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Filing # 121004422 E-Filed 02/08/2021 02:58:34 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
PATRICIA WOODBURN,
Plaintiff,
vs. Case No. 2020-CA-3542
LIFE SPACE COMMUNITIES, INC.,
d/b/a ABBEY DELRAY SOUTH,
Defendant.
/
DEFENDANT’S MOTION TO STRIKE COMPLAINT FOR FAILURE TO OBTAIN
LEAVE TO AMEND AND/OR MOTION TO DISMISS AND/OR MOTION FOR A MORE
DEFINITE STATEMENT AND/OR MOTION TO COMPLY WITH RESIDENCY
AGREEMENT/CONDITIONS PRECEDENT
Defendant, LIFE SPACE COMMUNITIES, INC., by and through its undersigned
counsel, hereby files this Motion to Strike Complaint for Failure to Obtain Leave to Amend
and/or Motion to Dismiss and/or Motion for a More Definite Statement and/or Motion to
Comply with Residency Agreement/Conditions Precedent, and as grounds therefore,
states as follows:
1. Plaintiff failed to obtain leave to amend the complaint and the Amended
Complaint should therefore be stricken. See Rule 1.190(a), Florida Rules of Civil
Procedure, which permits a party to amend a pleading once as a matter of course at any
time before a responsive pleading is served and, thereafter, a party may amend a
pleading only by leave of court or by written consent of the adverse party.
2. Plaintiff's Amended Complaint is filled with inconsistencies and fails to state
a cause of action. Plaintiff alleges that “Patricia Woodburn was a resident at Defendant's
nursing home.” Plaintiff then alleges in paragraph five that Patricia Woodburn was “a
resident of an independent living community.” Nursing homes are governed under
Chapter 400, Fla. Stat. Independent living communities are not governed by Chapter 400.
It is then alleged in the Amended Complaint that Defendant failed to fulfill its obligations
under a contract, citing a paragraph of the written contract in the Amended Complaint.
No contract is attached to the complaint.
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 02/08/2021 02:58:34 PM ***3. Plaintiff's allegations are vague, ambiguous, and unclear with regard to the
cause of action at issue. Therefore, the Amended Complaint should be dismissed and/or
Plaintiff should be required to provide a more definite statement.
4. Plaintiff intermingles claims related to contractual obligations and breach of
duty of care with a potential claim under Chapter 400, Fla. Stat. Plaintiff has also failed
to state a cause of action for vicarious liability.
5. Defendant respectfully requests that its motion to compel compliance with
the residency agreement be granted because the Amended Complaint is in direct
violation of the dispute resolution procedures and conditions precedent set forth in the
agreement which is attached to this Motion. (See Exhibit A).
WHEREFORE, Defendant, LIFESPACE COMMUNITIES, INC., by and through its
undersigned counsel respectfully requests that this Court grant its motion to strike the
Amended Complaint for failure to obtain leave of court and or consent of counsel and/or
grant its motion to dismiss and/or grant a motion for more definite statement and or motion
to comply with residency agreement/conditions precedent.
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished to JUAN ASCONAPE, ESQ., Schwed Adams & McGinley,
jasconape@schwedlawfirm.com, eservice@schwedlawfirm.com, by e-service, this 8th
day of February, 2020.
Lyf Kelly $. Weaver
Kelly S. Weaver
Florida Bar No. 996210
ULLMAN BURSA LAW
3812 Coconut Palm Drive, Suite 200
Tampa, Florida 33619
813-970-0500
813-970-0549 (fax)
kweaver@ublawoffices.com
courtmail@ublawoffices.com
jcleaves@ublawoffices.com
Attorneys for DefendantABBEY DELRAY SOUTH
A LIFESPACE COMMUNITY
RESIDENCY AND CARE AGREEMENT
0% RETURN OF CAPITAL
(TRADITIONAL)
Exhibit A1.
TABLE OF CONTENTS
ELIGIBILITY AND ACCEPTANCE FOR RESIDENCY,
1.1.Requirements for Acceptance for Residency ..............
1.1.1 Application...........
1.1.2 Medical Examination
11.3 Age seccesecreeseere
1.1.4 Health and Safety ..
1.1.5 Financial Status ..
1.2. Notification of Decisions.
1.3.Conditioned Upon No Material Changes Prior to Occupancy
1.4, Duties of Resident to Notify Provider ..
LS. OcCUpaNncy oo. seecrerecsensensreseeereenees
LIVING ACCOMMODATIONS.
2.1. Apartment
2.2. Furnishing:
2.3 Alterations
2.4 Use of Apartment..
2.5 Occupants of Apartment.........
2.6 Emergency Entry and Relocatio
2.7 Guests .rrecsecssreerrseseeeseenees
2.8 Personal Service Providers ..
2.9 Your Responsibilities With Respect to Your Apartment
2.10 Damage to Your Apartment or the Community
2.11 Right of Entry; Licensure...
3. COMMUNITY FACILITIES.....ssssessssssssssssessssssesssnsssesscnsssseccessssaverseneensssecssssnnsceecasneassestonens 7
4, AMENITIES.........
4.1 Basic Amenities
4.1.1 Dining...
4,1.2 Housekeeping and Laundry.
4.1.3 Programs and Activities ..
4.1.4 Maintenance ...
4.1.5 Transportation
4.1.6 Fire Protection...
4.1.7 Emergency Call System
4.1.8 Utilities and Insurance... ese
4.1.9 Real Estate Taxes/Homestead Exemption.
4.1.10 Miscellaneous Fees.
4.2 Optional Amenities.
Lifespace-Traditional 1-1-2016
Exhibit A5, HEALTH CENTER AND OTHER CARE
5.1 The Health Center........ccscsseseseeee
5.2 Health Center Admission Determination .
5.3 Priority Access to the Community Health Center
5.4 Medical Director and Attending Physician
5.5 Health Center Accommodations
5.6 Alternate Accommodations...
5.7 Specialized Rehabilitative Services
5.8 Emergency Care ...csssecsesseesreees
5.9 Care Away from the Community .
5.10 Under Age Sixty-Two (62)......
6 FEES eee
6.1 Entrance Fee .
6.1.1 Entrance Fee Amount
6.1.2 Deposit...
6.1.3 Balance of Entrance Fee
6.1.4 Escrow of Reservation Fund:
6.1.5 Payment of the Entrance Fee by a Third Part
6.1.6 Entrance Fee Minimum Refund Percentage
6.2 Monthly Fee and Fees for Optional Amenities
6.3 Health Center Fees......cccecsecssersssssenrenneerenses
6.3.1 Resident or Residents Temporarily Assigned to the
Community Health Center ....sccsssssecsssssessesserssessessserssersescenseseesseseesseaseeseeneeenees 13
6.3.2 One Resident Permanently Assigned and Second
Resident Retains Apartment......ssssessessssecssesnsessresssessanseesnsseesesee
6.3.3 Resident or Residents Permanently Assigned and Apartment Released
6.3.4 Health Center Fee Upon Permanent Assignment .
6.3.5 Apartment Retained ......
6.3.6 Return to an Apartment.
6.3.7 Ancillary Charges ......scsssssesees
6.3.8 Alternate Accommodation Charges
6.3.9 Conditions, Services, Products and Items Not Included
in Health Center Fee or Not Provided by Sponsot.....csesssssersessessessssseresseeseenrees 15
6.4 Medicare and Supplemental Insurance.............
6.4.1 Medicare Advantage Plans/Managed Care
6.4.1.1 Participating Provider.......
6.4.1.2 Not a Participating Provider..
6.4.1.3 Negotiated Managed Care Rat
6.4.1.4 No Negotiated Managed Care Rate.
6.4.2 Post Medicare — Qualified Stay
6.5 Responsibility for Fee.
6.6 Payment Procedures
6.7 Adjustments.........
iii
Lifespace-Traditional 1-1-2016
Exhibit A6.7.1 Fees...
6.7.2 Late Payment .
6.7.3 Cease Payment of Monthly Fee for Apartment .
6.7.4 Upgrade Fees ....essecseseeene
6.7.5 Continuance of Monthly Fee.
6.8 Reserve Funds....sssecssesseesseeeerees
7 FINANCIAL ASSISTANCE.........
7.1 Sponsor as Charitable Organization ..
7.2 Notification to Sponsor, Application for Assistance and
Provision of Financial Information
7.3 Sponsor Assistance...
7.4 Impairment Due to Actions of Resident
7.5 Assistance as Additional Charge........
7.6 Execution of Documents to Secure Claim,
7.7 Require Move to Smaller Apartment.....
7.8 Continued Requirements .............0
7.9 90 Day Requirement as Per Florida Law.
8 TRANSFERS FROM APARTMENT FOR NON-HEALTH REASONS.
8.1 General Provisions Concerning Transfers for Non-Health Reasons.
8.2 Substitution of Apartment .............
8.3 Voluntary Transfer of Single Resident
8.4 Joint Occupancy by Residents
8.5 Joint Occupancy by Resident and Second Person
8.6 Voluntary Transfer of One Joint Resident........
9 TERMINATION OF AGREEMENT...
9.1 Rescission Rights Pursuant to Florida Lav
9.2 Voluntary Termination by Resident
9.2.1 Prior to Occupancy ........... ae
9.2.2 After OCCUPANCY os ccesscesessscsersereeesscersssssssessssessseessesneessesseessessensnsseaaneetesetereee 23
9.2.2.1 The Effective Date of Your Notice
& the Agreement Termination Date...
9.2.2.2 Your Continuing Monthly Fee Obligatio:
9.3 Termination Upon the Death, Illness, Injury or Incapacity o:
Resident After Rescission Period But Prior to Occupancy ....
9.4 Termination Upon the Death of a Resident After Occupancy.
9.5 Termination by Payor
9.6 Termination by Sponsoi
9.6.1 Termination Prior to End of Rescission Period .
9.6.2 Termination After Rescission Period But Prior to
Occupancy for Reasons Other Than Those Listed in Section 9.3 25
9.6.3 Termination After Occupancy ........
9.6.4 Written Notice and Effect of Termination by Sponsor.
iv
Lifespace-Traditional 1-1-2016
Exhibit A10
11
12
13
9.6.5 You Must Vacate. Your Apartment On or Before the Termination Date.
9.7 Notice of Rescission or Termination by Any Party.....csssssessessecsseeesseees
REFUND OF ENTRANCE FEE AND OTHER EFFECTS OF TERMINATION......... 27
10.1 Refund in the Event of Termination by Sponsor or
Rescission by Resident During Rescission Period ........csssessscsesersessesenseennersanseees 27
10.2 Refund After the Rescission Period But Prior to Occupancy
Due to Death, Illness, Injury or Incapacity of Resident .......ccsssecssessseceresneesneenneenees 27
10.3 Refund in the Event of Termination After Rescission Period
and Prior to Occupancy for Reasons Other Than Death,
Illness, Injury or Incapacity of Resident ......ccese
10.4 Refund in the Event of Termination After Occupane’
10.4.1 Processing Fee... aaa
10.4.2 Amortization of Entrance Fee ‘and Return
10.4.3 Other Amounts Retained .........ccseeser
10.5 Timing of Refund Payment in the Event of Termination After Occupancy,
10.6 Non-reimbursable Amoumtts.............:008
10.7 General Provisions for Refunds to Couples
10.8 Non-Refundability of Payments for Alterations
10.9 Making Refunds Payable to Third Parties...
10.10 Continued Payment of Monthly Charges...
RESIDENT AFFAIRS AND EFFECTS
11.1 Resident’s Personal Obligations ...
11.2 Durable Power of Attorney, POLST an
11.3 Application for Guardianship ...........cccsecseesseeecneeseessesee
11.4 Relocation of Personal Property; Restoration of Apartment
RESPECTIVE RIGHTS OF RESIDENT AND SPONSOR.
12.1 Agreements with Other Residents ...
12.2 Policies of the Community and Resident ‘Handbook.
12.3. No Lease of Apartment or Assignment of This Agreement . 30
12.4 Resident Council
12.5 Resident’s Rights
MISCELLANEOUS .........cecseeseessessteee
13.1 Your Liability Claims Against Third Partie:
13.2 Your Personal Property and Liability Insurance Respons:
13.3 Interruption in Services.
13.4 Your Liability for Injury or Damage
13.5 Motorized Assistive Devices
13.6 Pets ..cccsecseeseessessscsserseesersees
13.7 Tax Matters...
13.8 Review of Disclosure Statement
13.9 Notices .....sccsserssesssneecresssersseees
Lifespace-Traditional 1-1-2016
Exhibit A13.10 Entire Agreement
13.11 Continuing Obligation:
13.12 Severability...
13.13 Waiver of One Breach Not a Waiver of Any Othe:
13.14 Sponsor’s Right to Contract.
13.15 Assignment By Sponsor...
13.16 Counterparts and Signature.
13.17 Subordination..
13.18 Temporary Evacuation Due to Natural Disaster..
13.19 Use of Your Apartment in an Emergency ......
13.20 Use and Disclosure of Personal Information; Authorization
to Discuss Health Information ......ssscsssecssecserseeseessssssssessceasenesaessnesseesnsarsaneenenneees 34
13.21 Resident’s Representations
13.22 Changed Circumstances...
13.23 Misrepresentation or Omission.
13.24 Confirmation of Receipt of a Copy of the Residency Agreement
13.25 Confirmation of Receipt of a Copy of the Entrance Fee Receipt
13.26 Dispute Resolution Procedures.
13.26,1 NegotiationS.........0008 35
13.26.2 Mediation.............. 35
13.26.3 Binding Arbitration .. 36
13.26.4 Binding Arbitration Procedur 36
13.26.5 Litigation ..
FLORIDA STATUTE 651 REQUIRED NOTICE .......:ccceseeseesseseeeeeceesneneeseesenane eee 38
SIGNATURE PAGE o.....cccccceceesecs sees cn ee scene eee eeeee ee eeee nee sane eeeaneseteneeteneetaeeeee 39
GLOSSARY
ADDENDUM A SUMMARY SHEET
APPENDIX A. RECEIPT OF ENTRANCE FEE FUNDS
vi
Lifespace-Traditional 1-1-2016
Exhibit ALIFESPACE COMMUNITIES, INC.
ABBEY DELRAY SOUTH
RESIDENCY AND CARE AGREEMENT
This Residency and Care Agreement is made by and between Lifespace Communities,
Inc. ("Sponsor") and Patricia Woodburn _("you" or "Resident") and, if applicable, the person
who provided the transfer of property or funds for your care and has executed this Agreement in
this capacity, ("Payor"). If more than one person is signing this Agreement as a resident, these
terms refer to each of you individually, and to both of you together, and the rights and
obligations of each of you are joint and several, except as the context of this Agreement
otherwise requires.
INTRODUCTION
This Residency and Care Agreement (“Agreement”) is entered into by Lifespace
Communities, Inc., an’ Iowa not-for-profit corporation whose address is 100 E. Grand Ave.,
Suite 200, Des Moines, Iowa, 50309, (“Sponsor,” “we,” “us,” or “our”), concerning the
provision of a Life Care Agreement at its community, Abbey Delray South (“Community”) and
the person(s) identified in Addendum A as “Resident.” Community is a continuing care
retirement community located in Delray Beach, Florida, whose purpose is to provide
individuals who are sixty-two (62) years of age and older a way of living, commonly referred to
as life care or continuing care (as it is defined by Section 651.011, Florida Statutes).
The Community is operated on a nonprofit basis to satisfy the primary needs of the
senior population: the need for specially designed housing, the need for residential care, the
need for health care, and the need for financial security. As a life care retirement community,
we provide a continuum of care and services to a resident for life, even if, through no fault of
the resident, he or she becomes financially unable to pay the monthly fees. These fees will be
subsidized by the Community and you will have the same access to services with no
interruption in the care you receive or change in priority status
Sponsor and Community are not affiliated with any religious or proprietary (privately
owned) organizations. Sponsor is affiliated with the following 501(c)(3) tax exempt, nonprofit
organizations: The Lifespace Foundation, Deerfield Retirement Community, Inc., Lifespace
DG, LLC, Lifespace, Inc., Lifespace Management, Inc., and Lifespace Services, Inc. No
affiliate organization is responsible for the financial and contractual obligations of the Sponsor
or the Community. Sponsor (and the Community) and its affiliated entities are exempt from
payment of Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986,
as amended. Sponsor is solely responsible for operation of the Community and for performance
of this Agreement. Sponsor owns and operates other life care retirement communities (such
communities are not separate legal entities, but are part of Lifespace Communities, Inc.): Abbey
Delray (Delray Beach, FL), Abbey Delray South (Delray Beach, FL), Beacon Hill (Lombard,
IL), Claridge Court (Prairie Village, KS), Friendship Village of Bloomington (Bloomington,
MN), Friendship Village of South Hills (Upper St. Clair, PA), Grand Lodge at the Preserve
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Lifespace-Traditional 1-1-2016
Exhibit A(Lincoln, NB), Harbour’s Edge (Delray Beach FL), The Waterford (Juno Beach FL) and Village
on the Green (Longwood FL).
Sponsor provides quality residential housing for seniors along with a wide array of
features, items and amenities outlined in this Agreement. Subject to the conditions contained in
this Agreement, we agree to make available to you the residential living apartment (hereafter
“Apartment”) described in Addendum A.
The Community is designed to offer an environment that enriches your life. The
objective of Sponsor and the Community is to offer a lifestyle with services and programs
based on your interests that will compliment or augment your current lifestyle and well-being.
The design of the Community allows for creative and healthy lifestyle activities in a
comfortable environment.
In addition, there are health care benefits and convenient access to health care as further
described in this Agreement if needed. As a Resident of a life care retirement community, you
are offered lifetime use of an Apartment, support services, and health care in an on-site Health
Center as herein described. After you utilize all Medicare and supplemental insurance benefits,
if applicable, you will receive health care as provided by our Health Center at the rate set forth
in this Agreement, as the same may be adjusted from time to time.
Prior to signing this Agreement, you signed a reservation agreement (“Reservation
Agreement”) and made a reservation deposit in the amount of ten percent (10%) of your
Entrance Fee to reserve the Apartment identified in Addendum A at the Community. If there is
any conflict or inconsistency between this Agreement and the Reservation Agreement, this
Agreement supersedes the Reservation Agreement. As is the Reservation Agreement, this
Agreement is subject to applicable provisions of Florida law.
As a condition to your occupancy of the Apartment, you are required to meet our
eligibility requirements, including without limitation, the health and financial conditions of
acceptance into the Community and to otherwise comply with the requirements of Section 1 of
this Agreement.
The purpose of this Residency and Care Agreement is to set forth your rights and duties
as a Resident of the Community and to delineate the features, items and amenities to be
provided at the Community.
This Agreement shall take effect on the date that it has been signed by both parties (this
date is found on the signature page and is referred to as the Agreement Date) and will be in
effect for the rest of your life, unless this Agreement is terminated as provided in Section 9
hereof.
1. ELIGIBILITY AND ACCEPTANCE FOR RESIDENCY. If you are reviewing this
Agreement in the time period before you sign this Agreement, you may have questions
about the application and acceptance process. Our obligations to provide certain features,
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Lifespace-Traditional 1-1-2016
Exhibit Aitems, and amenities hereunder are conditioned upon our acceptance of Resident for
residency at the Community in accordance with this section. The decision to accept a
Resident for residency at the Community is within our sole discretion subject to applicable
law.
1.1. Requirements for Acceptance for Residency.
1.1.1. Application. Before you are accepted for residency at the Community, you will
complete and submit certain application forms. You hereby certify to us that all
information reflected in your Application, including all personal financial
information, is complete and accurate. Your Application is hereby incorporated
into and made a part of this Agreement.
1.1.2. Medical Examination. In addition to the Application, you may be required to
complete a physical examination and provide us a confidential medical history and
medical records to assure that you satisfy the health and safety requirements
described in Section 1.1.4.
1.1.3. Age. To be accepted for residency at the Community, you must generally be at
least sixty-two (62) years of age on or before the date of Occupancy or be applying
for residency with a person who is or will be sixty-two (62) years of age or older at
the time of Occupancy.
1.1.4. Health and Safety. To be accepted for residency at the Community, you must be
free of dangerous or contagious diseases and be able to reside in your Apartment
(with or without reasonable accommodation or reasonable modification). The level
of treatment, care, or supervision that you require must not exceed that which the
Community is licensed to provide or provides in the ordinary course of its
business. Your residency at the Community must not present a threat to your health
or safety or to the health, safety, or well-being of other residents or staff of the
Community or be likely to result in substantial physical damage to the property of
others.
1.1.5. Financial Status: To be accepted for residency at the Community, you must
provide financial documentation indicating, to Sponsor’s satisfaction, the ability to
pay the Entrance Fee and the Monthly Charges during the term of this Agreement.
1.2. Notification of Decisions. Within thirty (30) days of your satisfaction of all of the
requirements set forth in Section 1.1, we shall notify you of our decision concerning
your acceptance for residency at the Community. If you are not accepted for residency
at the Community, we will promptly refund your Reservation Deposit to you, and the
parties shall have no further obligations to one another under the Reservation
Agreement, or this Agreement, as applicable.
Lifespace-Traditional 1-1-2016
Exhibit A1.3. Conditioned Upon No Material Changes Prior to Occupancy. As a condition to
your acceptance for residency at the Community, there shall be no material change in
the information in your Application prior to your Occupancy. In the event of any
material changes prior to the Occupancy to the health and financial conditions that we
may require for residency set forth in Section 1.1, we may revoke our acceptance of
you for residency at the Community at any time prior to the Occupancy by written
notification to you, and your Reservation Deposit shall be refunded to you within thirty
(30) days.
1.4. Duties of Resident to Notify Provider. You acknowledge and agree that we have
relied on all the information contained in your Application and on your confidential
medical history and medical examination, if applicable, to make our decision regarding
your acceptance for residency at the Community. Any misrepresentation or omission by
you shall render this Agreement null and void at our option. You agree to notify us
prior to the Occupancy of any material change in any of the matters covered by, or
reflected on, the Application or, if applicable, the confidential medical history and
medical exam.
1.5. Occupancy. You are required to take Occupancy of the Apartment within ninety (90)
days of your signing the Reservation Agreement.
2. LIVING ACCOMMODATIONS
2.1 Apartment. You have selected the Apartment described in Addendum A in which to
live ("Apartment"). You will have a personal and non-assignable right to live in your
Apartment, subject to the terms of this Agreement, and the rules, Policies of the
Community, as outlined in the Resident Handbook and as otherwise issued by the
Community, as amended from time to time, in Sponsor’s discretion. (See Appendix A,
Disclosure Statement which contains a current copy of the Resident Handbook.),
2.2 Furnishings. Your Apartment is furnished with appliances and floor coverings as
determined by the Community. We assume that you wish to provide your own
furnishings for your Apartment (other than those listed here). You may decorate your
Apartment in accordance with your own individual tastes and preferences. However,
decorations and all other modifications that would affect the exterior appearance of your
Apartment require Sponsor’s prior written approval. If, after taking possession of your
Apartment, you wish to re-carpet or paint the interior of your Apartment, you may do so
at your own expense and subject to Section 2.3 below. You are at liberty to use your own
furniture, minor appliances and special equipment, provided that the safety standards of
the Community are met. (See the Resident Handbook). You agree, at Sponsor’s request
and at your cost, to remove any furnishings, minor appliances and special equipment
from your Apartment that do not meet the Community standards. You or your estate will
be responsible for removing, at your or your estate’s cost, all such furniture, appliances,
decorations, personal items and special equipment when your Apartment is vacated.
Lifespace-Traditional 1-1-2016
Exhibit A2.3 Alterations. Sponsor may make any alterations, additions, improvements,
replacements, or repairs to your Apartment at any time to meet legal requirements,
Community needs, or as necessary in the judgment of Sponsor. Also, Sponsor may make
any alteration to the Community it deems appropriate. You may not make any structural
modification to your Apartment or the Community. You may make nonstructural
alterations, additions or improvements (collectively referred to as alterations) to your
Apartment, provided you obtain prior written consent from Sponsor. For any alteration,
you agree that: (i) such work will be performed by Sponsor or under its direction if the
Sponsor agrees in its sole discretion to permit; (ii) you will bear the costs of all labor,
materials, plans, permits, approval, and incidental expenses necessary to make such
alternations; (iii) you will carry sufficient insurance coverage to protect against all
possible liabilities involved in the alteration and (iv) all such work shall be performed
diligently and in a first-class, workmanlike and lien-free manner. If the alterations are
other than Sponsor's standard upgrade, you or your estate must pay, upon signing the
Approved Alterations Agreement the charge for restoring your Apartment to its original
condition upon termination of your occupancy of your Apartment for any reason, unless
waived by Sponsor. The costs related to an alteration shall be deemed a Miscellaneous
Expense hereunder.
2.4 Use of Apartment. The Apartment is for living only and shall not be used for carrying
on any business or profession, nor in any manner in violation of zoning restrictions. This
Agreement is not a lease, and entitles you only to the lifetime use of the Apartment and
other amenities of the Community and to available services, subject to the terms and
conditions of this Agreement.
2.5 Occupants of Apartment. Except as hereinafter provided, no person other than you (or
both of you if there are two of you) may occupy the Apartment except with our express
written approval. In the event that a second person who is not a party to this Agreement
(including a spouse) wishes to be accepted for residency under this Agreement, after the
date we execute this Agreement, said second person’s acceptance will be based upon our
then-current Residency Policy. If accepted, payment of the then-current second person
fee and additional Monthly Fees for second persons shall be due. If such second person
does not meet the requirements for residency, such second person will not be permitted to
occupy the Apartment for more than thirty (30) days as a guest in accordance with
Section 2.7 (except with our express written approval).
2.6 Emergency Entry and Relocation. We may enter your Apartment should it be
necessary in an emergency to protect your health or safety, the health or safety of others
or to protect Sponsor’s or other residents’ property. Should it be necessary to modify
facilities to meet the requirements of any applicable law or regulation which necessitate
temporarily vacating your Apartment, we will provide alternate facilities for you without
Extra Charge within or outside the Community. Further, if relocation is recommended by
the Medical Director or your attending physician, we will request that you relocate to
another Apartment within the Community or the Community Health Center for the
protection of your health or safety or for the health and safety of others.
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Lifespace-Traditional 1-1-2016
Exhibit A2.7 Guests. A guest may stay with you in your Apartment for up to thirty consecutive days
without prior Sponsor approval. Any stays longer than thirty consecutive days require
prior Sponsor approval. Guests may not stay in your Apartment when you are not
present, unless you obtain prior written approval from Sponsor. In no case shall any
guest stay exceed fifty (50) days (consecutive or not) in a calendar year. Sponsor will
provide your family and other guests with opportunities to visit and participate in
activities at the Community, if you desire. All guests must abide by all applicable rules
contained in the Resident Handbook. If your guest exceeds the limitations on the length
of stay, he or she must apply and qualify for residency at the Community. (See Section 1)
You will be responsible for assuring that your guests abide by these rules and are not
disruptive. Your guests may be denied access to the Community if they fail to observe the
rules as determined by Sponsor. From time to time, subject to availability, Sponsor may
offer guest rooms at the Community for an additional charge. Any Personal Service
Provider providing services to you are not considered guests and are not entitled to the
same privileges as guests. (See Section 2.8)
2.8 Personal Service Providers. You may arrange for Personal Service Providers to provide
services in your Apartment provided that: (i) such care or delivery of service is consistent
with all applicable laws, including Florida laws and regulations pertaining to the service
being provided; (ii) you accept full responsibility for the cost of such services; and (iii)
you and the Personal Service Provider agree in writing to adhere to and actually do
comply with the Community's Personal Service Provider Manual and this Section 2.8.
You understand and agree that Sponsor shall not be liable for any loss, damage, or injury
to you, another resident of the Community, or any other person caused by the Personal
Service Provider; (vi) you agree to indemnify and hold harmless Sponsor for any loss,
damage or injury to you, Sponsor or Sponsor’s employees, agents or visitors, another
resident, or any other person or property caused by the Personal Service Provider.
2.9 Your Responsibilities With Respect to Your Apartment. You agree to keep your
Apartment in a clean and orderly condition. You agree to use and occupy your Apartment
solely as your home and to maintain it in compliance with all applicable governmental
requirements, including all public health and police regulations. You agree not to: (i)
permit another person to reside in your Apartment without the prior approval of Sponsor;
(i) use or operate any equipment or machinery or engage in any conduct that may cause
loss or damage to the Community, may harm residents or staff, or is disturbing to other
residents or the effective administration of the Community; (iii) engage in any
commercial activity at the Community; (iv) employ any person in or about your
Apartment whose employment or presence may create a liability on the part of Sponsor;
or (v) hire any of the Community's employees for any purpose without the written
consent of Sponsor.
2.10 Damage to Your Apartment or the Community. Sponsor will maintain
insurance on the Community, including property damage and business interruption
insurance, in amounts and with coverages it shall determine in its reasonable discretion.
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Lifespace-Traditional 1-1-2016
Exhibit AIf all or part of the Community is destroyed or damaged by fire, natural disaster, or other
loss and, in Sponsor's reasonable discretion, the insurance proceeds are sufficient to
rebuild the Community to its previous condition, Sponsor will proceed to have the
Community restored unless then-existing laws or other circumstances would not permit
prompt reconstruction and restoration or other circumstances make reconstruction and
restoration not feasible. If Sponsor proceeds to restore the Community, it will restore
affected units only with the standard fixtures and floor plans for such units, unless
otherwise agreed in writing. If Sponsor proceeds to restore the Community and your
Apartment is not suitable for occupancy during such restoration, Sponsor will pay, and
include in the costs of operating the Community, the costs of renting reasonably
comparable quarters at or near the Community, provided you continue to pay your
Monthly Fee. During the period of restoration, Sponsor will use all reasonable efforts to
find suitable housing for such period, but if no such housing can be procured by Sponsor
despite such efforts, the responsibility for locating such housing will be yours. Sponsor
cannot guarantee that such temporary alternative accommodations will be located at or
near the Community or near any other residents of the Community. Throughout such time
and to the extent reasonably practicable, Sponsor will continue to furnish you or arrange
for you to be furnished with the services that it has agreed to provide to you under this
Agreement or with appropriate substitutes. You will continue to be responsible for the
payment of your Monthly Fee if temporary accommodations and services are being
provided to you. If the casualty insurance proceeds are insufficient to restore the premises
or Sponsor determines not to or is otherwise unable to rebuild the Community for any
other reason, Sponsor may terminate this Agreement. (See Section 9.6.3) In that case, you
shall receive a refund of your Entrance Fee in accordance with Section 10,4 and 10.5
regardless of the availability of insurance proceeds.
241 Right of Entry; Licensure. Sponsor and its agents will have the right, upon
reasonable notice where practicable, to enter your Apartment to perform services, make
repairs, display your Apartment to prospective residents (for example, if you have given
Sponsor a notice of termination), and for all other lawful purposes. In addition, because
the Community is licensed as a continuing care community and has a licensed skilled
nursing center, it may be necessary for a representative of the State of Florida to enter
and inspect the Community and your Apartment, without advance notice. Sponsor will
make reasonable efforts to preserve your privacy in your Apartment.
3. COMMUNITY FACILITIES. You will be entitled to share with all other residents the
use of the grounds and common facilities at the Community subject to the rules and
regulations of the Community, as outlined in the Resident Handbook. Common facilities
currently available to residents include a main dining room, arts and/or crafts or hobby
room, salon and spa, lounges, meeting rooms, a library, and other areas at the Community.
Sponsor may eliminate, modify or expand common facilities at the Community at its sole
discretion,
Lifespace-Traditional 1-1-2016
Exhibit A4, AMENITIES.
4.1. Basic Amenities. The following amenities will be provided to you by Sponsor for as
long as you reside in your Apartment and are covered by your Monthly Fee. Sponsor
strives to be responsive to the needs and desires of residents concerning the amenities
provided at the Community. Accordingly, the nature and scope of basic amenities
offered at the Community may be changed by Sponsor upon sixty (60) days’ written
notice to you. Also, Provider may increase or decrease your Monthly Fee from time to
time upon sixty (60) days advanced written notice to you. A schedule of the changes in
the Monthly Fee for the prior five years is included in our Disclosure Statement
accompanying this Agreement.
4.1.1. Dining. One meal per day in the dining areas designated for this purpose by the
Community. Occasional tray service to your apartment and modified diet
consultation when ordered by the medical director or director of nursing services
due to a temporary illness or incapacity is also included. Sponsor may in its sole
discretion provide the one meal per day or the equivalent through other dining
options, such as a monthly dining allocation;
4.1.2. Housekeeping and Laundry. Standard light housekeeping services will be
provided to your Apartment on a scheduled basis per Community policy, which
include flat linen service.
4.1.3. Programs and Activities. Sponsor offers various social, educational, spiritual,
cultural, fitness and recreational programs and activities at and away from the
Community, some of which may involve an extra charge. These programs and
activities are offered with the expectation that some of them may meet the diverse
interests of our residents. You are welcome to participate in these activities as you
wish. The programs and activities may change from time to time.
4.1.4. Maintenance. Sponsor will provide routine and preventative maintenance and
repairs to your Apartment. Sponsor will also maintain all Community buildings,
common areas and grounds. Your Monthly Fee does not include the cost of
maintenance and repairs of your Apartment made necessary due to your or your
guests, employees or other hired by you actions or inactions, including stains and
odors. Any such costs will be charged to you separately. You are also responsible
for maintaining or arranging for the repair and maintenance of your personal
property.
4.1.5. Transportation. Scheduled group transportation will be provided to local
destinations as determined by Sponsor and scheduled transportation to your
appointments with professionals offering medical, dental and other health care
services within the local area and within designated times. Transportation may be on
a shared ride basis.
Lifespace-Traditional 1-1-2016
Exhibit A4.1.6. Fire Protection. Your Apartment is equipped with a smoke detector.
4.1.7. Emergency Call System. Your Apartment is equipped with an emergency call
system which shall be monitored by Community staff.
4.1.8. Utilities and Insurance. Electricity, water, sewer, trash/garbage removal, heating
and air conditioning, liability and casualty insurance for Community common areas
and basic cable television services.
4.1.9. Real Estate Taxes/Homestead Exemption. Sponsor will annually estimate the real
estate taxes, special taxes and assessments, and any other taxes that it believes may
be levied against the Community by the city, county and state in which the
Community is located. Those taxes will be included in the costs of operating the
Community that are paid from the monthly fees, but you will not receive a separate
resident tax bill.
4.1.10. Miscellaneous Fees. Some of our communities pay as part of the Monthly Fee
additional costs incurred by the community to provide other benefits to the
residents, such as membership in a local home owners association. Please see the
Resident Handbook for further information.
4.2. Optional Amenities. The following optional amenities may be provided to you, at your
request, for an additional charge for as long as you reside in your Apartment or until you
request to stop the provision of such amenities. A current Schedule of Fees of Optional
Amenities is included in the Disclosure Statement. The nature and scope of additional
amenities and the fees for same may be adjusted from time to time at the election of
Sponsor, upon sixty (60) days’ written notice to you. Certain additional amenities for
extra charge will also be available to you while you are in the Community Health
Center.
4.2.1. Outpatient clinic services on-site for walk-ins and scheduled appointments during
regularly scheduled hours as may be offered by the Community (some of our
communities do not offer this optional amenity) and subject to a fee schedule.
4.2.2, Additional transportation to nearby medical appointments;
4.2.3. Meals, food, and beverage services in excess of the one daily meal;
4.2.4, Special diets, ordered by a physician as a medical necessity.
4.2.5. Limited tray service to your Apartment when approved by the Health Center staff
for a period of time in excess of a temporary illness.
4.2.6, Special events scheduled by you;
9
Lifespace-Traditional 1-1-2016
Exhibit A4.2.7, Additional housekeeping services;
4.2.8. Additional laundry services;
4.2.9. Additional maintenance services in your Apartment;
4.2.10. Guest rooms — if available;
4.2.11. Special activities and programs;
4.2.12. Valet parking services for private functions.
4.2.13. Other services that may be provided from time to time
5. HEALTH CENTER AND OTHER CARE.
5.1. The Health Center. Sponsor has no obligation or responsibility for monitoring your
physical or mental health while you reside in your Apartment. Upon receipt of
documentation of medical necessity and upon execution of a separate Health Center
Admission Agreement, Sponsor will provide routine levels of supportive and restorative
basic skilled nursing care to you in the Health Center. Such services -shall include
assistance with daily activities such as bathing, dressing, and grooming as well as
administration of medications, care planning, skin and wound care, incontinence care,
arranging for diagnostic and therapeutic services, and dietary services. We will not
provide health services (a) to the extent not authorized by our license from the state of
Florida, (b) if we are not staffed or equipped to provide required services, (c) that we do
not routinely provide, or as further set forth in Section 5.2. and Section 6.3.9
5.2. Health Center Admission Determination. Decisions regarding your need for care
which require your transfer from your Apartment to the Community Health Center will
be made in the reasonable discretion of the Sponsor following a care meeting with you
or your designated health care representative, the Community health care team and your
attending physician (if you have one). If it is determined by the Sponsor that health
center care be given, resident agrees to relocate to the Community Health Center. You
acknowledge and agree that, from time to time, Sponsor may conduct assessments of
your condition and care needs so that Sponsor can make these decisions, however
Sponsor is under no obligation to do so. Sponsor may transfer you to the Community
Health Center or to an outside facility if, in the judgment of Sponsor, through the
Community health care team, any of the following circumstances exist: (1) you require a
level of care that can no longer be provided in your current location and may be
provided more safely, effectively or efficiently at a location other than in your current
location within the Community; (2) your condition or needs requires your transfer to a
hospital, dementia care facility, psychiatric facility or other facility, and the Community
does not have such facilities available to provide that level of care. (3) you require care
10
Lifespace-Traditional 1-1-2016
Exhibit Athat may not lawfully be provided in your current location within the Community; (4)
you require care that Sponsor does not routinely provide in your location within the
Community; (5) you engage in conduct or have a condition that interferes with the
peaceful lodging of residents or the administration of the Community, or endangers
Community property or the property or health of other residents or staff; or (6) you
develop a physical or mental condition that endangers your health, safety, or well-being
or that of another person or causes an unreasonable and ongoing disturbance at the
Community.
5,3. Priority Access to the Community Health Center. You will receive first priority
access to the Health Center over non-residents. Priority for admission to the Health
Center among residents will be established upon a first-in-time basis with respect to each
type of unit in the Health Center. You agree to move promptly to the Health Center upon
Sponsor's notice that a room at the Health Center is available.
5.4, Medical Director and Attending Physician. Sponsor is required by law to designate a
licensed physician to act as medical director of the Community Health Center. The
medical director is not an employee of Sponsor. You may engage the services of the
medical director or the services of a physician of your choice. We will not be
responsible for the cost of medical treatment by physicians chosen by you or for the cost
of medical treatment by the medical director, nor will we be responsible for the cost of
medication, prescribed therapy, and the like. In the event we incur or advance costs for
your medical treatment or for medication, prescribed therapy, and the like (even though
such medical care is given at the direction of your attending physician or the medical
director without your prior approval), you will reimburse us for such costs.
5.5. Health Center Accommodations. Nursing care will be provided in semi-private health
center accommodations. If available, private health center accommodations may be
selected for an extra charge. However, at our sole discretion, if the private room in
which you are residing is needed for semi-private use and providing your use of the
private room is not medically necessary, you agree to reside in a semi-private room until
a private room is once again available.
5.6. Alternate Accommodations. You shall be given priority over non-residents for
admission to the Health Center. In the unlikely event the Community Health Center is
fully occupied, you agree to relocate to an alternate health care facility with which we
have agreements to provide nursing care. You will have first priority over non-residents
for admission to the Health Center at the Community when space becomes available.
5.7. Specialized Rehabilitative Services. At your request, Sponsor will assist you in
obtaining specialized rehabilitative services from rehabilitative providers, such as
physical therapy, occupational therapy, speech therapy, and audiology. Such care shall
be at your sole expense.
11
Lifespace-Traditional 1-1-2016
Exhibit A5.8. Emergency Care. In the event Sponsor becomes aware of an emergency, a staff
member will respond and contact "911" emergency services if the staff member deems it
appropriate. Sponsor will attempt to contact your personal physician, but if this is not
practical, take any other action that it deems appropriate under the circumstances. Please
refer to the Resident Handbook for further information on emergency care provided
within your Community. Emergency Services provided by an external party will be at
your sole expense.
5.9. Care Away From the Community. Sponsor shall have full authority and right to
transfer you from the Community for hospitalization or other health-related services
without obtaining your consent, if the Sponsor and the Medical Director determines that:
(1) the Community does not have adequate facilities or staff to provide the care you
need; (2) your continued stay in the Community constitutes a danger or heaith hazard to
you or other residents, or is detrimental to the peace or security of other residents; or (3)
any cause for transfer set forth in Sections 5.2 exist or to enable you to receive services
not provided by the Community as set forth in 6.3.9 exist. If you are transferred from
the Community under this Section 5.9, you will be responsible for all fees resulting from
the transfer.
5.10. Under Age Sixty-Two (62). If you are under age sixty-two (62) when you occupy
an Apartment under this Agreement, you shall be entitled to care offered in the
Community Health Center. However, you will be charged the then-current per diem rate
being charged to non-residents until you attain the age of sixty-two (62). After attaining
the age of sixty-two (62) you may be eligible to receive Life Care. Eligibility will be
determined in accordance with the eligibility and application requirements in effect at
the time your turn sixty-two and file your application.
6. FEES. Occupancy of your Apartment, use of the accommodations in the Community, and
the right to receive the services described in this Agreement are contingent upon your
payment of the fees stated below.
6.1. Entrance Fee.
6.1.1. Entrance Fee Amount. You agree to pay the sum set forth in Addendum A
(collectively, the “Entrance Fee”). The Entrance Fee includes a five percent
processing fee (“Processing Fee”) which Processing Fee is refundable only when
this Agreement is cancelled or terminated in accordance with Sections 9.1 and 9.2.
Under all other circumstances, including termination for any reason or transfer to
another apartment or level of care, the Processing Fee is retained by Sponsor.
6.1.2. Deposit. You have already paid Sponsor the Reservation Deposit stated in
Addendum A as a deposit toward your Entrance Fee when you signed a Reservation
Agreement. The deposit will be applied against the Entrance Fee. Also, if you paid
a wait list deposit to place your name on the Community’s wait list, then that wait
list deposit will be applied against the Entrance Fee.
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Lifespace-Traditional 1-1-2016
Exhibit A6.1.3. Balance of Entrance Fee. The balance of your Entrance Fee, as set forth in
Addendum A is due at Closing. You will sign this Agreement at Closing and
Sponsor shall sign thereafter. The Florida statutory rescission period shall
commence upon the signing of this Agreement by both parties, as further described
in Section 9,1. As described in Sections 9 and 10, you may be entitled to a partial
repayment of your Entrance Fee upon termination of this Agreement. The Entrance
Fee may not be increased or changed during the duration of this Agreement, except
for changes required by state or federal assistance programs, or if you request a
transfer to another apartment that has a different entrance fee than your Apartment.
6.1.4. Escrow of Reservation Funds. All funds received from you as part of your
Reservation Agreement may be deposited in an escrow account or if requested by
you, we will hold your check for your res
Preview
Filing # 121004422 E-Filed 02/08/2021 02:58:34 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA PATRICIA WOODBURN, Plaintiff, vs. Case No. 2020-CA-3542 LIFE SPACE COMMUNITIES, INC., d/b/a ABBEY DELRAY SOUTH, Defendant. / DEFENDANT’S MOTION TO STRIKE COMPLAINT FOR FAILURE TO OBTAIN LEAVE TO AMEND AND/OR MOTION TO DISMISS AND/OR MOTION FOR A MORE DEFINITE STATEMENT AND/OR MOTION TO COMPLY WITH RESIDENCY AGREEMENT/CONDITIONS PRECEDENT Defendant, LIFE SPACE COMMUNITIES, INC., by and through its undersigned counsel, hereby files this Motion to Strike Complaint for Failure to Obtain Leave to Amend and/or Motion to Dismiss and/or Motion for a More Definite Statement and/or Motion to Comply with Residency Agreement/Conditions Precedent, and as grounds therefore, states as follows: 1. Plaintiff failed to obtain leave to amend the complaint and the Amended Complaint should therefore be stricken. See Rule 1.190(a), Florida Rules of Civil Procedure, which permits a party to amend a pleading once as a matter of course at any time before a responsive pleading is served and, thereafter, a party may amend a pleading only by leave of court or by written consent of the adverse party. 2. Plaintiff's Amended Complaint is filled with inconsistencies and fails to state a cause of action. Plaintiff alleges that “Patricia Woodburn was a resident at Defendant's nursing home.” Plaintiff then alleges in paragraph five that Patricia Woodburn was “a resident of an independent living community.” Nursing homes are governed under Chapter 400, Fla. Stat. Independent living communities are not governed by Chapter 400. It is then alleged in the Amended Complaint that Defendant failed to fulfill its obligations under a contract, citing a paragraph of the written contract in the Amended Complaint. No contract is attached to the complaint. *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 02/08/2021 02:58:34 PM ***3. Plaintiff's allegations are vague, ambiguous, and unclear with regard to the cause of action at issue. Therefore, the Amended Complaint should be dismissed and/or Plaintiff should be required to provide a more definite statement. 4. Plaintiff intermingles claims related to contractual obligations and breach of duty of care with a potential claim under Chapter 400, Fla. Stat. Plaintiff has also failed to state a cause of action for vicarious liability. 5. Defendant respectfully requests that its motion to compel compliance with the residency agreement be granted because the Amended Complaint is in direct violation of the dispute resolution procedures and conditions precedent set forth in the agreement which is attached to this Motion. (See Exhibit A). WHEREFORE, Defendant, LIFESPACE COMMUNITIES, INC., by and through its undersigned counsel respectfully requests that this Court grant its motion to strike the Amended Complaint for failure to obtain leave of court and or consent of counsel and/or grant its motion to dismiss and/or grant a motion for more definite statement and or motion to comply with residency agreement/conditions precedent. | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to JUAN ASCONAPE, ESQ., Schwed Adams & McGinley, jasconape@schwedlawfirm.com, eservice@schwedlawfirm.com, by e-service, this 8th day of February, 2020. Lyf Kelly $. Weaver Kelly S. Weaver Florida Bar No. 996210 ULLMAN BURSA LAW 3812 Coconut Palm Drive, Suite 200 Tampa, Florida 33619 813-970-0500 813-970-0549 (fax) kweaver@ublawoffices.com courtmail@ublawoffices.com jcleaves@ublawoffices.com Attorneys for DefendantABBEY DELRAY SOUTH A LIFESPACE COMMUNITY RESIDENCY AND CARE AGREEMENT 0% RETURN OF CAPITAL (TRADITIONAL) Exhibit A1. TABLE OF CONTENTS ELIGIBILITY AND ACCEPTANCE FOR RESIDENCY, 1.1.Requirements for Acceptance for Residency .............. 1.1.1 Application........... 1.1.2 Medical Examination 11.3 Age seccesecreeseere 1.1.4 Health and Safety .. 1.1.5 Financial Status .. 1.2. Notification of Decisions. 1.3.Conditioned Upon No Material Changes Prior to Occupancy 1.4, Duties of Resident to Notify Provider .. LS. OcCUpaNncy oo. seecrerecsensensreseeereenees LIVING ACCOMMODATIONS. 2.1. Apartment 2.2. Furnishing: 2.3 Alterations 2.4 Use of Apartment.. 2.5 Occupants of Apartment......... 2.6 Emergency Entry and Relocatio 2.7 Guests .rrecsecssreerrseseeeseenees 2.8 Personal Service Providers .. 2.9 Your Responsibilities With Respect to Your Apartment 2.10 Damage to Your Apartment or the Community 2.11 Right of Entry; Licensure... 3. COMMUNITY FACILITIES.....ssssessssssssssssessssssesssnsssesscnsssseccessssaverseneensssecssssnnsceecasneassestonens 7 4, AMENITIES......... 4.1 Basic Amenities 4.1.1 Dining... 4,1.2 Housekeeping and Laundry. 4.1.3 Programs and Activities .. 4.1.4 Maintenance ... 4.1.5 Transportation 4.1.6 Fire Protection... 4.1.7 Emergency Call System 4.1.8 Utilities and Insurance... ese 4.1.9 Real Estate Taxes/Homestead Exemption. 4.1.10 Miscellaneous Fees. 4.2 Optional Amenities. Lifespace-Traditional 1-1-2016 Exhibit A5, HEALTH CENTER AND OTHER CARE 5.1 The Health Center........ccscsseseseeee 5.2 Health Center Admission Determination . 5.3 Priority Access to the Community Health Center 5.4 Medical Director and Attending Physician 5.5 Health Center Accommodations 5.6 Alternate Accommodations... 5.7 Specialized Rehabilitative Services 5.8 Emergency Care ...csssecsesseesreees 5.9 Care Away from the Community . 5.10 Under Age Sixty-Two (62)...... 6 FEES eee 6.1 Entrance Fee . 6.1.1 Entrance Fee Amount 6.1.2 Deposit... 6.1.3 Balance of Entrance Fee 6.1.4 Escrow of Reservation Fund: 6.1.5 Payment of the Entrance Fee by a Third Part 6.1.6 Entrance Fee Minimum Refund Percentage 6.2 Monthly Fee and Fees for Optional Amenities 6.3 Health Center Fees......cccecsecssersssssenrenneerenses 6.3.1 Resident or Residents Temporarily Assigned to the Community Health Center ....sccsssssecsssssessesserssessessserssersescenseseesseseesseaseeseeneeenees 13 6.3.2 One Resident Permanently Assigned and Second Resident Retains Apartment......ssssessessssecssesnsessresssessanseesnsseesesee 6.3.3 Resident or Residents Permanently Assigned and Apartment Released 6.3.4 Health Center Fee Upon Permanent Assignment . 6.3.5 Apartment Retained ...... 6.3.6 Return to an Apartment. 6.3.7 Ancillary Charges ......scsssssesees 6.3.8 Alternate Accommodation Charges 6.3.9 Conditions, Services, Products and Items Not Included in Health Center Fee or Not Provided by Sponsot.....csesssssersessessessssseresseeseenrees 15 6.4 Medicare and Supplemental Insurance............. 6.4.1 Medicare Advantage Plans/Managed Care 6.4.1.1 Participating Provider....... 6.4.1.2 Not a Participating Provider.. 6.4.1.3 Negotiated Managed Care Rat 6.4.1.4 No Negotiated Managed Care Rate. 6.4.2 Post Medicare — Qualified Stay 6.5 Responsibility for Fee. 6.6 Payment Procedures 6.7 Adjustments......... iii Lifespace-Traditional 1-1-2016 Exhibit A6.7.1 Fees... 6.7.2 Late Payment . 6.7.3 Cease Payment of Monthly Fee for Apartment . 6.7.4 Upgrade Fees ....essecseseeene 6.7.5 Continuance of Monthly Fee. 6.8 Reserve Funds....sssecssesseesseeeerees 7 FINANCIAL ASSISTANCE......... 7.1 Sponsor as Charitable Organization .. 7.2 Notification to Sponsor, Application for Assistance and Provision of Financial Information 7.3 Sponsor Assistance... 7.4 Impairment Due to Actions of Resident 7.5 Assistance as Additional Charge........ 7.6 Execution of Documents to Secure Claim, 7.7 Require Move to Smaller Apartment..... 7.8 Continued Requirements .............0 7.9 90 Day Requirement as Per Florida Law. 8 TRANSFERS FROM APARTMENT FOR NON-HEALTH REASONS. 8.1 General Provisions Concerning Transfers for Non-Health Reasons. 8.2 Substitution of Apartment ............. 8.3 Voluntary Transfer of Single Resident 8.4 Joint Occupancy by Residents 8.5 Joint Occupancy by Resident and Second Person 8.6 Voluntary Transfer of One Joint Resident........ 9 TERMINATION OF AGREEMENT... 9.1 Rescission Rights Pursuant to Florida Lav 9.2 Voluntary Termination by Resident 9.2.1 Prior to Occupancy ........... ae 9.2.2 After OCCUPANCY os ccesscesessscsersereeesscersssssssessssessseessesneessesseessessensnsseaaneetesetereee 23 9.2.2.1 The Effective Date of Your Notice & the Agreement Termination Date... 9.2.2.2 Your Continuing Monthly Fee Obligatio: 9.3 Termination Upon the Death, Illness, Injury or Incapacity o: Resident After Rescission Period But Prior to Occupancy .... 9.4 Termination Upon the Death of a Resident After Occupancy. 9.5 Termination by Payor 9.6 Termination by Sponsoi 9.6.1 Termination Prior to End of Rescission Period . 9.6.2 Termination After Rescission Period But Prior to Occupancy for Reasons Other Than Those Listed in Section 9.3 25 9.6.3 Termination After Occupancy ........ 9.6.4 Written Notice and Effect of Termination by Sponsor. iv Lifespace-Traditional 1-1-2016 Exhibit A10 11 12 13 9.6.5 You Must Vacate. Your Apartment On or Before the Termination Date. 9.7 Notice of Rescission or Termination by Any Party.....csssssessessecsseeesseees REFUND OF ENTRANCE FEE AND OTHER EFFECTS OF TERMINATION......... 27 10.1 Refund in the Event of Termination by Sponsor or Rescission by Resident During Rescission Period ........csssessscsesersessesenseennersanseees 27 10.2 Refund After the Rescission Period But Prior to Occupancy Due to Death, Illness, Injury or Incapacity of Resident .......ccsssecssessseceresneesneenneenees 27 10.3 Refund in the Event of Termination After Rescission Period and Prior to Occupancy for Reasons Other Than Death, Illness, Injury or Incapacity of Resident ......ccese 10.4 Refund in the Event of Termination After Occupane’ 10.4.1 Processing Fee... aaa 10.4.2 Amortization of Entrance Fee ‘and Return 10.4.3 Other Amounts Retained .........ccseeser 10.5 Timing of Refund Payment in the Event of Termination After Occupancy, 10.6 Non-reimbursable Amoumtts.............:008 10.7 General Provisions for Refunds to Couples 10.8 Non-Refundability of Payments for Alterations 10.9 Making Refunds Payable to Third Parties... 10.10 Continued Payment of Monthly Charges... RESIDENT AFFAIRS AND EFFECTS 11.1 Resident’s Personal Obligations ... 11.2 Durable Power of Attorney, POLST an 11.3 Application for Guardianship ...........cccsecseesseeecneeseessesee 11.4 Relocation of Personal Property; Restoration of Apartment RESPECTIVE RIGHTS OF RESIDENT AND SPONSOR. 12.1 Agreements with Other Residents ... 12.2 Policies of the Community and Resident ‘Handbook. 12.3. No Lease of Apartment or Assignment of This Agreement . 30 12.4 Resident Council 12.5 Resident’s Rights MISCELLANEOUS .........cecseeseessessteee 13.1 Your Liability Claims Against Third Partie: 13.2 Your Personal Property and Liability Insurance Respons: 13.3 Interruption in Services. 13.4 Your Liability for Injury or Damage 13.5 Motorized Assistive Devices 13.6 Pets ..cccsecseeseessessscsserseesersees 13.7 Tax Matters... 13.8 Review of Disclosure Statement 13.9 Notices .....sccsserssesssneecresssersseees Lifespace-Traditional 1-1-2016 Exhibit A13.10 Entire Agreement 13.11 Continuing Obligation: 13.12 Severability... 13.13 Waiver of One Breach Not a Waiver of Any Othe: 13.14 Sponsor’s Right to Contract. 13.15 Assignment By Sponsor... 13.16 Counterparts and Signature. 13.17 Subordination.. 13.18 Temporary Evacuation Due to Natural Disaster.. 13.19 Use of Your Apartment in an Emergency ...... 13.20 Use and Disclosure of Personal Information; Authorization to Discuss Health Information ......ssscsssecssecserseeseessssssssessceasenesaessnesseesnsarsaneenenneees 34 13.21 Resident’s Representations 13.22 Changed Circumstances... 13.23 Misrepresentation or Omission. 13.24 Confirmation of Receipt of a Copy of the Residency Agreement 13.25 Confirmation of Receipt of a Copy of the Entrance Fee Receipt 13.26 Dispute Resolution Procedures. 13.26,1 NegotiationS.........0008 35 13.26.2 Mediation.............. 35 13.26.3 Binding Arbitration .. 36 13.26.4 Binding Arbitration Procedur 36 13.26.5 Litigation .. FLORIDA STATUTE 651 REQUIRED NOTICE .......:ccceseeseesseseeeeeceesneneeseesenane eee 38 SIGNATURE PAGE o.....cccccceceesecs sees cn ee scene eee eeeee ee eeee nee sane eeeaneseteneeteneetaeeeee 39 GLOSSARY ADDENDUM A SUMMARY SHEET APPENDIX A. RECEIPT OF ENTRANCE FEE FUNDS vi Lifespace-Traditional 1-1-2016 Exhibit ALIFESPACE COMMUNITIES, INC. ABBEY DELRAY SOUTH RESIDENCY AND CARE AGREEMENT This Residency and Care Agreement is made by and between Lifespace Communities, Inc. ("Sponsor") and Patricia Woodburn _("you" or "Resident") and, if applicable, the person who provided the transfer of property or funds for your care and has executed this Agreement in this capacity, ("Payor"). If more than one person is signing this Agreement as a resident, these terms refer to each of you individually, and to both of you together, and the rights and obligations of each of you are joint and several, except as the context of this Agreement otherwise requires. INTRODUCTION This Residency and Care Agreement (“Agreement”) is entered into by Lifespace Communities, Inc., an’ Iowa not-for-profit corporation whose address is 100 E. Grand Ave., Suite 200, Des Moines, Iowa, 50309, (“Sponsor,” “we,” “us,” or “our”), concerning the provision of a Life Care Agreement at its community, Abbey Delray South (“Community”) and the person(s) identified in Addendum A as “Resident.” Community is a continuing care retirement community located in Delray Beach, Florida, whose purpose is to provide individuals who are sixty-two (62) years of age and older a way of living, commonly referred to as life care or continuing care (as it is defined by Section 651.011, Florida Statutes). The Community is operated on a nonprofit basis to satisfy the primary needs of the senior population: the need for specially designed housing, the need for residential care, the need for health care, and the need for financial security. As a life care retirement community, we provide a continuum of care and services to a resident for life, even if, through no fault of the resident, he or she becomes financially unable to pay the monthly fees. These fees will be subsidized by the Community and you will have the same access to services with no interruption in the care you receive or change in priority status Sponsor and Community are not affiliated with any religious or proprietary (privately owned) organizations. Sponsor is affiliated with the following 501(c)(3) tax exempt, nonprofit organizations: The Lifespace Foundation, Deerfield Retirement Community, Inc., Lifespace DG, LLC, Lifespace, Inc., Lifespace Management, Inc., and Lifespace Services, Inc. No affiliate organization is responsible for the financial and contractual obligations of the Sponsor or the Community. Sponsor (and the Community) and its affiliated entities are exempt from payment of Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Sponsor is solely responsible for operation of the Community and for performance of this Agreement. Sponsor owns and operates other life care retirement communities (such communities are not separate legal entities, but are part of Lifespace Communities, Inc.): Abbey Delray (Delray Beach, FL), Abbey Delray South (Delray Beach, FL), Beacon Hill (Lombard, IL), Claridge Court (Prairie Village, KS), Friendship Village of Bloomington (Bloomington, MN), Friendship Village of South Hills (Upper St. Clair, PA), Grand Lodge at the Preserve 1 Lifespace-Traditional 1-1-2016 Exhibit A(Lincoln, NB), Harbour’s Edge (Delray Beach FL), The Waterford (Juno Beach FL) and Village on the Green (Longwood FL). Sponsor provides quality residential housing for seniors along with a wide array of features, items and amenities outlined in this Agreement. Subject to the conditions contained in this Agreement, we agree to make available to you the residential living apartment (hereafter “Apartment”) described in Addendum A. The Community is designed to offer an environment that enriches your life. The objective of Sponsor and the Community is to offer a lifestyle with services and programs based on your interests that will compliment or augment your current lifestyle and well-being. The design of the Community allows for creative and healthy lifestyle activities in a comfortable environment. In addition, there are health care benefits and convenient access to health care as further described in this Agreement if needed. As a Resident of a life care retirement community, you are offered lifetime use of an Apartment, support services, and health care in an on-site Health Center as herein described. After you utilize all Medicare and supplemental insurance benefits, if applicable, you will receive health care as provided by our Health Center at the rate set forth in this Agreement, as the same may be adjusted from time to time. Prior to signing this Agreement, you signed a reservation agreement (“Reservation Agreement”) and made a reservation deposit in the amount of ten percent (10%) of your Entrance Fee to reserve the Apartment identified in Addendum A at the Community. If there is any conflict or inconsistency between this Agreement and the Reservation Agreement, this Agreement supersedes the Reservation Agreement. As is the Reservation Agreement, this Agreement is subject to applicable provisions of Florida law. As a condition to your occupancy of the Apartment, you are required to meet our eligibility requirements, including without limitation, the health and financial conditions of acceptance into the Community and to otherwise comply with the requirements of Section 1 of this Agreement. The purpose of this Residency and Care Agreement is to set forth your rights and duties as a Resident of the Community and to delineate the features, items and amenities to be provided at the Community. This Agreement shall take effect on the date that it has been signed by both parties (this date is found on the signature page and is referred to as the Agreement Date) and will be in effect for the rest of your life, unless this Agreement is terminated as provided in Section 9 hereof. 1. ELIGIBILITY AND ACCEPTANCE FOR RESIDENCY. If you are reviewing this Agreement in the time period before you sign this Agreement, you may have questions about the application and acceptance process. Our obligations to provide certain features, 2 Lifespace-Traditional 1-1-2016 Exhibit Aitems, and amenities hereunder are conditioned upon our acceptance of Resident for residency at the Community in accordance with this section. The decision to accept a Resident for residency at the Community is within our sole discretion subject to applicable law. 1.1. Requirements for Acceptance for Residency. 1.1.1. Application. Before you are accepted for residency at the Community, you will complete and submit certain application forms. You hereby certify to us that all information reflected in your Application, including all personal financial information, is complete and accurate. Your Application is hereby incorporated into and made a part of this Agreement. 1.1.2. Medical Examination. In addition to the Application, you may be required to complete a physical examination and provide us a confidential medical history and medical records to assure that you satisfy the health and safety requirements described in Section 1.1.4. 1.1.3. Age. To be accepted for residency at the Community, you must generally be at least sixty-two (62) years of age on or before the date of Occupancy or be applying for residency with a person who is or will be sixty-two (62) years of age or older at the time of Occupancy. 1.1.4. Health and Safety. To be accepted for residency at the Community, you must be free of dangerous or contagious diseases and be able to reside in your Apartment (with or without reasonable accommodation or reasonable modification). The level of treatment, care, or supervision that you require must not exceed that which the Community is licensed to provide or provides in the ordinary course of its business. Your residency at the Community must not present a threat to your health or safety or to the health, safety, or well-being of other residents or staff of the Community or be likely to result in substantial physical damage to the property of others. 1.1.5. Financial Status: To be accepted for residency at the Community, you must provide financial documentation indicating, to Sponsor’s satisfaction, the ability to pay the Entrance Fee and the Monthly Charges during the term of this Agreement. 1.2. Notification of Decisions. Within thirty (30) days of your satisfaction of all of the requirements set forth in Section 1.1, we shall notify you of our decision concerning your acceptance for residency at the Community. If you are not accepted for residency at the Community, we will promptly refund your Reservation Deposit to you, and the parties shall have no further obligations to one another under the Reservation Agreement, or this Agreement, as applicable. Lifespace-Traditional 1-1-2016 Exhibit A1.3. Conditioned Upon No Material Changes Prior to Occupancy. As a condition to your acceptance for residency at the Community, there shall be no material change in the information in your Application prior to your Occupancy. In the event of any material changes prior to the Occupancy to the health and financial conditions that we may require for residency set forth in Section 1.1, we may revoke our acceptance of you for residency at the Community at any time prior to the Occupancy by written notification to you, and your Reservation Deposit shall be refunded to you within thirty (30) days. 1.4. Duties of Resident to Notify Provider. You acknowledge and agree that we have relied on all the information contained in your Application and on your confidential medical history and medical examination, if applicable, to make our decision regarding your acceptance for residency at the Community. Any misrepresentation or omission by you shall render this Agreement null and void at our option. You agree to notify us prior to the Occupancy of any material change in any of the matters covered by, or reflected on, the Application or, if applicable, the confidential medical history and medical exam. 1.5. Occupancy. You are required to take Occupancy of the Apartment within ninety (90) days of your signing the Reservation Agreement. 2. LIVING ACCOMMODATIONS 2.1 Apartment. You have selected the Apartment described in Addendum A in which to live ("Apartment"). You will have a personal and non-assignable right to live in your Apartment, subject to the terms of this Agreement, and the rules, Policies of the Community, as outlined in the Resident Handbook and as otherwise issued by the Community, as amended from time to time, in Sponsor’s discretion. (See Appendix A, Disclosure Statement which contains a current copy of the Resident Handbook.), 2.2 Furnishings. Your Apartment is furnished with appliances and floor coverings as determined by the Community. We assume that you wish to provide your own furnishings for your Apartment (other than those listed here). You may decorate your Apartment in accordance with your own individual tastes and preferences. However, decorations and all other modifications that would affect the exterior appearance of your Apartment require Sponsor’s prior written approval. If, after taking possession of your Apartment, you wish to re-carpet or paint the interior of your Apartment, you may do so at your own expense and subject to Section 2.3 below. You are at liberty to use your own furniture, minor appliances and special equipment, provided that the safety standards of the Community are met. (See the Resident Handbook). You agree, at Sponsor’s request and at your cost, to remove any furnishings, minor appliances and special equipment from your Apartment that do not meet the Community standards. You or your estate will be responsible for removing, at your or your estate’s cost, all such furniture, appliances, decorations, personal items and special equipment when your Apartment is vacated. Lifespace-Traditional 1-1-2016 Exhibit A2.3 Alterations. Sponsor may make any alterations, additions, improvements, replacements, or repairs to your Apartment at any time to meet legal requirements, Community needs, or as necessary in the judgment of Sponsor. Also, Sponsor may make any alteration to the Community it deems appropriate. You may not make any structural modification to your Apartment or the Community. You may make nonstructural alterations, additions or improvements (collectively referred to as alterations) to your Apartment, provided you obtain prior written consent from Sponsor. For any alteration, you agree that: (i) such work will be performed by Sponsor or under its direction if the Sponsor agrees in its sole discretion to permit; (ii) you will bear the costs of all labor, materials, plans, permits, approval, and incidental expenses necessary to make such alternations; (iii) you will carry sufficient insurance coverage to protect against all possible liabilities involved in the alteration and (iv) all such work shall be performed diligently and in a first-class, workmanlike and lien-free manner. If the alterations are other than Sponsor's standard upgrade, you or your estate must pay, upon signing the Approved Alterations Agreement the charge for restoring your Apartment to its original condition upon termination of your occupancy of your Apartment for any reason, unless waived by Sponsor. The costs related to an alteration shall be deemed a Miscellaneous Expense hereunder. 2.4 Use of Apartment. The Apartment is for living only and shall not be used for carrying on any business or profession, nor in any manner in violation of zoning restrictions. This Agreement is not a lease, and entitles you only to the lifetime use of the Apartment and other amenities of the Community and to available services, subject to the terms and conditions of this Agreement. 2.5 Occupants of Apartment. Except as hereinafter provided, no person other than you (or both of you if there are two of you) may occupy the Apartment except with our express written approval. In the event that a second person who is not a party to this Agreement (including a spouse) wishes to be accepted for residency under this Agreement, after the date we execute this Agreement, said second person’s acceptance will be based upon our then-current Residency Policy. If accepted, payment of the then-current second person fee and additional Monthly Fees for second persons shall be due. If such second person does not meet the requirements for residency, such second person will not be permitted to occupy the Apartment for more than thirty (30) days as a guest in accordance with Section 2.7 (except with our express written approval). 2.6 Emergency Entry and Relocation. We may enter your Apartment should it be necessary in an emergency to protect your health or safety, the health or safety of others or to protect Sponsor’s or other residents’ property. Should it be necessary to modify facilities to meet the requirements of any applicable law or regulation which necessitate temporarily vacating your Apartment, we will provide alternate facilities for you without Extra Charge within or outside the Community. Further, if relocation is recommended by the Medical Director or your attending physician, we will request that you relocate to another Apartment within the Community or the Community Health Center for the protection of your health or safety or for the health and safety of others. 5 Lifespace-Traditional 1-1-2016 Exhibit A2.7 Guests. A guest may stay with you in your Apartment for up to thirty consecutive days without prior Sponsor approval. Any stays longer than thirty consecutive days require prior Sponsor approval. Guests may not stay in your Apartment when you are not present, unless you obtain prior written approval from Sponsor. In no case shall any guest stay exceed fifty (50) days (consecutive or not) in a calendar year. Sponsor will provide your family and other guests with opportunities to visit and participate in activities at the Community, if you desire. All guests must abide by all applicable rules contained in the Resident Handbook. If your guest exceeds the limitations on the length of stay, he or she must apply and qualify for residency at the Community. (See Section 1) You will be responsible for assuring that your guests abide by these rules and are not disruptive. Your guests may be denied access to the Community if they fail to observe the rules as determined by Sponsor. From time to time, subject to availability, Sponsor may offer guest rooms at the Community for an additional charge. Any Personal Service Provider providing services to you are not considered guests and are not entitled to the same privileges as guests. (See Section 2.8) 2.8 Personal Service Providers. You may arrange for Personal Service Providers to provide services in your Apartment provided that: (i) such care or delivery of service is consistent with all applicable laws, including Florida laws and regulations pertaining to the service being provided; (ii) you accept full responsibility for the cost of such services; and (iii) you and the Personal Service Provider agree in writing to adhere to and actually do comply with the Community's Personal Service Provider Manual and this Section 2.8. You understand and agree that Sponsor shall not be liable for any loss, damage, or injury to you, another resident of the Community, or any other person caused by the Personal Service Provider; (vi) you agree to indemnify and hold harmless Sponsor for any loss, damage or injury to you, Sponsor or Sponsor’s employees, agents or visitors, another resident, or any other person or property caused by the Personal Service Provider. 2.9 Your Responsibilities With Respect to Your Apartment. You agree to keep your Apartment in a clean and orderly condition. You agree to use and occupy your Apartment solely as your home and to maintain it in compliance with all applicable governmental requirements, including all public health and police regulations. You agree not to: (i) permit another person to reside in your Apartment without the prior approval of Sponsor; (i) use or operate any equipment or machinery or engage in any conduct that may cause loss or damage to the Community, may harm residents or staff, or is disturbing to other residents or the effective administration of the Community; (iii) engage in any commercial activity at the Community; (iv) employ any person in or about your Apartment whose employment or presence may create a liability on the part of Sponsor; or (v) hire any of the Community's employees for any purpose without the written consent of Sponsor. 2.10 Damage to Your Apartment or the Community. Sponsor will maintain insurance on the Community, including property damage and business interruption insurance, in amounts and with coverages it shall determine in its reasonable discretion. 6 Lifespace-Traditional 1-1-2016 Exhibit AIf all or part of the Community is destroyed or damaged by fire, natural disaster, or other loss and, in Sponsor's reasonable discretion, the insurance proceeds are sufficient to rebuild the Community to its previous condition, Sponsor will proceed to have the Community restored unless then-existing laws or other circumstances would not permit prompt reconstruction and restoration or other circumstances make reconstruction and restoration not feasible. If Sponsor proceeds to restore the Community, it will restore affected units only with the standard fixtures and floor plans for such units, unless otherwise agreed in writing. If Sponsor proceeds to restore the Community and your Apartment is not suitable for occupancy during such restoration, Sponsor will pay, and include in the costs of operating the Community, the costs of renting reasonably comparable quarters at or near the Community, provided you continue to pay your Monthly Fee. During the period of restoration, Sponsor will use all reasonable efforts to find suitable housing for such period, but if no such housing can be procured by Sponsor despite such efforts, the responsibility for locating such housing will be yours. Sponsor cannot guarantee that such temporary alternative accommodations will be located at or near the Community or near any other residents of the Community. Throughout such time and to the extent reasonably practicable, Sponsor will continue to furnish you or arrange for you to be furnished with the services that it has agreed to provide to you under this Agreement or with appropriate substitutes. You will continue to be responsible for the payment of your Monthly Fee if temporary accommodations and services are being provided to you. If the casualty insurance proceeds are insufficient to restore the premises or Sponsor determines not to or is otherwise unable to rebuild the Community for any other reason, Sponsor may terminate this Agreement. (See Section 9.6.3) In that case, you shall receive a refund of your Entrance Fee in accordance with Section 10,4 and 10.5 regardless of the availability of insurance proceeds. 241 Right of Entry; Licensure. Sponsor and its agents will have the right, upon reasonable notice where practicable, to enter your Apartment to perform services, make repairs, display your Apartment to prospective residents (for example, if you have given Sponsor a notice of termination), and for all other lawful purposes. In addition, because the Community is licensed as a continuing care community and has a licensed skilled nursing center, it may be necessary for a representative of the State of Florida to enter and inspect the Community and your Apartment, without advance notice. Sponsor will make reasonable efforts to preserve your privacy in your Apartment. 3. COMMUNITY FACILITIES. You will be entitled to share with all other residents the use of the grounds and common facilities at the Community subject to the rules and regulations of the Community, as outlined in the Resident Handbook. Common facilities currently available to residents include a main dining room, arts and/or crafts or hobby room, salon and spa, lounges, meeting rooms, a library, and other areas at the Community. Sponsor may eliminate, modify or expand common facilities at the Community at its sole discretion, Lifespace-Traditional 1-1-2016 Exhibit A4, AMENITIES. 4.1. Basic Amenities. The following amenities will be provided to you by Sponsor for as long as you reside in your Apartment and are covered by your Monthly Fee. Sponsor strives to be responsive to the needs and desires of residents concerning the amenities provided at the Community. Accordingly, the nature and scope of basic amenities offered at the Community may be changed by Sponsor upon sixty (60) days’ written notice to you. Also, Provider may increase or decrease your Monthly Fee from time to time upon sixty (60) days advanced written notice to you. A schedule of the changes in the Monthly Fee for the prior five years is included in our Disclosure Statement accompanying this Agreement. 4.1.1. Dining. One meal per day in the dining areas designated for this purpose by the Community. Occasional tray service to your apartment and modified diet consultation when ordered by the medical director or director of nursing services due to a temporary illness or incapacity is also included. Sponsor may in its sole discretion provide the one meal per day or the equivalent through other dining options, such as a monthly dining allocation; 4.1.2. Housekeeping and Laundry. Standard light housekeeping services will be provided to your Apartment on a scheduled basis per Community policy, which include flat linen service. 4.1.3. Programs and Activities. Sponsor offers various social, educational, spiritual, cultural, fitness and recreational programs and activities at and away from the Community, some of which may involve an extra charge. These programs and activities are offered with the expectation that some of them may meet the diverse interests of our residents. You are welcome to participate in these activities as you wish. The programs and activities may change from time to time. 4.1.4. Maintenance. Sponsor will provide routine and preventative maintenance and repairs to your Apartment. Sponsor will also maintain all Community buildings, common areas and grounds. Your Monthly Fee does not include the cost of maintenance and repairs of your Apartment made necessary due to your or your guests, employees or other hired by you actions or inactions, including stains and odors. Any such costs will be charged to you separately. You are also responsible for maintaining or arranging for the repair and maintenance of your personal property. 4.1.5. Transportation. Scheduled group transportation will be provided to local destinations as determined by Sponsor and scheduled transportation to your appointments with professionals offering medical, dental and other health care services within the local area and within designated times. Transportation may be on a shared ride basis. Lifespace-Traditional 1-1-2016 Exhibit A4.1.6. Fire Protection. Your Apartment is equipped with a smoke detector. 4.1.7. Emergency Call System. Your Apartment is equipped with an emergency call system which shall be monitored by Community staff. 4.1.8. Utilities and Insurance. Electricity, water, sewer, trash/garbage removal, heating and air conditioning, liability and casualty insurance for Community common areas and basic cable television services. 4.1.9. Real Estate Taxes/Homestead Exemption. Sponsor will annually estimate the real estate taxes, special taxes and assessments, and any other taxes that it believes may be levied against the Community by the city, county and state in which the Community is located. Those taxes will be included in the costs of operating the Community that are paid from the monthly fees, but you will not receive a separate resident tax bill. 4.1.10. Miscellaneous Fees. Some of our communities pay as part of the Monthly Fee additional costs incurred by the community to provide other benefits to the residents, such as membership in a local home owners association. Please see the Resident Handbook for further information. 4.2. Optional Amenities. The following optional amenities may be provided to you, at your request, for an additional charge for as long as you reside in your Apartment or until you request to stop the provision of such amenities. A current Schedule of Fees of Optional Amenities is included in the Disclosure Statement. The nature and scope of additional amenities and the fees for same may be adjusted from time to time at the election of Sponsor, upon sixty (60) days’ written notice to you. Certain additional amenities for extra charge will also be available to you while you are in the Community Health Center. 4.2.1. Outpatient clinic services on-site for walk-ins and scheduled appointments during regularly scheduled hours as may be offered by the Community (some of our communities do not offer this optional amenity) and subject to a fee schedule. 4.2.2, Additional transportation to nearby medical appointments; 4.2.3. Meals, food, and beverage services in excess of the one daily meal; 4.2.4, Special diets, ordered by a physician as a medical necessity. 4.2.5. Limited tray service to your Apartment when approved by the Health Center staff for a period of time in excess of a temporary illness. 4.2.6, Special events scheduled by you; 9 Lifespace-Traditional 1-1-2016 Exhibit A4.2.7, Additional housekeeping services; 4.2.8. Additional laundry services; 4.2.9. Additional maintenance services in your Apartment; 4.2.10. Guest rooms — if available; 4.2.11. Special activities and programs; 4.2.12. Valet parking services for private functions. 4.2.13. Other services that may be provided from time to time 5. HEALTH CENTER AND OTHER CARE. 5.1. The Health Center. Sponsor has no obligation or responsibility for monitoring your physical or mental health while you reside in your Apartment. Upon receipt of documentation of medical necessity and upon execution of a separate Health Center Admission Agreement, Sponsor will provide routine levels of supportive and restorative basic skilled nursing care to you in the Health Center. Such services -shall include assistance with daily activities such as bathing, dressing, and grooming as well as administration of medications, care planning, skin and wound care, incontinence care, arranging for diagnostic and therapeutic services, and dietary services. We will not provide health services (a) to the extent not authorized by our license from the state of Florida, (b) if we are not staffed or equipped to provide required services, (c) that we do not routinely provide, or as further set forth in Section 5.2. and Section 6.3.9 5.2. Health Center Admission Determination. Decisions regarding your need for care which require your transfer from your Apartment to the Community Health Center will be made in the reasonable discretion of the Sponsor following a care meeting with you or your designated health care representative, the Community health care team and your attending physician (if you have one). If it is determined by the Sponsor that health center care be given, resident agrees to relocate to the Community Health Center. You acknowledge and agree that, from time to time, Sponsor may conduct assessments of your condition and care needs so that Sponsor can make these decisions, however Sponsor is under no obligation to do so. Sponsor may transfer you to the Community Health Center or to an outside facility if, in the judgment of Sponsor, through the Community health care team, any of the following circumstances exist: (1) you require a level of care that can no longer be provided in your current location and may be provided more safely, effectively or efficiently at a location other than in your current location within the Community; (2) your condition or needs requires your transfer to a hospital, dementia care facility, psychiatric facility or other facility, and the Community does not have such facilities available to provide that level of care. (3) you require care 10 Lifespace-Traditional 1-1-2016 Exhibit Athat may not lawfully be provided in your current location within the Community; (4) you require care that Sponsor does not routinely provide in your location within the Community; (5) you engage in conduct or have a condition that interferes with the peaceful lodging of residents or the administration of the Community, or endangers Community property or the property or health of other residents or staff; or (6) you develop a physical or mental condition that endangers your health, safety, or well-being or that of another person or causes an unreasonable and ongoing disturbance at the Community. 5,3. Priority Access to the Community Health Center. You will receive first priority access to the Health Center over non-residents. Priority for admission to the Health Center among residents will be established upon a first-in-time basis with respect to each type of unit in the Health Center. You agree to move promptly to the Health Center upon Sponsor's notice that a room at the Health Center is available. 5.4, Medical Director and Attending Physician. Sponsor is required by law to designate a licensed physician to act as medical director of the Community Health Center. The medical director is not an employee of Sponsor. You may engage the services of the medical director or the services of a physician of your choice. We will not be responsible for the cost of medical treatment by physicians chosen by you or for the cost of medical treatment by the medical director, nor will we be responsible for the cost of medication, prescribed therapy, and the like. In the event we incur or advance costs for your medical treatment or for medication, prescribed therapy, and the like (even though such medical care is given at the direction of your attending physician or the medical director without your prior approval), you will reimburse us for such costs. 5.5. Health Center Accommodations. Nursing care will be provided in semi-private health center accommodations. If available, private health center accommodations may be selected for an extra charge. However, at our sole discretion, if the private room in which you are residing is needed for semi-private use and providing your use of the private room is not medically necessary, you agree to reside in a semi-private room until a private room is once again available. 5.6. Alternate Accommodations. You shall be given priority over non-residents for admission to the Health Center. In the unlikely event the Community Health Center is fully occupied, you agree to relocate to an alternate health care facility with which we have agreements to provide nursing care. You will have first priority over non-residents for admission to the Health Center at the Community when space becomes available. 5.7. Specialized Rehabilitative Services. At your request, Sponsor will assist you in obtaining specialized rehabilitative services from rehabilitative providers, such as physical therapy, occupational therapy, speech therapy, and audiology. Such care shall be at your sole expense. 11 Lifespace-Traditional 1-1-2016 Exhibit A5.8. Emergency Care. In the event Sponsor becomes aware of an emergency, a staff member will respond and contact "911" emergency services if the staff member deems it appropriate. Sponsor will attempt to contact your personal physician, but if this is not practical, take any other action that it deems appropriate under the circumstances. Please refer to the Resident Handbook for further information on emergency care provided within your Community. Emergency Services provided by an external party will be at your sole expense. 5.9. Care Away From the Community. Sponsor shall have full authority and right to transfer you from the Community for hospitalization or other health-related services without obtaining your consent, if the Sponsor and the Medical Director determines that: (1) the Community does not have adequate facilities or staff to provide the care you need; (2) your continued stay in the Community constitutes a danger or heaith hazard to you or other residents, or is detrimental to the peace or security of other residents; or (3) any cause for transfer set forth in Sections 5.2 exist or to enable you to receive services not provided by the Community as set forth in 6.3.9 exist. If you are transferred from the Community under this Section 5.9, you will be responsible for all fees resulting from the transfer. 5.10. Under Age Sixty-Two (62). If you are under age sixty-two (62) when you occupy an Apartment under this Agreement, you shall be entitled to care offered in the Community Health Center. However, you will be charged the then-current per diem rate being charged to non-residents until you attain the age of sixty-two (62). After attaining the age of sixty-two (62) you may be eligible to receive Life Care. Eligibility will be determined in accordance with the eligibility and application requirements in effect at the time your turn sixty-two and file your application. 6. FEES. Occupancy of your Apartment, use of the accommodations in the Community, and the right to receive the services described in this Agreement are contingent upon your payment of the fees stated below. 6.1. Entrance Fee. 6.1.1. Entrance Fee Amount. You agree to pay the sum set forth in Addendum A (collectively, the “Entrance Fee”). The Entrance Fee includes a five percent processing fee (“Processing Fee”) which Processing Fee is refundable only when this Agreement is cancelled or terminated in accordance with Sections 9.1 and 9.2. Under all other circumstances, including termination for any reason or transfer to another apartment or level of care, the Processing Fee is retained by Sponsor. 6.1.2. Deposit. You have already paid Sponsor the Reservation Deposit stated in Addendum A as a deposit toward your Entrance Fee when you signed a Reservation Agreement. The deposit will be applied against the Entrance Fee. Also, if you paid a wait list deposit to place your name on the Community’s wait list, then that wait list deposit will be applied against the Entrance Fee. 12 Lifespace-Traditional 1-1-2016 Exhibit A6.1.3. Balance of Entrance Fee. The balance of your Entrance Fee, as set forth in Addendum A is due at Closing. You will sign this Agreement at Closing and Sponsor shall sign thereafter. The Florida statutory rescission period shall commence upon the signing of this Agreement by both parties, as further described in Section 9,1. As described in Sections 9 and 10, you may be entitled to a partial repayment of your Entrance Fee upon termination of this Agreement. The Entrance Fee may not be increased or changed during the duration of this Agreement, except for changes required by state or federal assistance programs, or if you request a transfer to another apartment that has a different entrance fee than your Apartment. 6.1.4. Escrow of Reservation Funds. All funds received from you as part of your Reservation Agreement may be deposited in an escrow account or if requested by you, we will hold your check for your res