The Rose House

RESIDENCY AGREEMENT

This Residency Agreement (Agreement) is entered into as of ______________, ____ by and between The Rose House, 673 Spring Creek Road, Branson, Missouri 65616, a Missouri Limited Liability Company, (Rose House), and _______________________, an individual as well as their "Responsible Family Member", collectively, called the (The Resident).  

WHEREAS, Resident has submitted an Application to establish their Primary Residence at Apartment # _____ , and Rose House has approved The Resident for Month-to-Month Tenant Occupancy,  NOW, Therefore, in consideration of the agreements and matters set out below, and in reliance upon the representations made in the Application, the parties agree as follows:

I.  Services & Accommodations

A. Basic Services

 Residents will be entitled to the following Basic Services:

v    Accommodations – The Resident is entitled to the exclusive use of the Apartment stipulated above and to the use of Rose House’s personal property located in the Apartment.   Residents are encouraged to bring their own furniture and furnishings including all linens. All items provided by the Resident shall be maintained and   insured by The Resident. 

 v    The Residents shall entitled to use and enjoy, in common with all other residents the common areas of Rose House, excepting that the Commercial Kitchen and the Commercial Laundry shall not be considered to be Common Areas.  The Resident will not be allowed access or use of these areas except with the specific permission of Rose House Staff.

v    Daily Meals –Rose House will provide three home cooked meals daily. Snacks will be available 24 hours a day.   The meals will be served in the Dining Room within The Rose House Common Area.  The Resident’s Apartment will include a refrigerator & microwave for the Resident’s convenience. On a limited basis,  meals may be delivered to The Resident’s Apartment at no extra cost.

v      Utility Service – The Resident’s monthly Residency Charge at Rose House will include:

• Electricity
• Air Conditioning
• Water
• Cable Television
• Telephone services
• Internet services
• Trash Pickup
• Light Bulb/Filter Replacement
• Appliance Maintance

v    Weekly Housekeeping Service – The Rose House Staff will clean The Residents Apartment on a weekly basis. 

v    Life Enrichment Program – Rose House will provide planned & supervised social, educational, religious, and recreational programs.  Scheduled shopping trips within the immediate community will also be provided.

v    Security – Every apartment suite is equipped with a state of the art, individually controlled, “emergency call system” including a “personal pendant” to wear. The Resident will be permitted to configure the “emergency dialer” to meet their unique assistance needs.

v    Parking – Rose House provides a parking area for Resident use.  The car must be licensed, insured, and in good maintenance (no oil leaks).  You will need to provide vehicle information & a copy of current insurance coverage, as well as a copy of your driver’s license before residency at Rose House. 

v    Transportation – Rose House will provides limited transportation to planned & supervised social, religious, special events, and shopping trips as scheduled.  Limited Medical & Dental transportation will be provided within the Branson city limits.  Rose House will, however, help facilitate appointments for medical & dental transportation outside of the area, if required.

v   Care Services –  Care services are available from a number of “Service Agencies” in the area.  The Rose House will provide the Resident assistance in contacting appropriate providers.

v   Outside Services – Rose House is supportive of hospice & family support services.  However, Rose House does not provide or fund these services.

v   Laundry Services  - Rose House Staff provides both "flat ware" and "personal" laundry weekly or as needed.

B.  Services not covered by Residency Agreement

You are responsible for obtaining and paying for all services, which are not included in the Lease Agreement (including, but not limited to, the services of “third party care and medical providers”.  These services may include, but are not limited to, pharmacy services, newspaper subscriptions, or beautician/barber services. Any fees for services provided by other service providers must be billed directly by the service provider. Third party service providers (including, but not limited to, third party care and medical providers) must meet appropriate state regulations in order to provide services at Rose House.

The Resident may not contract with any of Rose House's employees to perform any services at the residence without Rose House's consent. Rose House reserves the right to refuse entry to persons, including former employees, whose 1) actions may be disruptive to the residence; 2) actions may threaten the safety of any resident or employee; or 3) presence may foreseeably result in liability to Rose House.

II.    RESIDENT RIGHTS & REPRESENTATIONS

A. Care of Apartment

Rose House will provide routine maintenance and repairs to your Apartment and the common areas inside and outside the residence. The entire residence and grounds are continually inspected for and protected from pest problems.  Each Apartment is visited regularly.  You agree upon acceptance of Apartment that residence and the Apartment are in satisfactory, habitable condition. You also agree Rose House has made no promise to decorate, alter, or improve the residence or Apartment unless otherwise provided in writing by Rose House and attached as part of this Agreement. You agree to maintain the Apartment and to surrender the Apartment upon termination of this Agreement in good condition, exclusive of normal wear and tear. You agree to pay all damages, beyond normal wear and tear, including any improvements made without Rose House's consent, which you, your Family, and/or other Guests (including any agent, employee, contractor, or other invitee) cause to residence property.

B. Apartment Access

You agree to give Rose House access to your apartment in order to carry out the intent of this Agreement.  Such entry includes, but is not limited to, performance of services provided in your Lease Agreement; response to emergency situations; maintenance issues and entry by authorized personnel with the reasonable belief that your safety or safety of others is in question or that Rose House's policies and procedures are being violated.

C. Health Care Provider Notification

You authorize Rose House to contact legal representatives, and/or other persons listed in your records for the following purposes:

 (1) To request "service providers" to contact you and or your family to assist you in acquiring requested services.

(2) In case of an emergency. If you have a life-threatening emergency, Rose House will contact an emergency rescue service.

D. Responsibilities upon Termination  

You will give written notice thirty (30) days prior to move out.  The Apartment will be considered vacant once all belongings are removed and keys turned in.  Belongings must be removed before the effective date of termination. You will provide written notice of a forwarding address where you can be reached and receive mail.

Termination will not release you or Rose House from any liability or obligation to each other under the terms of this Agreement.  You agree to pay all costs and expenses Rose House incurs for legal advice and/or for any action or proceeding to terminate or enforce the terms of this Agreement, or to collect payment, including reasonable attorney's fees, disbursements, and court costs.

E. The Rose House License Classification

The Rose House is an independently owned, private, multi-family residence.  As such the services available at The Rose House are not intended to meet the Missouri State Statutes definition of a  “Care Facility” which would require a state issued license to operate.  The Missouri State Statutes setting forth the “service attributes” requiring a license are available at Link http://www.moga.mo.gov/statutes/c198.htm .  The essential “service attribute” is that the Rose House owner/operator must not provide a contracted service to tenant/residents that involves “24 hour protective oversight”.  Indeed this is not an aspect of the Rose House business model. Residents are encouraged to utilize their apartment residence as a means of maintaining their independence, coming and going at their personal discretion.  Meals, laundry services, cleaning, maintenance and social events are offered and encouraged but are not supervised as to participation or compliance.  Since the underlying purpose for the governing State Statute is to keep citizens free from harm, much of the regulatory review has to do with the inclusion of various “health care services” as an element of residence.  The Rose House Staff does not purposely provide any planned or billed service that a prudent person would consider to be engaging in the commercial delivery of health care services.  Accordingly to maintain this “non-regulated status”, all residents are requested to be mindful that staff personnel have been admonished not to provide resident services that are medical in nature.  There are a great many companies in the Branson area that provide almost any imaginable “care- service”.  The Rose House will be happy to give you a list of those providers about whose services we know. 

Acknowledged:  ____________, Resident/Responsible Family Member



 III. RATES

A.   Admission Fee

      Every resident shall pay a $500 Admission Fee at the time that this Agreement is signed.  This Fee is non-refundable and is required to offset RoseHouse expense and lost revenue during the transition period between previous and new resident occupancy. Accordingly a new resident having paid the "admission fee" will be allowed up to 30 days relocation time prior to  the commencement of the first Monthly Service Fee.

B.   Monthly Service Rate

1. Rate – The monthly rental fee will be $1,995. This fee will not change for twelve (12) consecutive months from the initial date of occupancy. The Residency Fee is payable by check or money order. 

   2. Refund – Rose House will refund a prorated share of the Residency Fee if this Agreement is terminated before the end of a month, only when, as, and if:

(a)   following written notice in accordance with Section III;

(b)   because the resident, at Doctor's Order relocates to a Licensed Skilled Nursing Facility

(c)  by reason of death.

  C.   Payment

Rose House will issue a monthly statement before the first day of the month Payment for all charges shown on the statement is due on the first (1^st) calendar day of each month. The first monthly payment is due on or prior to taking occupancy. If you move in after the first of the month, your monthly rate will be pro-rated. Rose House will charge a $15.00 late fee if Rose House has not received all fees within 5 days of the due date.  Rose House will also charge a $25.00 returned payment fee for each check or automatic withdrawal that is returned by a financial institution for any reason, including but not limited to, insufficient funds or incompleteness. After a financial institution returns two payments to Rose House, you will thereafter pay the Monthly Service Rate and any other amounts due by cashiers check.

D. Rate Changes

Rose House will provide thirty (30) days written notice of any  rate changes.  However, no Residency Fee Change will occur during the Residence first 12 months of residency, except with Resident's approval.

X ____________________ Resident/Responsible Family Member

(Please initial as having read and understood the above provision.)

 IV.          TERM & TERMINATION

 A.   Term

 This agreement will commence on the date set forth above and will continue until terminated as provided below.

 B.    Termination by Resident

         You may terminate this Agreement upon thirty (30) days written notice to Rose House. This Agreement terminates at the end of the notice period.

X ____________________Resident/Responsible Family Member 

(Please initial as having read and understood the above provision.)

C. Termination by Rose House

Rose House may terminate this Agreement upon providing thirty (30) days written notice to you, or your legal representative, for any of the following events, as determined by Rose House:

(1) There is compelling evidence that you are incapable of exiting the  building, when, as, and if a fire alarm were to be initiated.

(2) The safety of other individuals at the residence is endangered;

(3) The health of other individuals at the residence is endangered:

(4) You have failed, after reasonable and appropriate notice., to pay the rates and charges imposed by Rose House; or

(5) The Rose House ceases to operate.

X__________________Resident/Responsible Family Member       

(Please initial as having read and understood the above provision.)

Rose House may, upon written notice to you and if known, a family member or legal representative, immediately terminate the Agreement, or ask you to vacate for the following reasons:

 (1) The immediate safety of other individuals in the residence is deemed endangered

(2) There is compelling evidence that you are incapable of exiting the property, when, as and if a fire alarm is initiated.

 D.  Termination by Either Party

 The Resident or Rose House may terminate this Agreement immediately upon written notice in the event of Resident Death.  A termination as described in this paragraph will be effective and charges will cease after all belongings are removed from residence, and all keys are returned.

 V. Miscellaneous

A. Non-Discrimination

Rose House does not discriminate on the basis of race, religion, color, national origin, sex, age, disability, marital status, or source of payment. Rose House respects all religious faiths and does not have any specific religious affiliation.

B. Risk Agreement & Limitation of Liability

You or your legal representative(s) are responsible for your personal, financial and health care decisions. In addition, you or your legal representative are responsible for maintaining at all times your own health, personal property, liability, automobile (if applicable), and other insurance coverages. You acknowledge that Rose House is not an insurer of your person or property.

You understand and agree:

1. Rose House may encourage you to participate in community,   leisure, and social activities and to maintain an appropriate level of independence in activities of daily living, as well as your personal   and financial affairs;

2. Independent activities, responsibility for personal, financial, and health care decisions, and lifestyle and care preferences may involve risks of personal injury and/or property damage or loss;

3. The services provided by Rose House may not meet all of your personal, social, or health care needs. The Rose House will use its best efforts to assist you in arranging for services, which you require and which are not included in this Agreement.

You or your legal representative understand and agree to assume the risks inherent in this Agreement. You or your legal representative agree to hold Rose House and its employees and agents harmless for any damages or injury or other loss resulting from action of any third party, fire, or water.  Rose House will only be liable for damages, injuries or other losses if due to misconduct or negligence of Rose House.

 Rose House reserves the right to recover from you any loss caused by fire, vandalism or any other acts by you or your invitees or guests. Rose House may assign such right to its insurance carrier.

 C.   Reliance

By entering into this Agreement, Rose House is relying upon the truthfulness of the promises and   representations made by you.

D. Assignment

    Resident’s Rights under this Agreement cannot be transferred by a resident or their legal representative.  However, the rights and obligations of Rose House may be assigned to a person or entity that may wish to assume the rights and obligations of Rose House under this agreement.

 E. Amendments

This Agreement and any written amendments constitute the entire Agreement between the parties and supercede all prior and contemporaneous discussions, representations, correspondence, and agreements whether oral or written, pertaining to this Agreement. Except for the right of Rose House to modify fees, rates and charges, amend services provided and establish reasonable operating procedures and rules for the general welfare and safety of the residents, this Agreement may be amended only in writing signed by both parties.

 F. Governing Law

 This Agreement will be governed by the laws of the State of Missouri.

 G.  Modification by Force of Law

If a Court finds any term of this Agreement invalid or unenforceable by reason of law, this Agreement will be deemed amended to conform to such law and will otherwise remain in full force and effect.

 H. Landlord Tenant Agreement               

 I.  Equal Rights

Although Rose House wrote this agreement, no provision will be held against a resident or Rose House because of that fact.

J. Headings

The paragraph headings are for convenience and will not modify the meaning of the remainder of the Agreement.

K. Severance

Should any part of this Agreement be invalid, the validity of the other parts of this Agreement will not be affected.

L. Notices

 Notices will be written and given by personal delivery or mailing by regular mail, postage pre-paid to the following or such other persons or places as the parties may notify each other.

M. Guarantee's

The "Responsible Family Member" set forth below agrees to personally assure Rose House that payment for services as setforth herein will be paid.

BY THEIR SIGNATURES, the parties and their representatives have executed this Agreement:

________________________________________________________

Rose House                                            

Date                         

                    ________________________________________________________

Resident / Responsible Family Member

Date

SEND NOTICES & MONTHLY STATEMENTS TO RESIDENT IN CARE OF:

Name:_____________________________________________

Address:____________________Email___________________