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32 | [CONTINUED FROM LIC 9099-C, 1 of 2] R1 and S2 thus continued with their moving of belongings out of R1’s apartment, which continued into 04/01/2026. Subsequently, S1 and S2 gave R1, P1, and P2 and amended document ("Settlement Contract #2"), which essentially stated: If R1 paid $3,000 upfront and vacated their apartment on 04/01/2026 and then paid another $10,000 in $500 monthly installments thereafter, Licensee would waive/forgive the remainder of R1’s final balance owed (“Counteroffer #2”). Upon P1 receiving a copy of Settlement Contract #2, P1 immediately communicated to S1 and S2 that the contract was again in error (i.e., P1 said the installment balance should be $7,000 and not $10,000, as a reflection of the $3,000 cashier’s check that R1 already handed to Licensee). S1 now, for the first time, communicated to R1, P1, P2 that Counteroffer #1 was rejected, and that this Counteroffer #2 (as articulated in Settlement Contract #2) was Licensee’s last and final offer. Interviews disputed when said rejection, along with Settlement Contract #2 / Counteroffer #2, was presented to R1, P1, and P2, in practice: S1 and S2 claimed they presented such on 03/31/2026, whereas P1 and P2 claimed it was on 04/01/2026. In protest, R1 and P1 refused to sign Settlement Contract #2. R1 physically and administratively moved out of Atria Collwood on 04/01/2026.
S1 affirmed to CCLD: a) The $3,000 cashier’s check which R1 earlier handed to them was strictly given as a down-payment/security on what was expected to be a later repayment/installment plan contract. It was not a standard monthly rent payment, and S1 was supposed to return it to R1 if negotiations fell through.; and, b) Negotiations indeed ultimately fell through. Interviews of the other pertinent individuals in this case corroborated these same two truths; they are not under dispute. During his own 04/07/2026 site visit, LPA asked S1 for R1’s cashier’s check. S1 replied that it had been mailed to the Atria corporate office in Kentucky. LPA allowed S1 three (3) business days to contact the corporate office to inquire as to the status of this cashier’s check, and whether it was still returnable to R1. On 04/10/2026, S1 informed LPA that said cashier’s check was not returnable to R1. Additionally, interviews aligned to show: During R1’s move out, S1 instructed maintenance manager Staff #3 (S3) to change out the lock on R1’s apartment door. S3 performed this action before close of business (i.e., 5:00 PM) on 04/01/2026, while R1’s recliner chair was still inside their apartment, and while having constructive knowledge that: R1 had not yet surrendered/relinquished their apartment key to Licensee’s staff and that R1 had not yet submitted / turned-in their “Atria Resident Move Out Form,” which represents the resident’s written attestation that they have finished removing “all personal property” from their apartment. (This form is part of the facility’s standard operating procedure). [CONTINUED ON LIC 9099-C, 3 of 3] |