US Department of Justice Civil Rights Division - Letter - diil2

8/14/2019 US Department of Justice Civil Rights Division - Letter - diil2

1/28

IN THE UNITED STATES DISTRICT COURTFOR THE CENTRAL DISTRICT OF ILLINOIS

DANVILLE/URBANA DIVISION

UNITED STATES OF AMERICA, )Plaintiff, )

) No.: 96-2028v. )

DAYS INNS OF AMERICA, INC, )HOSPITALITY FRANCHISE )SYSTEMS, INC., )PANCHAL & PATEL, INC., )and BRIAN J. PAPE, )

Defendants. )

CONSENT ORDER AND FINAL JUDGMENT AS TO DEFENDANTSPANCHAL & PATEL, INC., AND BRIAN J. PAPEA. Background

1. On February 8, 1996, the United States filed an actionto enforce title III of the Americans with Disabilities Act of1990 (the "ADA" or the "Act"), 42 U.S.C. SS 12181 through 12189,against, among others, Panchal & Patel, Inc., ("P&P"), the ownerof 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 RightsDivision, visited and inspected the Champaign Days Inn, as partof an investigation of the hotel conducted pursuant to theDepartment's authority to review the compliance of entitiescovered by title III of the ADA, 42 U.S.C. S 12188(b)(1)(A)(i).01-01248


2/28

3. As a result of its investigation, including itsinspection of the hotel, the Department identified severalfeatures, elements, and spaces of the Champaign Days Inn whichfailed 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 andPape have engaged in good faith negotiations. As a result ofthose negotiations, those parties have agreed to enter into thisjointly proposed Consent Order and Final Judgment as toDefendants Panchal & Patel, Inc., and Brian J. Pape.

5. As specified below, defendants P&P and Pape, for thelimited purpose of resolving this disputed claim, have agreed toremedy violations of the Standards set out in Exhibit 1.

B. Agreement of the PartiesAccordingly, by consent of plaintiff United States anddefendants P&P and Pape, it is hereby ORDERED and DECREED that:

1. For the limited purpose of entering and enforcing thisConsent Order and Final Judgment as to defendants P&P and Pape,the parties agree that this Court has jurisdiction of this actionunder 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 toenforce this Order pursuant to 28 U.S.C. SS 2201 and 2202.

2. Venue is proper in this district.- 2 -

01-01249


3/28

3. The Champaign Days Inn is a non-residential facilitywhose operations affect commerce. As such, it is a commercialfacility within the meaning of section 303(a) of the Act. 42U.S.C. S 12183(a). In addition, because the Champaign Days Innis a place of lodging, it is also a public accommodation withinthe meaning of section 303(a) of the Act. Id.

4. The last building permit for the Champaign Days Inn wasapplied for on or about April 6, 1993.

5. The first certificate of occupancy for the ChampaignDays Inn was issued on or about September 14, 1993.

6. Defendant P&P is a private entity which owns theChampaign Days Inn. Defendant P&P initiated, contracted for, andparticipated in the design and construction of the hotel.

7. Defendant Pape is an individual engaged in the businessof providing architectural services. Defendant Pape'sparticipation in the design and construction of the ChampaignDays Inn consisted of the design of the hotel and constructionadministration.

8. For the limited purposes of resolving this disputedclaim, P&P and Pape agree that the Champaign Days Inn is notreadily 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 complywith the Department's regulation implementing title III of theADA, 28 C.F.R. Part 36, including the Standards for AccessibleDesign. See 28 C.F.R. SS 36.401, 36.406.

- 3 -


4/28

01-01250

9. The parties acknowledge that this is a compromise of adisputed claim, and this Consent Order shall not be construed asan admission of liability. All acknowledgments and admissionsare limited to this Consent Order and are agreed upon for thesole purpose of executing this Consent Order.

10. Not later than November 1, 1996, defendant P&P agreesto repair, and Pape agrees to participate in and contribute tothe repairs of, failures to comply with the Standards identifiedin Exhibit 1. The specific actions to be taken and, whereappropriate, the architectural plans to be followed by thedefendants are set forth in Exhibit 2 and in the architecturalplans 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. Thedivision of responsibility between P&P and Pape for complianceherewith is set forth in the Settlement Agreement between P&P andPape, attached as Exhibit 3. The United States is not a party tothe Settlement Agreement between P&P and Pape.

11. Not later than December 1, 1996, defendants P&P and


5/28

Pape shall either provide a joint report or two separate reportsto counsel for the United States, on the status of theircompliance with this Order. The report shall indicate whichsteps specified in Exhibit 2 have been completed. If any stepshave not been completed, the report shall so indicate and explainwhy such steps have not been completed.

- 4 -01-01251

12. The parties shall negotiate in good faith to resolveany dispute relating to the interpretation or implementation ofthis order before bringing the matter to the Court's attention.

13. The Court shall retain jurisdiction of this action toenforce 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 itsrequirements, in which case those requirements shall be extended.

14. This agreement shall govern the compliance of


6/28

defendants P&P and Pape with the ADA's Standards for AccessibleDesign at the Champaign Days Inn. This agreement does notaddress, and shall not be construed to address, any other issuesof ADA compliance at the Champaign Days Inn, or at any othercommercial facility or place of public accommodation designed andconstructed by defendants P&P and Pape, or owned, operated,leased, or leased to the defendants, or any other violations offederal law. It is stipulated and agreed that upon compliancewith this Consent Order, P&P and Pape will have taken allremedial actions necessary to resolve the allegations againstthem contained in the complaint filed by the United States.

15. Defendants P&P and Pape recognize that, to the extentrequired by law, they must comply with the ADA Standards in anyfuture 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,

- 5 -01-01252in any way, the future liabilities or obligations of P&P and Papeas required by the ADA.

16. This instrument reflects the entire agreement betweenthe 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. HOFFTHOMAS M. CONTOIS Assistant U.S. AttorneyAttorneys C.D. of IllinoisDisability Rights Section 201 South Vine St.Civil Rights Division Suite 226U.S. Department of Justice Urbana, Illinois 61801Post Office Box 66738 (217) 373-5875Washington, D.C. 20035-6738(202) 616-9511For Defendant Brian J. Pape:SUE E. YOAKUMAttorney for Brian J. PapeWallace, Saunders, Austin, Brown & Enochs10111 West 87th StreetPost Office Box 12290Overland Park, Kansas 66282-2290(913) 888-1000

- 6 -01-01253


7/28

WILLIAM F. KOPISHinshaw and Culbertson521 W. Main Street, Suite 300P.O. Box 509Belleview, Illinois 62222-0509For Defendant Panchal & Patel, Inc.:DAVID KRCHAKAttorney for Panchal & Patel, Inc.Thomas, Mamer & HaugheyPost Office Box 560Champaign, Illinois 61824-0560(217) 351-1500

- 7 -01-01254


8/28

EXHIBIT 1Failures of the Champaign Days Inn to comply with the ADA'sStandards for Accessible Design as identified by the U.S.

Department of Justice

1. Parking and passenger loading zone violationsa. There is no van accessible parking space. Neither of

the spaces designated as accessible has an access aisle96" wide, and neither of the spaces has a signdesignating it as "van accessible." StandardsSS 4.1.2(5), 4.6.4.

b. Neither of the spaces designated accessible has a signmarking the space that will not be obscured by avehicle 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 4.6.62. Violations at exterior and interior stairs and areas of

rescue assistancea. The hotel's stairways do not have continuous handrails

along their inside run, do not have adequate horizontalextensions at the top and bottom risers, are too largein diameter, and are mounted at the wrong height.Standards S 4.9.4.

b. The hotel's stairways do not have uniform riserheights. Standards S 4.9.2.

3. Entrance and exit violationsa. The thresholds at the front entrance door, the foyer

entrance door to the lobby, the foyer entrance door tothe front stair vestibule, the lobby entrance door tothe guest room hallway and the rear stairwell entrancedoor are too high. Standards S 4.13.8.

b. There is inadequate maneuvering clearance on the pullside of the door leading from the foyer to the frontstair vestibule, and the door is too heavy. Standards


9/28

SS 4.13.6, 4.13.8, 4.13.11.c. Outside the lobby entrance and the rear entrance, the

ground area within the required maneuvering clearanceis not level. Standards S 4.13.6.

01-01255

4. Front lobby violationsa. The registration desk is too high. Standards S 7.2b. There is no visual alarm in the lobby. Standards

S 4.28.1.

c. The night window in the foyer is too high. StandardsS 7.2.

d. The house telephone located in the lobby is mounted toohigh 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 volumecontrol. Standards S 4.31.5.

f. Both the public pay telephone and the night windowprotrude more than 4" into the foyer. StandardsS 4.4.1.

5. Interior route violationsa. The gate to the area behind the registration desk is

too narrow and has hardware that requires tightgrasping, pinching or twisting of the wrist. StandardsSS 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 pullside of door leading from the lobby to the guest roomhallway, and the door has hardware that requires tightgrasping, pinching or twisting of the wrist. Standards


10/28

SS 4.13.6, 4.13.9.d. The door leading from the registration area to the

manager's office has hardware that requires tightgrasping, pinching or twisting of the wrist. StandardsS 4.13.9.

e. There is inadequate maneuvering clearance on the pullside of the door leading from the guest room hallway tothe front stair vestibule, and the door has hardwarethat requires tight grasping, pinching or twisting ofthe wrist. Standards SS 4.13.9, 4.13.6.

f. The door from the first floor guest room hallway to thepool and spa room has hardware that requires tightgrasping, pinching or twisting of the wrist. StandardsS 4.13.9.

201-01256

g. The door from the first floor guest room hallway to thehotel laundry has hardware that requires tightgrasping, pinching or twisting of the wrist. StandardsS 4.13.9.

h. The door between the hotel laundry and the storage areahas hardware that requires tight grasping, pinching ortwisting of the wrist. Standards S 4.13.9.

i. The doors to the storage rooms off of the pool and sparoom have inadequate maneuvering space, and are toonarrow. Standards SS 4.13.5, 4.13.6.

j. The doors to several storage areas have hardware thatrequires tight grasping, pinching or twisting of thewrist. Standards S 4.13.9.

k. There is inadequate maneuvering space on the pull sideof the door to the meeting room, and the door has


11/28

hardware that requires tight grasping, pinching ortwisting of the wrist. Standards SS 4.13.9, 4.13.6.

l. The doors from the meeting room to the adjacent storagearea have hardware that requires tight grasping,pinching or twisting of the wrist. Standards S 4.13.6.

6. Public and common use toilet room violationsa. The sign for the first floor restroom does not have

raised and Braille characters, and is not mounted onthe 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 floorrestroom. Standards S 4.16.4.

c. The toilet in the first floor restroom is too close tothe side wall. Standards S 4.16.2.

d. The hot water and drain pipes under the lavatory in thefirst floor restroom are not insulated or otherwiseconfigured to protect against contact. StandardsS 4.16.4.

e. The soap and paper towel dispensers in the first floorrestroom are too high. Standards SS 4.19.4, 4.22.7.

f. The meeting room restroom on the first floor of thehotel is a standard hotel guest room bathroom, and isinaccessible. Standards S 4.1.3(11).

3

01-01257

7. Violations in public and common use rooms and spacesa. There are no visual alarms in several public and common

use rooms and spaces, including the pool and spa area,


12/28

the meeting room, the guest laundry, the front stairentrance vestibule and the storage areas. Standards S4.28.1.

b. The overhead sign above the entrance to the pool andspa area has letters that are too small. StandardsS 4.30.3.

c. The sauna in the pool and spa area has controls thatare mounted too high and require tight grasping,pinching or twisting of the wrist. StandardsSS 4.27.3, 4.27.4.

d. The door to the sauna in the pool and spa area is toonarrow, has inadequate maneuvering space on the pullside 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 curbthat is too high, does not have a transfer seat, has nograb bars, is neither wide nor deep enough, and hasonly 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 generallya. The guest room number signs do not have raised and

Braille characters and are not mounted on the walladjacent to the door for each guest room. StandardsSS 4.30.4, 4.30.6.

b. The guest rooms designated accessible are not dispersedamong the various classes of sleeping accommodationsavailable to patrons of the hotel, as specified below.Standards S 9.1.4.

i) The hotel has guest rooms with two beds, andking-sized beds, but none of these areaccessible.

ii) The hotel has suites with jacuzzi tubs. Noneof these suites are accessible.

c. There are no rooms with visual alarms or notificationdevices. Standards SS 9.1.2, 9.1.3, 9.3.

d. The doors to the bathrooms in the guest rooms notdesignated accessible are too narrow. Standards S 9.4.

- 4 -01-01258


13/28

9. Violations with respect to the guest rooms designatedaccessible -- Rooms 110 and 112

a. There is inadequate maneuvering clearance on the pullside of the doors to guest rooms 110 and 112.Standards S 4.13.6.

b. The operating hardware on the doors to guest rooms 110and 112 requires tight grasping, pinching, or twistingof the wrist. Standards S 4.13.9.

c. The security latches on the doors to guest rooms 110and 112 are too high. Standards S 4.13.9.

d. The connecting room doors in guest rooms 110 and 112have 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 unitand the wall mounted light fixtures in guest rooms 110and 112 require tight grasping, pinching, or twistingof the wrist. Standards S 4.27.4.

f. The shelves and clothes rods in guest rooms 110 and 112are 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 theStandards, in that the side wall grab bars do notproject far enough from the rear wall, and there are norear 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 lavatoriesare not insulated or otherwise configured to protectagainst contact. Standards SS 4.19.2, 4.19.4.

j. The shower controls in guest rooms 110 and 112 requiretight grasping, pinching, or twisting of the wrist.Standards S 4.27.4.

k. The doors to the bathrooms in rooms 110 and 112 havehardware that requires tight grasping, pinching, ortwisting of the wrist. Standards S 4.27.4.

- 5 -01-01259


14/28

DRAFT FOR DISCUSSION PURPOSES

EXHIBIT 2Actions to be taken by

Defendants Panchal & Patel, Inc. andBrian J. Pape to remedy failures to comply with the ADA's

Standards for Accessible Design1. Parking and passenger loading zone violations

a. Two accessible parking spaces with signage consistentwith the Standards and an access aisle will beprovided. One parking space will be van accessibleconsistent with the Standards SS 4.1.2(5), 4.6.4. An

architect's drawing showing the revised parking spacesis attached at Sketch 1/A-1.

b. Proper signs indicating accessible parking spaces willbe posted consistent with the Standards, S 4.6.4.c. An access aisle at the passenger loading zone adjacentto the front entrance will be provided consistent withthe Standards, S 4.6.6.

c. An access aisle at the passenger loading zone adjacentto the front entrance will be provided consistent withthe Standards, S 4.6.6.

d. The ground area in the passenger loading zone will begraded to have a slope not exceeding that allowed bythe Standards, S 4.6.6. An architect's drawing showingthe revised passenger loading zone is attached atSketch 1/A-1.

2. Exterior and interior stairsa. A continuous handrail with no greater than 1 1/2"

outside diameter will be installed along both sides ofthe stairway, with conforming extensions at the top andbottom risers, including mounting heights and diametersconsistent with the Standards, S 4.9.4. An architect's


15/28

drawings showing the revised handrails and extensionsare attached at Sketch 4/A-7 and 4A/A-7.

3. Entrance and exit violationsa. 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 accessibleroutes, including: front entrance door, foyer entrancedoor, foyer entrance to the lobby, foyer entrance doorto the front stair vestibule, lobby entrance door,entrance to the guest room hallway, and the rearstairwell entrance door. Architect's drawings showingthe revised thresholds at each location are attached atSketch A-9, Sheet A-4.

01-01260

b. Hardware will be provided so that the door openingforce/weight will not exceed five pounds consistentwith Standards SS 4.13.6, 4.13.8, 4.13.11.

c. The ground area outside the lobby and rear entranceswill be levelled and/or modified in order to provideadequate maneuvering clearance required by theStandards, S 4.13.6. An architect's drawing showingthe revised level maneuvering clearance outside thelobby and rear entrances is attached at Sheet A-4.

4. Front lobby violationsa. An additional counter will be provided adjacent to the

registration desk of a length and height consistentwith the Standards, S 7.2. An architect's drawingshowing the additional counter adjacent to theregistration desk is attached at Sheet A-5.

b. A visual alarm will be installed in the lobbyconsistent with the Standards, S 4.28.1. Anarchitect's drawing showing the visual alarm locationis attached at Sheet E-1.

c. An additional counter will be provided by the night


16/28

window in the foyer of a length and maximum heightconsistent with the Standards, S 7.2. An architect'sdrawing showing the additional counter by the nightwindow is attached at Sheet A-5.

d. The house telephone will be relocated to an accessibleheight and at a location that provides adequate clearfloor space consistent with the Standards, SS 4.31.2,4.31.3. An architect's drawings showing the newplacement of the house telephone is attached at SheetsA-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 ofthe night window consistent with the Standards, S

4.4.1. An architect's drawing showing the counter isattached at Sheet A-5.

5. Interior route violationsa. The gate behind the registration desk will be removed

to provide the necessary clear opening width consistentwith the Standards, S 4.13.5.

201-01261

c. Door Number 109 that leads from the lobby to thecorridor will remain locked shut will no longer beused.

d. The hardware on the door leading from the registrationarea to the manager's office will be replaced to beconsistent with the Standards, S 4.13.9.

e. The door leading from the guest room hallway to thevestibule will be modified to have accessible hardwareand adequate clearance on the pull side of the door,consistent with the Standards, SS 4.13.9, 4.13.6. Anarchitect's drawing showing the required maneuvering


17/28

clearance on the pull side of the door is attached atSheet A-5.

f. Hardware on the door that joins the first floor guestroom hallway to the pool and spa room will be replacedwith hardware that is consistent with the Standards,S 4.13.9.

g. Hardware on the door between the first floor guest roomhallway and the hotel laundry will be replaced to beconsistent with the Standards, S 4.13.9.

h. Hardware on the door between the hotel laundry and thestorage area will be replaced with hardware that isconsistent with the Standards, S 4.13.9.

i. The doors to the storage rooms adjacent to the pool andlaundry 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 doorwidths are attached at Sheets A-5 and A-9.

j. Hardware on the doors to each of the storage areas willbe replaced with hardware that is consistent with theStandards, S 4.13.9.

k. Former meeting rooms have been converted to a standardguest room. An architect's drawing showing the newguest 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 hardwarethat is consistent with the Standards, S 4.13.6.

m. Visual alarms will be installed in the firstand second floor corridors consistent withthe Standards, S 4.28.1.

301-01262

6. Public and common use toilet room violationsa. Braille and raised letter signage will be provided on

the wall adjacent to the door of the first floor


18/28

restrooms consistent with the Standards, SS 4.30.4,4.30.6.

b. Grab bars will be provided in the first floor restroomconsistent with the Standards, S 4.16.4. Anarchitect's drawings showing the grab bars are attachedat Sheets A-8 and A-5.

c. The existing toilet will be re-positioned to allow fornecessary space between the toilet and the wall,consistent with the Standards, S 4.16.2. Anarchitect's drawing showing the re-positioned toilet isattached at Sheet A-8 and A-5.

d. Foam insulation surrounding the hot water and drainpipes will be installed in the first floor restroom,consistent with Standards, S 4.16.4.

e. The soap dispenser and paper towel dispenser will beremounted consistent with the Standards, SS 4.19.4,4.22.7.

f. Meeting rooms have been converted to standard guestrooms.

g. A visual alarm will be installed in thepublic toilet room consistent with theStandards, S 4.28.1.

7. Violations in public and common use rooms and spacesa. Visual alarms meeting the Standards will be provided in

the spa area and the guest laundry and in the frontstair entrance vestibule. Meeting rooms have beenconverted to standard guest rooms and storage areaswill be modified consistent with the Standards, S4.28.1. See 5(i) above.

b. A sign will be mounted at the appropriate height abovethe entrance to the pool and spa area consistent withthe Standards, S 4.30.3.

c. The controls on the sauna in the pool area will bemodified to be consistent with the Standards,SS 4.27.3, 4.27.4.

401-01263


19/28

d. The whirlpool will be relocated to provide adequatemaneuvering space on the pull side of the door and thethreshold will be modified to be consistent with theStandards, SS 4.13.5, 4.13.6, 4.13.8. An architect'sdrawing showing the correct whirlpool location andmaneuvering 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 mountedconsistent with the Standards, SS 4.30.4, 4.30.6.

b. The guest rooms designated accessible will be dispersedamong the various classes of sleeping accommodationsavailable 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 theother accessible guest room. Accessible guestrooms 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 androoms will have all necessary hardwiring for thesedevices consistent with the Standards, SS 9.1.2, 9.1.3,9.3. An architect's drawing showing the hardwiring isattached at Sheet E-1.

d. The bathroom doors in fifty percent of the standardguest rooms will be modified to allow a minimum clearopening width of 32 inches consistent with Standards,SS 9.4, 4.13. An architect's drawing showing thebathroom doors is attached at Sheet A-4 and A-9.

9. Violations with respect to the guest rooms designatedaccessible -- Rooms 110 and 112

a. The shelves and clothes rods adjacent to the doors willbe removed and the partition wall will be relocated toprovide adequate maneuvering space consistent with theStandards. The existing vanity will be reduced from a42 inch measurement to 36 inches consistent with the


20/28

Standards, S 4.13.6. An architect's drawing showingthe relocated shelves, clothes rods and partition andreduced vanity is attached at Sheets A-4, A-5 and A-8.

501-01264

b. Hardware will be provided on doors in guest rooms 110and 112, consistent with the Standards, S 4.13.9.

c. Security latches in guest rooms 110 and 112 will bemounted at a height consistent with the Standards,S 4.13.9. Architect's drawings showing the remountingof the security latches in guest rooms 110 and 112 isattached at Sheet A-5.

d. Hardware on doors in guest rooms 110 and 112 will bereplaced to be consistent with the Standards, S 4.13.9.

e. Operating controls on heating and cooling fixtures willbe made accessible, consistent with the Standards,S 4.27.4.

f. The shelves and clothes rods in guest rooms 110 and 112will be mounted consistent with the Standards,S 4.25.3. Architect's drawings showing the re-mountingof the shelves and clothes rods in guest rooms 110 and112 is attached at Sheet A-5.

g. The beds in guest rooms 110 and 112 will be relocatedto provide maneuvering space, consistent with theStandards, S 9.2.2. Architect's drawings of therelocated beds in guest rooms 110 and 112 is attachedat Sheet A-5.

h. Grab bars for the toilets in Rooms 110 and 112 will beconfigured, consistent with the Standards, S 4.16.4.Architect's drawings of the grab bar configuration inRooms 110 and 112 is attached at Sheet A-5 and A-8.

i. Foam insulation on the hot water and drain pipes inrooms 110 and 112 will be installed, consistent with


21/28

the Standards, SS 4.19.2, 4.19.4, and the lavatorieswill be mounted at the required height. Architect'sdrawings of the changes to the lavatories are attachedat 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 inrooms 110 and 112, consistent with the Standards,S 4.27.4.

701-01265

EXHIBIT 3SETTLEMENT AGREEMENT

NOW on this 19th day of June, 1996, for the good and valuableconsiderations 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 Statesis not a party to this Settlement Agreement.

2. The parties expressly acknowledge their agreement to the ConsentOrder which is concurrently entered in the United States District Court forthe Central District of Illinois, Danville/Urbana Division and styled UnitedStates 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 beincorporated into said Consent Order as Exhibit 3 and may be enforced by theCourt under said Order.

4. The parties agree that their responsibility for performance


22/28

hereunder shall be divided between them as expressly set forth herein. Theseresponsibilities 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 requirestheir mutual agreement and cooperation in achieving the timely execution ofthe remedial actions set forth OPI-386206.1

-1-01-01266

in Exhibit 2 to said Order. The parties acknowledge that each will undertakeonly these specific responsibilities which are set forth herein; that inperforming these responsibilities, they will do so recognizing that the timelyexecution of the remedial actions of the Consent Order is dependent upon eachparty hereto acting in good faith to achieve the purposes of this SettlementAgreement and the requirements of the Consent Order.

6. For this reason, the parties expressly agree that each will holdthe other harmless and will indemnify the other from claims, losses, damages,penalties, fines, and reasonable attorney's fees actually incurred as a resultof any breach of this Settlement Agreement by the other party.


23/28

7. The parties agree that as a part of the consideration for thisSettlement Agreement, they mutually release each other from any and all claimsand/or causes of action for any loss or damage whatsoever arising out of orrelated in any way to the alleged violations of the ADA asset forth in the Consent Order, whether said loss or damage is known orunknown, now existing, or which may arise in the future. The parties agreethat their liability to each other, if any, arising out of or related to saidalleged violations of the ADA shall be expressly limited to theresponsibilities undertaken within the four corners of this SettlementAgreement. This release shall be deemed effective upon the final executionherof.

8. The parties agree that P&P's obligations hereunder shall be tocontribute to escrow the agreed percentage of the total cost of the remedialaction set forth in Paragraph 10 hereof, to contract with a general contractor

recommended by Pape, and make the property available to a general contractorfor the completion of all remedial actions necessary to complywith the Consent Order.OPI-386206.1

-2-01-01267


24/28

9. The parties agree that Pape's obligations hereunder shall be tocontribute to escrow the agreed percentage of total cost of the remedialaction set forth in Paragraph 10 hereof, to provide the plans andspecifications attached to Exhibit 2 of the Consent Order, tocertify payment requests as provided by the general contractor, perform a walkthrough of the property before issuing final payment requests checking theremedial work for compliance with the plans.

10. The parties agree that the total cost of the remedial actionrequired under the Consent Order, each shall be paid in the followingpercentage:

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 costof the required remedial action shall not exceed $8,400.

11. The parties agree that in addition to the amounts payable by Papeunder Paragraph 9, Pape shall also pay the following stipulated liquidated sumto P&P in full and final compensation for any and all loss of income incurredor claimed to be incurred by P&P arising out of or related to compliance withthe Consent Order. The sum payable is stipulated to be $4,500. Pape shall paysaid amount to P&P upon execution of this Settlement Agreement.

12. The parties agree that concurrent with selection of a contractorand establishment of the total construction cost, each will pay into a

construction escrow account to be opened at a federally insured bank inChampaign, Illinois, the following amounts:

P&P 28% of the total construction costPape 72% of the total construction cost

OPI-386206.1-3-

01-01268


25/28

It is agreed that out of this account shall be paid all costs and expenses ofthe remedial action. Payments shall be made by the Bank within 10 businessdays 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 saidcontractor for the percentage of labor and materials being paid.

13. The parties acknowledge that disputes may arise regarding theirrespective performances hereunder. In order to minimize and/or resolve anysuch disputes in a reasonable and timely manner, the parties hereto agree tosubmit any such disputes that they cannot resolve faith negotiations tomediation under the construction industry mediation rules of theAmerican Arbitration Association. Mediation shall be undertaken upon thewritten request of either party. Said mediation shall be conducted at theChampaign Days Inn, as soon as possible following said request. If said

mediation does not resolve the dispute, then said dispute shallbe submitted to binding arbitration under the construction industryarbitration rules of the American Arbitration Association having jurisdictionover Champaign, Illinois. The administrative costs and fees of the arbitrationshall be split equally between the parties.

14. Compromise of Disputed Claim. The parties acknowledge that this isa compromise of a disputed claim, and that this Settlement Agreement shall notbe construed as an admission of liability.

15. Binding Effect. Each party enters into this Settlement Agreementon behalf of itself and the employees, agents, consultants, directors,officers, shareholders, and representatives of it. This release shall bebinding upon the successors of the parties.OPI-386206.1

-4-01-01269


26/28

16. Governing Law. This Settlement Agreement shall be interpreted inaccordance with the laws of the State of Illinois.

PANCHAL & PATEL, INC.By

Name:Title:

6/25/96Brian J. Pape

OPI-386206.1-5-

01-01270


27/28

SETTLEMENT APPROVAL AND ATTORNEY'S LIENS RELEASEDWALLACE, SAUNDERS, AUSTIN,BROWN AND ENOCHS, CHARTERED

BySue E. Yoakum10111 West 87th StreetP.O. Box 12290Overland Park, Kansas 66282(913) 888-1000 Fax - (913) 888-1065ATTORNEYS FOR BRIAN J. PAPEHINSHAW & CULBERTSON

ByWilliam F. KopisHinshaw & Culbertson521 W. Main Street, Suite 300


28/28

P.O. Box 509Belleview, Illinois 62222-0599ATTORNEYS FOR BRIAN J. PAPETHOMAS, MAMER & HAUGHEY

ByDavid KrchakFirst of America Bank Bldg.P. O. Box 560Champaign, Illinois 61824-0560ATTORNEYS FOR PANCHAL &PATEL, INC.

OPI-386206.1-6-

01-01271

Documents

US Department of Justice Civil Rights Division - Letter - diil2