ay us ce 20 i STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ., FLORIDA REAL ESTATE COMMISSION , FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, > U -U C{ CQ U Petitioner, vs. FDBPR Case N° 2003071111 2003071113 ROCHELLE C. SWINDLE AND TANGERINE GROUP, INC. t/a Central Florida Rental Results, Respondents. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Rochelle C. Swindle and Tangerine Group, Inc. t/a Central Florida Rental Results (“Respondents”) 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 Section 20.165 and Chapters 120, 455 and 475 of the Florida Statutes, and the rules promulgated pursuant thereto. 2. Respondent Rochelle C. Swindle is and was at all times material hereto a licensed Florida real estate broker, issued license number 308701 in accordance with Chapter 475 of the Florida Statutes. The last license issued was as an active broker with Tangerine Group, Inc., 238 Wilshire mu C020 239 FDBPR vs Rochelle C. Swindle FDBPR Case N° 2003071111 Administrative Complaint Blvd. #101, Casselberry, Florida 32707. 3. Respondent Tangerine Group, Inc. t/a Central Florida Rental Results is and was at all times material hereto a corporation registered as a Florida real estate broker having been issued license number 270596 in accordance with Chapter 475 of the Florida Statutes. The last license issued was at the address of 238 Wilshire Blvd. #101, Casselberry, Florida 32707. 4. Atall times material hereto, Respondent Rochelle C. Swindle was licensed and operating as qualifying broker and officer of Respondent Tangerine Group, Inc. 5. On or about December 2000, John R. Harrison (“Owner”) entered into a property management agreement with Respondents for a property known as 7931 Bayflower Way, Orlando, Florida (“Property”). A copy of the agreement is attached hereto and incorporated herein as Exhibit 1. 6. On or about June 19, 2001, Respondents entered into a rental agreement (“Rental Agreement”) in reference to Property. A copy of the agreement is attached hereto and incorporated herein as Exhibit 2. 7. Respondents collected a $1,900 security deposit pursuant to this Rental Agreement. 8. On or about April 8, 2002, Owner terminated Respondents as manager of Property, and requested that Respondents transfer the security deposit to Premier Management Group, Inc., 4401 Vineland Road #A-9, Orlando, Florida 32811, c/o Peter Darby. 9. The Rental Agreement did not terminate until May 31, 2002. FDBPR vs Rochelle C. Swindle FDBPR Case N° 2003071111 Administrative Complaint 10. Respondents did not deliver the security deposit as requested. 11. Respondents applied the $1,900 security deposit to the Owner’s debit balance in her escrow account. COUNT I Based upon the foregoing, Respondent Rochelle C. Swindle is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. COUNT II Based upon the foregoing, Respondent Rochelle C. Swindle 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 Section 475,25(1)(b), Florida Statutes. COUNT Ili Based upon the foregoing, Respondent Rochelle C. Swindle is guilty of having delivered a deposit to the other party to a transaction before the transaction closed in violation of Rule 61J2-14.011 of the Florida Administrative Code and, therefore, in violation of Section 475.25()(e), Florida Statutes. COUNT IV Based upon the foregoing, Respondent Rochelle C. Swindle is guilty of failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement thereof was properly authorized in violation of Section 475.25(1)(k), Florida Statutes. FDBPR vs Rochelle C. Swindle FDBPR Case N° 2003071111 Administrative Complaint COUNT V Based upon the foregoing, Respondent Tangerine Group, Inc., is guilty of failure to account or deliver funds in violation of Section 475.25(1)(d)1., Florida Statutes. 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 of the Florida Statutes, 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 terms 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 Section 475.25(1), Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. The penalties which may be imposed for violation(s) of Chapter 455 of the Florida Statutes, 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 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 FDBPR vs Rochelle C. Swindle FDBPR Case N° 2003071111 Administrative Complaint 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 Section 455.227, Florida Statutes (2001) and Florida Administrative Code Rule 61J2-24.001. SIGNED this_) 5 day of _{20vem bew , 2003. Department of Business and Professional Regulation By: Jason Steele Director, Division of Real Estate ATTORNEY FOR PETITIONER ~ FILED > Jason W. Holtz, Senior Attorney Department of Professional Regeatiog® Florida Bar N° 304890 vision of Real Estate Division of Real Estate Department of Business and Clark a Professional Regulation, Legal Section - Suite N 801 Rie 6 oF Hurston Bldg. North Tower ™ 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX JCW/k TN mem FDBPR vs Rochelle C. Swindle FDBPR Case N° 2003071111 Administrative Complaint PCP: NH/LJ 11/03 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573, Florida Statutes 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, Florida Statutes; 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 twenty-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. PROPERTY MANAGEMENT AGREEMENT d entered, into this Qo%h day of Detenber- 4QOD, by and This agreement made between fee simple owner(s) of the subject pr al authority to execute the Agreement, hereafter designated as "OWNER’*, and Central Florida Rental Results, hereafter designated as "MANAGER". This agreement shall be governed by and construed in accordance with the laws of the State of Florida. OWNER hereby employs MANAGER exclusively and solely to rent and manage the property located aby City of 329% - County of and subdivision of “Cove ___, upon the terms and coniitions as set forth. This Agreement is merely intended to set forth the terms upon which MANAGER shall manage the property for and on behalf of the OWNER. MANAGER'S OBLIGATIONS: The OWNER grants to the MANAGER the following responsibilities, authority and power: A. To advertise the availability "for rent" or “for lease” of the premises and to display “FOR RENT or “FOR LEASE" signs. To screen and use diligence in the selection of prospective tenants and to abide by all fair housing laws. B. To negotiate and execute leases and rental agreements approved and/or on behalf of the OWNER. c. To collect rents, security deposits, and all other receipts, and to deposit such monies in @ trust account with a qualified banking institution, MANAGER shall not be held liable for bad checks nor does MANAGER guarantee the payment of rents by the tenants, but will make every reasonable effort to collect same when and as they become due. D. To serve notice of termination of tenancies, notices to quit or pay rent, and such other notices as MANAGER may deem appropriate. To hire attorneys for the purpose of enforcing OWNER’S rights under leases and rental agreements, and instituting lega} action on behalf of the owner. Attorney’s fees and cost shall be paid by the OWNER, F. To provide all services reasonably necessary for the proper management of the property including periodic inspections, supervision of maintenance, and arranging for such improvements, alterations, and repairs may be required of OWNER. G. To hire, supervise, and discharge all persons necessary in the operation and maintenance of the property. On improvements and repairs that exceed $ 200.00 in cost (except emergency repairs), the OWNER'S approval shall first be obtained. Compensation shail be in such amounts as approved and paid from OWNER funds. Manager to pay bills and charge same to OWNER. Owner to receive the benefit of all savings. discounts or rebates obtainable from contracts, supplies or services contracted by MANAGER for maintenance or repairs. MANAGER agrees to use only reliable workmen or contractors but assumes no recourse for repairs. H. MANAGER shail handle all tenant requests and negotiations that may arise from time to time. To cooperate with other Real Estate Brokers as is appropriate, J To submit monthly statements, postmarked no later than the 10th day of the month, recording all monies received and disbursed in connection with the management of the property, Such records shall be open for inspection by OWNER at all reasonsible times. MANAGER to render itemized statements of receipts, expenses, and accruals and to remit to owner receipts less disbursements and accruals for future expenses, In the event disbursements shall exceed receipts, OWNER shall promptly reimburse to MANAGER upon demand. OWNER assumes full responsibility for the payment of any expenses and obligations incurred in connection with the the exercise of MANAGER'S duties set forth herein. - 1of3 “Tl WN LEC 20 Pe ADMINISTRATIVE COMPLAINT PAGE cae ore a EXHIBIT. 4 PAG OWNER’S OBLIGATIONS: A. OWNER agrees to pay MANAGER fees for Services rendered at the following rates. Such compensation is due and payable on demand and may be deducted by the MANAGER from receipts. 1) Monthly Management fee (alt rental income) = 10% of monthly rent (minimum $50 other than prorated rent). M\a 5 la mond 2) Monthly Mortgage/2nd Mortgage /Association dues = @% of monthly rent. 3) Leasing/Rental Fee (Vacant)* = 50% of monthly rent. 4) Leasing/Rental Fee (Occupied) (maximum 55%) = 10 % of monthly rent. 5) Renegotiated Leases/Renewals* = 10% monthly rent + monthly Management fee (1). 6) Management Supervision of Capital Improvements and/or Remodeling exceeding $1,500 = 5% of expense, * Maximun once a year except in tenant transfers. B. The OWNER will be expected to “actively participate" in decisions regarding the management of the property(ies). The MANAGER in no way accepts the responsibility for any misinterpretations of the IRS tax code or the consequences for failure of the OWNER to meet the "Active Participation" requirements as prescribed by the tux code. OWNER should seek the advice of his accountant and/or attorney for opinion. C. The OWNER futher agrees to indemnify and save the MANAGER completely harmless from any and all costs and expenses incurred by MANAGER, including attorney's fees and costs at the trial and appellate levels, from any and all Proceedings, suits or other claims in connection with the management of said Property, except in the case of gross negligence or illegal acts by MANAGER, and from all liability from injures two persons or property suffered or sustained by any persons whomsoever. OWNER shall carry, at OWNER'S expense, adequate fire extended coverage, and public liability insurance, which Policy shall be so written as ta protect MANAGER in the same manner and to the same extent as OWNER. Said insurance shall require, by its terms and provisions, that the insurance carrier not be permitted to cancel the liability insurance coverage without giving thirty (30) days prior written notice to MANAGER. D. OWNER shult not hold MANAGER lIlable for any error of judgement, or for any mistake of fact or law, or for anything which MANAGER may do or refrain from doing hereinafter, except in cases of willful misconduct or gross negligence. E, OWNER to enter the property at reasonable intervals for the purpose of making inspections to affirm the habitability of the Property and to assure that MANAGER is performing management responsibilities as agreed, F, MANAGER assumes no responsibility for any late fees of penalties resulting from ‘ate payments of mortgage. Management suggests OWNER pay one mortgage Payment in advance at the beginning of this agreement. G. OWNER agrees that MANAGER may collect from tenants all or any of the following: bad check fees and late fees, If these fees are not paid, they may be deducted from tenant's security deposit upon vacating, Late fees charged tenants, effecting OWNERS prompt payment monthly, are to be split 50/50 upon collection berween OWNER and MANAGER . H. All funds advanced by MANAGER to pay any type of expenses incurred by subject Property will be reimbursed to MANAGER by OWNER within 15 days of monthly Statement receipt. A service charge of 1.5% per month will be added to the outstanding balance if not paid in full, unless other prior arrangements have been made with the MANAGER, L OWNER shall provide 3 keys to each door on the premises ongoing, 2 of 3 TRATIVE COMPLAINT we ADMINS EXHIBIT #1 el J. OWNER agrees to establish a fully refundable one hundred dollar repair account with the MANAGER. It is agreed that this ‘repair deposit is not to be viewed by OWNER as a deductible and that the full amount of any repair must to paid to the MANAGER. It is agreed that this repair deposit will be combined with other monies in the operating accounts of the MANAGER, The repair deposit will be deducted from the second moath’s OWNER rent proceeds. TERMS OF AGREEMENT This agreement is for a period of not less than 12 months, Either party may terminate this agreement by giving the other party 60 days written notice. Failure to give notice constitutes an automatic and continuous agreement by the partics to the terms set forth herein. OWNER muy terminate at anytime prior to Manager accepting a holding deposit from a prospective tenant for a fee of $100. In the event MANAGER procures a buyer or tenant procured by MANAGER purchases the property, OWNER agrees to pay MANAGER a commission of four per cent of the sales price. . This agreement shall become binding upon the heirs, successors, and assigns of the parties hereto, If not fully understood, seek the advice of an attorney prior to signing. DATED__}& arjoo DATED__. Zo CENTRAL FLORIDA RENTAL RESULTS by. AGEN 238 Wilshire Blvd. Suite 168 Casselberry, Florida 32707 407-332-9060 ‘ ADDENDUMS: MANAGEMENT PLAN EQUIPMENT INVENTORY PROPERTY INSPECTION OWNER #1 OWNER #2 Hoon Son PULL nawe_CAdouind Gr Waterson) SOCIAL SECURITY #/FED-ID # Sod (te krtiare BA MAXuine appREss___ rA@ean ne? Aurtmravrdee, MD 2 ey stare, 21°. ee ole S49- 190) ome Powe # WORK PHONE @ | -549- 333 FAX PHONE # _ OTHER 3 of 3 \ ADMINISTRATIVE COMPLAINT EXHIBIT # We ceogmsy met ee J RESIDENT Ay LEASE - RENTAL AGREEMEN This Agreement made and entered into wigs Dy of JUNE, 01— by and belween Cente Florida Rental Results, as agent fur Ute Owner, and will be paid for services, scndered by the Owns. hereinaer called LANDLORD, and & NET Ni Jointly and separately hereinafter exiled ‘TENANT. Fe § E ies FRANCIS GUY C \ Mis expressly understood Unal this Agroement is between the LAN DLOND and cacls sigsalory joindy and severally, Each signatory : shall be responsible for timely pavarcyt of rent and performance of alt other provisions of this Agrcenicat, nn are a ; ; a EN ANT wi 704 GEC 20 FP le: Jn consideration of the represcnlitions made in the application filed by ‘TENANT with LANDLOLW and of the mutual cuvenants contained herein, the parlies hereto agree as follows: ‘The LANDLORD hereby rents ‘TENANT and TENANT hereby reals fiom LANDLORD the property Jucated at , rn pias, i ORL, County of ORANGE , Florida, hereinalter called PREMISES, tur an initial tevin of : : 7931 BAYFLOWER WAY. 1d months and _6 days. commencing, on IUNE_2 5, 2001_, and continuing uni! MAY 31, 2002. Rent shall be 5.2000. 0Qxr month, payable the Ist day of cach month to the LANDLOIW, at 238 Wilshine Bivd,, Sate LF, | Casselberry, EL 32707 ur at such otter places ns «ay be designated Uy LANDLORD from Une to time, Prontted rent in he a nowt : of $400 - 0s due JULY 2, 01, for a total rent of §_ 22,400.00 . ———— fall be used ‘and occupied by TENANTS, consisting, of 2 adults and 2 children, Guest(s) skip ty more nt of LANDLORD shall constitute a violation of this Agreement. pul state and federal The subject pre«iscs s! than a total of 14 days ina calendar'ycar without writtcn conse TENANT and gucst of TENANT shall comply with all statutes, ordinances and requirements of alt municl i authorities now in force, OF which may hercafler be in force, pertaining 10 the use of the premises, [fF premises 1s fucated in ay aie | where rules and regulations arc enforced, TENANT and gucst of TENANT inust comply, Rules and regubatvons are Hereby mane at part of this Agreement. PETS: TENANT shall not keep sity animals of caged animals of any description without the written consent of LANDLORD, 10 consideration of permission by LANDLORD of TENANT keeping ___L. DOG ___ oS id premises, TENANT has paid LANDLORD an carned and non-refundable pet fee of S. 450.00_. In the event TENANT keeps a pet on the prenuses 0 ithout xian oF S100, permission of LANDLORD, then TENANT agrees (0 pay LANDLORD a duuble pet fee, FIXTURES, MAINTENANCE AND REPAIRS; LANDLORD shall furnisls the fotlowing items as part of this agreement ' X_ Refrigerator kL. Garage Door Opencr(s) ___ X_ Range _xX— Dlinds/Veaticals . ____X_. Microwave __= — Drapes/Rods ____X__ Distiwasher XK. Carpet ___-X_.. Disposal __-X_ Central Air and [eat ; ___X__ Ceiling Fans a Room Air Conditioners -0- The above itéins are to be considered part of the premises and TENANT agrees stot to abuse these items ur remove then fume the premises, and at all imes, maintain in good condition and repair. The atlached inspection form is to be completed by the ‘TENANT reporting any and all conditions of the premises, ALL REPAIRS MUST BE ORDERED BY LANDLORD, AND REPAIRS DONE BY ‘TENANT WITHOUT PIUOR WAUTTEN APPROVAL WILL BE AT TENANT'S OWN EXPENSE, “Te ANT shall promplly report any and all repairs of provicms with promises. lt the case the TENANT is fuund tv have caused a maintenance problem of not reported the problem promptly to LANDLORD, TENANT will be charged with the cust of repair, SECURITY DEMOSIT: in the amount of $19.00. OQn/or advanced rents are being held in a non-interest bang, account itt Fainvinds Fodcrat Credit Union in Fern Park. “The sccurity deposit shall secure Use performance of “TENANTS oblizations hervin, Such deposit is to be refunded to TENANT upon vacating the premises a the expiration of termination of this Agr oF any deducting any and all charges, due LANDLORD under the teas of this Agreement. ty the event of a bot fide sale, subject to this Agreement, LANDLOIW shall haye the right uansfer'such security deposit to the purchaser for the benefit of TENANT, and LANDLORD shall be considered and will be thereby released by PENANT (rom att fiability for the wen of such security deposit, and ‘TENANT agrees, in such cvent, lo look solcly to the new LANDLORD/PUNCHASER for the ectuut of the deposit and for the performance of the obligations hercin by LANDLOND, Jn the event the sums due herein by TENANT to LANDLORD exceed the socurity deposit, (for reptirs or under any provisions hercol), T! “T agices to pay any additional swans duc over and above said scourity deposil te LANDLORD within Uhisty (30) days after nolification of such suns duc LANDLOKD. Any balance ronmining ypon termination shitt be ceturned Le ‘LENANE. - (This is not rent and not be applicd tuwards the last montis rent pay nies.) renewal thercof, aNer RENT PAYMENTS: Rent is duc in the office of the LANDLORD by the day stated herein, preferably by tnail, Al payments duc inust be in the form of chock, moucy ordct, or cashicr’s check. CASH WILL NOT BE ACCEPTED. NO CASH IS KEPT AT THE OFFICE OF THE LA NDLORD. LATE PAYMENTS AND RETURNED CHECKS; Tine is of the essence, If rent is not reovived in the office of Central Ford Rental Results by the THIRD (3rd) day of cach calendar month, TENANT agrees to pay 2 5% lute charge on the tulal amount owed, plus $5.00 per day thereafter util cent is current. TENANT understands thal this may require carly mailing, A charge of Se will be made in the event of any returacd checks, and such returned check will be considered a fate paynicut, All late charges tad . a returned check charges shall be considered as rent due and shall be included in any lien for rent. All charges will be pared with tent, Bo The acccprance by the LANDLORD of cental payrucals after the duc date of any month and eecerpt Uy the LANDLORD of tess thin 7 if full amount of the rent duc, shall not affect or waive the LANDLORD'S tight to terminate this Agreement, Late pavinent chatpes “C PIC o the maximum cite allowed by knw, . and returned check charges are subject to a manitnum of 18% A Page 1 ‘fs Ke EXHIBIT__2_—__ PAGE TILITIES; TENANT shail ke respons for payment of all utilities and services br “be assessed upon the prem! uring the term hereof, except as otherwise agreed to herein. TENANT to have installed and ma... cain continual telephone servi aU TENANT'S expense) on the premises. TENANT will inform LANDLORD of new telephone number within seven (7) da. a AWN AND SHRUBBERY: TENANT agrces to keep exterior of premises in a clean and safe condition by maintaining lawa © nd shrubbery. TENANT shall irrigate and keep premises clean of weeds, rubbish, junk automobiles or parts, or other debris AQ thich affects the appearance of the premises. TENANT agrees lo notify LANDLORD of any infestation of chinch bugs, moles, rickets, fungi, bugs, cic., in the grass or shrubbery. IF TENANT DOES NOT KEEP THE PREMISES IN A CLEAN AND SAFE *ONDITION, LANDLORD CAN. ORDER THE WORK DONE BY AN OUTSIDE PARTY AND CHARGE THE ‘TENANT UP *0 ONE HUNDRED AND FIFTY DOLLARS ($150.00), condo unit or duplex, TENANT is responsible for the extermination EXTERMINATION: If premises is a single family home, LANDLORD deems necessary. if roaches, ants, rals, or mice, otherwise LANDLORD will exterminate same in such a manner aS PRANSFER: In the event TENANT is not otherwise in default herein, if TENANT is transferred by his employer for a distance T furnishing LANDLORD with evidence satisfactory to sf more than fifly (50) miles from the premises, then upon TENAN LANDLORD of such transfer and upon LAN DLORD receiving 30 days notice of such transfer in writing, LANDLORD agrees that one half (1/2) of said security deposit shall be returned to TENANT. In the event TENANT is in the military service and furnishes LANDLORD evidence of military transfer, than the entire security deposit shall be returned by LANDLORD to T! ENANT. CANCELLATION: It is agreed that unless LANDLORD gives TENANT, or TENANT gives LANDLORD notice in writing of an intention to terminate the Agreement, al {cast 30 days prior to the end of the original or any renewal term of this Agreement, this Agreement shall renew itself from month to month, until terminated by such notice, upon all the terms, covenants, conditions and provisions herein contained, SUBLETTING OR ASSIGNMENT: TENANT shall not assign this Agrecment or any interest, or sublet the premises or any part thereof, without LANDLORD'S prios written consent, which consent LANDLORD may condition in any manner or conclusively refuse. LANDLORD or their agent, at any reasonable time and with 24 bour prior notice to ENTRY: TENANT agrees to and allows making repairs, or showing the TENANT, excepl in an emergency situation, to enter the premises for the purpose of inspection, premises "for sale" or forthcoming vacancy, LANDLORD shall not abuse the right (o enter. LOCKS: TENANT shall not remove, change or add locks to the premises without the consent of the LANDLORD. LANDLORD shall at all times have keys for access to (he premises. ALTERATIONS AND IMPROVEMENTS: TENANT shall make no alterations to the premises without the written consent of the LANDLORD and any such alterations or improvements shall become the premises of the LANDLORD, LANDLORD shall not be subject to any liens for improvement contracted by TENANT. DAMAGES TO PREMISES: If the premises are so damaged by fire, rain, wind or from any other cause as to render them untenantable, unless the same shall occur for any reason which TENANT is liable, then the premises shall be required within a reasonable time at LANDLORD'S expense and there shall be a proportionate reduction of rent until the premises are repaired and ready for TENANT'S occupancy. The proportionate reduction shall be based on the extent to which the making of repairs interferes with TENANT'S reasonable use of the premises. In case of total destruction or substantial damage of the premises, this Agreement shall cease and terminate. DEFAULT AND ABANDONMENT OF Premises: If TENANT shall fail to pay rent when due, or perform any term hereof, after not less than a three (3) day written notice of such default given in the manner required by law, the LANDLORD, at their option, may terminate all rights of TENANT herein, unless TENANT, within said time, shall cure such default. LANDLORD may consider any property left on the premises to be abandoned and may dispose of the same in any manner allowed by Jaw. If property abandoned appears to have no value, it may be discarded. All property abandoned having value, LANDLORD shall be under no obligation to provide storage, TENANT agrees that property may be sold, removed, discarded or any other disposition of the property as LANDLORD deems necessary. LANDLORD shall have such other additional rights and remedies as are provided for or permitted under the statutory or case law from time to time enacted or existing in the Sate of Florida. if TENANT abandons or vacales the premises, POSSESSION: If LANDLORD is unable to deliver possession of the premises on the date stipulated herein, LANDLORD shall not be liable for any damage caused thereby, nor shall this Agreement be void or voidable, but TENANT shall not be liable for any rent until possession is rendered to TENANT. INDEMNIFICATION: TENANT agrecs that LANDLORD and/or Owner shall not be liable for injury or damages on or about the premises except where such is due to LANDLORD'S negligence. TENANT shall be responsible for obtaining fire, extended coverage and liability insurance with respect to the personal contents of TENANT on the premises, as well as to protect LANDLORD from liability as a result of actions on the part of TENANT and/or their guests, invitces or licensees. Insurance is required with LANDLORD/OWNER as co-insured with use of waterbed(s). TENANT to provide LANDLORD a copy of the Certificate of Insurance, Owner’s insurance does not cover TENANT'S personal properly. loy an attorney lo enforce the terms and conditions of the premises from TENANT, TENANT shall pay legal action is filed or a judgement is obtained. ATTORNEY'S FEES: In the event that LANDLORD is required to empl and/or the cules and regulations of this Agreement, or to recover possession and be fiable for reasonable attorney's fees and court costs whether or nol a SPECIAL CLAUSES: TENANT agrees that no representation as to such order, condition, and repair has been made and no promise made to decorate, alter or improve the premises unless otherwise specified in writing. No modification of the Agreement Page 2 PA coe an term and conditions hereof, BS made or agreed 1o in wriling and signec¢” LANDLORD, shall be effectiv 4 enforced. © . NX Ail questions concerning ihe meaning, execulion, construction, effect, validity and enforcement of this Agreement shall be inte) and resofved in accordance with the laws of the State of Florida. Z TENANT acknowledges that the security deposit may not be applied as rent and agrees that the full month's rent will be paid on time, including the last month of occupancy, This inspection form is to be rcturncd to LANDLORD within 30 days of signing of this Agreement, If the inspection form is not returned within 30 days of this Agreement, TENANT acknowledges that the premises are in good order and repair. QUIET ENJOYMENT: Subject to the foregoing and as long as TENANT shall not have defaulted ia the performance of an obligation under this Agreement, then TENANT shall peaceably and quictly have, hold and enjoy the premiiscs in accordance with the terms of this Agreement. RADON GAS: Radon gas is a naturally occurring radioactive gas that, when it has accumulaicd in a building in sufficicut quantitics, may prescnt 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 the County public health unit, WITNESSES: TENANTS(S), "Xt ley «i! fe Tenant Date Heavy blialor Tenant Date As Agent for Landlord Central Florida Rental Results ADDENDUMS: Security Deposit Agreement Property Inspection Form Accepted by Owner Date ADMINISTRATIVE COMPLAINT EXHIBIT #2 PAGE OF Page 3

Docket for Case No: 04-004494