RESIDENTIAL LEASE and SECURITY SERVICES AGREEMENT

Transcription

1 RESIDENTIAL LEASE and SECURITY SERVICES AGREEMENT 1 CONTRACT NO. BCC APPROVED THIS RESIDENTIAL LEASE and SECURITY SERVICES AGREEMENT ("Agreement"), effective upon execution of both parties, ( Effective Date ) by and between Sarasota County, a political subdivision of the State of Florida, ( County ) and, ( Lessee ). WITNESSETH: WHEREAS, County owns a residential house, at Twin Lakes Park, with the physical address of 5895 Hummingbird Avenue, Sarasota, FL, (the Premises ) as described in Exhibit "A", attached hereto and incorporated herein; and WHEREAS, County desires certain Security Services for Twin Lakes Park and evening patrols of Rothenbach Park ( Parks ), as defined in Section 13, ("Security Services"), in exchange for a lease of the Premises for residential purposes at a reduced monthly rate; and WHEREAS, County desires that Lessee be physically present to the extent possible at the Parks during the hours of 12:00 midnight and 6:00A.M., to ensure security of the Parks; and WHEREAS, Lessee will provide and County will accept a combination of Security Services and monetary payment as rent according to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the promises and mutual covenants and conditions herein contained, the parties agree here to as follows: 1. RECITALS The above recitals are true and correct and incorporated herein. 2. PREMISES a. Subject to the terms and conditions of this Agreement, the County hereby leases and lets unto Lessee, and Lessee hereby agrees to lease from the County the Premises. 3. TERM a. Lessee will have thirty days from October 15, 2018 to: (i) occupy the Premises; and (ii) begin providing Services, ( Occupancy Date ). b. The term of this Agreement shall commence on the Occupancy Date, and continue for a period of one year ( Term ). Lessee may request up to three (3) additional oneyear renewals by providing written notice to the County s Administrative Agent. The renewal request must be made at least sixty (60) days, but not more than twelve (12) months, prior to the expiration of the Agreement Term.

2 c. If there is any renewal or extension of the Term, the defined Term shall be deemed to include any renewal or extension term period. d. This Agreement shall terminate immediately if Lessee is suspended, discharged, terminated or otherwise released from employment as a sworn law enforcement officer or is no longer in good-standing with the Sarasota County Sheriff's Department. Lessee thereupon will have thirty (30) days to vacate the Premises. 4. RENTAL AMOUNT a. Lessee shall pay to County as ( Monthly Rent ) the amount of ($) per month. b. The Monthly Rent shall be due on the first (1st) day of every month. c. In the event the Occupancy Date is not the first (1st) day of the calendar month, the Monthly Rent shall be remitted on the Occupancy Date and compensation shall be pro rated based on a 30-day period. d. If not received on the 1st day of each calendar month, Monthly Rent shall be considered overdue and delinquent on the 5th day of each calendar month. If Lessee fails to timely pay any Monthly Rent, Lessee shall pay County a late charge of 10% of past due amount. Any waiver of late charges under this paragraph will not affect or diminish any other right or remedy County may exercise for Lessee's failure to timely pay rent. e. All Monthly Rents shall be made payable to Sarasota County Government, Attn: Concession Lease Coordinator, 1660 Ringling Blvd, Fifth Floor, Sarasota, FL Lessee shall make all payments required under this Agreement by personal or business check, money order, cashier s check or credit/debit card. f. If Lessee makes a Monthly Rent payment with a worthless check, County can require Lessee to make all future payments by money order, cashier's check or official bank check and to pay bad check fees as additional rent in the amount of the greater of $40.00 or twelve percent (12%) of the check amount. Furthermore, County may require in writing that Lessee pay all future Monthly Rent by money order or cashier's check. g. County will apply all funds received from Lessee first to any non-rent obligations of Lessee including late charges, returned check charges, and charge-back for repairs, then to rent, regardless of any notations on a check. 5. SECURITY DEPOSIT a. Within three (3) days of the Effective Date, Lessee shall place the sum of ($) (hereinafter referred to as the Deposit ) with the County. County shall hold the Deposit for the benefit of Lessee as security for faithful performance by Lessee of all terms, covenants and conditions of this Agreement. 2

3 b. Lessee shall not be entitled to apply any part of the Deposit against rent or any other obligations during the time Lessee uses the Premises. c. Upon termination of this Agreement by either party hereto and vacation of the Premises, County reserves the right to apply the Deposit towards any monies owed to County by Lessee under the terms of this Agreement and applicable law, physical damage or contamination to the Premises, and costs and attorney s fees associated with Lessee s failure to fulfill the terms of this Agreement. Should any balance of the Deposit remain, County shall disburse the balance to Lessee. Should the Deposit not cover all amounts due County, then County may bill Lessee for any additional charges and Lessee shall promptly reimburse County for same. 6. USE OF PREMISES a. The Premises are publicly owned property and leased to Lessee for the sole purpose of a private residence and shall be occupied solely by Lessee exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Lessee for the purpose of carrying on any business, profession, or trade of any kind. Lessee shall not allow any other person, other than Lessee's immediate family or transient relatives and friends who are guests of Lessee, to use or occupy the Premises without first obtaining County's written consent to such use. Lessee shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. b. No persons other than Lessee are permitted to occupy the Premises at any time. 7. CONDITION OF PREMISES Lessee stipulates, represents and warrants that Lessee has examined the Premises, and that at the time of execution of this Agreement is in good order, repair, and in a safe, clean and habitable condition. 8. SUBLETTING AND ASSIGNMENT Lessee shall not voluntarily, involuntarily or by operation of law, assign or in any manner or otherwise encumber this Agreement, or sublet the Premises or any part thereof. 9. COUNTY ACCESS TO PREMISES Lessee shall allow the County or the County's agents access to the Premises, upon reasonable prior notice to Lessee as described in 83.53, Florida Statutes (except in the case of emergency, in which event no prior notice shall be required), to inspect the Premises or any fixtures, equipment, property or appurtenances therein or thereto, or to make repairs, alteration or improvements as the County deems fit, or to exhibit the same to or allow inspection of the same by insurance carriers and representatives, fire and building department inspectors. 3

4 10. DESTRUCTION OF PREMISES In the event that the Premises should be totally destroyed by fire, or other cause, the Agreement shall be terminated. In the event the destruction is attributable to the acts or omissions of Lessee, County retains all rights for indemnification and payment of damages by Lessee. In the event that the Premises should be partially damaged by fire, or other cause, County shall within thirty (30) days after the date of such damage give written notice to Lessee of the intention to rebuild or repair and shall thereupon proceed with reasonable diligence to restore the building to substantially the same condition in which it was immediately prior to the damage. The County reserves the right to not repair any such damage or otherwise restore the building. In such event, the Agreement shall be terminated and neither party shall have any further obligation to the other. Under no circumstances shall County be required to rebuild, repair or replace any improvements or alterations made by Lessee within the building. 11. ALTERATIONS AND IMPROVEMENTS Lessee shall not make any alterations or improvements to the Premises without obtaining the County's written consent to the alteration or improvement. Any improvements or alterations to the Premises made by Lessee shall become County's property. 12. MAINTENANCE, REPAIRS AND UTILITIES a. Lessee will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement. Without limiting the generality of the foregoing, Lessee shall: i. Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; ii. Not obstruct or cover the windows or doors; iii. Not leave windows or doors in an open position during any inclement weather; iv. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Lessee shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Lessee; v. Be responsible for the maintenance and repair of the exterior grounds, landscaping, driveway, pavement and walkways located anywhere on the Premises; vi. Make any repairs to the Premises resulting from Lessee's negligence or misuse will be the responsibility of Lessee. b. Notwithstanding anything to the contrary herein, if County elects to make a repair that County determines to be a result of Lessee's negligence or misuse, Lessee shall be responsible for full payment of repairs and reimburse County within ten (10) days of said repair. c. Lessee shall be responsible for all utility charges to the Premises; including but not limited to water, sewage, electricity, trash & recycling collection, cable TV and pest control. 4

5 13. SECURITY SERVICES a. In addition to payment of Monthly Rent, Lessee shall provide Security Services at Twin Lakes Park, and other area parks as set forth in Exhibit C, ( Services ), attached hereto and made a part hereof. b. Lessee shall keep a written log, inspect, patrol, and record observed conditions pertaining specifically to health, safety, and security of the Park. All information recorded above shall be turned into the assigned supervisor of said Park and/or appropriate staff as an emergency should require or at a minimum by the first of each month. c. Lessee must possess or obtain certifications in CPR and First Aid. d. Lessee shall arrange to have another law enforcement officer, who is approved in advance by County, (and available to open and lock gates at Twin Lakes Park and lock gates at Rothenbach Park) whenever Lessee is physically absent from the Residence for a period longer than two (2) days, or when Lessee is ill. No approved replacement shall be compensated by County. 14. AGREEMENT TERMINATION a. The County reserves the right at any time to terminate this Agreement. Except in the event of a default as described elsewhere in this Agreement, Lessee shall be given thirty (30) days prior written notice of such determination by the County, after which the County may re-enter and repossess the Premises without any liability whatsoever under this Agreement. Lessee shall not be entitled to any compensation or be entitled to make any claim to bring any action against the County because of or on account of the termination of this Agreement. b. Provided Lessee is not in default under the terms of this Agreement, if Lessee desires to terminate this Agreement it may do so by giving County thirty (30) days written notice of such intent. c. Upon termination or expiration, Lessee agrees to deliver all keys and remote garage door openers to County and to move out of the Premises, leaving it in a clean and undamaged condition, less ordinary wear and tear. If the Premises are not returned in such condition, County reserves the right to charge Lessee for the cost to repair any damage and to put the Premises back in the condition it was in as of the commencement of this Agreement. d. This Agreement shall terminate immediately if Lessee is suspended, discharged, terminated or otherwise released from employment as a sworn law enforcement officer or is no longer in good-standing with the Sarasota County Sheriff's Department. Lessee thereupon will have thirty (30) days to vacate the Premises. e. Lessee acknowledges that if personal property is left in the Premises after termination or expiration of this Agreement, County may determine that such property has been 5

6 15. HOLDING OVER abandoned and may take steps to remove or dispose of the property consistent with applicable laws. BY SIGNING THIS AGREEMENT, LESSEE AGREES THAT UPON SURRENDER, ABANDONMENT OR RECOVERY OF POSSESSION OF THE PREMISES, AS DEFINED BY FLORIDA STATUTES, County SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF LESSEE PERSONAL PROPERTY. If Lessee shall hold over and fail to vacate the Premises upon termination or expiration of this Agreement, then, in addition to any other charges described elsewhere in this agreement, and notwithstanding anything to the contrary, Monthly Rent shall increase to double the rent in effect as of the date of termination or expiration of this Agreement. This paragraph shall survive termination or expiration of this Agreement. 16. FAILURE TO PROVIDE SECURITY SERVICES In the event Lessee fails to provide the Security Services for a period of greater than a total of three (3) days, the County shall have the right with twenty-four (24) hours notice to terminate this Agreement. 17. RADON NOTIFICATION Pursuant to Florida Statute (8), the following disclosure is made: "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in the building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon gas that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Unit." 18. HAZARDOUS MATERIALS PROHIBITED To the best of County's knowledge, as of the Effective date of this Agreement, no hazardous materials or condition exist at the Premises. Except as otherwise provided herein, Lessee, its agents, guests and invitees shall not use, handle, store, display or generate hazardous materials (materials that are ignitable, corrosive, toxic or reactive) in or on the Premises. For the purposes of this Agreement, the term "hazardous materials" shall mean those substances defined as "hazardous substances", "hazardous materials", "hazardous wastes", or "toxic substances" in the Comprehensive Environmental Response, Monthly Rent and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq.; and in the regulations adopted and promulgated pursuant thereto and in the applicable laws, regulations and ordinances enacted by the State of Florida and Sarasota County. 19. INSURANCE REQUIREMENTS Prior to occupancy, Lessee shall procure and maintain, for the full Term, all of the insurance coverage indicated in Exhibit B, ( Insurance Requirements ), attached hereto and incorporated herein. The policies of insurance shall be primary and written on forms acceptable to the County 6

7 and placed with insurance carriers approved and licensed by the Insurance Department in the State of Florida and meet a minimum financial A.M. Best & Company rating of no less than "Excellent": VII. No changes are to be made to the insurance specifications without prior written specific approval by the County Risk Management Division. 20. DISPUTE RESOLUTION a. This Agreement shall be governed by, and be construed in accordance with, the laws of the State of Florida. Any legal proceedings concerning this Agreement shall be brought and maintained solely in Sarasota County, Florida. b. In the event any dispute arises concerning this Agreement, the Parties may attempt to settle any dispute by mediation. c. The Parties hereby expressly agree that in the event of litigation regarding this Agreement, any and all rights to jury trial are waived. d. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or considering same shall not apply the presumption that the terms hereof shall be more strictly construed against a party by reason of the rule or conclusion that a document should be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that all parties hereto have participated in the preparation of this Agreement and that legal counsel was consulted by each party hereto (or opportunity for legal consultation afforded to each party) before the execution of this Agreement. 21. COUNTY S ADMINISTRATIVE AGENT a. The County s Administrative Agent is designated to act on behalf of the County and to administer the terms and conditions of this Agreement. The Administrative Agent is the Director of Parks, Recreation & Natural Resources. 22. NOTICES Except as otherwise provided herein, all notices, invoices, reports, or any other type of documentation required by this Agreement or permitted under this Agreement shall be made in writing and shall be deemed given and served when provided by certified United States mail with proof of mailing, or personal delivery, to the addresses listed below. In addition to, but not in lieu of providing notice as stated above, the parties may choose to provide a courtesy copy of any notice via electronic mail to the addresses listed below. Either party may change its address or representative by giving written notice of such change. Lessee: 7

8 County: Copy to: Parks, Recreation and Natural Resources Attn: 1660 Ringling Blvd. 5th Floor Sarasota, FL Office of County Attorney Sarasota County Government 1660 Ringling Blvd. Sarasota, FL NON-LIABILITY OF COUNTY FOR DAMAGES, INDEMNITY County shall not be liable for liability or damage claims for injury to persons or property from any cause relating to the occupancy of the Premises by Lessee, including those arising out of damages or losses occurring on sidewalks and other areas adjacent to the leased Premises. Lessee shall indemnify County from all liability, loss, or damage claims or obligations resulting from any injuries or losses of this nature. Lessee waives any claim against County for damages relating to its occupancy of the Premises from any cause whatsoever, including, but not limited to, burglary, theft, or damage by water. 24. QUIET ENJOYMENT County covenants that so long as Lessee performs its obligations hereunder; Lessee shall have the right to quietly enjoy and use the Premises for the term of this agreement, subject only to the provisions hereof, governmental regulations and restrictions, and easements of record. 25. DEFAULT TERMINATION Lessee shall be in default of this Agreement for failing to timely pay rent, or for materially violating any other covenant of this Agreement. In the event of any default, County shall have access to all remedies available under this Agreement or at law. 26. MISCELLANEOUS a. TIME IS OF THE ESSENCE WITH RESPECT TO THE PERFORMANCE OF EACH AND EVERY PROVISION OF THIS AGREEMENT. b. This Agreement supersedes all other agreements between the parties, whether oral or written with respect to the subject matter. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, deleted, superseded or otherwise altered unless agreed upon in writing by both parties and incorporated into this Agreement. 8

9 27. NO THIRD PARTY BENEFICIARIES This Agreement shall not be interpreted or construed to grant any rights to any third parties. 28. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy or facsimile copy of this Agreement and signatures of the parties hereon shall be considered for all purposes as originals. 29. EXECUTION BY COUNTY COMMISSION Notwithstanding any action taken on the Agreement by the Sarasota County Board of County Commissioners, or any agent thereof, or County employee, the Agreement shall not be enforceable against the County unless approved by the Board of County Commissioners and executed by the Chairman of the Board of County Commissioners. 30. PUBLIC RECORDS The Lessee acknowledges the requirements of , F.S. as set forth in Addendum A, Application of Chapter 119, Florida Statutes, attached hereto and incorporated herein. 31. PETS The Lessee shall be permitted to keep pet(s) at the Premises, pursuant to the requirements of Addendum B, Pet Addendum to Residential Lease and Security Services Agreement, attached hereto and incorporated herein. The remainder of this page intentionally left blank. SIGNATURES ARE ON NEXT PAGE 9

10 IN WITNESS WHEREOF, the County and Lessee have executed this Agreement as of the date first above written. WITNESSES: LESSEE: By: Print Name Print Name: Date: Print Name COUNTY: BOARD OF COUNTY COMMISSIONERS, OF SARASOTA COUNTY, FLORIDA By: Chair Date: ATTEST: KAREN E. RUSHING, Clerk of the Circuit Court And Ex-Officio Clerk of the Board of County Commissioners Deputy Clerk Approved as to Form and Correctness: By: County Attorney 10

11 EXHIBIT A Premises 11

12 EXHIBIT B Insurance Requirements Lessee, at their expense, shall maintain at all times during the term of this Agreement, comprehensive personal liability insurance, in an amount of not less than Three Hundred Thousand Dollars ($300,000.00) each occurrence, against any and all claims for injury and damage to persons and property, and for the loss of life or property occurring in, on, or about the property arising out of the act, negligence, omission, nonfeasance, or malfeasance of Lessee, their employees, agents, contractors, customers, licensees, and invitees. Lessee shall furnish Certificates of Insurance to the County Administrative Agent evidencing the types and amounts of coverage, including endorsements, required by this Contract prior to commencement of work and prior to expiration of the insurance contract, when applicable. Such Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day notice of cancellation (10 days for non-payment of premium) or non-renewal of coverage. The County reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the term of this Contract. County reserves the right, but not the obligation, to review and reject any insurer providing coverage due to its poor financial condition or failure to operate legally. The procuring of required policies of insurance shall not be construed to limit Lessee's liability or to fulfill the indemnification provisions and requirements of this Agreement. Lessee shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Agreement and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject. Lessee is responsible for maintaining Renter s Insurance covering Lessee s personal property. Notices of Accidents (occurrences) and Notices of Claims associated with this Contract shall be provided to Lessee's insurance company and County's Risk Management Department as soon as practicable after notice to the insured. 12

13 EXHIBIT C Services 1. At Twin Lakes Park, check of all gates and buildings after hours to be sure that they are locked and that all patrons are out of the park, nighttime on-call security services; 2. At Rothenbach Park, evening patrol at dusk to check that all patrons have vacated the park. 13

14 ADDENDUM A IF THE LESSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LESSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Sarasota County Public Records office 1660 Ringling Blvd. Sarasota, FL Phone: prr@scgov.net 14

15 ADDENDUM B PET ADDENDUM TO RESIDENTIAL LEASE And SECURITY SERVICES AGREEMENT Consent is hereby granted to Lessee to keep the described pet(s) on the leased Premises, provided the below listed conditions are abided by: 1. ONLY PETS SPECIFICALLY IDENTIFIED IN THIS AGREEMENT ARE ALLOWED AND SUCH PET MUST BE PREAPPROVED PRIOR TO BRINGING PET ON THE PREMISES. 2. Pet(s) must be kept on a leash at all times while outside of the residence. PETS ARE NOT ALLOWED TO RUN LOOSE AT ANY TIME. Lessee agrees to fully indemnify the County for any damages arising out of injury to another by the Pet(s). Pet(s) must not be tied or kept outside Residence door or on lanai. 3. Lessee is responsible for clean up after Pet(s). 4. Lessee shall be responsible for FULL replacement and cleaning costs of tile, walls, blinds, flooring or other items damaged in any way by Pet(s). Lessee shall be responsible for any exterminating that may be required as a result of the pet(s). 5. Lessee agrees that approval or denial of all pet(s) is at the sole discretion of the County. County reserves the right to withdraw consent by giving Lessee fourteen (14) days written notice to remove Pet(s) from the Premises for any reason including but not limited to noise, barking, disturbances, damage, threatening behavior towards patrons of the Park or employees or agents of County. In the event that Pet(s) are not removed after written notice, Lessee shall be subject to eviction and termination of Agreement. 6. Insurance maintained by Lessee shall not contain any exclusions or restrictions on type/breed of pet kept by Lessee on the leased Premises. DESCRIPTION OF PET(S): Type: Breed Color Weight By signing below Lessee agrees to be bound by above terms and conditions: LESSEE: By: Print Name: Date: 15