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Pepper Ranch Residential Lease AgreementRESIDENTIAL LEASE AGREEMENT Residential Lease Agreement made this day ofd ?,(('�? y{-- , 2011, between the Board of County Commissioners of Collier County, Florida, whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as the "BOARD ") and Arlo Hagen, whose address will be 6315 Pepper Road, Immokalee, Florida 34142 (hereinafter referred to as the "LESSEE "). WITNESSETH WHEREAS, the BOARD is responsible for the operation and maintenance of Pepper Ranch Preserve, owned by, and located in, Collier County, Florida ( "Demised Premises "), and WHEREAS, the BOARD deems it advantageous to itself to hereby provide security to the Demised Premises and to enter into this Agreement to lease use of the Demised Premises and improvements thereon to a Collier County Sheriff's Deputy with powers to arrest, as hereinafter set out, and WHEREAS, the word "LESSEE" as used herein refers to the Collier County Sheriff's Deputy and any members of his/her family who reside at the Demised Premises, and WHEREAS, "Demised Premises" as used herein refers to the residential home, its vehicle parking area, and its means of ingress /egress located at 6315 Pepper Road, Immokalee, Florida 34142 and more particularly described and set forth in Exhibit `A' attached hereto and made a part hereof, and WHEREAS, the BOARD shall provide a residence but shall not be responsible for any moving costs relating thereto, and WHEREAS, the parties hereto hereby enter into the Lease for certain specified lands to lease certain uses upon such lands at the said Demised Premises, and WHEREAS, as used herein any power or authority then delegated to the Chairman of the BOARD or his/her designee, may be performed on behalf of the BOARD or by the Chairman and/or his/her designee without the inclusion in the respective provision herein of any phrase such as "the BOARD'S agent or designee," etc. NOW THEREFORE, in consideration of the Demised Premises and the mutual covenants and promises hereinafter contained, the parties hereto hereby agree as follows: Article 1. Term of Lease, Cancellation The term of this Lease shall be effective commencing on a a o 201 1. and shall continue from month -to -month unless terminated according to the further terms hereof. This Lease shall terminate immediately upon LESSEE leaving the employ of the Collier County Sheriff's Office (for purposes of this Lease, "employ" shall include any appointment to the Collier County Sheriff's Office Auxiliary). The BOARD and the LESSEE have the right to terminate this Lease with or without cause by providing the other party with thirty (30) days written notice to the address listed in Article 29 of this Lease. This Lease is subject to part II of Chapter 83, Florida Statutes. Article 2. Rent In lieu of rent, the LESSEE understands that he shall use his best efforts to secure the Demised Premises from vandalism during the term of his residency. This should include a daily round of the major points of access and any exterior facility doors and/or windows on any buildings on the property. Any suspicious findings should be reported immediately to the Facilities Management Department Director or his/her designee and any other indicated law enforcement action may be initiated according to the normal discretion of the deputy. Any acts of vandalism, or the presence of suspected vandals or trespassers on the Demised Premises or Preserve property shall be handled according to normal law enforcement discretion as authorized by the Sheriff. It is the intent of this Lease that the LESSEE shall be held only to the standard of normal off -duty law enforcement procedures, and no higher standard is intended to be accepted or imposed by this Lease. It is preferred that any necessary law enforcement action be conducted when on duty or by a normal on duty deputy. At the commencement of this Lease, the LESSEE shall meet with the Facilities Management Director or his/her designee at the Demised Premises for the purpose of developing a report plan for the Demised Premises' security and working with the Facilities Management Director or his/her designee in connection therewith. Written reports of suspicious or unusual activities and action taken shall be forwarded from LESSEE to the Facilities Management Director. LESSEE'S failure to use his best efforts to monitor the Demised Premises and report his findings to the Facilities Management Director or his/her designee shall subject LESSEE to possible termination of this Lease. In the event of termination, the LESSEE will vacate the Demised Premises thirty (30) days after the BOARD has provided notice to the LESSEE stating that the Lease is terminated. However, both parties agree that the provision hereof shall be subordinate to LESSEE'S primary duties as a certified law enforcement officer appointee of the Collier County Sheriff's Office. Article 13 hereof shall apply to any notice given under this Article. Article 3. Occupancy of Premises BOARD hereby leases unto the LESSEE upon the provisions hereinafter set forth, all of which the LESSEE accepts, the Demised Premises which shall be occupied only by the LESSEE and his immediate family as a private, single family residence and for no other use or purpose whatsoever. Article 4. Assignment and Subletting LESSEE shall make no attempt to assign or otherwise transfer any rights to this Lease nor sublease the Demised Premises or any part thereof without the consent of the BOARD. Any attempt to assign or transfer any rights to this Lease to others shall be void ab initio. Article 5. Entry for Inspection, Repairs and Alterations LESSEE accepts the Demised Premises `as is' in its present condition and shall make no alterations, changes or improvements to the Demised Premises without the prior written consent of the BOARD. In the event that repairs associated with the Demised Premises are deemed necessary, the BOARD will duly notify LESSEE accordingly. LESSEE shall allow BOARD free access to the 2 Demised Premises at all reasonable times for the purpose of examining same to investigate whether all provisions of this Lease are being done and performed by LESSEE. BOARD shall have the right to enter any building or structure on the Demised Premises, at any time, in the event of an emergency. The determination of an emergency shall be at the sole discretion of the BOARD. Article 6. Utilities LESSEE agrees to pay the electricity and telephone services consumed by him during the term of this Lease. BOARD shall pay all charges related to water and sewer including repair of well, pumps and septic system. BOARD will permit LESSEE to use the Demised Premises's dumpster for purposes of garbage and trash collection. Article 7. Obligations of LESSEE The LESSEE will be responsible for any conditions that may be caused by his or her negligent or wrongful acts or omissions, those of a member of his family, or other person while on the Demised Premises with LESSEE'S consent. The LESSEE at all times during occupancy shall: A. On a weekly basis, park an easily identifiable Sheriff's Office vehicle on the Demised Premises. LESSEE must always be a law enforcement officer with powers of arrest. B. Trim and mow the 2 -acre lawn area surrounding the structures in the Demised Premises, and the 365 feet long Lake Trafford hiking trail with available BOARD equipment every 3 weeks. See Exhibit `B" for mowing locations. C. Maintain the improvements and appurtenances thereto in a safe and habitable condition. For safety reasons, LESSEE shall absolutely prohibit minor members of the family, or guests who are minors, from going off of the Demised Premises and going onto any other part of the Demised Premises except when each minor is in the actual presence of a responsible adult. D. Maintain the Demised Premises and keep said Demised Premises clean and sanitary, and shall not allow the accumulation of materials, parts, etc., on such Demised Premises. E. Remove all garbage in a clean and sanitary manner. F. Keep all plumbing fixtures clean and sanitary and in repair. G. Not destroy, deface, damage, repair or remove any part of the Demised Premises or property therein belonging to the BOARD, or permit any person to do so. H. Conduct himself, and require other persons on the Demised Premises with his consent to conduct themselves, in a manner that does not unreasonably disturb his neighbors or constitute a breach of peace. I. Use and operate in a reasonable manner all electrical, plumbing, sanitary, hearing, ventilating, air conditioning and other facilities and appliances. J. Refrain from consuming alcoholic beverages while in the public area of the Demised Premises; however, nothing herein shall prevent LESSEE, his family or others from consuming the same within the private residence on the Demised Premises. K. Refrain from erecting any signs on the Demised Premises without the prior approval of the BOARD. L. Not keep, or permit to be kept on the Demised Premises, any junk vehicle on which current registration plates are not displayed, nor shall there be any repair or extraordinary maintenance of automobiles or other vehicles on the Demised Premises. 3 Article 8. Obligations of BOARD BOARD covenants and agrees to only those obligations that are required by Part II of Chapter 83, Florida Statutes, and which cannot be eliminated by agreement. This Lease shall be at no cost to the BOARD. Article 9. Requirement of Law LESSEE shall observe and comply with any and all requirements of the constituted public authorities and with all federal, state, or local statutes, ordinances, rules, regulations, and standards applicable to LESSEE, including, but not limited to, rules and regulations promulgated from time -to- time or at the direction of the BOARD. LESSEE shall be responsible for all expenses incurred as a result of LESSEE, or LESSEE'S family, employee, agents, or visitors violating the covenants of this Agreement. Article 10. Waivers A waiver by the BOARD of a breach of any covenant or duty of LESSEE under this Agreement is not a waiver of a breach of any other covenant or duty of LESSEE, or any subsequent breach of the same covenant or duty. Article 11. End of Term At the termination of this Lease by lapse of time or otherwise, LESSEE shall yield up and surrender immediate possession of the Demised Premises to BOARD, in accordance with Article 23 and 25 of this Lease, and upon failure to do so LESSEE shall thereafter be considered a trespasser. This Lease shall not be construed as a waiver to BOARD of any right of re -entry as has been hereinbefore provided, nor shall the receipt of consideration in apparent affirmance of the lease operate as a waiver of BOARD'S rights to declare this Agreement terminated. The term hereby granted shall be at an end for the period remaining still unexpired by reason of any subsequent breach of any provision herein unclaimed. Article 12. Default Notwithstanding any provisions to the contrary contained in this Lease, if default be made by LESSEE in fulfilling any of the covenants of this Lease, and such default shall continue for a period of seven (7) days after written notice thereof from the BOARD to LESSEE, provided that if the default complained of shall be of a nature that the same cannot be completely cured or remedied within a ten (10) day period, and if LESSEE shall not have diligently commenced during such default within such ten (10) day period, and shall not thereafter with reasonable diligence and in good faith proceed to remedy such default. Article 13. Fees and Expenses If LESSEE shall default in the observation or performance of any term under, or by virtue of, any of the terms or provisions in any Article of this Lease, the BOARD may immediately, or at any time thereafter, and without notice, perform any such obligation of LESSEE hereunder. If the BOARD, in connection therewith or in connection with any default by LESSEE makes any expenditures or incurs any obligation for the payment of money, including but not limited to attorneys' fees, in instituting, prosecuting or defending any action or proceeding, then such sums so M paid or obligations incurred, along with interest and costs, shall be deemed an expense hereunder and shall be paid by LESSEE to BOARD within three (3) days of rendition of any bill or statement to LESSEE thereof. If LESSEE'S Lease term shall have expired at the time of making of such expenditures or incurring of such obligations, then such sums shall be recoverable by BOARD as damages. Article 14. Landlord Liens BOARD shall have a specific lien on all personal property of LESSEE brought upon the Demised Premises, at any time. The lien shall be security for the payment of damages and the performance of any obligation of LESSEE, which specific lien shall be in addition to any other "landlord's" lien as is now or may hereafter be provided for under the laws of the State of Florida. Any such lien may be foreclosed in equity in the same manner as a mortgage lien. Article 15. Interruption of Service Interruption or failure of any utility service to the Demised Premises, if due to causes beyond BOARD'S control shall not constitute eviction unless BOARD shall fail to take such measures as may be reasonable in the circumstances to restore the service without undue delay. Article 16. Abandonment If at any time during the term of this Lease, LESSEE abandons the Demised Premises, BOARD may, at its option, reenter the Demised Premises, by any means, without being liable for any prosecution therefore, and without becoming liable to LESSEE for damages or for any payment of any kind whatever. If the BOARD'S right to reentry is exercised following abandonment of the Demised Premises by LESSEE, then the BOARD may consider any personal property belonging to LESSEE and left on the Demised Premises to also have been abandoned, in which case the BOARD may dispose of all such personal property in any manner BOARD shall deem proper and is hereby relieved for all liability for so doing. Article 17. (Quiet Enjoyment BOARD covenants and agrees with LESSEE that upon LESSEE performing all the terms, covenants and conditions, on LESSEE'S part to be observed and performed, LESSEE may peaceably and quietly enjoy the Demised Premises subject to the terms and conditions of this Agreement. Article 18. Non - Employment Acknowledgement and Waiver It is hereby acknowledged by the LESSEE that he is not an employee of the Collier County Facilities Management Department and any duties imposed upon the LESSEE by the terms of this Lease are solely in consideration for the Lease. Any acts performed by the LESSEE that are outside the terms of this Lease shall be considered voluntary in nature. The LESSEE hereby waives any eligibility for Workers' Compensation benefits from the BOARD and holds the BOARD harmless from any damages to LESSEE for any acts that are outside of the provisions and terms of this Lease. Article 19. LESSEE'S Improvements LESSEE shall not install or erect additional structural and other improvements on the Demised Premises, or alter, change or make other improvements on the Demised Premises. 5 Article 20. Waiver and Insurance LESSEE agrees to hold harmless the BOARD and its officers, agents and employees from losses, damages, claims and causes of action arising solely as a result of negligence of LESSEE. During the entire term of this Lease, LESSEE shall obtain and pay for a Homeowner's Liability Insurance Policy with personal liability limits of at least $100,000. BOARD will be named, if possible, as an additional insured on this insurance policy. LESSEE will provide proof to BOARD of this insurance within thirty (30) days of the execution of this Lease. Failure to comply with the provision will constitute breach of this Lease and will be grounds for termination of the Lease. In this event, the LESSEE will vacate the Demised Premises immediately after the BOARD has provided a seven (7) day notice to the LESSEE stating that the Lease is terminated. Article 21. Government Inclusion It is further covenanted and agreed that BOARD reserves the rights to further develop and /or improve the existing Demised Premises and any additions thereto, as the BOARD may deem fit, without heeding the desires, views or objections of LESSEE and without interference or hindrance. This Lease is and shall be subordinate to the provisions of any existing or future agreement between BOARD, Collier County and /or the United States of America, or any board, agency, or commission or any of them relative to the operations of maintenance of the Demised Premises, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds on the development of the Demised Premises or otherwise, and this Lease is and will probably always be subordinate to the license or permit of entry which may be granted by the Secretary of Defense of the United States. Article 22. Rules and Regulations LESSEE shall observe and obey all rules and regulations not conflicting with any provision and purpose of this Lease as may now exist or may be promulgated from time -to -time by BOARD. Article 23. Surrender of Possession LESSEE agrees to yield and deliver to BOARD full possession of the Demised Premises herein at the termination of this Lease, by expiration or otherwise, or of any renewal or extension hereof, in good condition in accordance with its express or implied obligations hereunder, except for ordinary wear and tear. LESSEE shall have the right, within thirty (30) days after the termination hereof, to remove all of the personal property on or about the Demised Premises, subject, however, to any lien which the BOARD may have thereon. Thirty (30) days after the termination of this Lease, the BOARD may consider any personal property belonging to LESSEE and left on the Demised Premises to have been abandoned, in which case the BOARD may dispose of all such personal property in any manner BOARD shall deem proper and is hereby relieved for all liability for so doing. Article 24. Inspection of Premises The BOARD or its duly authorized representatives, agents, and other persons for it, may enter upon said Demised Premises at any reasonable time to investigate whether or not LESSEE is on complying with all provisions of this Lease, or for any other purpose incidental to rights or interests of the BOARD or Collier County. Article 25. Holding Should LESSEE hold over after lawful termination hereof, he shall be liable to the BOARD for all expenses of the eviction process including attorneys' fees. Article 26. Hazardous Substances No tangible property shall be kept within or on the Demised Premises or otherwise on the Demised Premises which are explosive or hazardous, and no trade, business or occupation shall be carried on therein or thereon. Article 27. Governing Law This Lease shall be construed in accordance with the laws of the State of Florida. If any provision contained in this Lease is held to be invalid by any court of competent jurisdiction or otherwise appears to LESSEE and BOARD to be invalid, such invalidity shall not affect the validity of any other covenant, condition, or provision herein contained; provided, however, that the invalidity of any such provision does not materially prejudice either BOARD or LESSEE in its respective rights and obligations contained in the remaining valid provisions of this Lease such shall not be unreasonably withheld. Article 28. Land Radiation Emission Standards In accordance with Section 404.056(7), Florida Statutes, the following notification as it pertains to radon gas and the leasing of building is hereby stated: RADON GAS: Radon is naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and/or state guidelines have been found in some buildings in Florida. Additional information regarding radon and radon testing may be obtained from the Collier County Public Health Department. Article 29. Notices All notices provided for this Lease shall be in writing. Any notice required to be served upon LESSEE other than by publication may be served upon him at: Arlo Hagen 6315 Pepper Road Immokalee, FL 34142 Provided, however, that if LESSEE shall give notice in writing to BOARD of any change in either or both of said addresses, then and in such event such notice, if written, shall be given to LESSEE at one of the substituted addresses. Any notice permitted or required to be served upon BOARD may be served upon at: 7 Collier County Board of County Commissioners Parks and Recreation Department Attention: Conservation Collier Manager 15000 Livingston Rd Naples, FL 34109 Provided, however, that the BOARD shall give notice in writing to LESSEE of any change in said address, then in such event such notice shall be given to BOARD at such substituted address. Any notice served by mail may be by registered mail, certified mail, or regular mail. The LESSEE has read the terms of this Lease, and has had the opportunity to have the terms of this Lease defined or explained, and has had the opportunity to retain legal counsel of his/her own choice and at his expense to review the terms of this Lease. IN WITNESS THEREOF, the parties hereto have signed this lease this day of V e,A ►Ve�(_, 2012_. ATTEST: DWIGHT E..`PPOCK, CLERK I l�J Appr�Aed as to form and legal sufficiency: , Jeff E. Wright Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, CC AS T Witne"ignature) " U d&, (Print Name) 043i,�" Rz�� Witness (Signature) (Print Name) LES Exhibit "A" — Demised Premises The Demised Premises is the residential home, its vehicle parking area, and its means of ingress /egress located at 6315 Pepper Road, Immokalee, Florida 34142 within the parcel of land with Property Tax Identification Number 00053840000. The residential home is the structure located closest in proximity to Lake Trafford. It may also be referred to as "the little house ", "the cottage ", or "the caretaker's house ". Property Tax Identification Number: 00053840000 The East Half (E '' /2) of the East Half (E '/2) of the Northwest Quarter (NW 1/4); and the Northeast Quarter (NE '/4), less the East 30 feet and the Northerly 30 feet for public road right -of -way per dedication thereof recorded in Plat Book 12, Page 67 (known as Pepper Road), Section 35, Township 46 South, Range 28 East, Public Records of Collier County, Florida, less 2.29 acres in the Northeast Quarter (NE 1/4) described in Deed recorded in Official Records Book 1834, Page 216; also less the real property described in Quit Claim Deed recorded in Official Records Book 49, Page 4; and in Official Records Book 280, Page 480; and in Official Records Book 282, Page 283; and in Official Records Book 289, Page 910; all of the Public Records of Collier County, Florida. 10 Exhibit "B" Legend Roads ! Water — — — Driveway Demised Premises Areas to be mowed Parcel # 00053840000 0 500 1,000 Feet e y 1 I I 11