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CONTRACT NO. __________

BCC APPROVED __________

RESIDENTIAL LEASE

and

SECURITY SERVICES AGREEMENT

THIS RESIDENTIAL LEASE and SECURITY SERVICES AGREEMENT ("Agreement"),

effective upon execution of both parties, (“Effective Date”) by and between Sarasota County, a

political subdivision of the State of Florida, (“County”) and _________________________,

(“Lessee”).

WITNESSETH:

WHEREAS, County owns a residential house, at Twin Lakes Park, with the physical address of 5895

Hummingbird Avenue, Sarasota, FL, (the “Premises”) as described in Exhibit "A", attached hereto

and incorporated herein; and

WHEREAS, County desires certain Security Services for Twin Lakes Park and evening patrols of

Rothenbach Park (“Parks”), as defined in Section 13, ("Security Services"), in exchange for a lease of

the Premises for residential purposes at a reduced monthly rate; and

WHEREAS, County desires that Lessee be physically present to the extent possible at the Parks

during the hours of 12:00 midnight and 6:00A.M., to ensure security of the Parks; and

WHEREAS, Lessee will provide and County will accept a combination of Security Services and

monetary payment as rent according to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual covenants and conditions herein

contained, the parties agree here to as follows:

1. RECITALS

The above recitals are true and correct and incorporated herein.

2. PREMISES

a. Subject to the terms and conditions of this Agreement, the County hereby leases and

lets unto Lessee, and Lessee hereby agrees to lease from the County the Premises.

3. TERM

a. Lessee will have thirty days from the Effective Date to: (i) occupy the Premises; and

(ii) begin providing Services, (“Occupancy Date”).

b. The term of this Agreement shall commence on the Occupancy Date, and continue

for a period of one year (“Term”). Lessee may request up to three (3) additional one-

year renewals by providing written notice to the County’s Administrative Agent. The

renewal request must be made at least sixty (60) days, but not more than twelve (12)

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months, prior to the expiration of the Agreement Term.

c. If there is any renewal or extension of the Term, the defined Term shall be deemed to

include any renewal or extension term period.

d. This Agreement shall terminate immediately if Lessee is suspended, discharged,

terminated or otherwise released from employment as a sworn law enforcement

officer or is no longer in good-standing with the Sarasota County Sheriff's

Department. Lessee thereupon will have thirty (30) days to vacate the Premises.

4. RENTAL AMOUNT

a. Lessee shall pay to County as (“Monthly Rent”) the amount of

____________________________ Dollars ($___________) per month.

b. The Monthly Rent shall be due on the first (1st) day of every month.

c. In the event the Occupancy Date is not the first (1st) day of the calendar month, the

Monthly Rent shall be remitted on the Occupancy Date and compensation shall be

pro­rated based on a 30-day period.

d. If not received on the 1st day of each calendar month, Monthly Rent shall be

considered overdue and delinquent on the 5th day of each calendar month. If Lessee

fails to timely pay any Monthly Rent, Lessee shall pay County a late charge of 10%

of past due amount. Any waiver of late charges under this paragraph will not affect

or diminish any other right or remedy County may exercise for Lessee's failure to

timely pay rent.

e. All Monthly Rents shall be made payable to Sarasota County Government, Attn:

Concession Lease Coordinator, 1660 Ringling Blvd, Fifth Floor, Sarasota, FL 34236.

Lessee shall make all payments required under this Agreement by personal or

business check, money order, cashier’s check or credit/debit card.

f. If Lessee makes a Monthly Rent payment with a worthless check, County can require

Lessee to make all future payments by money order, cashier's check or official bank

check and to pay bad check fees as additional rent in the amount of the greater of

$40.00 or twelve percent (12%) of the check amount. Furthermore, County may

require in writing that Lessee pay all future Monthly Rent by money order or

cashier's check.

g. County will apply all funds received from Lessee first to any non-rent obligations of

Lessee including late charges, returned check charges, and charge-back for repairs,

then to rent, regardless of any notations on a check.

5. SECURITY DEPOSIT

a. Within three (3) days of the Effective Date, Lessee shall place the sum of

______________________________________ Dollars ($__________) (hereinafter

referred to as the “Deposit”) with the County. County shall hold the Deposit for the

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benefit of Lessee as security for faithful performance by Lessee of all terms, covenants

and conditions of this Agreement.

b. Lessee shall not be entitled to apply any part of the Deposit against rent or any other

obligations during the time Lessee uses the Premises.

c. Upon termination of this Agreement by either party hereto and vacation of the

Premises, County reserves the right to apply the Deposit towards any monies owed to

County by Lessee under the terms of this Agreement and applicable law, physical

damage or contamination to the Premises, and costs and attorney’s fees associated with

Lessee’s failure to fulfill the terms of this Agreement. Should any balance of the

Deposit remain, County shall disburse the balance to Lessee. Should the Deposit not

cover all amounts due County, then County may bill Lessee for any additional charges

and Lessee shall promptly reimburse County for same.

6. USE OF PREMISES

The Premises are publicly owned property and leased to Lessee for the sole purpose of a

private residence and shall be occupied solely by Lessee exclusively, as a private single

family dwelling, and no part of the Premises shall be used at any time during the term of

this Agreement by Lessee for the purpose of carrying on any business, profession, or trade

of any kind. Lessee shall not allow any other person to use or occupy the Premises for

more than two (2) weeks without first obtaining County's written consent to such use.

Lessee shall comply with any and all laws, ordinances, rules and orders of any and all

governmental or quasi­ governmental authorities affecting the cleanliness, use, occupancy

and preservation of the Premises.

7. CONDITION OF PREMISES

Lessee stipulates, represents and warrants that Lessee has examined the Premises, and that at the

time of execution of this Agreement is in good order, repair, and in a safe, clean and habitable

condition.

8. SUBLETTING AND ASSIGNMENT

Lessee shall not voluntarily, involuntarily or by operation of law, assign or in any manner or

otherwise encumber this Agreement, or sublet the Premises or any part thereof.

9. COUNTY ACCESS TO PREMISES

Lessee shall allow the County or the County's agents access to the Premises, upon reasonable prior

notice to Lessee as described in §83.53, Florida Statutes (except in the case of emergency, in

which event no prior notice shall be required), to inspect the Premises or any fixtures, equipment,

property or appurtenances therein or thereto, or to make repairs, alteration or improvements as the

County deems fit, or to exhibit the same to or allow inspection of the same by insurance carriers

and representatives, fire and building department inspectors.

10. DESTRUCTION OF PREMISES

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In the event that the Premises should be totally destroyed by fire, or other cause, the Agreement

shall be terminated. In the event the destruction is attributable to the acts or omissions of Lessee,

County retains all rights for indemnification and payment of damages by Lessee. In the event that

the Premises should be partially damaged by fire, or other cause, County shall within thirty (30)

days after the date of such damage give written notice to Lessee of the intention to rebuild or

repair and shall thereupon proceed with reasonable diligence to restore the building to

substantially the same condition in which it was immediately prior to the damage. The County

reserves the right to not repair any such damage or otherwise restore the building. In such event,

the Agreement shall be terminated and neither party shall have any further obligation to the other.

Under no circumstances shall County be required to rebuild, repair or replace any improvements

or alterations made by Lessee within the building.

11. ALTERATIONS AND IMPROVEMENTS

Lessee shall not make any alterations or improvements to the Premises without obtaining the

County's written consent to the alteration or improvement. Any improvements or alterations to the

Premises made by Lessee shall become County's property.

12. MAINTENANCE, REPAIRS AND UTILITIES

a. Lessee will, at its sole expense, keep and maintain the Premises and appurtenances in

good and sanitary condition and repair during the term of this Agreement. Without

limiting the generality of the foregoing, Lessee shall:

i. Keep all windows, glass, window coverings, doors, locks and hardware in

good, clean order and repair;

ii. Not obstruct or cover the windows or doors;

iii. Not leave windows or doors in an open position during any inclement weather;

iv. Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in

good order and repair and shall use same only for the purposes for which they

were constructed. Lessee shall not allow any sweepings, rubbish, sand, rags,

ashes or other substances to be thrown or deposited therein. Any damage to any

such apparatus and the cost of clearing stopped plumbing resulting from misuse

shall be borne by Lessee;

v. Be responsible for the maintenance and repair of the exterior grounds,

landscaping, driveway, pavement and walkways located anywhere on the

Premises;

vi. Make any repairs to the Premises resulting from Lessee's negligence or misuse

will be the responsibility of Lessee.

b. Notwithstanding anything to the contrary herein, if County elects to make a repair

that County determines to be a result of Lessee's negligence or misuse, Lessee shall

be responsible for full payment of repairs and reimburse County within ten (10) days

of said repair.

c. Lessee shall be responsible for all utility charges to the Premises; including but not

limited to water, sewage, electricity, trash & recycling collection, cable TV and pest

control.

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13. SECURITY SERVICES

a. In addition to payment of Monthly Rent, Lessee shall provide Security Services at Twin Lakes

Park, and other area parks as set forth in Exhibit “C”, (“Services”), attached hereto and made a

part hereof.

b. Lessee must have a marked patrol car and use the patrol car when providing Services.

c. Lessee shall keep a written log, inspect, patrol, and record observed conditions

pertaining specifically to health, safety, and security of the Park. All information

recorded above shall be turned into the assigned supervisor of said Park and/or

appropriate staff as an emergency should require or at a minimum by the first of each

month.

d. Lessee must possess or obtain certifications in CPR and First Aid.

e. Lessee shall arrange to have another law enforcement officer, who is approved in

advance by County, (and available to open and lock gates at Twin Lakes Park and

lock gates at Rothenbach Park) whenever Lessee is physically absent from the

Residence for a period longer than two (2) days, or when Lessee is ill. No approved

replacement shall be compensated by County.

14. AGREEMENT TERMINATION

a. The County reserves the right at any time to terminate this Agreement. Except in the

event of a default as described elsewhere in this Agreement, Lessee shall be given

thirty (30) days prior written notice of such determination by the County, after which

the County may re-enter and repossess the Premises without any liability whatsoever

under this Agreement. Lessee shall not be entitled to any compensation or be

entitled to make any claim to bring any action against the County because of or on

account of the termination of this Agreement.

b. Provided Lessee is not in default under the terms of this Agreement, if Lessee desires

to terminate this Agreement it may do so by giving County thirty (30) days’ written

notice of such intent.

c. Upon termination or expiration, Lessee agrees to deliver all keys and to County and to

move out of the Premises, leaving it in a clean and undamaged condition, less

ordinary wear and tear. If the Premises are not returned in such condition, County

reserves the right to charge Lessee for the cost to repair any damage and to put the

Premises back in the condition it was in as of the commencement of this Agreement.

d. This Agreement shall terminate immediately if Lessee is suspended, discharged,

terminated or otherwise released from employment as a sworn law enforcement

officer or is no longer in good-standing with the Sarasota County Sheriff's

Department. Lessee thereupon will have thirty (30) days to vacate the Premises.

e. Lessee acknowledges that if personal property is left in the Premises after termination

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or expiration of this Agreement, County may determine that such property has been

abandoned and may take steps to remove or dispose of the property consistent with

applicable laws. BY SIGNING THIS AGREEMENT, LESSEE AGREES THAT

UPON SURRENDER, ABANDONMENT OR RECOVERY OF POSSESSION OF

THE PREMISES, AS DEFINED BY FLORIDA STATUTES, County SHALL NOT

BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF LESSEE

PERSONAL PROPERTY.

15. HOLDING OVER

If Lessee shall hold over and fail to vacate the Premises upon termination or expiration of this

Agreement, then, in addition to any other charges described elsewhere in this agreement, and

notwithstanding anything to the contrary, Monthly Rent shall increase to double the rent in effect

as of the date of termination or expiration of this Agreement. This paragraph shall survive

termination or expiration of this Agreement.

16. FAILURE TO PROVIDE SECURITY SERVICES

In the event Lessee fails to provide the Security Services for a period of greater than a total of three

(3) days, the County shall have the right with twenty-four (24) hours’ notice to terminate this

Agreement.

17. RADON NOTIFICATION

Pursuant to Florida Statute 404.056(8), the following disclosure is made: "RADON GAS: Radon

is a naturally occurring radioactive gas that, when it has accumulated in the building in sufficient

quantities, may present health risks to persons who are exposed to it over time. Levels of radon

gas that exceed federal and state guidelines have been found in buildings in Florida. Additional

information regarding radon and radon testing may be obtained from your County Public Health

Unit."

18. HAZARDOUS MATERIALS PROHIBITED

To the best of County's knowledge, as of the Effective date of this Agreement, no hazardous

materials or condition exist at the Premises. Except as otherwise provided herein, Lessee, its

agents, guests and invitees shall not use, handle, store, display or generate hazardous materials

(materials that are ignitable, corrosive, toxic or reactive) in or on the Premises. For the purposes

of this Agreement, the term "hazardous materials" shall mean those substances defined as

"hazardous substances", "hazardous materials", "hazardous wastes", or "toxic substances" in the

Comprehensive Environmental Response, Monthly Rent and Liability Act of 1980, as amended,

42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.;

the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq.; and in the regulations

adopted and promulgated pursuant thereto and in the applicable laws, regulations and ordinances

enacted by the State of Florida and Sarasota County.

19. INSURANCE REQUIREMENTS

Prior to occupancy, Lessee shall procure and maintain, for the full Term, all of the insurance

coverage indicated in Exhibit “B”, (“Insurance Requirements”), attached hereto and incorporated

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herein. The policies of insurance shall be primary and written on forms acceptable to the County

and placed with insurance carriers approved and licensed by the Insurance Department in the State

of Florida and meet a minimum financial A.M. Best & Company rating of no less than

"Excellent": VII. No changes are to be made to the insurance specifications without prior written

specific approval by the County Risk Management Division.

20. DISPUTE RESOLUTION

a. This Agreement shall be governed by, and be construed in accordance with, the laws

of the State of Florida. Any legal proceedings concerning this Agreement shall be

brought and maintained solely in Sarasota County, Florida.

b. In the event any dispute arises concerning this Agreement, the Parties may attempt to

settle any dispute by mediation.

c. The Parties hereby expressly agree that in the event of litigation regarding this

Agreement, any and all rights to jury trial are waived.

d. Should any provision of this Agreement require judicial interpretation, it is agreed

that the court interpreting or considering same shall not apply the presumption that

the terms hereof shall be more strictly construed against a party by reason of the rule

or conclusion that a document should be construed more strictly against the party

who itself or through its agent prepared the same, it being agreed that all parties

hereto have participated in the preparation of this Agreement and that legal counsel

was consulted by each party hereto (or opportunity for legal consultation afforded to

each party) before the execution of this Agreement.

21. COUNTY’S ADMINISTRATIVE AGENT

a. The County’s Administrative Agent is designated to act on behalf of the County and to

administer the terms and conditions of this Agreement. The Administrative Agent is

the Director of Parks, Recreation & Natural Resources.

22. NOTICES

Except as otherwise provided herein, all notices, invoices, reports, or any other type of

documentation required by this Agreement or permitted under this Agreement shall be made in

writing and shall be deemed given and served when provided by certified United States mail with

proof of mailing, or personal delivery, to the addresses listed below. In addition to, but not in lieu

of providing notice as stated above, the parties may choose to provide a courtesy copy of any

notice via electronic mail to the e-mail addresses listed below. Either party may change its address

or representative by giving written notice of such change.

Lessee:

________________________________

________________________________

________________________________

________________________________

________________________________

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County:

Parks, Recreation and Natural

Resources

Attn: Scott Jalwan

1660 Ringling Blvd.

5th Floor

Sarasota, FL 34236

941-861-5000

Copy to:

Office of County Attorney

Sarasota County Government

1660 Ringling Blvd.

Sarasota, FL 34236

23. NON-LIABILITY OF COUNTY FOR DAMAGES, INDEMNITY

County shall not be liable for liability or damage claims for injury to persons or property from any

cause relating to the occupancy of the Premises by Lessee, including those arising out of damages

or losses occurring on sidewalks and other areas adjacent to the leased Premises. Lessee shall

indemnify County from all liability, loss, or damage claims or obligations resulting from any

injuries or losses of this nature. Lessee waives any claim against County for damages relating to its

occupancy of the Premises from any cause whatsoever, including, but not limited to, burglary,

theft, or damage by water.

24. DEFAULT TERMINATION

Lessee shall be in default of this Agreement for failing to timely pay rent, or for materially

violating any other covenant of this Agreement. In the event of any default, County shall have

access to all remedies available under this Agreement or at law.

25. MISCELLANEOUS

a. TIME IS OF THE ESSENCE WITH RESPECT TO THE PERFORMANCE OF

EACH AND EVERY PROVISION OF THIS AGREEMENT.

b. This Agreement supersedes all other agreements between the parties, whether oral or

written with respect to the subject matter. None of the provisions, terms and

conditions contained in this Agreement may be added to, modified, deleted,

superseded or otherwise altered unless agreed upon in writing by both parties and

incorporated into this Agreement.

26. NO THIRD PARTY BENEFICIARIES

This Agreement shall not be interpreted or construed to grant any rights to any third parties.

27. COUNTERPARTS

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This Agreement may be executed in one or more counterparts, each of which shall be deemed an

original, but all of which together shall constitute one and the same instrument. A photocopy or

facsimile copy of this Agreement and signatures of the parties hereon shall be considered for all

purposes as originals.

28. EXECUTION BY COUNTY COMMISSION

Notwithstanding any action taken on the Agreement by the Sarasota County Board of County

Commissioners, or any agent thereof, or County employee, the Agreement shall not be

enforceable against the County unless approved by the Board of County Commissioners and

executed by the Chairman of the Board of County Commissioners.

29. PUBLIC RECORDS

The Lessee acknowledges the requirements of §119.0701, F.S. as set forth in Addendum A,

Application of Chapter 119, Florida Statutes, attached hereto and incorporated herein.

30. PETS

The Lessee shall be permitted to keep pet(s) at the Premises, pursuant to the requirements of

Addendum B, Pet Addendum to Residential Lease and Security Services Agreement, attached hereto

and incorporated herein.

The remainder of this page intentionally left blank.

SIGNATURES ARE ON NEXT PAGE

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IN WITNESS WHEREOF, the County and Lessee have executed this Agreement as of the date

first above written.

WITNESSES: LESSEE:

By:

Print Name Print Name: _________________________

Date:

Print Name

COUNTY:

BOARD OF COUNTY COMMISSIONERS,

OF SARASOTA COUNTY, FLORIDA

By: _____________________________________

Chair

Date: ___________________________

ATTEST:

KAREN E. RUSHING, Clerk of the Circuit Court

And Ex-Officio Clerk of the Board

of County Commissioners

_______________________________

Deputy Clerk

Approved as to Form and Correctness:

By: ____________________________

County Attorney

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EXHIBIT “A”

Premises

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EXHIBIT “B”

Insurance Requirements

Lessee shall maintain, on a primary basis and at its sole expense at all times during the life of this

Agreement, insurance coverage (including endorsements) and limits as described herein. These

requirements, as well as the County’s review or acceptance of insurance maintained by the Lessee, are

not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by

Lessee under this contract.

Insurance requirements itemized in this Agreement and required of the Lessee shall extend to all sub-

lessees, contractors or sub-contractors to cover their operations performed under this Agreement. The

Lessee shall be responsible for any modifications, deviations, or omissions in these insurance

requirements as they apply to sub-lessees, contractors and sub-contractors.

Insurance carriers providing coverage required herein must be licensed to conduct business in the State

of Florida and must possess a current A.M. Best’s Financial Strength Rating of A- Class VII or better.

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EXHIBIT “C”

Services

1. At Twin Lakes Park, check of all gates and buildings after hours to be sure that they are locked

and that all patrons are out of the park, nighttime on-call security services. The County will notify the

Deputy of any reports of vandalism, disruptions in the park, etc. which the Deputy will either request

extra patrols or remain vigilant of this activity during the patrol;

2. At Rothenbach Park, evening patrol five (5) days a week at dusk to check all patrons have

vacated the park. The five days of patrol shall be mutually decided between the Deputy and the County

and will be reviewed Quarterly. Patrol shall include the following areas:

a. South parking lot

b. Pavilion/playground parking lot

c. R/C Squadron parking lot.

All patrons in the park should be informed that the gate closes automatically at sunset, times will be

provided annually by County staff. If patrons are locked in, signs are posted to 861-5000, which the on-

call staff will notify the officer when on scheduled duty to return to the site to let the patron(s) out.

Sarasota County authorizes 10 days annual relief of services, when the Deputy provides at least two

weeks’ notice of a planned absence.

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ADDENDUM A

IF THE LESSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LESSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:

Sarasota County Public Records office 1660 Ringling Blvd. Sarasota, FL 34236

Phone: 941-861-5886 E-mail: prr@scgov.net

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ADDENDUM B

PET ADDENDUM TO

RESIDENTIAL LEASE

And

SECURITY SERVICES AGREEMENT

Consent is hereby granted to Lessee to keep the described pet(s) on the leased Premises, provided

the below listed conditions are abided by:

1. ONLY PETS SPECIFICALLY IDENTIFIED IN THIS AGREEMENT ARE ALLOWED AND

SUCH PET MUST BE PREAPPROVED PRIOR TO BRINGING PET ON THE PREMISES.

2. Pet(s) must be kept on a leash at all times while outside of the residence. PETS ARE NOT

ALLOWED TO RUN LOOSE AT ANY TIME. Lessee agrees to fully indemnify the County for

any damages arising out of injury to another by the Pet(s). Pet(s) must not be tied or kept outside

Residence door or on lanai.

3. Lessee is responsible for clean up after Pet(s).

4. Lessee shall be responsible for FULL replacement and cleaning costs of tile, walls, blinds,

flooring or other items damaged in any way by Pet(s). Lessee shall be responsible for any

exterminating that may be required as a result of the pet(s).

5. Lessee agrees that approval or denial of all pet(s) is at the sole discretion of the County. County

reserves the right to withdraw consent by giving Lessee fourteen (14) days written notice to

remove Pet(s) from the Premises for any reason including but not limited to noise, barking,

disturbances, damage, threatening behavior towards patrons of the Park or employees or agents of

County. In the event that Pet(s) are not removed after written notice, Lessee shall be subject to

eviction and termination of Agreement.

6. Insurance maintained by Lessee shall not contain any exclusions or restrictions on type/breed of

pet kept by Lessee on the leased Premises.

DESCRIPTION OF PET(S):

Type: Breed Color Weight

By signing below Lessee agrees to be bound by above terms and conditions:

LESSEE:

By:

Print Name:

Date: