STATE OF FLORIDA . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIC " FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, OO - O q fos vs. DBPR Case N° 98-84702 CAROLYN J. SCHAEFER. Respondent. / ADMINISTRATIVE COMPLAINT _ State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Carolyn J. Schaeffer (hereinafter “Respondent”) and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1, Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fila. Stat., and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate salesperson. issued license number 0383129 in accordance with Chapter +75, Fila. Stat. 3. The last license issued was as a voluntary inactive salesperson at 44 Golf view Court, Placida, Florida 33947. ae eli dh ee oe San ee FDBPR v. Carolyn J. Schaeffer Case No. 98-84702 Administrative Complaint 4. Atall times material to this complaint. Respondent served as the agent for Key Agency, Inc. 5. Onor about October 12, 1995, Anne G. O’Connell (“owner”) executed a rental listing agreement with Key Agency, Inc. A copy of the agreement is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 6. Pursuant to a one year residential lease between Key Agency. Inc. and Cameron MacDonnell (“tenant”) he began occupying the property at 1065 Bay Harbor Drive on November 1, 1997. A copy of the lease is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. 7. The terms of the lease required a $500 deposit. 8. By letter dated December 15, 1997, the tenant proposed to the Respondent that he be permitted to make repairs to the home in lieu of paying a security deposit. A copy of the letter is attached hereto. incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 3. 8. The owner advised that the tenant moved out in February, 1998, without notice and left “some damage to the property. 9. By letter dated December 9, 1998, Respondent advised that the tenant did not make the deposit at the time of signing the lease, but that the last month’s rent was credited to the owner’s account. A copy of the letter is attached hereto, incorporated herein’ and made a part hereof by FDBPR v. Carolyn J. Schaeffer Case No. 98-84702 Administrative Complaint reference as Administrative Complaint Exhibit 4. COUNT I Based upon the foregoing, Respondent is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence. or breach of trust in any business transaction in violation of § 475.25(1)(b), Fla. Stat. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to ferms ‘including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Seat. and Rule 61J2- 24.001, Fla. Admin. Code. The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed be FDBPR v. Carolyn J. Schaeffer ; Case No. 98-84702 Administrative Complaint ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand: imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses: publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. See § 455,227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. SIGNED this Lf day of clauses, , 2000. 7 Kt AU <4 L, A LEME Bepariment of Bu: Wness-annd—— Professional Regulation By: Herbert S. Fecker, Jr. Director, Division of Real Estate Ss ATTORNEY FOR PETITIONER Ghunise Coaxum Florida Bar N° 077348 Senior Attorney Department of Business and Te, : Professional Regulation, Legal Section - Suite N 308 “Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX b ge fe fi re Ukal FDBPR v. Carolyn J. Schaeffer OOF FEB 28 Pi I2: 26 Case No. 98-84702 Administrative Complaint GClk . Oo OTA PCP: HF/CS 1/00 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twentv-one (21 days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. REALTOR® s nen One Vie Vv . . Ww + Key cAgency INCORPORATED 1201S. MCCALL ROAD, ENGLEWOOD. FLORIDA 33533 PO. BOX 1283 — Telephone (813) 474-3228 RENTAL LISTING AGREEMENT I,the undersigned, hereinafter referred to as the OWNER, auth- orize KEY AGENCY, INC., a Flordia Corporation, hereinafter referred to as the RENTAL AGENT,to rent and act as rental mana- ger on my behalf for the property identified as: 7 The property is to be offered at a monthly rent of$ fapee Plus a Sercurity Deposit of $2009 Plus the last month's rent,if applicable. Plus a non-refundable pet deposit of $100., if applicable. Any offer to rent for a figure less than this will be subject to written acceptance and approval of the OWNER. The RENTAL AGENT is hereby authorized to arrange for lawn care, cleaning, emergency repairs, payment of utility and other incid- ental bills,.when necessary.., at.the OWNER!S expense provided the amount of such does not exceed $100. , in any calender month. The OWNERS agrees that a $100. balance will be maintained in their Escrow Account at all times to avoid the necessity of KEY AGENCY, INC. providing advance money to pay, legitimate charges under this contact. The RENTAL AGENT warrants to use its utmost diligence in renting said premises and collecting all due rents and processing pay- ments of necessary expenses relevant to the property management. ‘For its professional services, the RENTAL AGENT shall withhold as compensation . 10H : per cent of the gross rent and shall remit the balance less any operational expenses to the OWNER. ‘The OWNER agrees to hold the RENTAL AGENT harmless for tenant negligence and normal wear and tear to the rental property. This listing can be cancelled by 30 days notice by either party. /If cancelled, the.OWNER is obligated to honor rental agreements : existing prior to such cancellation pursuant of this Listing. DATE (Ud Jobe /2,IGGS OWNERS “dp Vin ms PLANT aa eeiBiT__L__PAGE q * . Specializing In Waterfront Properties — General Insurance — Bonds — Appraisals - UY Key Agency INCORPORATED N&RPM REALTOR® 1201 S. MeCALL ROAD, ENGLEWOOD, FLORIDA 34223 National Association of P.O. BOX 1283 — Telephone (813) 474-3228 Resident: ta00s2eort3 ential Property Manage RESIDENTIAL LEASE This agreement, made this _/ # say of I Loeher 1977 between ate Pete hereinafter referred to as the LANDLORD, through its agent and Camere, Shcdenel +e hereinafter referred to as the TENANT, conceming the lease of the following described property: /OGS Gry HerterOr Eagle a . is agreed to by and shail bind the TENANT, its heirs, estate, or legally appointed representatives. TENANT as herein used shall include all persons to whom this property is leased. LANOLORD as herein used shall include the owner(s) of the premises, its heirs, assigns or representatives and/or any agent(s) designated by the owner(s). TERM OFLEASE: Onc Year . . . If for any reason LANDLORD cannot deliver possession of the premises to TENANT by the beginning date, the beginning date may be extended up to 30 days or lease voided at LANDLORD'S option without LANDLORD being liable for any expenses caused by such delay or termination. This lease shall terminate early, at LANDLORD'S option, upon sale of or contract for sale entered into on the premises and TENANT agrees to vacate within 60 days written notice from LANDLORD. OCCUPANTS: Only the following individuals shail occupy the premises unless written consent of the LANDLORD is obtained: gore Mac Devel s Mee garsk So be eo A reasonable number of guests may occupy the premises without prior written consent if stay is limited to 72 hours. . PRORATED RENT: TENANT agrees to pay the sum of RY as prorated rent for the period “to ADVANCE RENT: TENANT agrees to pay the sum of 72S e, as advance rent representing payment for the last month of occupancy. RENT: TENANT agrees to pay the monthly rent amount of $7257, plus any applicable sales tax as rent on the 4ST day of each month in advance without demand at ey Pyency “nc, -/201 S. 1H¢ Gell A... Faglenve L. . Phone number (941) . Emergency number (941) . --- .. Rent must be received by LANDLORD or its designated agent on or before the due date. A late fee of $25.00 plus $5.00 per day thereafter shall be due as additional rent if TENANT fails to make rent payments on or before the STH day of each month. Cash payments are accepted. If TENANT'S check is dishonored, all future payments must be made by money order or cashier's check; dishonored checks will be subject to the greater of 5% of the check amount or a $2: .00 charge as additional rent. lf LANDLORD has actual knowledge that there are insufficient funds ta cover a check, rent will be considered unpaid, LANDLORD may serve TENANT with a Three Day Notice and will not be required to deposit the check. Third party checks are not permitted. Time is of the essence. The imposition of late fees and/or dishonored check charges is not a substitution or waiver of available Florida law remedies. If rent is not received by the day of each month, LANDLORD may serve a Three Day Notice on the next day or any day thereafter as allowed by law. All signatories to this lease are jointly and severaily responsible for the faithful performance of this lease. All payments made shail first be applied to any outstanding balances of any kind including late charges and/or any other charges due under this lease. All notices by TENANT to LANDLORD shail be sent to LANDLORD'S address above by certified mail. PETS: TENANT shail not keep any animal or pet in or around the rental premises without LANDLORD'S prior written approval and a PET ADDENDUM signed by all parties. PET ADDENDUM IS ATTACHED SECURITY DEPOSIT: TENANT agrees to pay LANDLORD the sum of $-<¢..00, as security for faithful performance by TENANT of ail terms, covenants and conditions of this lease. This deposit may be applied by the LANDLORD for any monies owed by TENANT under the lease or Florida law, physical damages to the premises, costs, and attomey's fees associated with TENANT'S failure to fulfill the terms of the lease. TENANT cannot dictate that this deposit be used for any rent due. if TENANT breaches the tease by abandoning, surrendering or being evicted from the rental premises Prior to the lease expiration date (or the expiration of any extension), the deposit will be forfeited as special liquidated damages ta cover.the.costs, af reletting the rental premises. TENANT will still be responsible for unpaid rent, physical damages, future rent dué: rtdmeyrs fées; cobs and any other amounts due under the terms of the tenancy or Florida law. oN Poss Fue ann. Whe bata ta the falladnn mannan Dannciigd in a eanneata EXHiBil__/ PAGE... fa ; “other ~ abe a e AN noon Rata ein terroir Egger ~ the lease or any month to month p [ ) ‘pericd in addition to security deposit forfeiture. If TENANT fails to vacate after the initial term, or any successive "CONDEMNATION an Ww WV / UTILITIES: LANDLORD is responsible for providing the following utilities only: NONE -The TENANT agrees to pay all charges and deposits for all other utilities and TENANT agrees to have ali accounts for utilities immediately placed in TENANT name with accounts kept current throughout occupancy. If the utilities which TENANT is responsible for are still in LANDLORD's name at the time TENANT takes occupancy, TENANT agrees that LANDLORD shall order such utilities to be terminated. VEHICLES: Vehicle(s) must be currently licensed, owned by TENANT, registered, operational and properly parked. TENANT agrees to abide by ail parking rules established now or in the future by LANDLORD or condo /homeowner association's rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats or commercial vehicles are allowed on or about the premises without Landlord's prior written approval. TENANT is not to repair or disassembie vehicles on the premises. Vehicles not meeting the above requirements and additional rules of LANDLORD are ‘unauthorized vehicles subject to being towed at TENANT expense. Parking on the grass is prohibited. TENANT agrees “to indemnify LANDLORD for any expenses incurred due to the towing of any vehicle belonging to the guest or invitee of TENANT. TENANT agrees that only the following vehicles will be parked on the premises: 1995 Chevy Corsica . MAINTENANCE/JINSPECTION: TENANT agrees that they have fully inspected the premises and accepts the condition of the premises in "as is" condition with no warranties or promises express or implied. TENANT shall maintain the premises in good, clean and tenantable condition throughout the tenancy, keep all plumbing fixtures in good repair, use ail electrical, plumbing, heating, cooling, appliances and other equipment in a reasonable manner, removing all garbage in a clean and sanitary manner. In the event TENANT or TENANT'S guests or invitees cause any damage to the premises, LANDLORD may at its option repair same and TENANT shall pay for the expenses of same on demand or LANDLORD may require TENANT repair same, all charges incurred as additional rent. TENANT shail be fully _fesponsible for, and agrees to maintain and repair at TENANT'S expense, the following: A/C FILTERS, EXTERMINATION, LAWN/SHRUBBERY, LOCKS/KEYS, SCREENING, SMOKE ALARM(S), _ . Inthe event a major repair to the premises must be made which will necessitate the TENANT'S vacating the premises, LANDLORD may at its option terminate this agreement and TENANT agrees to vacate the premises holding LANDLORD harmiess for any damages suffered if any. TENANT shall notify LANDLORD immediately of any maintenance need, main- tenance performed or repair in writing. TENANT agrees that they shall immediately test the smoke detector and shall maintain same. : VACATING: At the expiration of this agreement or any extension, TENANT shail peaceably surrender the premises and tum in all keys and any other property owned by LANDLORD leaving the premises in good, clean condition, ordinary wear and tear excepted. TENANT agrees to have the carpeting cleaned professionally upon moveout or will incur a minimum carpet cleaning charge of, $4<.00 In the event all keys are not retumed upon moveout, there will bea minimum charge of $25.00 RENEWAL: |f LANDLORD consents to TENANT remaining in the premises after the natural expiration of this lease, and no new lease is signed, the tenancy will be extended as a month-to-month tenancy and may be terminated by TENANT giving written notice not less than 30 days prior to the end of any monthly payment period OR LANDLORD giving written notice not less than 15 days prior to the end of any monthly payment period. Termination of the tenancy Shail oc Notice from TENANT to LANDLORD must be made by certified mail. All in effect. Failure to give above stated notice by TENANT prior to the end of i resuif in additional liability of TENANT for the following full monthly rental consensual periods after termination, TENANT shail additionally be held liable for holdover (double) rent. , upon reasonable notice by telephone, hand-delivery or posting to TENANT, has the RIGHT OF ENTRY: LANDLO 's for showing, repairs, appraisals, inspections, or any other reason. LANDLORD has right of entry to the pre! immediate right of entry in cases of emergency, or to protect or préserve the premises. TENANT shail not alter or add locks without prior written consent. If consent is given, TENANT must provide LANDLORD with a key to all locks. LANDLORD may place "For Sale” or "For Rent” signs on the premises at any time. 2 If for any pi by any governmental authority, or destroyed through fire, act of god, nature or accident, this lease shail cease and shail terminate as of the date of such condemnation or destruction and TENANT hereby waives all claims against LANDLORD for any damages suffered by such condemnation or destruction. ” WAIVER 1" LANOLORD Undér this iease shall be cumulative, and failure on the part of the LAND- LORD to exercise ‘promptly any rightsiven hereunder shall not operate to forfeit any other rights allowed by this lease or by law. 2. a EXHIBIT i PAGE 7 Ww ad / non interest bearing account with Penns le Baek - . Florida statutory law, 83.49(3) provides: (3)(a) Upon the vacating of the premises for termination of the lease, the LANDLORD shail have 15 days to return the security deposit together with interest if otherwise required, or in which to give the TENANT written notice by certified mail to the TENANT last known mailing address of his intention to impose a claim on the deposit, and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of — upon your security deposit, due to ——. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby Notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or | will be authorized to deduct my claim from your security deposit. Your objection must be sent to Ae ee if the LANDLORD fails to give the required notice within the 18-day period, he forfeits his right to impose a claim upor the ecurity deposit. (b) Uniess the TENANT objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the LANDLORD may then deduct the amount of his claim and shail remit the balance of the deposit ta the TENANT within 30 days after the date of the notice of intention to impose a claim for damages. (c) If either party institutes an action in a court of competent jurisdiction to adjudicate his right to the security deposit, the prevailing party is entitled to receive his court costs plus a reasonable fee for his attorney. The court shail advance the cause on the calendar. (d) Compliance with this subsection by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and salespersons, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits heid pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personne! shail look solely to this subsection to determine compliance. This subsection prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes. Security deposit refunds if any shall be made by mail only, as provided by law, made out in names of all TENANTS in one check, and, may not be picked up in person from LANDLORD. ASSIGNMENTS: TENANT shail not assign this lease or sublet the premises or any part thereof. Any unauthorized transfer of interest by the TENANT shall be a breach of this agreement. APPLICATION: If TENANT has filled out a rental application, any misrepresentation made by the TENANT in same will be a breach of this agreement and LANDLORD may terminate the tenancy. FIXTURES AND ALTERATIONS: TENANT must obtain prior written consent from LANDLORD before painting, installing fixtures, making alterations, additions or improvements and if permission granted, same shall become LANDLORD'S Property and shall remain on the premises at the termination of the tenancy. USE OF PREMISES: TENANT shail maintain the premises in a clean and sanitary condition and not disturb surround- ing residents or the peaceful and quiet enjoyment of the premises or surrounding premises. TENANT shall install window shades or draperies (no foil, sheets, paper etc. allowed) within 15 days of taking occupancy if not already provided.. Premises are to be used and occupied by the TENANT for only residential, non business, private housing purposes only. TENANT shall not operate any type of day care or child sitting service on the premises. TENANT shall secure insurance immediately for any water filled devices with a loss payable clause to LANDLORD. property or owner thereof and LANDLORD shall not be liable for any damage to said personal property of the TENANT arising from criminal acts, fire, storm, flood, rain or wind damage, acts of negligence of any person whomsocever, or from the bursting or leaking of water pipes. TENANT is strongly urged to secure insurance for personal property. DEFAULT: (1) Fail TENANT to pay rent or any additional rent when due, or (2) TENANT'S violation of any other “term, condition or int of this jease (and if applicable, attached rutes and regulations), condominium by-laws or neighborhood deed restrictions or (3) failure of TENANT to comply with any Federal, State and/or County laws, rules and ordinances. =r (4) TENANT'S failure to move. into the premises or tenants abandonment of the premises, shail constitute a default.by TENANT. Upon default, in addition to complete forfeiture of the security deposit, rent due for the remaining term of this lease is accelerated, TENANT shail owe this rent and LANDLORD may begin eviction pro- cedures, after proper notice is given under Florida law. If the TENANT abandons or surrenders possession of the ; "premises during the lease term or any renewals, or is evicted by the LANDLORD, LANDLORD may retake possession of the premises and make a good faith effort to rerent it for the TENANT account. Retaking of possession shail not constitute a rescission of this lease nor a surrender of the leasehold estate. ATTORNEY'S FEES: {f LANDLORD employs an attomey due to TENANT’s vialation of the terms and conditions of this lease, TENANT shall be responsible for all costs and reasonable attorney's fees:as-incurred.by he LANDLQ whether or not suit is filed. TENANT waives the right to demand a jury trial conceming-any litigati tween LAND- LORD and TENANT. Tipecir ; 2ARt QO ee > Ww . ad INDEMNIFICATION: TENANT agrees to reimburse LANDLORD upon demand in the amount of the loss, property damage, or cost of repairs or service (including plumbing trouble) caused by the negligence or improper use by TEN- ANT, his agents, family or guests. TENANT at all times, will indemnify and hold harmless LANDLORD from all losses, damages, liabilities and expenses which can be claimed against LANDLORD for any injuries or damages to the person or property of any persons, caused by the acts, omissions, neglect or fault of TENANT, his agents, family or quests, or arising from TENANT's failure to comply with any applicable !aws, statutes, ordinances or regulations. in the event of a dispute conceming the tenancy created by this agreement, TENANT agrees that if the premises are being managed by an agent for the record owner TENANT agrees to hold agent, its heirs, employees and assigns harmtess and shall look solely to the record owner of the premises in the event of a legal dispute. e < oo INTEGRATION: This lease and exhibits and attachments, if any, set forth the entire agreement between LANDLORD and TENANT conceming the premises, and there are no covenants, promises, agreements, conditions, or understand- ings, oral or written between them other than those herein set forth. If any provision in this agreement is illegal, invalid or unenforceable, that provision shall be void but ail other terms and conditions of the agreement shall be in effect. a ’ MODIFICATIONS: No subsequent alteration, amendment, change or addition to this lease shall be binding upon LANDLORD unless reduced to writing and signed by the parties. RADON GAS: State law requires the following notice to be given: "Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon 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.” ABANDONED PROPERTY: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY ADDITIONAL STIPULATIONS : TENANT TENANT AGENT FOR OWNER This lease has been drafted and completed by H. Anthony Heist of the Law Offices of H. Anthony Heist, P.A. 1 800 253 8428 ——— ee ~ Sp ee ~~ EXHIBIT___( pace ! WAC M4 i Wd PET ADDENDUM Consent is hereby granted to Tenant(s) to keep the described pet(s) on the leased premises, provided the below listed conditions are abided by: 1. Additionai monthly fee of $ lu A 73 is added to the monthly rent as additional rent. ( r a2 9 ¢ 2. Anon refundable fee of $ 252 -~~_> _is paid by Tenant(s). 3. Additional security deposit of $ Ae SAA is paid by Tenant(s). 4. ONLY PET(S SPECIFICALLY ON THIS AGREEMENT ARE ALLOWED AND SUCH PET MUST BE PRE APPROVED PRIOR TO BRINGING PET ON THE PREMISES. 5. Pet(s) must be kept on a leash at all times while it is outside of apartment. PETS ARE NOT ALLOWED TO RUN LOOSE AT ANY TIME. Tenant(s) agree to fully indemnify the owner or agent for any damages arising out of injury to another by the pet(s). Pet(s) must not be tied or kept outside apartment door, in the hallways or on the balcony or lanais. 6. In the event any pet(s) have offspring, Tenant(s) will be in breach of this agreement Pet(s) must weigh under the weight limit of S2 Ibs. at all times. 7. Tenant(s) may be assigned designated area to walk pet. Tenant(s) are responsible for cleaning up after pet(s). 8. Tenant(s) wiil be responsible for FULL replacement cost of carpet, walls, blinds, flooring or other items damaged in any way by pet(s). Tenant(s) also will be responsible for any exterminating that may be required because of pet(s). Tenant(s) agree that approval or denial of all pets(s) is at the sole discretion of owner or agent. Owner or agent reserves the right to withdraw consent by giving the Tenant(s) 7 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 other tenants(s) or employees of owner or agent. In the event the pet(s) are not removed after notice, Tenant(s) will be subject to eviction. DESCRIPTION OF PET(S) . Ya f Tyeedeb-perls Breed Deg Color [Yak NAME Ceny co fake be Type Breed Color NAME TENANT LANDLORD/AGENT v TENANT 2 ES POMP LSE TENANT a a DATE a Dana = . Totetala | ‘EXHIBIT. ( pace AA J § “a $00 as we’ve mai 7) ae Cameron A Mac Doneil 1065. Bay Harbor Dr. Englewood, Fi. 34224 December 15, 1997 Mrs. Carolyn Schaefer Key Agency Inc. Englewood, FI. Dear Mrs. Schaefer, Please allow me, if I may , to apologixe for the time span that has lapsed, without contact in regards to the security deposit owed for the address above. I had absolutely every intention to contact you much sooner, however, in the past 6 weeks, I've had to return “up north” on two separate occasions (in regards to my career) , as well as extensive hours with my current position in Boca Grande. Therefore, due to neglecting my responsibilities to you | offer my sincerest apology. _ This brings me to the topic at hand, the security deposit . First , I would like to take this opportunity to tell you, with utmost gratitude , we couldn’t be happier with the house and the area. To find sucha residence in such short time, far exceeded our immediate expectations. As a result, I have recommended yourself and your agency to several people , I’ve encountered , in the market for either purchase or rental. In regards to the deposit, I have a proposal I would like to “ send your way”. It seems, as is to be expected with any residence that has been occupied for a great length of time, there are some repairs to be done , and asis the case with this particular home, some unfinished renovations. Based on my extensive carpentry background , I would like to offer my skills in exchange for the amount due. I have compiled a partial list and if you agree to the following proposal , I will provide you with a fully detailed list. Some of these items are, the window between the sink and the lanai was not completely finished , by this I mean, the outer molding was never applied and the gaps weren’t filled in. Some other items are, there are lighting fixtures in which the bulb has broken off at the threads, inside the light , one light fixture is held up with duct tape , the walls have “door dents” and other random holes and cracks, the bathroom window will not crank open or closed, the utility room door has been , what appears as clawed or chewed. through by a dog who was less than pleased with confinement, (I felt this necessary to mention to you regardless, as to protect myself from later blame), there are a couple tiles on the kitchen floor / dining area that have come loose, the refrigerator door won’t stay shut , causing it to leak water at random and , at first , over freeze everything in it, there aré wall outlets that have no face plate, or just holes, cut where I assume there were, or were going to be electrical outlets, and other, as I’ve previously mentioned , many other “lived in” repairs to be made. I can repair these problems quite easily and would be happy to do so, providing my own materials(paint, caulk, glues, etc.) Attached , you will find a document , printed as an agreement of sorts. The list will be ready for you as a nta is matter and the” Aye” or “Nay” decision has been reached. In hopes that you and all other parties involved can realize the all around beneficial ramifications of this proposition, 1 will close this correspondence. Thank you , again . for your patience. Sincereiv. Cameron A. Mac Donell ; EXHIBIT /_ PAGE x coe Reai Estate Carolyn Schaeffer, PROPERTY MANAGER-REALTOR® 1201 S. McCall Road * Engtewood, Florida 34223 Business: (941) 474-3228 Toll Free: (888) 850-4KEY * Fax: (941) 473-2604 Evenings: (941) 473-2629 SR 776 & Beach Road DECEMBER 9, 1998 MARIE E. HAYES 2295 VICTORIA AVENUE SUITE 263 FT. MYERS, FLORIDA 33901 RE: CASE #9884702 DEAR MS. HAYES, I RETURNED FROM UP NORTH THE EVENING OF DECEMBER 1, 1998 TO FIND YOUR LETTER AWAITING ME. I WOULD LIKE TO TAKE THIS OPPORTUNITY TO ADDRESS SOME OF MS. O’CONNELLS’ REMARKS AND CONCERNS. MY STATEMENT “THAT EVERTHING LOOKED OK, BUT NEEDED TO BE CLEANED” WAS IN FACT QUITE TRUE. THERE WERE NO HOLES IN WALLS, NO NEW CRACKED FLOOR TILES, NO NEW CHIPS IN BATHROOM SINKS. AS TO THE CONDITION OF THE CARPET—ALL OF THE CARPETING IN THE HOME WAS IN NEED OF REPLACEMENT WHEN THE HOME WAS PUT IN THE RENTAL PROGRAM IN 1995 PER THE PREVIOUS PROPERTY MANAGER. THE TENANT PRIOR TO THE MAC DONELL TENANCY HAD THEIR ENTIRE SECURITY DEPOSIT GARNERED FOR VARIOUS THINGS, ONE OF THEM BEING A PET AND CARPET. THE CARPETS WERE PROFESSIONALY CLEANED AFTER THAT TENANT AND MS. O’CONNELL THEN ASKED REAL ESTATE SERVICE, INC TO CONSIDER MANAGING THE HOME FOR HER) AT THAT ‘TIME THEIR RESPONSE WAS THAT THE CARPETING DIDN’T MEET THEIR ‘ STANDARDS | "WOULD NEED TO BE RE- PLACED BEFORE THEY WOULD CONSIDER THE | (OUSE IN THEIR 1 SRAM. SOI THINK IT FAIR TO SAY THA’ MAC DONELL DIDN’T RUIN THE ENTIRE HOUSEHOLD CARPETING. UNDERSTAND FROM THE MAINTENANCE MAN THAT MS. O'CONNELL HIRED THAT THERE IN FACT HAD BEEN SOMETHING PAINTED ON THE WALL, BUT ITHAD ‘BEEN PAINTED ; OVER AND WAS STARTING TO. GRADUALLY BLEED THRU ‘IN SPOTS. THE OWNER HAD LEFT A GOOD DE Z WHEN I FIRST INSPECTED THE HOME IN / MS. O’CONNEL REFERS TO HAD ALS BEEN IN THE GARAGE AT THAT TIME. THE DOOR THAT WAS MISSING WAS THE REPLACEMENT DOOR FOR THE UTILITY ROOM THAT THE PREVIOUS TENANTS HAD DAMAGED AND WAS ADDRESSED IN THE GARNERING OF THAT TENANTS SECURITY DEPOSIT. Was) E S (ears ] XHIBIT_ aoe, Sar RESET eee . ee FE - ] 2 Your Leaders in Real Estate" t yng ae wpe ee wv) o) AS FOR THE LADDER THAT WAS MISSING, I WAS NOT AWARE OF THAT BELONGING TO MS. O’CONNELL AS THERE WAS NO MENTION OF IT IN THE FILE. TM NOT SURE WHAT MS. O’CONNEL IS TRYING TO INFER ON THE ISSUE OF THE LEASE WITH THE ASTERISK. THIS ASTERISK WAS ADDED WITH THE STATEMENT TO BE PAID LATER FOR HER DAUGHTER’S CLARIFICATION AS SHE ASKED FOR A COPY OF THE LEASE. _ IT SEEMS TO ME IT IS QUITEEVIDENT THAT MR. MAC DONELL DiD NOT PAY THE DEPOSIT AT THE TIME OF THE LEASE SIGNING BY HIS LETTER OF RESPONSE TO MY REQUEST FOR THE SECURITY DEPOSIT TO BE PAID AS AGREED UPON. MS. O’CONNEL HAD BEEN ADVISED OF THIS PER A PHONE CONVERSATION AND A COPY OF MR MAC DONELL’S LETTER FORWARDED TO HER. SHE REFUSED HIS OFFER TO REPAIR THE VARIOUS PROBLEMS THAT HE INHERITED WHEN HE LEASED THE HOME IN LIEU OF A SECURITY DEPOSIT. SUBSEQUENTLY HE MOVED OUT IN THE NIGHT AND HIS LAST MONTHS RENT WAS ATTTACHED AND PLACED IN MS. O’CONNEL’S ACCOUNT. I RESENT MS O’CONNELL’S INFERENCE THAT I LIED ABOUT MR. CAMERON’S WHEREABOUTS. I WAS TOLD BY HIS FORMER EMPLOYER THAT HE LEFT THEM WITH NO NOTIFICATION AND THAT THEY HAD HEARD HE’D MOVED TO ORLANDO AND THIS INFORMATION WAS RELAYED TO MS. O’CONNEL AND HER DAUGHTER. THE ISSUE OF LETTING PEOPLE OUT OF THEIR LEASE AROSE FROM A COUPLE THAT PAID - 4 OF AUGUST AND THEIR LAST MONTH’S RENT . THE SECURITY DEPOSIT WAS TO BE _ PAID UPON THEIR MOVE-IN, BUT THEY NEVER MOVED IN!! THE MOVING VAN ARRIVED BUT IT WAS NEVER UNLOADED. MS. O’CONNEL’S ACCOUNT DID RECEIVE THE LAST MONTHS RENT! TWAS VERY SURPRISED TO SEE THESE CHARGES BROUGHT BY MS. O’CONNEL AS SHE WAS INTO THE OFFICE THIS SPRING JOKINGLY ASKED “IF I NEEDED AN ASSISTANT AS SHE CERTAINLY WAS FAMILIAR WITH HER FORMER JOB!” AT THAT TIME SHE CERTAINLY GAVE NO INDICATION OF ANYTHING OTHER THAN HER ANGER AT THE TENANT. T HOPE THESE FACTS WILL HELP YOU IN YOUR INVESTIGATION. I WILL AWAIT YOUR NEXT INSTRUCTIONS. : SINCERELY, ‘CAROLYN J. SCHAEFFER ‘PROPERTY MANAGER

Docket for Case No: 00-000934