({-aaoT7 PC STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, Petitioner, v. DBPR Case N° 2008048014 CRISTAL COLEMAN, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (“Petitioner”) files this Administrative Complaint against Cristal Coleman (“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 Section 20.165 and Chapters 120, 455 and 475, of the Florida Statutes and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate sales associate, issued license number H:\ac\coleman,cristal.doc FDBPR v. Cristal Coleman Case No. 2008048014 Administrative Complaint 693909 in accordance with Chapter 475 of the Florida Statutes. 3. The last license issued was as an involuntary inactive sales associate at 94500 Overseas Hwy. #411, Key Largo, Florida 33037. 4. For the period from January 4, 2005 until March 31, 2008, Respondent was duly registered as a sales associate with Cristal Clear Realty, LC d/b/a Waterfront Resort Realty. A copy of the licensing record is attached hereto and incorporated herein as Administrative Complaint Exhibit 1. 5. Respondent knew or should have known that Cristal Clear Rentals, LLC is a Florida Limited Liability Company registered with the Florida Department of State, Division of Corporations. A copy of the corporate licensing is attached hereto and incorporated herein as Administrative Complaint Exhibit 2. 6. On or about December 5, 2007, Respondent became sole Manager for Cristal Clear Rentals, LLC. A copy of the corporate record is attached hereto and incorporated herein as Administrative Complaint Exhibit 3. 7. Respondent knew or should have known that Cristal Clear Rentals, LLC, is not now, nor was at any time materials herein, registered as a licensed brokerage in the state of Florida. HAac\coleman,cristal.doc 2 FDBPR v. Cristal Coleman Case No. 2008048014 Administrative Complaint 8. Prior to becoming Sole Manager and Managing Member of Cristal Clear Rentals LLC Respondent was the property manager for Cristal Clear Rentals LLC rental properties. 9. On or about March 10, 2005, Richard Bloom entered into a property management agreement, for the property located at 730 Fleming Street, Key West Florida (Subject Property) with The Real Estate Company of Key West, Inc. Said agreement provided for The Real Estate Company of Key West, Inc. to collect security deposits, accept or deny tenant applications, and negotiate issues that come up. Said agreement also provided compensation to The Real Estate Company of Key West, Inc. for their services. A copy of the agreement is attached hereto and incorporated herein as Administrative Complaint Exhibit 4. 10. The Real Estate Company of Key West, Inc. was acquired by Cristal Clear Rentals, LLC in 2006, along with the property management agreement for 730 Fleming Street, Key West Florida. 11. On or about November 29, 2007, Cristal Clear Rentals, LLC entered into a lease for the Subject Property for the period from December 1, 2007 to May 31, 2008, for the monthly rent of $2,200 with Blair Nelson, Jill Fields and Wendy Carlisle (Tenants). The lease provided that a security deposit of $2,200 would be rolled Htac\coleman,cristal.doc 3 FDBPR v. Cristal Coleman Case No. 2008048014 Administrative Complaint from the previous lease. A copy of the lease is attached hereto and incorporated herein as Administrative Complaint Exhibit 5. 12. Respondent collected rent from Tenants during the rental period. 13. On or about May 6, 2008, Respondent communicated to Landlord that there were no funds to pay Landlord for any rental payments or security deposits collected from Tenants but not paid to Landlords. A copy of the communication is attached hereto and incorporated herein as Administrative Complaint Exhibit 6. 14. On or about May 7, 2008, Landlord requested the return of his security deposit and last month of rent payment for Subject Property. A copy of the communication is attached hereto and incorporated herein as Administrative Complaint Exhibit 7. 15. Respondent failed to return the security deposit to the Tenants or to the Landlord or place a claim for damages to the Subject Property. COUNT ONE 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 Section 475.25(1) (b), Florida Statutes. H:\ac\coleman, cristal.doc 4 FDBPR v. Cristal Coleman Case No. 2008048014 Administrative Complaint COUNT TWO Based upon the foregoing, Respondent is guilty of failure to account or deliver funds in violation of Section 475.25(1) (d)1., Florida Statutes. COUNT THREE Based upon the foregoing, Respondent is guilty of aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to Chapter 455, 475 or the rules of the Petitioner in violation of Section 455.227(1) (j), Florida Statutes. COUNT FOUR Based upon the foregoing, Respondent is guilty of having operated as a broker while licensed as a sales associate in violation of Section 475.42(1) (b), Florida Statutes and, therefore, in violation of Section. 475.25(1) (e), 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 H:\ac\coleman,cristal.doc 5 FDBPR v. Cristal Coleman Case No. 2008048014 Administrative Complaint 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 $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 permittee 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 and Florida Administrative Code Rule 6132-24.001. 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 permittee to complete and pass additional real estate education courses; publication; H:\ac\coleman,cristal.doc 6 FDBPR v. Cristal Coleman Case No. 2008048014 Administrative Complaint restriction of practice; injunctive or mandamus relief; imposition of a cease and desist notice; or any combination of the foregoing which may apply. See Section 455.227, Florida Statutes and Florida Administrative Code Rule 61d02-24.001. Signed this &9 day of ax , 2009. ATTORNEY FOR PETITIONER Division of Real Estate Department of Business and Professional Regulation, Legal Section - Suite N 801 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1757 (407) 481-5632 (407) 317-7260 FAX /k PCP: RD/NH 2/09 H:\ac\coleman,cristal.doc ; , . 7 FDBPR v. Cristal Coleman Administrative Complaint NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under Section 120.573 of the 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 allowed by law, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57 of the 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. H:\ac\coleman,cristal.doc 8 : Bus Dananments Division of Real Estate . Thomas O'Bryant, Jr., Director Bu ‘| n es . 400 West Robinson Street, N801 Professi A5 | _ Orlando, Florida 32801-1757 : Reg ula fl on : 407.481.5662 + Fax: 407.317.7245 Charles W. Drago, Secretary CERTIFICATION 1, THOMAS W. O’BRYANT, JR., DIRECTOR OF THE DIVISION OF REAL ES , DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CERTIFY THAT THE ABOVE SEAL IS THE AUTHENTIC SEAL OF THE STATE OF FLORIDA, AND THAT THE RECORD BELOW SETS FORTH ACTIVITIES OF THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE. Cristal Renae Coleman, Sales Associate, License #SL — 693909 That on September 15, 2000 Cristal Renae Coleman passed the Florida Real Estate Sales Associate examination; , That from Sepotember 15, 2000 to September 20, 2000 her license was in an inactive status. That on September 20, 2000 the Department of Business and Professional Regulation received a 400.5 status change form from Century 21-Sunbelt Realty #1, Inc., license number CQ 1006201, located at 13640 Six Mile Cypress Parkway, Fort Myers, Florida 33912 registering Cristal Renae Coleman as a sales associate; That on September 20, 2000 the Department of Business and Professional Regulation received a 400.5 status change form from Century 21-Sunbelt Realty #1, Inc., license number CQ 1006201, located at 13640 Six Mile Cypress Parkway, Fort Myers, Florida 33912 removing Cristal Renae Coleman as a sales associate; That from September 20, 2000 to June 20, 2002 her license was in an inactive status. That on June 20, 2002 the Department of Business and Professional Regulation received a 2050 status change form from’ R.D. G. FLA ‘Group, Inc., license number CQ 1007492, located at 12800 University Drive, Suite 400, Fort Myers, Florida 33907 registering Cristal Renae Coleman as a sales associate; That on January 4, 2005 Cristal Clear Realty, LLC doing business as Waterfront Resort Realty license number CQ 1020607, located at 81581 Old Highway, Islamorada, Florida 33036 registered Cristal Renae Coleman as a sales associate using the Department of Business and Professional Regulation internet services; That effective March 31, 2008 Cristal Clear Realty, LLC doing business as Waterfront Resort Realty license number CQ 1020607, located at 81581 Old Highway, Islamorada, Florida 33036 became invalid due to non renewal of the real estate license for the qualifying broker Fred D. Clark, license number BK 3106311; That from March 31, 2008 to the Present said licensee is invalid due to no employing broker, or no filing of request to remain a sales associate under another broker ADMINISTRATIVE COMPLAINT 4b LICENSE EFFICIENTLY. REGULATE FARLRIT 7r — WWW.MYFLORIDALICENSE.CQ$4 or Lk Disciplinary Actions There is no record of any disciplinary action against Cristal Renae Coleman. Certified at Orlando, Florida this 6th day of November 2008. Thomas W. O’Bryant, Jr., Direc Division of Real Estate vision of Real Estate ADMINISTRATIVE COMPLAINT. 9/9/2008 : www.sunbiz.org - Department of State. Detail by Entity Name Florida Limited Liability Company CRISTAL CLEAR RENTALS, LLC <3) Elling Information USWA Gh Ow Bom at age Lm RL, afc Document Number 106000056041 FET Number 205122328 ‘Date’ Filed 06/01/2006 Fl. ACTIVE LC AMENDMENT 12/10/2007 Registered Agent Name & Address LONE, DANIELS -— SOLD-HWY" MORADA FL 33036 US Annual Reports _ : AUWHNISTRAT IVE COMPLAINT http://sunbiz.org/scripts/cordet.exe?a... ARTICLES OF AMENDMENT TO ARTICLES OF ORGANIZATION Op Cristal Clear Rentals, LLC tName} - (Presen : (A Florida Limited Liability Company) FIRST: The Articles of Organization were filed on 260112006 —___ and assigned document number 06000056041 SECOND: This amendment is submitted to amend the following: Remove F Dave Clark and David W Schwarz as Managers ar and rskacew with Cristal Coleman. Gastal Coleman wi be the 1e-only Manager af ‘the Company, - “RONINISTRATIVE COMPLAINE— ~*~ a : _ EXHIBIT #_ 3 ee oo ESS AGE ORES Be) The Real Estate Company of Key West, Inc. po ~ 701 Simonton Street - _...Key. West, FL 33040 PROPERTY MANAGEMENT AGREEMENT pate Iro LOS owner: MELWAAQ 5 BLOOM SSNHBZR-S6- 7277 Property Address:"] 3 O : Sk. ___ Key West, FL 33040 Owner’s Address: \“4~C Wr«~o — S3c Kan \ otk a 3300 .. AGENCY: The Real Estate Company of Key West, Inc. is hereby designated as the exclusive agent for the owner for the purpose of managing and renting the above designated property, located in Monroe County, Florida. an ine : Rese Bie Soe GA off eit OL TERM: This agreement shall begin on s\elos and end on>\(0| Ol. Itshall automatically renew for additional years unless either party requests otherwise by biving thirty (30) days written notice. Should this agreement be terminated for any reason, owner agrees to honor any and all confirmed rental bookings and agent shall receive full commission. RENTAL RATES: The agent shall use his best efforts to rent the property at the following rates. Any negotiation in excess of 20% off these rates must be with the consent of the owner: ¥ & - y ‘ ’ ; 9 Prrvel eda House. * S200 perk pes de “ NA cxhoge ¥ Soo COLLECTION OF REVENUE: Agent shall take all reasonable steps to collect and enforce the collection of all rents and other fees due. RECORDS:, Agent shall maintain accurate records of all income and expenses ass jiated with mana; ement . of the above property. Such records shall be available for inspection by the owner at ali dormial oftice Hours.” DISBURSEMENT OF REVENUE: After rental collections, agent shall first pay all operating expenses, brokerage fees and all other property maintenance expenses. Owner's reports will be mailed monthly along with a check for all excess funds in owner’s account, keeping a minimum of $300.00 to cover expenses. CREDIT CARDS: Owner shall pay agent the current bank processing fee (approx. 2.5%) of all credit card transactions charged by tenants to defray those costs. REPAIRS: Agent is hereby given the right to proceed with necessary repairs to maintain the property. Permission of the owner is required for any repairs over $300.00 unless agent deems that an emergency exists and the value of the property could be adversely affected. AGENT RIGHTS: Continuous access to the property, permission to advertise the property for rent and permission to determine the amount of tenant security deposits. AGENT AUTHORITY: Ag that come up, enlist legal counsel on behalf of the owner when necessary and any and all things that are customary to the efficient management of the property. INDEMNIFICATION OF AGENT: Except for the willful misconduct of the agent, owner agrees to indemnify agent against all costs, expenses, attorney's fees, suits, liabilities and damages from or connected with the management of the property by agent or the performance or exercise of any of the duties, obligations or powers herein-or hereafter granted to the agent. If suit is brought.to.collect.the agent’s compensation or if agent successfully defends any action brought against agent by owner, relating to this agreement or the property, owner agrees to pay all costs incurred by agent in connection with such action, including a reasonable attorney’s fee. INSURANCE: Owner agrees to carry bodily injury, property damage and personal injury public liability insurance in limits of not less than One Hundred Thousand/Three Hundred Thousand (£190,900.00/$300,000.00) insisying the agent as,well as. the owner for the entire time of this contract, REIMBURSEMENT OF ADVANCES BY AGENT: Owner agrees to reimburse agent, on demand, for any monies advanced for the account of the owner in carrying out the purpose of this agreement. LISTING AGREEMENT: If, during the time covered by this agreement, the owner decides to sell the - property, then agent shall have the exclusive right to sell same on behalf of the owner, at the price, terms and conditions indicated by the owner. If a sale is made, agent shall be entitled to receive from owner a real ‘estate brokerage commission equal to Six Percent (6%) of the gross sale price, such commission to be paid. through escrow and on the closing thereof, or, if there is to be no escrow, then on recordation of the deed. COMPENSATION: Agent shail be entitled to a brokerage fee in the sum of Ten Percent (10%) of each rental amount for rental terms of one year or longer, Fifteen Percent (15%) of each rental amount for rental terms of longer than four months but less than one year and Twenty Percent (20%) of each rental amount for rental terms of four months or less. All sums due agent shall be deducted on a monthly basis from the funds held by the agent. . ESCROW DEPOSITS: All owner’s monies and all advanced deposits and advanced rents (tenant’s money) are deposited with First National Bank of the Florida Keys, in The Real Estate Company of Key West, Inc. - Property Management Escrow Account... cat baal be Date of Execution: 3| {2} Oy Owner, Agent: urke, Principal Broker dal Estate Company of Key West, Inc. IB ADMINISTRATIVE CO EXHIBIT 3 it is hereby appointed agent of the owner to institute tenant eviction, rent and = séciirity deposit collection; tetiatit application acceptance or denial, payment of expenses; negotiate issues ' - CRISTALCLEAR —... RENTATS — [HIS RENTA and OCCUPANTS:___N/A ; Only those adult persons whose names appear on this agreement and those children as indicated hereon may reside at the property. This rental property is to be occupied solely ] for the purpose of private housing and for no other purpose. oo, : TERM: Commencing on December 1, 2007 _ and continuing for a pesiod of _6__months and_0 days thereafter. Ending May 31, 2008. address after the 5" day of the month (including wecken and holidays) a late charge of one (1%) percent per day of the unpaid rent willl be due as additional reat. Managing =, Agent aeserves the cight to-refluse acceptance of rents five (5) days after tenant is served with a demand for rent or possession as provided in Florida Statutes. If Tenant’s check is dishonored by Tenant’s bank, a service fee of $50.00 will be due as additional rent. Two dishonored checks will result in Managing Agent requiring ing all future payments in the form of cashier's check or moncy order. AUNUINIOI RAL Vc CUMPLAINE EXHIBIT #____—. PAGE «OOF Included in rent Contracted for by Tenant (or reimbursed by Tenant 23 additional rent when duc) [ ] Electricity , [!] Electricity {] Water (1] Water {]LP ges {] LP gas [2] City sewer/solid waste/storm water (] City sewex/soliid waste/storm i [] Cable TV {!] Cable TV : . [ ] Telephone [!] Telephone [ ] Pool service/chemicals [| Pool service/chemicals ' [ ] Yard service to maiatain yard [ | Yard service to iusaintain yd. | im move-in condition in move-in condition : 4 [] Pest control [] Pest control {| Security alarm service (| Secarity alanm service SECURITY DEPOSIT & LAST MONTHS RENT: Monies from Tenant for security deposit and last months rent in the amount of $_ 4,400.00 ($2,200 security deposit rolled from previous lease) will be held in a Non-Interest bearing account at Bank of America. Tenant’s security deposit may not be construed or ‘applied as rent, but as good faith deposit to Tenant's faithful fulfillment of cach condition of this Agreement and 1 ihe’ pronecty be sent to Managing Agent’s office. If cither party institutes an action in a court of competent jurisdiction, with the original venue in Key West, Monroe County, Florida, to adjudicate a right to a security deposit or amy other matter arising out of this Agrecacat, the prevailing party is entitled to receive court costs plus reasonable attorney’s fees. If AUNINES TRATIVE COMPLAINT EXHIBIT 4S ns Une AGE og Re . IPRS: No pets mey-be kept at the property without Managing Agest’é prior @ritten ‘notice. When vacation of the property is required for such extermination, Managing enact notifice Managing Agent of is desie to vaca’ rier the ngrvedicrm beret, damage/cleaning costs incurred to restore property to the original move-in condition, reasonable wear and tear exoopted; and (3°) To a fee of $200.00 for Managing Ageat’ s re-rental expenses which include but are not limited to advertising, screening saving cows, Ay rae bce einige Temas ry eet cst wl h ntil a replacement Tenant, suitable ~~ dhe wecurity deposit aiall be applied as follaws: (1%):To any unpaid reats duc or aconied ae nan _| until. replacement-Tenant suitable to-Managing-Agent has paid rent;-@2"2)-To-any ~~~ feos nee ee ASSIGNMENT/SUBLETTING: Tenant may not assign this Agreement or sublet any portion of the property without Managing Agent’s prior written consent. RIGHT TO ENTER: Managing Agent may enter the property at any time for the purpose of preservation of the property, or upon reasonable notice (twenty-four hours) in writing to Tenant for purpose of inspection, maintenance and repair, or as otherwise provided by the laws of the State of Florida. REPAIR AND MAINTENANCE: Managing Agent shall comply with applicable building, housing and health codes. Managing Agent shall make reasonable provisions for the extermination of rats, mice, and wood destroying organisms. Tenant shall be required to vacate the property pursuant to this provision on seven (7) days written. Agent shall not be liable for damage but shall abate the rent. Managing Agent warrants pape prin temmerecip udev Soreairsitterpis pmirk tps the © mf SRE: DS We a ee eee nan tt Sciicingfieting (Cpplicabe) all bo Tenant’s misuse oc neglect. Tenant is responsible for all minor maintenance items up to $__n/a repair cost, shall change all filters monthly or as necessary, and shall use all fixtures and systems in the manmer designed. Tenant shall be responsible for all drain and toilet blockage occasioned by Tenant’s misuse, neglect or accident. Tenant is responsible for removal of trash and garbage from the property. Damage to locks or lost keys will be repaired/replaced at Tenant’s expense. It is Tenant’s responsibility to report any drips, ee relating Watcr or ether maimtenanice issucs. Any damage to the property caused by Tenant, Tenant's family or Tenant's invitees whether by misuse, neglect or accident, AUNVEINISTRALIVE Gone Laintr EXHIBIT # ST ; —_ 6 ennai PAGE GF Ds al ALTERATIONS: Tenant will a nulky alterations or adtions nor inetalt ithe property ‘altezations, additions or fixtures accepted by Managing Agent shall become part of the fixtures, devices or appliances without Managing Agent’s written consent. Any Tene property walens apociDealy agrosd to ofhcewnse in weiting, “ wey eee TERMINATION: Written notification from Tenant is required thirty (30) days prior to expiration of this Agreement as to intentions to vacate property or re-negotiate a new Agreement. If Tenant wishes to vacate property, last months reat will be applied. If Tenant wishes to re-negotiate and Landlord agrecs a new Agrecinent will be executed and ast months rent will be retained. Upon receipt of notice of termination, Tenant agrees to allow the property to be shown to prospective tenants with twenty-four hour padre yf ABANDONMENT, 15 DAMNED BY CHAPTEE&3, ELOGSDA STATUTES, LAXDEORD SARL NOT BE LEABLE Gl RESPOPRGIDLE POR STORAGE OR DISPOSITION OF TENANT'S PERSONAL PROPERTY. — . HOLDING OVER: If Tenant fails to deliver all keys and move on or before the termination of this Agreement and any rencwal Agreements, Tenant shall pay for the excess period a sum equal to two (2) times the rental rate of this property, prorated on a daily basis. DEFAULT: If Tenant fuils to pay reat immediately as required and such violation is not concerning tame, ci Tenant fem comply ith ny other proven oft : LEGAL PROCEEDINGS: Tenant ercty acknowledges end agrcs that in sx ection foe ™ eviction, collection of rental monies or management in any form of this Agreement, that Managing Agent as Landlord is specifically catitled to act as Plaintiff in any action at law 4 USOTRATIVE COMPLAINY ignstedas on behalf of the == | ~ a of another breach of this Agreement by Tenant may not be construed as a waiver of Managing Agent's tights under this Agrecmont or as an election not to proceed under the Boe & we 8 Ig NOTICES: Any notices to Tenant or Managing Agent required by this Agreement shall be. mailed and shall be deemed delivered when deposited at the post office, postage prepaid, by certified mail, return receipt requested or posted on door, unless otherwise ‘specified elsewhere in this Agreement. : : POSSESSION: If propecty is not ready for Tenant’s occupancy on the beginning date of . this Agrecmeat duc to causes beyond Managing Agent’s control, Tenant has the option to . extend the beginning date accordingty, but in no event more than thirty (30) days, at- POLICIES: These policies are for the mutual benefit of the patties of this Agreement and are made part of same. Tenant agrees to observe such further reasonable policies as may later be required for the necessary, prope! and orderly care of the property. ther spunds which impinge on.» ucighbosing cccupant’svight ~~) ill be ithed b. No awnings or other. including air conditioners, antennas or wiring ‘may be attached to or extended from the outside of the propesty without prior written consent of Managing Agent. c. d. No water-filled furniture may be used at the property unless Owner and Managing _ o Agent are protected for full loss by Tenant’s insurance and approved in writing by £ Only currently licensed passenger vehicles may be parked in the spaces provided <5 (if any). Non-passenger vehicles, boats, motorcycles, campers, trailers etc. may be O parked only with Manag Agent’s prior written consent. . 19 ALMINID RAI WE COMP gt EXHIBIT #2 arr Ss < — PAGE > OF { eg Be ah Oi he aoe eee eer creonetty ogee tine of tack nporty rom crimsal acs of others. Tenant is responsible for all insurance coverage on Tenant’s personal property, and, with respect to tenant’s family, licensees or invitees, agrees to hold harmless Owner __ and Mansging Agent from any such liability. | FIRE_AND CASUALTY: If the property herein becomes unoccupiable because of fire, explosion .or other casualty, Managing Agent may elect, within thirty (30) days, to make . repairs or terminate this Agreement. If Managing Agent elects to repair, Tenant shall have the option to tcuminete this Agreement or have rent absted from date of casualty to » f ate Tenent may reoccupy provided that Tenant vacated during-the;repair period if - required or necessary. Tenant's option does not apply if the casualty was duc to Tenant’s PROPERTY LISTED FOR SALE: If property becomes listed for sale during the tenn of this Agreement, Tenant agrees to allow the property to be shown upon a twenty-four (24) bour prior notice by phone or written notice. This paragraph has no other affect on the terms of this Agreement unless specified elsewhere herein. AGREEMENT ADDENDA: The following addenda are attached snd made part of this vane ATIVE COMPLAINT AGE ge : . 11/29/2887 84:28 30466434811 GRISTAL. CLEAR RENTAS Pee ue O4 81/23/2067 05:95 § 3en2969uy/ ‘Tole efiticr dees basheses te i Bieged te decrtacaats against any pesvyn tenants eR eet ets Kee ate Wi eee areal “¢ From: ‘Cristal Clear Rentals" Subj Cristal Clear Rentals is Closing We regret to advise you that Cristal Clear Rentals, LLC is no longer sufficiently solvent to continue operating. The Company has ceased trading effective May 6, 2008. We have tried to weather a very difficult season where the economic crisis in our country has seriously impacted travel and especially rentals in the Florida Keys this year. . 7 _ Since the. Company. has.no funds, we need to advise Owners: « The contract between you and Cristal Clear Rentals, LLC is no tonger valid and is terminated. + There are no funds to pay Owners any rentals collected but not yet paid to Owners through April 2008. « If there are current reservations we are providing the contact details below to allow you to make direct contact with your pending guests. . - ee oe re 2) be Mae cf ge 2 Te Boe are a ey « Since there are no funds in Cristal Clear Rentals, LLC, the Company cannot refund any security deposits to the people who made the reservation. This means that any Owner accepting the reservation directly will need to reimburse the guest out of pocket for the amount of the Security Deposit after their stay. Address: 1117 Grinnell Street #2 Guest: Shelley. Barre & Ed Blasche Phone: 305-766-0301 Ed 239-247-3347 Shelley Arrival Date: 7-23-2007 : Departure. Date: 7-31-2008 We will be mailing back your keys if we have them. We regret this situation. We have made. every effort to sustain the business through this economic downtum in order to honor ali of our commitments but it has overwhelmed us. Please accept our apology. Sincerely, Cristal Coleman Managing Member Cristal Clear Rentais, LLC ADMINISTRATIVE COMPLAIN] EXHIBIT # PAGE Jog see tae “=~ Page 1 of 1 Subj: _ Re: Cristal Clear Rentals is Closing ATIEMFED COMMUNICATION Date: 5/7/2008 1:34:42 P.M. Eastem Daylight Ti - From: ~-RED068200 ne WIT CRISIAL CLEAR To info@cristalclearrentats.com_ ; MESSAGE. COULD. Nor To: Cristal Clear Rentals RE DELIVERED TO Re: Long term rental leases with property at 730 Fleming Street, Key West, FL THA E MAI in aa 1! am in receipt of your email communication of May 6, 2008 indicating the termination of your company. la am very sorry that this has happened to your company. in regard to the specific long term lease contracts that you administered for the above referenced properties, those being 730 Fleming (front unit) and 730 Fleming (back unit) the following is requested per the termination of your company: Return to me, Richard S. Bloom as the party to our management agreement at the following 2 address: 13 Feancis Street, Milford, CT 06460:the-following: =. . a a Janeane AB ae 1. AllJease agreements and documentation related to the administration of these properties, 2. All keys held by Cristal Clear Rental on the aforementioned properties, 3. As these were long term rentals and legally required deposits to be held in escrow of a security deposit and the last month of rent payments for each unit, release these resources to me and document that they are the full amount held in escrow for these rental units. t would appreciate your confirmation of receipt of this communication and the actions you are now taking to insure compliance with these requirements. Yours truly, Richard S. Bloom 13 Francis Street Milford, CT 06460 (Winter) 1400 Newton Street-- Key West, FL 33040 Telephone (203) 536-7329 __ Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. EXHIBIT Tt Z ~ PAGE OF — Thursday, May 08, 2008 America Online: Rsb06820

Docket for Case No: 09-003337PL

Issue Date	Proceedings
Apr. 06, 2010	Agency Final Order filed.
Nov. 23, 2009	Recommended Order (hearing held September 23, 2009). CASE CLOSED.
Nov. 23, 2009	Recommended Order cover letter identifying the hearing record referred to the Agency.
Nov. 03, 2009	Respondent's Proposed Recommended Order filed.
Nov. 02, 2009	Petitioner's Proposed Recommended Order filed.
Oct. 02, 2009	Transcript filed.
Sep. 23, 2009	CASE STATUS: Hearing Held.
Sep. 15, 2009	Petitioner's Filing of Additional Witness filed.
Sep. 10, 2009	Joint Pre-hearing Stipulation filed.
Aug. 19, 2009	Petitioner's Filing of Additional Exhibit (exhibit not available for viewing) filed.
Aug. 19, 2009	Petitioner's Filing of Exhibit's (exhibits not available for viewing) filed.
Aug. 14, 2009	Petitioner's Filing of Exhibit's filed.
Aug. 14, 2009	Petitioner's Witness List filed.
Aug. 14, 2009	Petitioner's Filing of Additional Exhibit filed.
Jul. 15, 2009	Amended Notice of Hearing (hearing set for September 23, 2009; 9:30 a.m.; Key Largo, FL; amended as to location of hearing).
Jul. 10, 2009	Order of Pre-hearing Instructions.
Jul. 10, 2009	Notice of Hearing (hearing set for September 23, 2009; 9:30 a.m.; Key Largo, FL).
Jul. 07, 2009	Order of Consolidation (DOAH Case Nos. 09-3337PL and 09-3338PL).
Jul. 07, 2009	(Petitioner's) Motion to Consolidate filed.
Jun. 26, 2009	Respondent's Response to Initial Order filed.
Jun. 23, 2009	(Petitioner's) Unilateral Response to Initial Order filed.
Jun. 18, 2009	Initial Order.
Jun. 18, 2009	Administrative Complaint filed.
Jun. 18, 2009	Answer to Administrative Complaint, Denial of Essential Allegations and Request for Formal Hearing filed.
Jun. 18, 2009	Election of Rights filed.
Jun. 18, 2009	Agency referral

Orders for Case No: 09-003337PL

Issue Date	Document	Summary
Apr. 06, 2010	Agency Final Order
Nov. 23, 2009	Recommended Order	Petitioner failed to prove the essential allegations of fact of the Administrative Complaint. Recommended dismissal of the Administrative Complaint.