raised to the required height, consistent with the Standards, S 4.16.3. An architect's drawing showing the modified space is attached. The conference room will be modified for use as an accessible guest room. A rear wall grab bar will be installed at the toilet, and the side wall grab bar will be modified to extend the required distance from the wall, consistent with the Standards, S 4.16.4. An architect's drawing showing the modified space is attached. The conference room will be modified for use as an accessible guest room, with an accessible toilet room that is consistent with the Standards. An architect's drawing showing the modified

space is attached. The conference room will be modified for use as an accessible guest room. The lavatory in the toilet room will be modified to provide the required knee clearance, consistent with the Standards, S 4.19.2. An architect's drawing showing the modified space is attached. i. The conference room will be modified for use as an accessible guest room. The lavatory in the toilet room will be modified to have the required clear floor space, consistent with the Standards, S 4.19.3. An architect's drawing showing the modified space is attached. j. The conference room will be modified for use as an accessible guest room. The hot water and drain pipes under the lavatory in the toilet room will be protected against contact, consistent with the Standards, S 4.19.4. An architect's drawing showing the modified space is attached. 4 01-01204 h.

The conference room will be modified for use as an accessible guest room. The toilet room will be modified to provide the required unobstructed turning space, consistent with the Standards, S 4.22.3. An architect's drawing showing the modified space is attached. l. The conference room will be modified for use as an accessible guest room. The towel rod in the toilet room will be mounted at a height that is consistent with the Standards, S 4.25.3. An architect's drawing showing the modified space is attached. 8. Public and common use rooms and spaces a. Visual alarms will be installed in the hotel laundry, linen, and workrooms, consistent with the Standards, S 4.28.1. An architect's drawing showing the placement of the visual alarms is attached. 9. Guest rooms generally

k.

The conference room will be modified to be accessible, and will incorporate the changes noted in Items 9(b)(i), (ii). In addition, accessible guest room 104 will be modified to have a roll-in shower with a folding seat and no grab bars behind the seat, consistent with the Standards, S 9.1.2. Architect's drawings showing the accessible guest rooms, including all changes listed in items 10(a)- (o) and 9(b)(i), (ii) are attached. b. i. The furniture in the newly accessible guest room, in addition to one other guest room, will be reconfigured to include 2 beds to provide the same range of options of sleeping accommodations available to all patrons of the hotel, consistent with the Standards, S 9.4.1. An architect's drawing showing the reconfigured rooms is attached. ii. The newly accessible guest room will be modified to have an oversized bathtub and whirlpool to provide the same range of options available to all patrons of the hotel, consistent with the Standards, S 9.4.1. An architect's drawing showing the modified accessible guest room is attached. c. Additional telephone notification devices will be installed in 6 guest rooms, and additional door knock notification devices will be installed in 4 rooms to meet the total required complement of notification devices, consistent with the Standards, SS 9.1.2, 9.1.3, 9.3. d. The doors to the bathrooms in the guest rooms not designated accessible that are located on the first floor of the facility will be widened to provide a 32 5 01-01205

a.

inch clear opening width, consistent with the Standards, SS 4.13.5, 9.4. An architect's drawing showing the modified doors is attached. 10. Guest rooms designated accessible -- Rooms 102, 103, 104 a. The locks on the inside of the doors to guest rooms 102, 103 and

104 will be mounted at a height that is consistent with the Standards, S 4.13.9. An architect's drawing showing the location of the accessible door locks is attached. b. The visual alarms in guest rooms 102, 103, and 104 will be connected to the building alarm system, consistent with the Standards, S 4.28.3. An architect's drawing showing the hardwiring and outlets is attached. c. The existing operating controls for the air conditioning and heating units, and for the wall mounted lights in guest rooms 102, 103, and 104 will be replaced with controls that are consistent with the Standards, S 4.27.4. d. The clothing rods in the closet alcoves in guest rooms 102, 103, and 104 will be mounted at a height that is consistent with the Standards, S 4.25.3. An architect's drawing showing the accessible clothing rods is attached. e. The existing hardware on the connecting doors in guest rooms 102, 103, and 104 will be replaced with hardware that is consistent with the Standards, S 4.13.9. f. The furniture in guest rooms 102, 103, and 104 will be reconfigured to provide the required maneuvering clearance alongside the beds, consistent with the Standards, S 9.2.2(1). An architect's drawing showing the reconfigured accessible rooms is attached. g. The side wall grab bars for the toilets in guest rooms 102, 103, and 104 will be mounted to extend the required distance from the rear wall, and the rear wall grab bars will be replaced with grab bars of the required length, consistent with the Standards, S 4.16.4. An architect's drawing showing the correct grab bars is attached. h. The walls in the toilet rooms in guest rooms 102, 103, and 104 will be relocated to provide the required distance from the toilets to the side walls, consistent with the Standards, S 4.16.2. An architect's drawing showing the accessible toilets is attached. 6 01-01206

The toilet rooms in guest rooms 102, 103, and 104 will be modified to provide the required clear floor space, consistent with the Standards, S 4.23.3. An architect's drawing showing the modified accessible toilet rooms is attached. j. The roll-in shower in guest room 104 will modified to have the required dimensions, with a folding seat and no grab bars behind the seat, consistent with the Standards, S 9.1.2. An architect's drawing showing the modified roll-in shower is attached. k. The shower spray unit in the roll-in shower in guest room 104 will be mounted next to the folding seat, consistent with the Standards, S 9.1.2. An architect's drawing showing the modified roll-in shower and spray unit is attached. l. Lower grab bars will be installed in the tubs in guest rooms 102 and 103, consistent with the Standards, S 4.21.4. An architect's drawing showing the accessible tubs and grab bars is attached. m. The existing controls for the bathtubs in guest rooms 102 and 103 will be replaced with controls that are consistent with the Standards, S 4.20.5. n. The existing controls for the showers in guest rooms 102 and 103 will be replaced with controls that are consistent with the Standards, S 4.27.4. o. Tub seats will be installed in the tubs in guest rooms 102 and 103, consistent with the Standards, S 4.20.3. An architect's drawing showing the accessible tubs and seats is attached. 7 01-01207

i.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION UNITED STATES OF AMERICA ) ) Plaintiff, ) ) vs. ) ) Cause No. EV-96-28-C DAYS INNS OF AMERICA, INC., ) HOSPITALITY FRANCHISE SYSTEMS, ) INC., SARP, LTD., AND ) JOHN HEARD ASSOCIATES, INC., ) ) Defendants. ) SETTLEMENT AGREEMENT A. Background 1. On February 8, 1996, the United States filed an action under 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, SARP, Ltd., ("SARP") the owner of a Days Inn Hotel at 4819 Tecumseh Lane in Evansville, Indiana, ("the Hotel" or the "Evansville Days Inn"). 2. On or about November 22, 1994, representatives of the United States Department of Justice visited and inspected the Evansville Days Inn, as part of an investigation of the hotel conducted pursuant to Department of Justice'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). 3. As a result of its investigation, including its inspection of the hotel, the Department of Justice identified several features, elements, and spaces of the Evansville Days Inn that failed to comply with the ADA's

Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the 1 01-01208

Standards"). A list of the features, elements, and spaces of the hotel that have been identified as failing to comply with the Standards is attached hereto as Exhibit 1. 4. In an effort to resolve their differences expeditiously and without the burden, expense and delay of further litigation, plaintiff United States and defendant SARP, Ltd., have engaged in good faith negotiations. As a result of those negotiations, these parties have agreed to enter into this jointly proposed Settlement Agreement. B. Agreement of the Parties Accordingly, it is hereby agreed by the parties and approved by the court as follows: 1. 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. 2. Venue is proper in this district. 3. The Evansville 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 Evansville 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. Upon information and belief, the last building permit for the

Evansville Days Inn was made or certified to be complete on or after January 26, 1992. 5. Upon information and belief, the first Certificate of Occupancy for the Evansville Days Inn was issued on or after January 26, 1993. 6. Defendant SARP is a private entity that owns the Evansville Days Inn. Defendant SARP initiated, contracted for, or participated in the design and construction of the hotel. 7. The Evansville Days Inn is not readily accessible to or usable by individuals with 2 01-01209

disabilities, as required by section 303 (a) (1) of the Act, 42 U.S.C. S 12183 (a) (1). The hotel's design and construction fails in numerous respects to comply with the Department of Justice's regulation implementing Title III of the ADA, 28 C.F.R. Part 36, ("the regulation"), including the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). See 28 C.F.R. SS 36.401, 36.406. A list of features, elements, and spaces of the hotel that do not comply with the Standards is attached here as Exhibit 1. 8. The failures to design and construct the Evansville Days Inn to be readily accessible to and usable by individuals with disabilities constitute a pattern or practice of discrimination within the meaning of 42 U.S.C. S

12188(b)(1)(B)(i) and 28 C.F.R. S 36.503(a). 9. The failures to design and construct the Evansville Days Inn to be readily accessible to and usable by individuals with disabilities constitute unlawful discrimination that raises an issue of general public importance within the meaning of 42 U.S.C. S 12188 (b) (1) (B)(ii) and 28 C.F.R. S 36.503 (b). 10. This Settlement Agreement, being entered into by the parties, shall not be construed as an admission by the defendant, SARP, of any intentional violation of the ADA or any other law, rule or regulation dealing with or in connection with the ADA. 11. Not later than June 30, 1999, SARP will remedy the failures to comply with the Standards identified in Exhibit 1. It is agreed that the changes outlined in paragraph 9(d) of Exhibit 1 shall only be made to the bathrooms in the guest rooms located on the first floor of the hotel. Set forth in Exhibit 2 are the specific actions to be taken by SARP and, where appropriate, the architectural plans to be followed to remedy the failures to comply with the Standards identified in Exhibit 1. The actions specified in Exhibit 2 are numbered to correspond to the violations identified 3 01-01210 ​in Exhibit 1. 12. Not later than June 30, 1997, defendant SARP shall provide to counsel for the United States a report on the status of their compliance with this agreement. 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. Not later than June 30, 1998, defendant SARP shall provide to counsel for the United States a second report on the status of its compliance with this agreement. 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. 13. The parties hereto shall negotiate in good faith to resolve any dispute relating to the interpretation or implementation of this Agreement before bringing the matter to the Court's attention. 14. The Court shall retain jurisdiction of this action to enforce the provisions of this Agreement through June 30, 2000, after which time all of its provisions shall be terminated and the action against SARP shall be dismissed with prejudice, unless the Court determines it is necessary to extend any of the requirements in this Agreement, in which case those requirements shall be extended. Each party shall bear its own costs and attorney fees. 15. Defendant SARP shall comply with the ADA Standards in any future involvement by it in the design and construction of a public accommodation or commercial facility. 16. This agreement relates solely to the facts and events alleged in

the United States' complaint and shall govern the compliance of defendant SARP with the ADA's Standards for Accessible Design at the Evansville Days Inn located at 4819 Tecumseh Lane. This Agreement 4 01-01211​ does not address, and shall not be construed to address, any other issues of ADA compliance at the Evansville Days Inn, or at any other commercial facility or place of public accommodation designed and constructed by defendant SARP or any other violations of federal law. 17. This instrument reflects the entire agreement between the parties hereto. SO ORDERED this 31st day of July, 1996. United States District Judge Agreed to: For Plaintiff United States of America: TIM A. BAKER ROBERTA STINAR KIRKENDALL Assistant U.S. Attorney Attorney Southern District of Indiana Civil Rights Division 46 E. Ohio Street U.S. Department of Justice Indianapolis, Indiana 46240 P.O. Box 66738 (317) 226-6333 Washington, D.C. 20035-6738 (202) 307-0986 For Defendant SARP, Ltd.: WM. MICHAEL SCHIFF, Attorney for SARP, Ltd. MARY LEE FRANKE, Attorney for SARP, Ltd. Ziemer, Stayman, Weitzel & Shoulders Post Office Box 916 Evansville, IN 47706-0916 (812) 424-7575 5 01-01212 ​ EXHIBIT 1 Failures of the Evansville, Indiana Days Inn to comply with the ADA's Standards for Accessible Design identified by the U.S. Department of Justice 1. Parking and passenger loading zone violations a. There are no accessible parking spaces. There are 66 spaces in the lot; the Standards require three accessible spaces, including at least one van accessible space. Standards S 4.1.2(5). While three spaces are designated accessible, none complies with the requirements of the Standards, as specified in items 1.b., c., and d., below. b. The parking spaces designated accessible are not level. Standards S 4.6.3.

Two of the spaces designated accessible do not have an access aisle that is level, because a built-up curb ramp projects into the access aisle. Standards S 4.6.3. d. The third space designated accessible has an access aisle that does not adjoin an accessible route to the entrance. Standards S 4.6.3. e. None of the spaces designated accessible has an elevated sign designating it as "van accessible." Standards S 4.6.4. f. The passenger loading zone at the front entrance to the hotel does not have a demarcated access aisle, and the passenger loading zone is not level. Standards S 4.6.6. g. There is no sign identifying an accessible passenger loading zone. Standards S 4.1.2(7). 2. Exterior route violations a. The curb ramp located in the access aisle between two of the spaces designated accessible is too steep, and has flared sides that are too steep. Standards S S 4.7.2, 4.7.5. b. The curb ramp at the front entrance has a side flare and a cross-slope that are too steep. Standards S S 4.7.2, 4.7.5. c. Where it crosses the curb ramp at the front entrance to the building, the route along the walkway in front of the building from the parking spaces designated 01-01213

c.

d.

accessible to the front entrance has a slope and a cross-slope that are too steep. Standards S 4.3.7. A hook projects more than 4" from the fence surrounding the pool area. Standards S 4.4.1.

The walkway from the pool gate to the public way in front of the hotel has a slope of more than 1:20. This walkway does not comply with the requirements for ramps in that it has no handrails, and has inadequate landings. Standards S S 4.3.8, 4.8. 3. Violations at exterior and interior stairs and areas of rescue assistance a. The design of the stairways on the first floor reduces vertical clearance adjacent to an accessible route to less than 80", but no barrier to warn blind or visually-impaired persons is provided. Standards S 4.4.2. Violations at entrances and exits a. The ground area within the maneuvering clearance required at the front entrance door is not level. Standards S 4.13.6. b. The threshold at the front entrance door is too high. Standards S 4.13.8. c. The door at the front entrance closes too quickly. Standards S 4.13.10. d. Several doors have thresholds that are too high, including doors at the hall and the stairway at north exit door (at the pool), and at the hall and the stairway at the south exit door. Standards S 4.13.8. e. The hardware on the gate at the pool area is mounted too high. Standards S S 4.13.3, 4.13.9. f. The ground area within the required maneuvering clearance at the pool gate is not level. Standards S 4.13.6. 2 01-01214

e.

5.

Front lobby violations a. The single drinking fountain in the lounge at the lobby is mounted low enough for a wheelchair user to drink from, but there is no drinking fountain or water cooler accessible to individuals who have difficulty bending or stooping. Standards S 4.1.3(10). 6. Interior route violations a. The interior door between the lobby and the area behind the registration desk has inadequate maneuvering clearance on the pull side of the door. Standards S 4.13.6. b. The door from the hall to the conference room has inadequate maneuvering clearance on the pull side of the door. Standards S 4.13.6. c. The hardware on the doors to the electric and linen rooms require tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. d. The fire extinguisher cabinets in each of the hotel's hallways project more than 4" into the hallways. Standards S 4.4.1. e. The elevator has no hall lantern on any floor, and no audible signal to indicate the direction of the elevator call. Standards S 4.10.4. f. The emergency communication system in the elevator requires voice communication. Standards S 4.10.14. 7. Violations with respect to public and common use toilet rooms a. The toilet in the lobby restroom is too close to the side wall. Standards S 4.16.2. b. The side wall grab bar at the toilet in the lobby restroom does not extend far enough from the rear wall, and the rear wall grab bar is too short. Standards S 4.16.4. c. The door to the toilet room in the conference room has inadequate maneuvering clearance on the pull side of the door. Standards S 4.13.6. d. There is inadequate clear floor space at the toilet in the conference room toilet room. Standards S 4.16.2. 3 01-01215

The toilet in the conference room toilet room is too low. Standards S 4.16.3. f. There is no rear wall grab bar at the toilet in the conference room toilet room, and the side wall grab bar does not extend far enough from the rear wall. Standards S 4.16.4. g. The toilet in the conference room toilet room is not on an accessible route. Standards S 4.22.3. h. There is inadequate knee clearance under the lavatory in the conference room toilet room. Standards S 4.19.2. i. There is inadequate clear floor space at the lavatory in the conference room toilet room. Standards S 4.19.3. j. The hot water and drain pipes under the lavatory in the conference room toilet room are not insulated or otherwise configured to protect against contact. Standards S 4.19.4. k. There is no unobstructed turning space in the conference room toilet room. Standards S 4.22.3. l. The towel rod in the conference room toilet room is too high. Standards S 4.25.3. 8. Violations with respect to public and common use rooms and spaces a. There is no visual alarm in the conference room or in the hotel laundry and workroom. Standards S 4.28.1. 9. Violations with respect to guest rooms generally a. There are an inadequate number of accessible guest rooms. The hotel has 60 guest rooms and suites; the Standards require three accessible guest rooms, and a fourth guest room with a roll-in shower. The hotel has only three guest rooms designated accessible. Standards S 9.1.2. 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.

e.

4 01-01216

Each of the guest rooms designated accessible has only one queen-sized bed. The hotel has approximately 38 rooms with two beds, but none of these rooms is accessible. ii) The hotel has three suites with oversized bathtubs with whirlpools, but none of these rooms is accessible. c. The hotel has no rooms with notification devices for telephones, and an inadequate number of notification devices for a door knock. The Standards require a hotel with 60 rooms to have seven rooms with notification devices. Standards S 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. 10. Violations with respect to guest rooms designated accessible -- Rooms 102, 103, 104 a. The locks on the inside of the doors to guest rooms 102, 103 and 104 are too high. Standards S 4.13.9. b. The visual alarms in guest rooms 102, 103 and 104 are not connected to the building alarm system. Standards S 4.28.3. c. The operating controls for the air conditioning and heating units, and for the wall mounted lights in guest rooms 102, 103

i)

and 104 require tight grasping, pinching, or twisting of the wrist. Standards S 4.27.4. d. The clothing rods in the closet alcoves in guest rooms 102, 103 and 104 are too high. Standards S 4.25.3. e. The hardware on the connecting doors in guest rooms 102, 103 and 104 requires tight grasping, pinching, or twisting of the wrist. Standards S 4.13.9. f There is inadequate maneuvering clearance alongside the beds in guest rooms 102, 103 and 104. Standards S 9.2.2(1). g. The grab bars for the toilets in guest rooms 102, 103 and 104 do not comply with the requirements of the Standards in that the rear wall grab bars are too short, and the side wall grab bars do not extend far enough from the rear wall. Standards S 4.16.4. h. The toilet in guest rooms 102, 103 and 104 are too close to the side wall. Standards S 4.16.2. 5 01-01217

i.

There is inadequate clear floor space at the toilets in guest rooms 102, 103 and 104. Standards S 4.23.3. j. The roll-in shower in guest room 104 is too small. Standards S 9.1.2. k. The shower spray unit in the bathroom in guest room 104 is not located adjacent to the seat. Standards S 9.1.2. l. There are no lower grab bars provided in the tubs in guest rooms 102 and 103. Standards S 4.21.4. m. The controls for the bathtubs in guest rooms 102 and 103 are improperly located. Standards S 4.20.5.

The controls for the showers in guest rooms 102 and 103 require tight grasping, pinching or twisting of the wrist. Standards S 4.27.4. o. There is no tub seat provided for the bathtubs in guest rooms 102 and 103. Standards S 4.20.3. 6 01-01218

n.

EXHIBIT 2

Actions to be taken by SARP, Ltd., to remedy failures of the Evansville Days Inn to comply with the ADA's Standards for Accessible Design 1. Parking and passenger loading zone a. The accessible parking area will be moved, and three accessible parking spaces including one van-accessible space will be provided, consistent with the Standards, S 4.1.2(5). An architect's drawing showing the accessible spaces is attached. b. The accessible parking area will be moved, providing level parking spaces, consistent with the Standards, S 4.6.3. An architect's drawing showing the level accessible spaces is attached. c. The accessible parking area will be moved, and the required access aisles will be provided, consistent with the Standards, S 4.6.3. An architect's drawing showing the correct access aisles is attached. d. The accessible parking area will be moved, and the access aisles will adjoin an accessible route to the hotel entrance, consistent with the Standards, S 4.6.3. An architect's drawing showing the new accessible parking area is attached. e. Spaces designated as accessible will have vertical signs, including a "van- accessible" sign, consistent with the Standards S 4.6.4. f. The passenger loading zone at the front entrance to the hotel lobby will be redone to provide a demarcated access aisle, and will be made level, consistent with the Standards, S 4.6.6. An architect's drawing showing the accessible passenger loading zone is attached. g. A sign identifying the accessible passenger loading zone will be installed, consistent with the Standards, S 4.1.2(7). 2. Exterior route a. The accessible parking area will be moved, and all curb ramps installed will be consistent with the Standards, S S 4.7.2, 4 .7.5. An architect's drawing showing the new accessible parking area is attached. b. The existing curb ramp at the front entrance will be modified to have a side flare and cross slope that are consistent with the Standards, S S 4.7.2, 4.7.5. An architect's drawing showing the correct curb ramp is attached. 01-01219

The route along the walkway in front of the building from the parking spaces designated accessible to the front entrance of the hotel at the curb ramp will be redone to have a slope and cross slope that are consistent with the Standards, S 4.3.7. An architect's drawing showing the accessible route along the walkway is attached. d. The hook on the fence surrounding the pool area that protrudes into the accessible route will be removed, consistent with the Standards, S 4.4.1. e. The walkway from the pool to the walkway in front of the hotel will be redone to have the a slope not exceeding 1:20, will have the required landings and will have the required handrails, consistent with the Standards, S S 4.3.8, 4.8. An architect's drawing showing the accessible walkway is attached. 3. Exterior and interior stairs and areas of rescue assistance a. Cane detection barriers will be installed at both stairways on the first floor, consistent with the Standards, S 4.4.2. An architect's drawing showing the accessible route(s) and stairway(s) on the first floor is attached. 4. Entrances and exits a. The ground area within the required maneuvering clearance at the front entrance door will be made level, consistent with the Standards, S 4.13.6. An architect's drawing showing the accessible maneuvering clearance is attached. b. The existing threshold at the front entrance door will be replaced with a threshold that is consistent with the Standards, S 4.13.8. c. The closers on the front entrance doors will be replaced or adjusted to have the required sweep period, consistent with the Standards, S 4.13.10. d. The existing thresholds at the hall and the stairway at the north exit door (at the pool), and at the hall and the stairway at the south exit door will be replaced with thresholds that are consistent with the Standards, S 4.13.8. e. The hardware on the gate at the pool area will be placed at a height that is consistent with the Standards, S S 4.13.3,

c.

4.13.9. An architect's drawing showing the placement of the accessible gate hardware is attached. f. The ground area within the required maneuvering clearance at the pool gate will be made level, consistent with the Standards, S 4.13.6. An architect's drawing of the accessible maneuvering clearance is attached. 2 01-01220

5.

Front lobby a. A water cooler will be installed on the counter adjacent to the drinking fountain in the lounge in the lobby, consistent with the Standards, S 4.1.3(10). An architect's drawing showing the height of the accessible water cooler is attached. 6. Interior route a. 60 inches of the back counter in the lobby/reception area will be removed to provide the required adequate maneuvering clearance, consistent with the Standards, S 4.13.6. An architect's drawing showing the accessible maneuvering clearance is attached. b. The conference room will be re-designated for use as an accessible guest room. An architect's drawing showing the reconfigured space is attached. c. The existing hardware on the doors to the electric and linen rooms will be replaced with hardware that is consistent with the Standards, S 4.13.9. d. The fire extinguisher cabinets in each of the hotel's hallways will be recessed into the hall walls, and will not protrude more than 4 inches into the hallways, consistent with the Standards, S 4.4.1. An architect's drawing showing the recessed fire extinguisher cabinets is attached. e. Visual and audible signal devices indicating the direction of the elevator call will be installed in the hotel elevator, consistent with the Standards, S 4.10.4. f. A light will be installed on the emergency communication system

signaling the receipt of a call for emergency assistance, consistent with the Standards, S 4.10.14. 7. Public and common use toilet rooms a. The side wall in the lobby restroom will be moved to provide the required distance from the side wall to the center line, consistent with the Standards, S 4.16.2. An architect's drawing showing the modified lobby restroom is attached. b. The side wall grab bar in the toilet in the lobby will be mounted at the required distance from the rear wall, and the existing rear wall grab bar will be replaced with a grab bar of the required length, consistent with the 3 01-01221

c.

d.

e.

Standards, S 4.16.4. An architect's drawing showing the modified accessible restroom is attached. The conference room will be modified for use as an accessible guest room, and the fixtures in the restroom will be modified to provide the required maneuvering clearance on the pull side of the door, consistent with the Standards, S 4.13.6. An architect's drawing showing the modified space is attached. The conference room will be modified for use as an accessible guest room. The toilet in the restroom will be modified to have the required clear floor space, consistent with the Standards, S 4.16.2. An architect's drawing showing the modified space is attached. The conference room will be modified for use as an accessible guest room. The toilet in the restroom will be raised to the required height, consistent with the Standards, S 4.16.3. An architect's drawing showing the modified space is attached.

The conference room will be modified for use as an accessible guest room. A rear wall grab bar will be installed at the toilet, and the side wall grab bar will be modified to extend the required distance from the wall, consistent with the Standards, S 4.16.4. An architect's drawing showing the modified space is attached. g. The conference room will be modified for use as an accessible guest room, with an accessible toilet room that is consistent with the Standards. An architect's drawing showing the modified space is attached. h. The conference room will be modified for use as an accessible guest room. The lavatory in the toilet room will be modified to provide the required knee clearance, consistent with the Standards, S 4.19.2. An architect's drawing showing the modified space is attached. i. The conference room will be modified for use as an accessible guest room. The lavatory in the toilet room will be modified to have the required clear floor space, consistent with the Standards, S 4.19.3. An architect's drawing showing the modified space is attached. j The conference room will be modified for use as an accessible guest room. The hot water and drain pipes under the lavatory in the toilet room will be protected against contact, consistent with the Standards, S 4.19.4. An architect's drawing showing the modified space is attached. 4 01-01222

f.

k.

l.

The conference room will be modified for use as an accessible guest room. The toilet room will be modified to provide the required unobstructed turning space, consistent with the Standards, S 4.22.3. An architect's drawing showing the modified space is attached. The conference room will be modified for use as an accessible guest room. The towel rod in the toilet room will be mounted at

height that is consistent with the Standards, S 4.25.3. An architect's drawing showing the modified space is attached. 8. Public and common use rooms and spaces a. Visual alarms will be installed in the hotel laundry, linen, and workrooms, consistent with the Standards, S 4.28.1. An architect's drawing showing the placement of the visual alarms is attached. 9. Guest rooms generally a. The conference room will be modified to be accessible, and will incorporate the changes noted in Items 9(b)(i), (ii). In addition, accessible guest room 104 will be modified to have a roll-in shower with a folding seat and no grab bars behind the seat, consistent with the Standards, S 9.1.2. Architect's drawings showing the accessible guest rooms, including all changes listed in items 10(a)-(o) and 9(b)(i), (ii) are attached. b. i. The furniture in the newly accessible guest room, in addition to one other guest room, will be reconfigured to include 2 beds to provide the same range of options of sleeping accommodations available to all patrons of the hotel, consistent with the Standards, S 9.4.1. An architect's drawing showing the reconfigured rooms is attached. ii. The newly accessible guest room will be modified to have an oversized bathtub and whirlpool to provide the same range of options available to all patrons of the hotel, consistent with the Standards, ​ 9.4.1. An architect's drawing showing the modified accessible guest room is attached. c. Additional telephone notification devices will be installed in 6 guest rooms, and additional door knock notification devices will be installed in 4 rooms to meet the total required complement of notification devices, consistent with the Standards, SS 9.1.2, 9.1.3, 9.3. d. The doors to the bathrooms in the guest rooms not designated accessible that are located on the first floor of the facility will be widened to provide a 32 5 01-01223

inch clear opening width, consistent with the Standards, SS 4.13.5, 9.4. An architect's drawing showing the modified doors is attached. 10. Guest rooms designated accessible -- Rooms 102, 103, 104 a. The locks on the inside of the doors to guest rooms 102, 103 and 104 will be mounted at a height that is consistent with the Standards, S 4.13.9. An architect's drawing showing the location of the accessible door locks is attached. b. The visual alarms in guest rooms 102, 103, and 104 will be connected to the building alarm system, consistent with the Standards, S 4.28.3. An architect's drawing showing the hardwiring and outlets is attached. c. The existing operating controls for the air conditioning and heating units, and for the wall mounted lights in guest rooms 102, 103, and 104 will be replaced with controls that are consistent with the Standards, S 4.27.4. d. The clothing rods in the closet alcoves in guest rooms 102, 103, and 104 will be mounted at a height that is consistent with the Standards, S 4.25.3. An architect's drawing showing the accessible clothing rods is attached. e. The existing hardware on the connecting doors in guest rooms 102, 103, and 104 will be replaced with hardware that is consistent with the Standards, S 4.13.9. f. The furniture in guest rooms 102, 103, and 104 will be reconfigured to provide the required maneuvering clearance alongside the beds, consistent with the Standards, S 9.2.2(1). An architect's drawing showing the reconfigured accessible rooms is attached. g. The side wall grab bars for the toilets in guest rooms 102, 103, and 104 will be mounted to extend the required distance from the rear wall, and the rear wall grab bars will be replaced with grab bars of the required length, consistent with the Standards, S 4.16.4. An architect's drawing showing the correct grab bars is attached. h. The walls in the toilet rooms in guest rooms 102, 103, and 104 will be relocated to provide the required distance from the toilets to the side walls, consistent with the Standards, S 4.16.2. An architect's drawing showing the accessible toilets is attached. 6 01-01224

The toilet rooms in guest rooms 102, 103, and 104 will be modified to provide the required clear floor space, consistent with the Standards, S 4.23.3. An architect's drawing showing the modified accessible toilet rooms is attached. The roll-in shower in guest room 104 will modified to have the required dimensions, with a folding seat and no grab bars behind the seat, consistent with the Standards, S 9.1.2. An architect's drawing showing the modified roll-in shower is attached. k. The shower spray unit in the roll-in shower in guest room 104 will be mounted next to the folding seat, consistent with the Standards, S 9.1.2. An architect's drawing showing the modified roll-in shower and spray unit is attached. l. Lower grab bars will be installed in the tubs in guest rooms 102 and 103, consistent with the Standards, S 4.21.4. An architect's drawing showing the accessible tubs and grab bars is attached. m. The existing controls for the bathtubs in guest rooms 102 and 103 will be replaced with controls that are consistent with the Standards, S 4.20.5. n. The existing controls for the showers in guest rooms 102 and 103 will be replaced with controls that are consistent with the Standards, S 4.27.4. o. Tub seats will be installed in the tubs in guest rooms 102 and 103, consistent with the Standards, S 4.20.3. An architect's drawing showing the accessible tubs and seats is attached. 7 01-01225

i.