United States of America v. Employees' Retirement Systems of Alabama, Teachers' Retirement Systems of Alabama, and PCH Hotels & Resorts, Inc. - Consent Decree

VIII. MONITORING

26. Within six (6) months from the date of entry of this Consent Decree, or upon the completion of the alterations required by this Consent Decree, whichever is earlier, Defendants shall allow the United States to perform a complete inspection of the Hotel. Defendants shall allow the United States to perform a second complete inspection of the Hotel at the end of twelve (12 months) of the date of entry of this Consent Decree. If, during, during the period of three years from the date of entry of this Decree, the Hotel takes any further significant action to enhance accessibility for individuals with disabilities at the Hotel or prepares any plans for action concerning ADA compliance, other than the remedial actions required by this Agreement, the Defendants shall provide to the United States a narrative report of same. The Defendants shall also provide to the United States, as an exhibit to such report or otherwise, copies of any complaint, whether formal or informal, received during the term of this Agreement alleging that the Hotel was not being operated in compliance with the ADA or otherwise discriminated against any person on account of disability.

27. Defendants shall cooperate in good faith with any and all reasonable requests by the United States for access to the Hotel and for information and documents concerning their compliance with this Consent Decree and the ADA.

28. The United States shall have the right to verify compliance with this Agreement and the ADA, both as set forth in this Consent Decree and through any means available to the general public, including visits to the public areas of the Hotel. The United States shall have the right to inspect the Hotel at reasonable times upon ten (10) days advance verbal and written notice to Defendants at the following addresses:

CEO
PCH Hotels and Resorts, Inc.
11 North Water Street, Suite 8290
Mobile, Alabama 36602RSA

Legal Department
201 S. Union Street
Montgomery, Alabama 36104

29. If the United States believes that this Consent Decree or any of its requirements has been violated, it will notify Defendants in writing and attempt to resolve the issue or issues in good faith. If the United States and Defendants are unable to reach a satisfactory resolution of the issue or issues, the United States will apply to this Court for enforcement of the terms of this Consent Decree.