Motorized Vehicle Addendum

THIS MOTORIZED VEHICLE ADDENDUM (“Motorized Vehicle Agreement”) is made, by and between, Dennis Dubay, (“Resident,” “your” or “you”) and Legacy Savannah Quarters (“Community,” “we” or “us”).

In consideration for the Motorized Scooter/Wheelchair Maintenance Fee, Community agrees that the Resident shall be entitled to operate a motorized vehicle in the Community, so long as the Agreement remains in effect, upon the following terms and conditions:

Any Resident who wishes to operate an electric wheelchair, motorized cart or similar device (a “Motorized Vehicle”) at the Community must first apply for and receive a permit from the Community (the “Permit”).  The Rules governing Permits for Motorized Vehicle are designed to protect residents, guests and staff.

1. In order to receive a Permit, the Resident must obtain and submit to the Executive Director a written statement by a physician indicating that Resident’s use of a Motorized Vehicle is a medical necessity.
2. The Community may, at any time, revoke or restrict a Resident’s Permit if the Resident fails to follow or becomes incapable of following the rules regarding operation of the Motorized Vehicle.
3. No Motorized Vehicle shall be operated in the Community at a speed that exceeds a normal walking pace.
4. If the Resident’s medical condition requires that the Resident use the Motorized Vehicle to enter the dining room, the Resident must operate the Motorized Vehicle at the lowest possible speed and then transfer to a dining chair for the meal.  For the safety of residents and staff, staff will park the Motorized Vehicle in the dining room foyer during the meal.  Community will consider modifications of this Rule if the Resident’s medical condition precludes transfer to a chair.
5. The Motorized Vehicle must be operated all times in a safe manner and with due care to avoid causing personal injury or property damage.  The Resident must be particularly careful to avoid persons who are entering or leaving their apartments.
6. The Motorized Vehicle should be driving in the center of the hallway(s). The Resident must stop at all intersections, look both ways and make sure the intersection is clear before proceeding.
7. The Motorized Vehicle must not be left unattended near any entrances, exits or intersections.  When the Resident retires to his or her Premises, the Motorized Vehicle shall be brought inside the Premises.
8. Community shall require proof of liability insurance in the amount of Five Hundred Thousand Dollars ($500,000.00) naming Legacy Savannah Quarters, LLC as an additional insured.  In addition to this agreement, the Resident shall be assessed a one-time non-refundable motorized vehicle maintenance fee of Five Hundred Dollars ($500.00).
9. Personal Injury and Property Damage Waiver and Release of Liability. In consideration for Community’s execution of the Motorized Vehicle Addendum, Resident hereby assumes all responsibility and liability and voluntarily releases and agrees to indemnify and defend Community, including but not limited to its owners, managers, members, officers, directors, agents, employees and representatives, from any and all claims of any kind that Resident may have, or that any person or entity may bring against Resident and/or Community for injury, death or property damage arising out of or related to Resident’s operation of the Motorized Vehicle.  This waiver, release and indemnity shall be binding upon Resident’s heirs and personal representatives.

Resident acknowledges that he or she has carefully reviewed this document and fully understands its terms. Resident understands that by signing this document, he or she is voluntarily and knowingly relinquishing and/or waiving legal remedies which might otherwise be available.

IN WITNESS WHEREOF, the parties hereto have executed this Motorized Vehicle Addendum as of the date first set forth above.