SETTLEMENT AGREEMENT AMONG THE UNITED STATES OF AMERICA, JOHNSON CREEK HOSPITALITY, L.L.C., AND SIEGER ARCHITECTS INTRODUCTION 1.

Pursuant to its authority to review the compliance of entities covered by title III of the Americans With Disabilities Act of 1990, 42 U.S.C. SS 12181 through 12189 ("the ADA" or "the Act"), and S 12188(b)(1)(A)(i), the United States Department of Justice ("the Department") initiated a compliance review of the newly constructed Days Inn in Johnson Creek, Wisconsin, ("the Johnson Creek Days Inn" or "the hotel"). The compliance review was conducted by the Department's Civil Rights Division. JURISDICTION AND PARTIES TO SETTLEMENT The parties to this agreement are: a. The United States of America ("United States"), b. Johnson Creek Hospitality, LLC ("Johnson Creek Hospitality"), and c. Sieger Architects ("Sieger"). 3. The Johnson Creek Days Inn, at West 4545 Linmar Lane, in Johnson Creek, Wisconsin, is a non-residential facility whose operations affect commerce, and is therefore a commercial facility within the meaning of title III of the ADA. See 42 U.S.C. S 12181(2); 28 C.F.R. S 36.104. As a privately owned and operated place of lodging with approximately 45 rooms, it is also a place of public accommodation within the meaning of title III of the ADA. See 42 U.S.C. S 12181(7)(A); 28 C.F.R. S 36.104. 4. Johnson Creek Hospitality is a Wisconsin limited liability corporation with its principal place of business at 1265 North 4th Street, Platteville, Wisconsin. Johnson Creek Hospitality owns the hotel, and participated in the design and construction of the hotel. 5. Sieger has its principal place of business at 1501 Monroe Street, Madison, Wisconsin. Sieger is a private entity engaged in the business of providing architectural and design specification services. Sieger designed the Johnson Creek Days Inn. 6. The subject of this settlement agreement is the correction of failures to design and construct the Johnson Creek Days Inn to be readily accessible to and usable by individuals with disabilities, as required by title III of the ADA, 42 U.S.C. S 12183(a)(1), in that several features, elements, and spaces of 2.

the hotel are not readily accessible to or usable by individuals with disabilities, as specified in the Department of Justice's 01-01226

title III implementing regulation, ("the regulation"), 28 C.F.R. Part 36, including the Standards for Accessible Design, 28 C.F.R. Part 36, Appendix A ("the Standards"). FACTUAL BACKGROUND 7. As part of the Department's compliance review of the Johnson Creek Days Inn, representatives of the Department's Civil Rights Division conducted an on site inspection of the hotel on November 15, 1994. As a result of its investigation, including its inspection, the Department identified a number of failures to comply with the Standards at the hotel, which are set forth in Exhibit 1. 8. In March 1995 the Department advised Johnson Creek Hospitality and Sieger that it had found a pattern or practice of discrimination in their failures to design and construct the hotel according to the Standards. Since that time, Johnson Creek Hospitality, Sieger, and the United States have engaged in good faith negotiations in an effort to resolve this matter without resort to litigation. ACTIONS TO BE TAKEN BY JOHNSON CREEK HOSPITALITY, LLC, AND SIEGER ARCHITECTS 9. In order to avoid litigation, Johnson Creek Hospitality and Sieger have agreed to remedy the failures to design and construct the Johnson Creek Days Inn to be readily accessible to and usable by individuals with disabilities. The steps to be taken by Johnson Creek Hospitality and Seiger to remedy the failures to comply with the Standards (as set out in Exhibit 1) are set out in Exhibit 2. The steps set forth in Exhibit 2 are

numbered to correspond to the items set out in Exhibit 1. 10. Johnson Creek Hospitality and Seiger agree that the steps set out in Exhibit 2 shall be taken no later than December 1, 1997, unless otherwise noted. 11. The parties have discussed the possibility that Johnson Creek Hospitality may, in the near future, undertake to enlarge the Johnson Creek Days Inn. Nothing in this agreement prevents Johnson Creek Hospitality from doing so. Johnson Creek Hospitality agrees that in the event it does undertake any addition to or other alteration of the hotel, it will do so in full compliance with the requirements of title III of the ADA, the regulation, and the Standards. If Johnson Creek Hospitality does add to or otherwise alter the hotel, and such addition or alteration affords opportunities to correct violations of the Standards different from those specified in Exhibit 2, Johnson 2 01-01227

Creek Hospitality may take different steps to bring the hotel into compliance with the Standards, so long as the hotel, when viewed in its entirety, is brought into compliance with the Standards by December 1, 1997. By way of illustration only, one opportunity which may arise in the event of an addition or alteration is the creation of an accessible guest room with two beds; if such a room were created, Johnson Creek Hospitality would no longer be required to comply with the measures set out in item 9.b.i. of Exhibit 2. 12. At all times after the effective date of this agreement, Johnson Creek Hospitality shall maintain all of the hotel's accessible features and elements in good working order, such that they will be available for use by individuals with disabilities without delay upon the arrival at the hotel of an individual with a disability. IMPLEMENTATION AND ENFORCEMENT OF THIS AGREEMENT 13. The Attorney General is authorized, pursuant to 42 U.S.C. S 12188(b)(1)(B), to bring a civil action to enforce title III of the Act in any situation where the Attorney General finds a pattern or practice of discrimination or an issue of general public importance. In consideration of the terms of this agreement, the Attorney General agrees to refrain from filing a

civil suit under title III in this matter. 14. The Department may review compliance with this agreement at any time. If the Department believes that this agreement or any portion of it has been violated, it will raise the issue or issues with Johnson Creek Hospitality and Sieger, and will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 45 days of the date it raises the issue or issues with Johnson Creek Hospitality and Sieger, it may institute a civil action in federal district court. 15. A failure by the Department to enforce any term of this agreement shall not be construed as a waiver of its right to enforce any other portion of this agreement. 16. This agreement shall be enforceable in United States District Court for the Western District of Wisconsin. 17. This agreement is a public document. Copies of this document, Exhibits, and any information contained in them may be made available to any person at any time. The Department shall provide copies of these documents to any person upon request. 3 01-01228

18. The effective date of this agreement is the date of the last signature below. This agreement shall be binding on Johnson Creek Hospitality, Sieger Architects, and their successors in interest. Both Johnson Creek Hospitality and Sieger have a duty to notify all such successors in interest. 19. This document constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or the agents of either party that is not contained in this written agreement, shall be enforceable. This agreement is limited to the facts set forth herein, and does not purport to remedy any other issues of ADA compliance at the Johnson Creek Days Inn, or at any other commercial facility or public accommodation designed and constructed by Johnson Creek

Hospitality, LLC, or Sieger Architects, or other violations of the ADA or any other federal law. This agreement does not affect the continuing responsibility of Johnson Creek Hospitality and Sieger to comply with all aspects of the ADA. 20. The signers of this document affirm that they are authorized to bind the parties to this agreement that each represents. For Johnson Creek For the United States: Hospitality, LLC: Mr. Jeff A. Stockert Thomas M. Contois Johnson Creek Attorney Hospitality, LLC Disability Rights Section 1265 North 4th Street Civil Rights Division Platteville, Wisconsin 53711 U.S. Department of Justice (605) 229-8645 P.O. Box 66738 Washington, D.C. 20035-6738 (202) 514-6014 For Sieger Architects: Mr. Robert Sieger Sieger Architects 1501 Monroe Street Madison, Wisconsin 53711 (608) 283-6100 Date Date 4 01-01229

EXHIBIT 1 Failures to comply with the ADA's Standards for Accessible Design

identified by the U.S. Department of Justice at the Johnson Creek Days Inn 1. Parking and passenger loading zone violations a. The van accessible parking space located at the rear entrance to the hotel does not have an elevated sign designating it as "van accessible." Standards S 4.6.6. b. The passenger loading zone at the front entrance to the hotel lobby does not have a demarcated access aisle. Standards S 4.6.6. 2. Exterior route violations a. The curb cut in the island between the accessible parking spaces and the front entrance is too steep. Standards SS 4.7.2, 4.7.11. b. The transition between the curb at the entrance and the driveway is not flush and is too steep. Standards S 4.7.2. 3. Violations at exterior and interior stairs and areas of rescue assistance a. The inside run handrails on the hotel's stairways do not have adequate horizontal extensions at the bottom risers. Standards S 4.9.4. b. There are no areas of rescue assistance on the second floor of the hotel. Standards S 4.13.6. 4. Entrance and exit violations a The exterior vestibule door at the front entrance has a threshold that is too high. Standards S 4.13.8. b. The interior vestibule door at the front entrance is too heavy. Standards S 4.13.11. 011230

Lobby violations a. The registration desk is too high. Standards S 7.2. b. The house phone in the front entrance vestibule has no volume control. Standards S 4.31.5. 6. Interior route violations a. The doors to several of the public and common use spaces, including the meeting room, the pool area, the restroom in the pool area, and the exercise room, are too heavy. Standards S 4.13.11. 7. Public and common use toilet room violations a. The sign for the pool area restroom is not mounted on the wall adjacent to the door of the restroom. Standards S 4.30.6. b. The grab bar located behind the toilet in the pool area restroom is too short. Standards S 4.16.4. c. The toilet room adjoining the meeting room on the first floor of the hotel is inaccessible. Standards S 4.1.3(11). 8. Violations in public and common use rooms and spaces a. There are no visual alarms in several of the public and common use spaces, including the meeting room, the pool area, the vending area, the hotel laundry, the exercise room, the gameroom located in the pool area, and the pool area restroom. Standards S 4.28.1. b. The wall-mounted television in the exercise room protrudes more than 4" into the accessible route. Standards S 4.4.1. c. The house phone located in the pool area is too high and has no volume control. Standards SS 4.31.3, 4.31.5. EXHIBIT 1 Page 2 01-01231

5.

9.

Violations with respect to guest rooms generally a. The guest room number signs are not mounted on the wall adjacent to the door for each guest room. Standards S 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) Each of the three guest rooms designated accessible has only one bed. The hotel has at least 17 rooms with two beds, but none of these rooms is accessible. ii) The hotel has several larger rooms, designated "suites," with whirlpool tubs, but none of these rooms is accessible. c. The hotel has too few rooms with visual alarms and no rooms with notification devices. The Standards require a hotel with 45 rooms to have four rooms with visual alarms and notification devices. The hotel has visual alarms in only three rooms. Standards SS 9.1.2., 9.1.3, 9.3. 10. Violations with respect to the guest rooms designated accessible -- Rooms 108 and 114 a. The clothes rod and shelf encroaches into the maneuvering clearance required on the pull side of the doors to guest rooms 108 and 114. Standards S 4.13.6. b. There is inadequate maneuvering clearance alongside the beds in guest rooms 108 and 114. Standards S 9.2.2. c. The flip locks on the doors in guest rooms 108 and 114

d. e.

are too high. Standards SS 4.2.5., 4.2.6. The clothes rods and shelves in guest rooms 108 and 114 are too high. Standards S 4.25.3. The operating controls for the wall-mounted lamps in guest rooms 108 and 114 require tight grasping, EXHIBIT 1 Page 3

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f. g. h. i.

pinching, or twisting of the wrist. Standards S 4.27.4. The rear wall grab bars in the bathrooms for guest rooms 108 and 114 are too short. Standards S 4.16.4. The bathroom door swings into the clear floor space required at the lavatories and bathtubs in guest rooms 108 and 114. Standards S 4.23.2. The controls for the bathtubs in guest rooms 108 and 114 require tight grasping, pinching, or twisting of the wrist. Standards S 4.20.5. The telephones by the toilets in guest rooms 108 and 114 do not have volume controls. Standards S 4.31.5. EXHIBIT 1 Page 4

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EXHIBIT 2 Actions to be taken by Defendants Johnson Creek Hospitality, LLC and Sieger Architects to bring Johnson Creek Days Inn into compliance with the ADA's Standards for Accessible Design 1. Parking and passenger loading zone violations a. A sign with the text "Van Accessible" will be added to the existing sign. b. A 5-foot wide 20-foot long access aisle will be painted

on the pavement in front of the front entrance. Exterior route violations a. and b. A steep concrete lip between the parking lot surface and concrete sidewalk leading to the hotel entrance will be removed, and the transition from surface of the parking lot to the concrete sidewalk will be made less steep, and free of abrupt changes. 3. Violations at exterior and interior stairs and areas of rescue assistance a. At both stairwells an extension will be added to the inside handrails at the bottom risers. The extension will be continuous with the existing handrail, and will extend horizontally a distance of 24 inches. b. Areas of rescue assistance will be provided in accord with the plans and specifications shown in Drawings 2 and 3 attached hereto. 4. Entrance and exit violations a. The sidewalk will be modified so that the height of the threshold does not exceed 1/2 inch. b. The door closer will be adjusted so that the maximum force required to open the door will be 5 pounds or less. 01-01234 2.

Lobby violations a. An auxiliary writing surface with a maximum height of 36 inches will be provided in close proximity to the main counter. b. The telephone will be changed to one with volume control. 6. Interior route violations a. The door closers will be adjusted so that the maximum force required to open the door will be 5 pounds or less. 7. Public and common use toilet room violations a. An additional wall sign will be installed on the wall adjacent to the latch side of the restroom door at 60 inches above the floor (measured to the centerline of the sign). b. The existing 30-inch long grab bar will be replaced with a 36-inch long grab bar. c. The toilet room adjoining the meeting room on the first floor of the hotel will be modified in accord with the plans and specifications shown on Drawing 1 attached hereto. 8. Violations in public and common use rooms and spaces a. Visual alarms will be added in the meeting room, pool area, vending area, hotel laundry, exercise room, gameroom in the pool area, and the pool area restroom. b. A 36" square, 36" high planter will be installed on the floor below the television. The planter will function as a cane-detectable barrier. c. The telephone will be replaced with a telephone which has a volume control. The telephone will be lowered on the wall so that the highest operable part is no more than 48 inches above the floor. EXHIBIT 2 Page 2 01-01235

5.

9.

Violations with respect to guest rooms generally a. A second set of room number signs will be installed. The new room number signs will be mounted on the wall adjacent to the latch side of the door at a height above the floor of 60 inches to the centerline. b. i) In order to provide individuals with disabilities a range of option equivalent to those available to other individuals served by the hotel, including the opportunity to stay in a sleeping room with two beds, Johnson Creek Hospitality shall provide to any guest with a disability who requests an accessible room with two beds, one of its accessible rooms (each of which has only one bed), and an adjoining room (with one or two beds), for the price of one room with two beds. Johnson Creek Hospitality shall insure that all of its front desk personnel are aware of this requirement and comply with it. Complying with this requirement will require Johnson Creek Hospitality to reserve, until all other rooms are rented, not only its accessible rooms, but also at least one standard room adjoining an accessible room, so that the option of an accessible room with two beds will remain available to individuals with disabilities. ii) Guest room 118, which includes a whirlpool tub, will be modified to be readily accessible to and usable by individuals with disabilities, in accord with the plans and specifications shown in Drawings 4 and 5 attached hereto. c. One additional guest room will be provided with a visual alarm. Portable notification equipment will be kept at the front desk, and made available to all

guests who request notification devices. Violations with respect to the guest rooms designated accessible -- Rooms 108 and 114 a. The clothes rod and shelf will be shortened so that it will not encroach into the maneuvering clearance required at the door. EXHIBIT 2 Page 3 01-01236 10.

b. c. d. e. f. g. h. i.

The beds will be moved so that there is 36" clearance on both sides of the beds. The flip locks will be relocated to approximately 34 inches above the floor. The clothes rods and shelves will be relocated so that the top of the shelf is 48 inches above the floor. The wall mounted lamps will either be remodeled or replaced with fixtures having a toggle switch. The existing 30-inch long grab bars will be replaced with 36-inch long grab bars. The swing of the doors will be reversed, so that the doors open out, away from the bathroom. The controls will be fitted with an auxiliary handle. The telephones will be replaced with telephones that have volume controls. EXHIBIT 2 Page 4

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