Preview
Filing # 188446158 E-Filed 12/20/2023 03:26:57 PM
IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT
IN AND FOR WALTON COUNTY, FLORIDA
DAVID JAY and ALI JAY,
Plaintiffs,
Vv. CASE NO.:
SPRING STREET POOLS, INC. and
JOHN CARROLL,
Defendants.
/
COMPLAINT
Plaintiffs, DAVID JAY and ALI JAY (collectively the “Jays”), by and through their
undersigned counsel, hereby sue Defendants, SPRING STREET POOLS, INC. (“SSP”) and JOHN
CARROLL (“Carroll”), and allege as follows:
GENERAL ALLEGATIONS
1 Atall times relevant, the Jays own real properties in Walton County, Florida located
at 1085 Sandgrass Blvd., Santa Rosa Beach, FL 32459 (“1085 Sandgrass”) and 1101 Sandgrass
Blvd., Santa Rosa Beach, FL 32459 (“1101 Sandgrass”).
2 At all times relevant, David Jay owns property located at 315 W Lafayette Road,
Inlet Beach, FL 32461 (“315” or “Origins”).
3 Atall times relevant, Carroll is a resident of Walton County, Florida.
4 At all times relevant, Carroll is a Florida Certified Pool/Spa Contractor holding
license number CPC1459815 with a main address of 2078 US Hwy 98 W Unit 105 Suite 125,
Santa Rosa Beach, FL 32459.
Electronically Filed Walton Case # 23000677CAAXMX 12/20/2023 02:26:57 PM
5 At all times relevant, SSP is the “doing business as” (“dba”) name for license
number CPC1459815. A copy of the Licensee Details for Carroll and SSP for license number
CPC1459815 is attached hereto and made a part hereof as Exhibit “A”.
6 On or about February 12, 2023, the Jays and SSP entered into a Residential
Swimming Pool Contract (the “Contract”) wherein SSP agreed to construct three (3) residential
pools with spa, raised fountains, pavers and fences for the Jays for a total contract price of
$165,000.00 (the “Contract Price”). A copy of the Contract is attached hereto and made a part
hereof as Exhibit “B”. The Contract Price was payable in five (5) work orders per pool. The three
(3) pools were to be installed at 1085 Sandgrass, 1101 Sandgrass, and Origins.
7 Pursuant to the Contract, the Jays were to pay a 20% deposit of $11,000.00 per pool
at the time of signing the Contract that covered working permit drawings development, planning,
zoning and building department submittals, construction fence and signage.
8 The Jays paid SSP $33,000.00 at the time of entering into the Contract.
9 Pursuant to the Contract, completion of the residential swimming pool installation
was to “be complete within 10 weeks of Permit Date with (1) Day added for each Rain day during
the Contract period.”
10. For 1085 Sandgrass, permit number RP-23-2461 was issued by Walton County on
May 12, 2023.
ll. For Origins, permit number RP-23-2473 was issued by Walton County on May 19,
2023.
12. To date, no residential pool permit has been issued by Walton County for 1101
Sandgrass. On information and belief, SSP has not submitted an application for a residential pool
permit for 1101 Sandgrass.
13. Subsequently, Carroll and David Jay entered into a Standard Residential Lease
Agreement (the “Lease”) wherein Carroll agreed to rent the property located at 1085 Sandgrass
from David Jay for a monthly rent of $5,000.00, with the rental term commencing on March 1,
2023 and ending on December 31, 2023. A copy of the unexecuted Lease is attached hereto and
made a part hereof as Exhibit “C”. It is believed that Carroll has the executed version in his
possession.
14. Pursuant to section LIII of the Lease, Carroll agreed to be responsible for the
payment of HOA fees and utility fees for the Property during the term of the Lease.
15. Carroll moved into 1085 Sandgrass in March of 2023 pursuant to the Lease.
16. This Court has jurisdiction over this action as the damages sought in the aggregate
are in excess of $50,000.00, exclusive of attorney’s fees and costs.
COUNT I- BREACH OF LEASE
17. Plaintiff, David Jay, realleges the allegations of paragraphs 1 through 16 as if set
forth herein.
18. Venue is proper in Walton County, Florida pursuant to Fla. Stat. §47.011 as the
Defendant, Carroll, resides in Walton County, Florida, and the cause of action accrued in Walton
County, Florida.
19. Carroll occupied 1085 Sandgrass from March of 2023 until he vacated the Property
on or around September 17, 2023.
20. Prior to his vacation of the Property, Carroll was served a Three-Day Notice to Quit
or Pay Rent from David Jay. A copy of the Three-Day Notice to Quit or Pay Rent is attached
hereto as Exhibit “D”.
21. Carroll never made any payment of the monthly rent to David Jay under the Lease.
22. Carroll did not pay any HOA fees or utility fees for the Property during his time of
occupancy of the Property.
23. Pursuant to section X of the Lease, if Carroll failed to pay the rent by the due date
each month, he was responsible for a late fee of 5% of the monthly rent per occurrence.
24. At the time that Carroll vacated the Property, he owed David Jay the sum of
$40,542.00, representing the unpaid rent for the months of March through September of 2023,
along with HOA fees and utilities paid by David Jay on behalf of Carroll.
25. Carroll had no justification for the failure to pay rent to David Jay under the Lease.
26. Plaintiff, David Jay, has suffered damages due to Carroll’s breach of the Lease as
he has furnished housing for Carroll and received no compensation for providing such housing.
27. Pursuant to Fla. Stat. §83.625, David Jay is entitled to an award of attorney’s fees
and costs.
WHEREFORE, Plaintiff, DAVID JAY, respectfully requests the entry of a judgment in his
favor against Defendant, JOHN CARROLL, awarding David Jay his damages, plus pre-judgment
interest, awarding David Jay his attorney’s fees and costs pursuant to Fla. Stat. §83.625, and
granting any and all other relief the Court deems proper and just.
COUNT II - BREACH OF CONTRACT AGAINST SPRING STREET POOLS, INC.
28. The Jays reallege the allegations of paragraphs 1 through 16 as if set forth herein.
29. Venue is proper in Walton County, Florida pursuant to Fla. Stat. §47.011 as the
Defendant’s, SSP, principal place of business is located in Walton County, Florida, and the cause
of action accrued in Walton County, Florida.
30. SSP has defaulted under the terms of the Contract by failing to complete
construction of the three (3) residential pools pursuant to the terms of the Contarct.
31. SSP’s default includes, but is not limited to, failure to complete each pool within
ten (10) weeks of the permit date and failing to provide the services covered by the first draw paid
by the Jays pursuant to the Contract.
32. The Jays have paid SSP $33,000.00 towards pool construction to date.
33. SSP has not performed any of its responsibilities for the pool at 1101 Sandgrass as
SSP has not even submitted a permit application to Walton County, Florida.
34. SSP has dug a hole in the yard at Origins for a pool but has not completed the steel
placement.
35. The parties have discussed trading rent due by Carroll for the Lease for payment
draws due under the Contract, however ,the Jays have paid more money to SSP and are owed more
money from Carroll than would be due to SSP for work performed by SSP.
36. SSP has no justification for failing to perform its duties and complete the pools
pursuant to the Contract terms.
37. The Jays have suffered damages due to SSP’s breach of the Contract as they have
properties that have incomplete construction in their yards and have paid money to SSP for services
not performed.
38. The Jays are entitled to an award of costs pursuant to Fla. Stat. §57.041(1).
WHEREFORE, Plaintiffs, DAVID JAY and ALI JAY, respectfully request the entry of a
judgment in their favor against Defendant, SPRING STREET POOLS, INC., awarding the Jays
their damages, plus pre-judgment interest, awarding costs pursuant to Fla. Stat. §57.041, and
granting any and all other relief the Court deems proper and just.
COUNT IH — UNJUST ENRICHMENT
39. The Jays realleage the allegations of paragraphs 1-38 above as set forth herein.
40. Count III is pled in the alternative to Counts I and II above should the Court not
find their to be a valid lease or contract between the parties.
41. The Jays have conferred a benefit on Carroll by providing him housing in the form
of use and occupancy of 1085 Sandgrass.
42. Carroll has retained that benefit conferred by residing in the Property from March
2023 to September 2023.
43. Allowing Carroll to retain the benefit conferred would be inequitable as he has not
paid the Jays for the full value of said benefit.
44, Further, the Jays have conferred a benefit on SSP by paying for services that have
not been performed by SSP.
45. SSP has retained the benefit conferred by accepting payment from the Jays.
46. Allowing SSP to retain the benefit conferred would be inequitable as SSP has not
performed the work on the installation of the three (3) pools.
WHEREFORE, Plaintiffs, DAVID JAY and ALI JAY, respectfully request the entry of a
judgment in their favor against Defendants, JOHN CARROLL and SPRING STREET POOLS,
INC., awarding the Jays their damages, plus pre-judgment interest, awarding costs pursuant to Fla.
Stat. §57.041, and granting any and all other relief the Court deems proper and just.
Respectfully submitted,
DUNLAP & SHIPMAN, P.A.
/s/ Michael J. Henry
Michael J. Henry (FBN 0069044)
2063 S. County Hwy. 395
Santa Rosa Beach, FL 32459
Telephone: (850) 231-3315
Facsimile: (850) 231-5816
Primary: michael@dunlapshipman.com
Counsel for Plaintiffs
David Jay and Ali Jay
EXHIBIT "A"
THE OFFICH Sit MiMe OF BUSINES
Ob &bL ub oO
dis pr &
srtry ne
HOME CONTACT US
ONLINE SERVICES LICENSEE DETAILS 10:54:18 AM 12/18/2023
Licensee Information
Apply for a License
Name: CARROLL, JOHN
Veri Li ee P (Primary Name)
SPRING STREET POOLS
View Food & Lodging Inspections INC (DBA Name)
File a Complaint Main 2078 US HWY 98 W UNIT
Address: 105 SUITE 125
Continuing Education Cours SANTA ROSA
Search BEACH Florida 32459
County: WALTON
View Application Status
Find Exam Information License 3434 EAST COUNTY
Location: HWY 30A
Unlicensed Activity Search SANTA ROSA BEACH
FL 32459
AB&T Delinquent Invoice & Activity
List Search
County: WALTON
License Information
License Type: Certified Pool/Spa Contractor :
Rank: Cert Pool
License Number: CPC1459815
Status: Current,Active
Licensure Date: 02/11/2022
Expires: 08/31/2024
Special Qualification Effective
Qualifications
Residential
Pool/Spa 02/11/2022
Contractor
Construction
02/11/2022
Business
Types of Work Licensee Can Perform
Residential Pool/Spa Contractor
This contractor can build residential swimming pools and repair both
residential and public swimming pools or spas. This contractor's scope
of work includes the installation and repair of equipment, work on
interior finishes, the installation of package pool heaters, the installation
of perimeter and filter piping, and the construction of equipment rooms
or housing for pool/spa equipment. This contractor cannot build public
1
pools or make direct connections to water or sewer lines.
Water treatment and cleaning that does not require th @ installation,
I
construction, replacement, or modification of equipment does not
require a license. Filters may be changed without a license.
Alternate Names ~ ~ a
f
|
View Related License Information
View License Complaint
wee ee nee ee ne ee eee eee eee eee ane ee nee ee ee ee ee eee nen ce bee ee eee nee eee eee
2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395
T
The State of Florida is an AWEEO employer. Copyright 2007-2010 State of Florida. Privacy Statement
Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records
request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please
contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licen: under Chapter 455,
F.S. must provide the Department with an email address if they have one. The emails provided may be used for offi | communication with
the licensee. However email addresses are public record. If you do not wish to supply a personal address, please pr je the Department
with an email address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this
nge.
EXHIBIT "B"
SPRING STREET POOLS, INC.
Residential Swimming Pool Contract
Parties: This Contract is between Spring Street Pools, Inc Certified License CPC1459815
and Ali and David Jay Owners.
Agreement: Contractor agrees to install (3) Residential Pools with Spa, Raised Fountain,
Pavers and Fence described in the attached sketches for which the Owner agrees to pay
Contractor in accordance with, and subject to, the terms and conditions of this Contract.
Price and Terms: The Contract price is $165,000 payable in (5) Work Orders per Pool.
Payable: 20% Deposit at Contract Signing-$11,000.00 starts and covers Working Permit
Drawings Development, Planning, Zoning and Building Department Permit Submittals,
Construction Fence and Signage.
20% 2nd Draw-$11,000 starts and covers Excavation and Steel Placement.
20% 3rd Draw-$11,000 starts and covers Plumbing and Electric and Inspection.
20% 4th Draw-$11,000 starts and covers Shotcrete.
20% 5th Draw-$11,000 starts and covers Plaster, Tile and Pool Start up.
Locations: 1085 and 1101 Sandgrass Blvd, Santa Rosa Beach, Florida 32459 and Origins
Description: Structure: Steel reinforced Concrete or equivalent conforming to
Contractor's Standard Structural Specifications or Working Drawings, with Plaster
interior finish.
Shape: Custom Elevation: Custom Height set at Site Greatest Width: 22'
Greatest Length: 33-8' G est Depth: 5! Tile: 6" at Waterline Backfill by
Contractor with Paver Installation Included.
Filter System: Shall Include Filter and Pump sized to deliver code compliant turnover rate
and includes Pump, complete with strainer, valves, fittings, PVC piping, inlets, cycolac
main drain plate and over flow, gauges, vacuum connection, automatic beam skimmer
and other equipment required for a complete filter system. Overflow: To ground
Filter Rinse: To ground Filter Location: Within 30 Feet included
Other Equipment and Accessories: (Fuel Supply, Fuel Hook Up, Venting, by Others)
Grab Rails or Ladder: No Hydro Jet: (4) Spa Jets Handrail: No
Heater: 400,000 Gas Heater Diving Board: No Diving Stand: No
Slide:No Test Set: No Vacuum Cleaner: No
Hose: No Wall Brush and Pole: No Leaf Skimmer: No
Electrical: By Others. Contractor will coordinate.
Site Preparation and Prepare: Remove Sprinklers: No Cap/Reroute Sprinklers: No
Planting Removal: No Resodding: No De-mucking: No
Remove/Replace Fencing: No Pressure Grouting: No
Other: Alarms to Housing: Yes Gates: None
Time: Project shall be complete within 10 weeks of Permit Date with (1) Day added for
each Rain day during the Contract period.
Spring Street Pools, Inc. CPC1459815 David and
3434 E Co Hwy 30A andchase BIV
anta Beach, Fl 32459 anta Rosa Beach, Flo}id: nfs
Date /2
In Florida, there are Mandatory Provisions for Statements that must be attached to
all Construction Contracts. The Ist is an explanation of the Lien Law. The simple way I
describe it is that when a project Commences, there are Lien Rights for the workers,
designers and material suppliers. Any person who wants to protect their right to place a
Lien if they are unpaid must Ist tell both you and I
1) Who they are 2) Who hired them 3) What is their Contract This is the Notice to Owner
that all professionals send. Once you and IJ receive a Notice to Owner, we have to track
that person on the job, and be sure they are paid according to their Contract. The must
give us a Lien Release each time they are paid.
On our projects, we don't ask for credit, and you most likely will not receive a
Notice to Owner from anyone. Each time you pay Spring Street, we provide you with a
complete Lien Release through that date. Below is the Mandatory Statement
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS
713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR
PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN
FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST
YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF
YOUR CONTRACTOR OR A_ SUBCONTRACTOR FAILS TO PAY
SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS,
THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY
FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN
FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY
ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED
YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR
LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A
SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF,
YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT
IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A
WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS
PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION
LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN
ATTORNEY
The 2nd Statement describes Florida's Construction Industry Recovery Fund. This is
short and explains itself..
FLORIDA HOMEOWNERS’ CONSTRUCTION
RECOVERY FUND
PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE
MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS
RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND
FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY
LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND
ADDRESS:
2601 Blair Stone Road Tallahassee, Florida 32399-1039
Each Pool is custom fit to Lot
Se
CP
cc
tee
a
estera =a
Loa
I ey i
cae Boil
“fi
Jy
=
J
=
a
16:
rf Ca
Spe H
De
a
Ti
Joes F
tr yo
are
H
y
ry
[ol
riot
= feet
Cubes
f=
of =f
SS.
OC
aL
EXHIBIT "C"
STANDARD RESIDENTIAL LEASE AGREEMENT
I. THE PARTIES. This residential lease agreement ("Agreement"), dated
, 20 , by and between:
LANDLORD: The Landlord is an individual known as David Jay of 174 Watercolor Way Suite 103-
346, Santa Rosa Beach, Florida, 32459, hereinafter known as the "Landlord", and
TENANT(S): An individual known as John Carroll, hereinafter known as the "Tenant(s)", agree to the
following:
II. OCCUPANT(S). The Premises described in Section III is to be occupied strictly as a residential
dwelling by the Tenant(s) and no other individuals ("Occupant(s)").
III. LEASED PREMISES. The Landlord hereby rents to the Tenant(s), subject to the terms and
conditions of this Agreement, a single-family home with a property and mailing address of 1085
Sandgrass Blvd, Santa Rosa Beach, Florida, 32459, consisting of 3.5 bathroom(s) and 4 bedroom(s)
(the "Premises"). The Landlord shall send the Tenant(s) any notices to the Premises aforesaid mailing
address.
IV. PURPOSE. The Tenant(s) and any Occupant(s) may only use the Premises as a residential
dwelling. It may not be used for storage, manufacturing of any type of food or product, professional
service(s), or for any commercial use, unless otherwise stated in this Agreement.
V. FURNISHINGS. The Premises is not furnished.
VI. APPLIANCES. The Landlord shall provide the following appliances:
Air Conditioner Equipment, Dishwasher, Dryer (for laundry), Furnace, Garage Door Opener, Garbage
Disposal, Hot Water Heater, HVAC Equipment, Lighting Fixtures, Microwave, Oven, Refrigerator,
Smoke Detector(s), Stove, Thermostats and Controls, Washer (for laundry), all of which shall be on the
Premises and functional upon the move-in date of the Tenant(s) ("Appliances and Fixtures").
Any damage caused to the Appliances and Fixtures from negligence, carelessness, accidents, or abuse
shall be the responsibility of the Tenant(s).
VII. LEASE TERM. The term of this Agreement shall be a fixed-period arrangement beginning on
March 1 2023 and ending on December 31 2023 ("Lease Term"). The Tenant(s) will be required to
move out at the end of the Lease Term unless the Landlord and Tenant(s) authorize a renewal,
extension, or separate agreement in writing.
VIII. RENT. Tenant(s) shall pay the Landlord a monthly rent of $5,000.00 ("Rent"). The Rent will be
due on the First (1st) of every month ("Rent Due Date"), and Rent shall be paid through an electronic
payment known as Automated Clearing House or "ACH". Details of the Tenant's banking information
and authorization shall be attached to this Lease Agreement.
Page 1
IX. NON-SUFFICIENT FUNDS (NSF CHECKS). If the Tenant(s) attempts to pay Rent with a
check, electronic transaction, or through any other means authorized by this Agreement, that fails to
clear the transaction of Rent funds due to non-sufficient funds ("NSF"), there shall be no fee.
X. LATE FEE. If the Tenant(s) fails to pay Rent on the Rent Due Date, there shall be a late fee
assessed by the Landlord in the amount of:
5% percent of Rent per occurrence for each Rent payment that is late after the 15th day following the
Rent Due Date.
XI. FIRST (1ST) MONTH'S RENT. First (1st) month's Rent payment shall be due by the Tenant(s)
upon the execution of this Agreement.
XII. PRE-PAYMENT. The Landlord shall not require any pre-payment of Rent by the Tenant(s).
XIII. PRORATION PERIOD. The Tenant(s) will not move into the Premises before the start of the
Lease Term.
XIV. SECURITY DEPOSIT. The Tenant(s) shall not be obligated to pay a security deposit as part of
this Agreement.
XV. POSSESSION. Tenant(s) shall make reasonable efforts to examine the condition of the Premises
before taking possession. Once the Tenant(s) takes possession of the Premises, the Tenant(s)
acknowledges the Premises is in acceptable order and consents to take possession of the Premises in its
current condition unless otherwise stated herein. Failure of the Landlord to deliver possession of the
Premises to the Tenant(s) at the start of the Lease Term shall terminate this Agreement at the option of
the Tenant(s). Furthermore, under such failure to deliver possession by the Landlord, and if the
Tenant(s) opts to cancel this Agreement, any Security Deposit required under Section XIV of this
Agreement shall be returned to the Tenant(s) along with any other pre-paid Rent and fees, including
any fees paid by the Tenant(s) in connection with the application process before the execution of this
Agreement.
XVI. OPTION TO PURCHASE. The Tenant(s) shall NOT have the right to purchase the Premises
unless the Landlord and Tenant(s) agree otherwise in writing.
XVII. ACCESS. Upon the start of the Proration Period or the Lease Term, whichever is earlier, the
Landlord agrees to give access to the Tenant(s) in the form of keys, fobs, cards, or any type of keyless
security entry device needed to enter the Premises and any designated common areas. Duplicate copies
of the access forms hereof may be authorized only under the consent of the Landlord, and, if any
replacements are needed, the Landlord may provide them for a reasonable fee. At the end of this
Agreement, any keys, fobs, cards, or keyless entry devices provided to the Tenant(s) shall be returned
to the Landlord or a fee will be billed directly to the Tenant(s) or deducted from the Security Deposit.
XVIII. MOVE-IN INSPECTION. Before the Tenant(s) accepts possession as described in Section
XV of this Agreement, or shortly thereafter if agreed upon, the Landlord and Tenant(s) shall not
perform an inspection of the Premises.
XIX. SUBLETTING. The Tenant(s) shall NOT have the right to sublet the Premises or any part
thereof without the prior written consent of the Landlord. If consent is granted by the Landlord, the
Tenant(s) will be responsible for all actions and liabilities of the sublessee, including but not limited to
Page 2
any damage to the Premises, nonpayment of Rent, and eviction procedures. In the event of an eviction,
the Tenant(s) shall be responsible for all court filing fees, legal representation, and any other fees
associated with removing the sublessee. The express written consent from the Landlord for one sublet
agreement shall not authorize consent for any subsequent sublet agreements, and in such case, the
Tenant(s) must seek consent from the Landlord for the subsequent sublet agreement.
XX. ABANDONMENT. If the Tenant(s) abandons or otherwise vacates the Premises for a period
equal to the minimum period set by state law or seven (7) days, whichever is less, the Landlord shall
have the right to terminate this Agreement immediately and remove all personal belongings, including
any personal property of the Tenant(s), from the Premises in the manner prescribed by state and local
laws.
XXI. ASSIGNMENT. The Tenant(s) shall NOT assign or otherwise transfer the residential lease
interest described in this Agreement without first obtaining the written consent of the Landlord. Written
consent from the Landlord for one assignment shall not authorize consent for any subsequent
assignments, and in such case, the Tenant(s) must seek consent from the Landlord for subsequent
assignments.
XXII. PARKING. The Landlord shall provide the Tenant(s) 2 Parking Spaces.
The Landlord shall not charge a fee forthe 2 Parking Spaces.
XXIII. RIGHT OF ENTRY. The Landlord shall have the right to enter the Premises during normal
working hours by providing notice in accordance with the minimum state requirements in order to
conduct inspections, make necessary repairs, alterations or improvements, supply services as
previously agreed, and for any other reasonable purposes. The Landlord may exhibit the Premises to
prospective purchasers, mortgagees, or lessees upon reasonable notice to the Tenant(s).
XXIV. SALE OF PROPERTY. If the Premises is sold, the Tenant(s) is to be notified of the new owner
and the new property manager, if any, and their contact details for repairs and maintenance shall be
forwarded to the Tenant(s). If the Premises is conveyed to another party, the new owner shall not have
the right to terminate this Agreement and it shall continue under the terms and conditions agreed upon
by the Landlord and Tenant(s).
XXV. UTILITIES. The Landlord shall not pay for any of the utilities and services and will be the
responsibility of the Tenant(s).
XXVI. MAINTENANCE, REPAIRS, OR ALTERATIONS. The Tenant(s) at all times shall, at their
own expense unless otherwise stated in this Agreement, maintain the Premises in a clean and sanitary
manner, and shall surrender the same at termination hereof, in as good condition as received, normal
wear and tear excepted. The Tenant(s) may not make any alterations to the Premises without the written
consent of the Landlord. The Landlord shall be responsible for structural repairs to defects in the
interior and exterior of the Premises.
The Landlord shall place fresh batteries in all battery-operated smoke detectors before the Tenant(s)
moves into the Premises. After the initial placement of the fresh batteries, it is the responsibility of the
Tenant(s) to replace batteries if and when needed. Additionally, a monthly cursory inspection may be
required for all fire extinguishers to make sure they are fully operational and charged.
Page 3
XXVII. EARLY TERMINATION. The Tenant(s) may not cancel this Agreement unless the Tenant(s)
is a victim of domestic violence, and in such case, the Tenant(s) may be able to cancel in accordance
with any local, state, or federal laws.
XXVIII. PETS. The Tenant(s) shall not be allowed to have pets on the Premises or common areas
except those that are necessary for individuals with disabilities.
XXIX. WASTE. The Tenant(s) agrees not to commit waste on the Premises, maintain, or permit to be
maintained, a nuisance thereon, or use, or permit the Premises to be used, in an unlawful manner.
XXX. NOISE. The Tenant(s) agrees to abide by any and all local, county, and state noise ordinances.
XXXI. GUESTS. There shall be no other persons living on the Premises other than any authorized
Tenant(s) and Occupant(s). Guests of the Tenant(s) are allowed to visit and stay on the Premises for a
period of no more than forty-eight hours, unless the Landlord approves otherwise ("Guest(s)").
XXXII. SMOKING POLICY. Smoking on the Premises is prohibited on the entire Premises,
including any common areas and adjoining properties.
XXXII. COMPLIANCE WITH LAW. For the entire duration of the Lease Term, the Tenant(s)
agrees to comply with any present and future laws, ordinances, orders, rules, regulations, and
requirements of the federal, state, county, city, and municipal governments or any of their departments,
bureaus, boards, commissions, and officials thereof with respect to the Premises, or the use or
occupancy thereof, whether said compliance shall be ordered or directed to or against the Tenant(s), the
Landlord, or both.
XXXIV. DEFAULT. If the Tenant(s) fails to comply with any of the financial, material, or
miscellaneous provisions of this Agreement, or any present rules and regulations of the tenancy under
this Agreement in general that may be hereafter prescribed by the Landlord, or materially fails to
comply with any duties imposed on the Tenant(s) by statute, regulations, ordinances, orders, or any
other mandates imposed by federal, state, and local governments, within the timeframe after delivery of
a written notice to quit by the Landlord specifying noncompliance with this Agreement and indicating
the intention of the Landlord to terminate the Agreement by reason thereof, the Landlord may terminate
this Agreement. If the Tenant(s) fails to pay Rent upon the Rent Due Date, and the default continues for
the timeframe specified in the written notice to quit thereafter, the Landlord may, at their option,
declare the entire balance (compiling all months applicable to this Agreement) of Rent payable
hereunder to be immediately due. The Landlord may exercise any and all rights and remedies available
to the Landlord at law or in equity, and the Landlord may terminate this Agreement immediately by
exercising the rights and remedies thereof.
The Tenant(s) shall be in default if any of the following applies: (a) Tenant(s) does not pay Rent on the
Rent Due Date and after the state- or locally-mandated grace period, if any, or if the Tenant(s) fails to
pay any other dues owed in accordance with respective local and state laws and this Agreement; (b)
Tenant(s), Occupant(s), or any Guest(s) thereof, violate the terms and conditions of this Agreement, or
any local ordinances, fire-safety or health codes, or violate any criminal laws, regardless of whether
arrest or conviction occurs; (c) Tenant(s) abandons the Premises as described in Section XX of this
Agreement; (d) Tenant(s) gives incorrect or false information in their rental application, if any; (e)
Tenant(s), Occupant(s), or Guest(s) thereof, is arrested, convicted, or given deferred adjudication for a
criminal offense involving actual or potential physical harm to a person, or involving possession,
manufacture, or delivery of a controlled substance, marijuana, or drug paraphernalia under state statute;
Page 4
(f) any illegal drugs or paraphernalia are found in the Premises or on the person of the Tenant(s),
Occupant(s), or Guest(s) thereof, while on the Premises; and (g) as otherwise allowed by local, state,
and federal law.
XXXV. MULTIPLE TENANT(S) OR OCCUPANT(S). Each individual that is considered a
Tenant(s) or Occupant(s) in this Agreement is jointly and individually liable for all of this Agreement's
obligations, including but not limited to Rent monies. If any Tenant(s), Occupant(s), or guests thereof,
violates this Agreement, the Tenant(s) is considered to have violated this Agreement. Landlord’s
requests and notices to the Tenant(s) or any of the Occupant(s) of legal age constitutes notice to the
Tenant(s). Notices and requests from the Tenant(s), or anyone of the Occupant(s), including repair
requests and entry permissions, constitutes notice from the Tenant(s). In eviction suits, the Tenant(s) is
considered the agent of the Premises for the service of process.
XXXVI. DISPUTES. If a dispute arises during or after the Lease Term between the Landlord and
Tenant(s), they shall agree to hold negotiations amongst themselves in "good faith" before any
litigation.
XXXVII. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for
any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement, nor
the application of the provision to other persons, entities, or circumstances shall be affected thereby, but
instead, shall be enforced to the maximum extent permitted by law.
XXXVIII. SURRENDER OF PREMISES. The Tenant(s) has surrendered the Premises when (a) the
move-out date has passed and no persons are living in the Premises within the Landlord’s reasonable
judgment, or (b) access to the Premises has been turned to Landlord, whichever of (a) or (b) comes
first. Upon the expiration of the Lease Term, the Tenant(s) shall surrender the Premises in better or
equal condition as it was at the commencement of this Agreement, albeit with reasonable use, wear~-
and-tear, and damages caused by the natural elements excepted.
XXXIX. RETALIATION. The Landlord is prohibited from making any type of retaliatory acts against
the Tenant(s), including, but not limited to, restricting access to the Premises, decreasing or canceling
Utilities and Services, failure to repair Appliances and Fixtures, or any other deliberate acts that could
be considered unjustified and retaliatory against the Tenant(s).
XL. WAIVER. The Landlord's waiver of a breach of any covenant or duty imposed on the Tenant(s)
under this Agreement shall not constitute, or be construed as, a waiver of a breach of any other
covenant or duty imposed on the Tenant(s), or of any subsequent breach of the same covenant or duty.
No provision, covenant, or clause of this Agreement shall be considered waived unless such a waiver is
expressed in writing as a formal amendment to this Agreement and executed by the Tenant(s) and
Landlord.
XLI. EQUAL OPPORTUNITY. The Landlord shall make reasonable accommodations in rules,
policies, practices, and services under this Agreement for Tenant(s) or Occupant(s) with a proven
record of a physical or mental "handicap" as defined in 42 U.S.C.A. §§ 3604-3607 ("Handicaps"),
provided such accommodations are reasonably within the Landlord's financial and practical means. The
Landlord may issue consent to the Tenant(s) to make reasonable modifications to the Premises, at the
Tenant(s) expense, to afford the Tenant(s) or any Occupant(s) with Handicaps the full enjoyment of the
Premises. Any Handicaps of the Tenant(s) or Occupant(s) should be disclosed and presented to the
Landlord, in writing, in order to seek the most appropriate route for providing any accommodations to
the Premises. Landlord shall not discriminate against the Tenant(s) with Handicaps during the course of
Page 5
the Lease Term or in the rental application process. Further, the Landlord shall not discriminate against
the Tenant(s) during the Lease Term or in the rental application process based on race, color, national
origin, religion, sex, familial status, or any other status protected by law.
XLII. HAZARDOUS MATERIALS. The Tenant(s) agrees not to possess any type of personal
property that could be considered a fire hazard on the Premises, such as a substance with highly
flammable or explosive characteristics. Items prohibited from being brought into the Premises, other
than for everyday cooking or those needed for operating an appliance, includes, but is not limited to,
compressed gas, gasoline, fuel, propane, kerosene, motor oil, fireworks, or any other similar item or
related substance in the form of a liquid, solid, or gas.
XLII. WATERBEDS. The Tenant(s) is not permitted to furnish the Premises with waterbeds.
XLIV. INDEMNIFICATION. The Landlord shall not be liable for any damage or injury to the
Tenant(s), Occupant(s), any Guest(s), or any other persons, nor shall Landlord be liable for any damage
to any property that occurs on the Premises, its common areas, or any part thereof, and the Tenant(s)
agrees to hold the Landlord harmless from any claims or damages unless caused solely by the
Landlord's negligence. It is therefore recommended Tenant(s), at their expense, purchase renter's
insurance.
XLV. COVENANTS. The covenants and conditions herein contained shall apply to and bind the heirs,
legal representatives, and assigns of the parties hereto, and all covenants are to be construed as
conditions of this Agreement.
XLVI. NOTICES. Any notice sent from the Landlord or the Tenant(s) to the other party shall be
addressed to the underneath mailing addresses.
Landlord's Mailing Address and Contact Information:
David Jay
174 Watercolor Way Suite 103-346, Santa Rosa Beach, Florida, 32459
Phone Number: (850) 345-6750 Email: david@agree.com
Tenant's(s') Mailing Address:
John Carroll
1085 Sandgrass Blvd, Santa Rosa Beach, Florida, 32459
Landlord's Agent / Property Manager: The Landlord does not have or otherwise authorize an agent
or property manager, and all contact with regards to any repair, maintenance, or complaint must by
communicated directly to the Landlord using the above-mentioned contact information.
XLVII. PREMISES DEEMED UNINHABITABLE. If the Premises is deemed uninhabitable due to
damages beyond reasonable repair, the Tenant(s) shall be able to terminate this Agreement by written
notice to the Landlord. If said damage was caused by negligence of the Tenant(s), Occupant(s), or their
Guest(s), the Tenant(s) shall be liable to the Landlord for all pertinent repairs and for the loss of income
due to restoring the Premises back to a livable condition in addition to any other losses that can be
proved by the Landlord.
Page 6
XLVIII. SERVICEMEMBERS CIVIL RELIEF ACT. In the event the Tenant(s) is currently, or
hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter
the Tenant(s) receives permanent change of station (PCS) orders to depart from the area where the
Premises is located, or is relieved from active duty, retires or separates from the military, is ordered into
military housing, or receives deployment orders, then in any of these events, the Tenant(s) may
terminate this Agreement by giving thirty (30) days' written notice to the Landlord. The Tenant(s) shall
also furnish unto the Landlord a copy of the official orders, or a letter signed by the commanding
officer of the Tenant(s), reflecting the change that warrants termination of this Agreement under this
clause. The Tenant(s) shall pay prorated Rent for any days in which the Tenant(s) occupies the Premises
past the beginning of the Lease Term. Further, any Security Deposit shall be returned, deducted, or
otherwise retained in accordance with Section XIV of this Agreement.
XLIX. DISCLOSURES.
a.) IDENTIFICATION. Under Florida law, the Landlord is required to provide the name and address as
a contact for the Tenant(s) in this Agreement. Such information can be found in Section XLVI of this
Agreement.
b.) RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your county health
department.
L. LEAD-BASED PAINT. The Premises was not constructed before 1978 and therefore does not
contain lead-based paint.
LI. GOVERNING LAW. This Agreement shall be subject to and governed by the laws of the State of
Florida.
LII. AGENCY RELATIONSHIP. Neither the Landlord nor the Tenant(s) utilized the services of a
real estate agency or a real estate agent to negotiate, draft, or execute this Agreement.
LI. ADDITIONAL TERMS AND CONDITIONS. In addition to all the terms, conditions,
covenants, and provisions of this Agreement, the Landlord and Tenant(s) agree to the following: HOA
fees and utility fees (based on usage) will be charged to the tenant each month.
LIV. ENTIRE AGREEMENT. This Agreement contains all the terms, conditions, covenants, and
provisions agreed on by the Landlord, Tenant(s), and any other relevant party to this Agreement,
relating to its subject matter, including any attachments or addendums. This Agreement replaces any
and all previous discussions, understandings, and oral agreements. The Landlord and Tenant(s) agree to
this Agreement and shall be bound until the end of the Lease Term.
The parties have agreed and duly executed this Agreement on
20.
Landlord's Signature:
David Jay
Page 7
Tenant's Signature:
John Carroll
Page 8
AMOUNT ($) DUE AT SIGNING
First (1st) Month's Rent: $5,000.00
Page 9
AUTHORIZATION FOR AUTOMATED CLEARINGHOUSE (ACH)
RECURRING PAYMENT
1, [Tenant's Name], authorize regularly scheduled charges to my
checking/savings account during the Lease Term of the Agreement. I agree to be charged the amount
indicated below for each payment of Rent on the Rent Due Date. I agree that no prior notification or
reminder will be provided by the Landlord unless otherwise agreed upon by the date of this
authorization, or shortly thereafter.
1 [Tenant's Name], authorize [Landlord's Nam
Preview
Filing # 188446158 E-Filed 12/20/2023 03:26:57 PM IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR WALTON COUNTY, FLORIDA DAVID JAY and ALI JAY, Plaintiffs, Vv. CASE NO.: SPRING STREET POOLS, INC. and JOHN CARROLL, Defendants. / COMPLAINT Plaintiffs, DAVID JAY and ALI JAY (collectively the “Jays”), by and through their undersigned counsel, hereby sue Defendants, SPRING STREET POOLS, INC. (“SSP”) and JOHN CARROLL (“Carroll”), and allege as follows: GENERAL ALLEGATIONS 1 Atall times relevant, the Jays own real properties in Walton County, Florida located at 1085 Sandgrass Blvd., Santa Rosa Beach, FL 32459 (“1085 Sandgrass”) and 1101 Sandgrass Blvd., Santa Rosa Beach, FL 32459 (“1101 Sandgrass”). 2 At all times relevant, David Jay owns property located at 315 W Lafayette Road, Inlet Beach, FL 32461 (“315” or “Origins”). 3 Atall times relevant, Carroll is a resident of Walton County, Florida. 4 At all times relevant, Carroll is a Florida Certified Pool/Spa Contractor holding license number CPC1459815 with a main address of 2078 US Hwy 98 W Unit 105 Suite 125, Santa Rosa Beach, FL 32459. Electronically Filed Walton Case # 23000677CAAXMX 12/20/2023 02:26:57 PM 5 At all times relevant, SSP is the “doing business as” (“dba”) name for license number CPC1459815. A copy of the Licensee Details for Carroll and SSP for license number CPC1459815 is attached hereto and made a part hereof as Exhibit “A”. 6 On or about February 12, 2023, the Jays and SSP entered into a Residential Swimming Pool Contract (the “Contract”) wherein SSP agreed to construct three (3) residential pools with spa, raised fountains, pavers and fences for the Jays for a total contract price of $165,000.00 (the “Contract Price”). A copy of the Contract is attached hereto and made a part hereof as Exhibit “B”. The Contract Price was payable in five (5) work orders per pool. The three (3) pools were to be installed at 1085 Sandgrass, 1101 Sandgrass, and Origins. 7 Pursuant to the Contract, the Jays were to pay a 20% deposit of $11,000.00 per pool at the time of signing the Contract that covered working permit drawings development, planning, zoning and building department submittals, construction fence and signage. 8 The Jays paid SSP $33,000.00 at the time of entering into the Contract. 9 Pursuant to the Contract, completion of the residential swimming pool installation was to “be complete within 10 weeks of Permit Date with (1) Day added for each Rain day during the Contract period.” 10. For 1085 Sandgrass, permit number RP-23-2461 was issued by Walton County on May 12, 2023. ll. For Origins, permit number RP-23-2473 was issued by Walton County on May 19, 2023. 12. To date, no residential pool permit has been issued by Walton County for 1101 Sandgrass. On information and belief, SSP has not submitted an application for a residential pool permit for 1101 Sandgrass. 13. Subsequently, Carroll and David Jay entered into a Standard Residential Lease Agreement (the “Lease”) wherein Carroll agreed to rent the property located at 1085 Sandgrass from David Jay for a monthly rent of $5,000.00, with the rental term commencing on March 1, 2023 and ending on December 31, 2023. A copy of the unexecuted Lease is attached hereto and made a part hereof as Exhibit “C”. It is believed that Carroll has the executed version in his possession. 14. Pursuant to section LIII of the Lease, Carroll agreed to be responsible for the payment of HOA fees and utility fees for the Property during the term of the Lease. 15. Carroll moved into 1085 Sandgrass in March of 2023 pursuant to the Lease. 16. This Court has jurisdiction over this action as the damages sought in the aggregate are in excess of $50,000.00, exclusive of attorney’s fees and costs. COUNT I- BREACH OF LEASE 17. Plaintiff, David Jay, realleges the allegations of paragraphs 1 through 16 as if set forth herein. 18. Venue is proper in Walton County, Florida pursuant to Fla. Stat. §47.011 as the Defendant, Carroll, resides in Walton County, Florida, and the cause of action accrued in Walton County, Florida. 19. Carroll occupied 1085 Sandgrass from March of 2023 until he vacated the Property on or around September 17, 2023. 20. Prior to his vacation of the Property, Carroll was served a Three-Day Notice to Quit or Pay Rent from David Jay. A copy of the Three-Day Notice to Quit or Pay Rent is attached hereto as Exhibit “D”. 21. Carroll never made any payment of the monthly rent to David Jay under the Lease. 22. Carroll did not pay any HOA fees or utility fees for the Property during his time of occupancy of the Property. 23. Pursuant to section X of the Lease, if Carroll failed to pay the rent by the due date each month, he was responsible for a late fee of 5% of the monthly rent per occurrence. 24. At the time that Carroll vacated the Property, he owed David Jay the sum of $40,542.00, representing the unpaid rent for the months of March through September of 2023, along with HOA fees and utilities paid by David Jay on behalf of Carroll. 25. Carroll had no justification for the failure to pay rent to David Jay under the Lease. 26. Plaintiff, David Jay, has suffered damages due to Carroll’s breach of the Lease as he has furnished housing for Carroll and received no compensation for providing such housing. 27. Pursuant to Fla. Stat. §83.625, David Jay is entitled to an award of attorney’s fees and costs. WHEREFORE, Plaintiff, DAVID JAY, respectfully requests the entry of a judgment in his favor against Defendant, JOHN CARROLL, awarding David Jay his damages, plus pre-judgment interest, awarding David Jay his attorney’s fees and costs pursuant to Fla. Stat. §83.625, and granting any and all other relief the Court deems proper and just. COUNT II - BREACH OF CONTRACT AGAINST SPRING STREET POOLS, INC. 28. The Jays reallege the allegations of paragraphs 1 through 16 as if set forth herein. 29. Venue is proper in Walton County, Florida pursuant to Fla. Stat. §47.011 as the Defendant’s, SSP, principal place of business is located in Walton County, Florida, and the cause of action accrued in Walton County, Florida. 30. SSP has defaulted under the terms of the Contract by failing to complete construction of the three (3) residential pools pursuant to the terms of the Contarct. 31. SSP’s default includes, but is not limited to, failure to complete each pool within ten (10) weeks of the permit date and failing to provide the services covered by the first draw paid by the Jays pursuant to the Contract. 32. The Jays have paid SSP $33,000.00 towards pool construction to date. 33. SSP has not performed any of its responsibilities for the pool at 1101 Sandgrass as SSP has not even submitted a permit application to Walton County, Florida. 34. SSP has dug a hole in the yard at Origins for a pool but has not completed the steel placement. 35. The parties have discussed trading rent due by Carroll for the Lease for payment draws due under the Contract, however ,the Jays have paid more money to SSP and are owed more money from Carroll than would be due to SSP for work performed by SSP. 36. SSP has no justification for failing to perform its duties and complete the pools pursuant to the Contract terms. 37. The Jays have suffered damages due to SSP’s breach of the Contract as they have properties that have incomplete construction in their yards and have paid money to SSP for services not performed. 38. The Jays are entitled to an award of costs pursuant to Fla. Stat. §57.041(1). WHEREFORE, Plaintiffs, DAVID JAY and ALI JAY, respectfully request the entry of a judgment in their favor against Defendant, SPRING STREET POOLS, INC., awarding the Jays their damages, plus pre-judgment interest, awarding costs pursuant to Fla. Stat. §57.041, and granting any and all other relief the Court deems proper and just. COUNT IH — UNJUST ENRICHMENT 39. The Jays realleage the allegations of paragraphs 1-38 above as set forth herein. 40. Count III is pled in the alternative to Counts I and II above should the Court not find their to be a valid lease or contract between the parties. 41. The Jays have conferred a benefit on Carroll by providing him housing in the form of use and occupancy of 1085 Sandgrass. 42. Carroll has retained that benefit conferred by residing in the Property from March 2023 to September 2023. 43. Allowing Carroll to retain the benefit conferred would be inequitable as he has not paid the Jays for the full value of said benefit. 44, Further, the Jays have conferred a benefit on SSP by paying for services that have not been performed by SSP. 45. SSP has retained the benefit conferred by accepting payment from the Jays. 46. Allowing SSP to retain the benefit conferred would be inequitable as SSP has not performed the work on the installation of the three (3) pools. WHEREFORE, Plaintiffs, DAVID JAY and ALI JAY, respectfully request the entry of a judgment in their favor against Defendants, JOHN CARROLL and SPRING STREET POOLS, INC., awarding the Jays their damages, plus pre-judgment interest, awarding costs pursuant to Fla. Stat. §57.041, and granting any and all other relief the Court deems proper and just. Respectfully submitted, DUNLAP & SHIPMAN, P.A. /s/ Michael J. Henry Michael J. Henry (FBN 0069044) 2063 S. County Hwy. 395 Santa Rosa Beach, FL 32459 Telephone: (850) 231-3315 Facsimile: (850) 231-5816 Primary: michael@dunlapshipman.com Counsel for Plaintiffs David Jay and Ali Jay EXHIBIT "A" THE OFFICH Sit MiMe OF BUSINES Ob &bL ub oO dis pr & srtry ne HOME CONTACT US ONLINE SERVICES LICENSEE DETAILS 10:54:18 AM 12/18/2023 Licensee Information Apply for a License Name: CARROLL, JOHN Veri Li ee P (Primary Name) SPRING STREET POOLS View Food & Lodging Inspections INC (DBA Name) File a Complaint Main 2078 US HWY 98 W UNIT Address: 105 SUITE 125 Continuing Education Cours SANTA ROSA Search BEACH Florida 32459 County: WALTON View Application Status Find Exam Information License 3434 EAST COUNTY Location: HWY 30A Unlicensed Activity Search SANTA ROSA BEACH FL 32459 AB&T Delinquent Invoice & Activity List Search County: WALTON License Information License Type: Certified Pool/Spa Contractor : Rank: Cert Pool License Number: CPC1459815 Status: Current,Active Licensure Date: 02/11/2022 Expires: 08/31/2024 Special Qualification Effective Qualifications Residential Pool/Spa 02/11/2022 Contractor Construction 02/11/2022 Business Types of Work Licensee Can Perform Residential Pool/Spa Contractor This contractor can build residential swimming pools and repair both residential and public swimming pools or spas. This contractor's scope of work includes the installation and repair of equipment, work on interior finishes, the installation of package pool heaters, the installation of perimeter and filter piping, and the construction of equipment rooms or housing for pool/spa equipment. This contractor cannot build public 1 pools or make direct connections to water or sewer lines. Water treatment and cleaning that does not require th @ installation, I construction, replacement, or modification of equipment does not require a license. Filters may be changed without a license. Alternate Names ~ ~ a f | View Related License Information View License Complaint wee ee nee ee ne ee eee eee eee eee ane ee nee ee ee ee ee eee nen ce bee ee eee nee eee eee 2601 Blair Stone Road, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 T The State of Florida is an AWEEO employer. Copyright 2007-2010 State of Florida. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licen: under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for offi | communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please pr je the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this nge. EXHIBIT "B" SPRING STREET POOLS, INC. Residential Swimming Pool Contract Parties: This Contract is between Spring Street Pools, Inc Certified License CPC1459815 and Ali and David Jay Owners. Agreement: Contractor agrees to install (3) Residential Pools with Spa, Raised Fountain, Pavers and Fence described in the attached sketches for which the Owner agrees to pay Contractor in accordance with, and subject to, the terms and conditions of this Contract. Price and Terms: The Contract price is $165,000 payable in (5) Work Orders per Pool. Payable: 20% Deposit at Contract Signing-$11,000.00 starts and covers Working Permit Drawings Development, Planning, Zoning and Building Department Permit Submittals, Construction Fence and Signage. 20% 2nd Draw-$11,000 starts and covers Excavation and Steel Placement. 20% 3rd Draw-$11,000 starts and covers Plumbing and Electric and Inspection. 20% 4th Draw-$11,000 starts and covers Shotcrete. 20% 5th Draw-$11,000 starts and covers Plaster, Tile and Pool Start up. Locations: 1085 and 1101 Sandgrass Blvd, Santa Rosa Beach, Florida 32459 and Origins Description: Structure: Steel reinforced Concrete or equivalent conforming to Contractor's Standard Structural Specifications or Working Drawings, with Plaster interior finish. Shape: Custom Elevation: Custom Height set at Site Greatest Width: 22' Greatest Length: 33-8' G est Depth: 5! Tile: 6" at Waterline Backfill by Contractor with Paver Installation Included. Filter System: Shall Include Filter and Pump sized to deliver code compliant turnover rate and includes Pump, complete with strainer, valves, fittings, PVC piping, inlets, cycolac main drain plate and over flow, gauges, vacuum connection, automatic beam skimmer and other equipment required for a complete filter system. Overflow: To ground Filter Rinse: To ground Filter Location: Within 30 Feet included Other Equipment and Accessories: (Fuel Supply, Fuel Hook Up, Venting, by Others) Grab Rails or Ladder: No Hydro Jet: (4) Spa Jets Handrail: No Heater: 400,000 Gas Heater Diving Board: No Diving Stand: No Slide:No Test Set: No Vacuum Cleaner: No Hose: No Wall Brush and Pole: No Leaf Skimmer: No Electrical: By Others. Contractor will coordinate. Site Preparation and Prepare: Remove Sprinklers: No Cap/Reroute Sprinklers: No Planting Removal: No Resodding: No De-mucking: No Remove/Replace Fencing: No Pressure Grouting: No Other: Alarms to Housing: Yes Gates: None Time: Project shall be complete within 10 weeks of Permit Date with (1) Day added for each Rain day during the Contract period. Spring Street Pools, Inc. CPC1459815 David and 3434 E Co Hwy 30A andchase BIV anta Beach, Fl 32459 anta Rosa Beach, Flo}id: nfs Date /2 In Florida, there are Mandatory Provisions for Statements that must be attached to all Construction Contracts. The Ist is an explanation of the Lien Law. The simple way I describe it is that when a project Commences, there are Lien Rights for the workers, designers and material suppliers. Any person who wants to protect their right to place a Lien if they are unpaid must Ist tell both you and I 1) Who they are 2) Who hired them 3) What is their Contract This is the Notice to Owner that all professionals send. Once you and IJ receive a Notice to Owner, we have to track that person on the job, and be sure they are paid according to their Contract. The must give us a Lien Release each time they are paid. On our projects, we don't ask for credit, and you most likely will not receive a Notice to Owner from anyone. Each time you pay Spring Street, we provide you with a complete Lien Release through that date. Below is the Mandatory Statement ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A_ SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY The 2nd Statement describes Florida's Construction Industry Recovery Fund. This is short and explains itself.. FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: 2601 Blair Stone Road Tallahassee, Florida 32399-1039 Each Pool is custom fit to Lot Se CP cc tee a estera =a Loa I ey i cae Boil “fi Jy = J = a 16: rf Ca Spe H De a Ti Joes F tr yo are H y ry [ol riot = feet Cubes f= of =f SS. OC aL EXHIBIT "C" STANDARD RESIDENTIAL LEASE AGREEMENT I. THE PARTIES. This residential lease agreement ("Agreement"), dated , 20 , by and between: LANDLORD: The Landlord is an individual known as David Jay of 174 Watercolor Way Suite 103- 346, Santa Rosa Beach, Florida, 32459, hereinafter known as the "Landlord", and TENANT(S): An individual known as John Carroll, hereinafter known as the "Tenant(s)", agree to the following: II. OCCUPANT(S). The Premises described in Section III is to be occupied strictly as a residential dwelling by the Tenant(s) and no other individuals ("Occupant(s)"). III. LEASED PREMISES. The Landlord hereby rents to the Tenant(s), subject to the terms and conditions of this Agreement, a single-family home with a property and mailing address of 1085 Sandgrass Blvd, Santa Rosa Beach, Florida, 32459, consisting of 3.5 bathroom(s) and 4 bedroom(s) (the "Premises"). The Landlord shall send the Tenant(s) any notices to the Premises aforesaid mailing address. IV. PURPOSE. The Tenant(s) and any Occupant(s) may only use the Premises as a residential dwelling. It may not be used for storage, manufacturing of any type of food or product, professional service(s), or for any commercial use, unless otherwise stated in this Agreement. V. FURNISHINGS. The Premises is not furnished. VI. APPLIANCES. The Landlord shall provide the following appliances: Air Conditioner Equipment, Dishwasher, Dryer (for laundry), Furnace, Garage Door Opener, Garbage Disposal, Hot Water Heater, HVAC Equipment, Lighting Fixtures, Microwave, Oven, Refrigerator, Smoke Detector(s), Stove, Thermostats and Controls, Washer (for laundry), all of which shall be on the Premises and functional upon the move-in date of the Tenant(s) ("Appliances and Fixtures"). Any damage caused to the Appliances and Fixtures from negligence, carelessness, accidents, or abuse shall be the responsibility of the Tenant(s). VII. LEASE TERM. The term of this Agreement shall be a fixed-period arrangement beginning on March 1 2023 and ending on December 31 2023 ("Lease Term"). The Tenant(s) will be required to move out at the end of the Lease Term unless the Landlord and Tenant(s) authorize a renewal, extension, or separate agreement in writing. VIII. RENT. Tenant(s) shall pay the Landlord a monthly rent of $5,000.00 ("Rent"). The Rent will be due on the First (1st) of every month ("Rent Due Date"), and Rent shall be paid through an electronic payment known as Automated Clearing House or "ACH". Details of the Tenant's banking information and authorization shall be attached to this Lease Agreement. Page 1 IX. NON-SUFFICIENT FUNDS (NSF CHECKS). If the Tenant(s) attempts to pay Rent with a check, electronic transaction, or through any other means authorized by this Agreement, that fails to clear the transaction of Rent funds due to non-sufficient funds ("NSF"), there shall be no fee. X. LATE FEE. If the Tenant(s) fails to pay Rent on the Rent Due Date, there shall be a late fee assessed by the Landlord in the amount of: 5% percent of Rent per occurrence for each Rent payment that is late after the 15th day following the Rent Due Date. XI. FIRST (1ST) MONTH'S RENT. First (1st) month's Rent payment shall be due by the Tenant(s) upon the execution of this Agreement. XII. PRE-PAYMENT. The Landlord shall not require any pre-payment of Rent by the Tenant(s). XIII. PRORATION PERIOD. The Tenant(s) will not move into the Premises before the start of the Lease Term. XIV. SECURITY DEPOSIT. The Tenant(s) shall not be obligated to pay a security deposit as part of this Agreement. XV. POSSESSION. Tenant(s) shall make reasonable efforts to examine the condition of the Premises before taking possession. Once the Tenant(s) takes possession of the Premises, the Tenant(s) acknowledges the Premises is in acceptable order and consents to take possession of the Premises in its current condition unless otherwise stated herein. Failure of the Landlord to deliver possession of the Premises to the Tenant(s) at the start of the Lease Term shall terminate this Agreement at the option of the Tenant(s). Furthermore, under such failure to deliver possession by the Landlord, and if the Tenant(s) opts to cancel this Agreement, any Security Deposit required under Section XIV of this Agreement shall be returned to the Tenant(s) along with any other pre-paid Rent and fees, including any fees paid by the Tenant(s) in connection with the application process before the execution of this Agreement. XVI. OPTION TO PURCHASE. The Tenant(s) shall NOT have the right to purchase the Premises unless the Landlord and Tenant(s) agree otherwise in writing. XVII. ACCESS. Upon the start of the Proration Period or the Lease Term, whichever is earlier, the Landlord agrees to give access to the Tenant(s) in the form of keys, fobs, cards, or any type of keyless security entry device needed to enter the Premises and any designated common areas. Duplicate copies of the access forms hereof may be authorized only under the consent of the Landlord, and, if any replacements are needed, the Landlord may provide them for a reasonable fee. At the end of this Agreement, any keys, fobs, cards, or keyless entry devices provided to the Tenant(s) shall be returned to the Landlord or a fee will be billed directly to the Tenant(s) or deducted from the Security Deposit. XVIII. MOVE-IN INSPECTION. Before the Tenant(s) accepts possession as described in Section XV of this Agreement, or shortly thereafter if agreed upon, the Landlord and Tenant(s) shall not perform an inspection of the Premises. XIX. SUBLETTING. The Tenant(s) shall NOT have the right to sublet the Premises or any part thereof without the prior written consent of the Landlord. If consent is granted by the Landlord, the Tenant(s) will be responsible for all actions and liabilities of the sublessee, including but not limited to Page 2 any damage to the Premises, nonpayment of Rent, and eviction procedures. In the event of an eviction, the Tenant(s) shall be responsible for all court filing fees, legal representation, and any other fees associated with removing the sublessee. The express written consent from the Landlord for one sublet agreement shall not authorize consent for any subsequent sublet agreements, and in such case, the Tenant(s) must seek consent from the Landlord for the subsequent sublet agreement. XX. ABANDONMENT. If the Tenant(s) abandons or otherwise vacates the Premises for a period equal to the minimum period set by state law or seven (7) days, whichever is less, the Landlord shall have the right to terminate this Agreement immediately and remove all personal belongings, including any personal property of the Tenant(s), from the Premises in the manner prescribed by state and local laws. XXI. ASSIGNMENT. The Tenant(s) shall NOT assign or otherwise transfer the residential lease interest described in this Agreement without first obtaining the written consent of the Landlord. Written consent from the Landlord for one assignment shall not authorize consent for any subsequent assignments, and in such case, the Tenant(s) must seek consent from the Landlord for subsequent assignments. XXII. PARKING. The Landlord shall provide the Tenant(s) 2 Parking Spaces. The Landlord shall not charge a fee forthe 2 Parking Spaces. XXIII. RIGHT OF ENTRY. The Landlord shall have the right to enter the Premises during normal working hours by providing notice in accordance with the minimum state requirements in order to conduct inspections, make necessary repairs, alterations or improvements, supply services as previously agreed, and for any other reasonable purposes. The Landlord may exhibit the Premises to prospective purchasers, mortgagees, or lessees upon reasonable notice to the Tenant(s). XXIV. SALE OF PROPERTY. If the Premises is sold, the Tenant(s) is to be notified of the new owner and the new property manager, if any, and their contact details for repairs and maintenance shall be forwarded to the Tenant(s). If the Premises is conveyed to another party, the new owner shall not have the right to terminate this Agreement and it shall continue under the terms and conditions agreed upon by the Landlord and Tenant(s). XXV. UTILITIES. The Landlord shall not pay for any of the utilities and services and will be the responsibility of the Tenant(s). XXVI. MAINTENANCE, REPAIRS, OR ALTERATIONS. The Tenant(s) at all times shall, at their own expense unless otherwise stated in this Agreement, maintain the Premises in a clean and sanitary manner, and shall surrender the same at termination hereof, in as good condition as received, normal wear and tear excepted. The Tenant(s) may not make any alterations to the Premises without the written consent of the Landlord. The Landlord shall be responsible for structural repairs to defects in the interior and exterior of the Premises. The Landlord shall place fresh batteries in all battery-operated smoke detectors before the Tenant(s) moves into the Premises. After the initial placement of the fresh batteries, it is the responsibility of the Tenant(s) to replace batteries if and when needed. Additionally, a monthly cursory inspection may be required for all fire extinguishers to make sure they are fully operational and charged. Page 3 XXVII. EARLY TERMINATION. The Tenant(s) may not cancel this Agreement unless the Tenant(s) is a victim of domestic violence, and in such case, the Tenant(s) may be able to cancel in accordance with any local, state, or federal laws. XXVIII. PETS. The Tenant(s) shall not be allowed to have pets on the Premises or common areas except those that are necessary for individuals with disabilities. XXIX. WASTE. The Tenant(s) agrees not to commit waste on the Premises, maintain, or permit to be maintained, a nuisance thereon, or use, or permit the Premises to be used, in an unlawful manner. XXX. NOISE. The Tenant(s) agrees to abide by any and all local, county, and state noise ordinances. XXXI. GUESTS. There shall be no other persons living on the Premises other than any authorized Tenant(s) and Occupant(s). Guests of the Tenant(s) are allowed to visit and stay on the Premises for a period of no more than forty-eight hours, unless the Landlord approves otherwise ("Guest(s)"). XXXII. SMOKING POLICY. Smoking on the Premises is prohibited on the entire Premises, including any common areas and adjoining properties. XXXII. COMPLIANCE WITH LAW. For the entire duration of the Lease Term, the Tenant(s) agrees to comply with any present and future laws, ordinances, orders, rules, regulations, and requirements of the federal, state, county, city, and municipal governments or any of their departments, bureaus, boards, commissions, and officials thereof with respect to the Premises, or the use or occupancy thereof, whether said compliance shall be ordered or directed to or against the Tenant(s), the Landlord, or both. XXXIV. DEFAULT. If the Tenant(s) fails to comply with any of the financial, material, or miscellaneous provisions of this Agreement, or any present rules and regulations of the tenancy under this Agreement in general that may be hereafter prescribed by the Landlord, or materially fails to comply with any duties imposed on the Tenant(s) by statute, regulations, ordinances, orders, or any other mandates imposed by federal, state, and local governments, within the timeframe after delivery of a written notice to quit by the Landlord specifying noncompliance with this Agreement and indicating the intention of the Landlord to terminate the Agreement by reason thereof, the Landlord may terminate this Agreement. If the Tenant(s) fails to pay Rent upon the Rent Due Date, and the default continues for the timeframe specified in the written notice to quit thereafter, the Landlord may, at their option, declare the entire balance (compiling all months applicable to this Agreement) of Rent payable hereunder to be immediately due. The Landlord may exercise any and all rights and remedies available to the Landlord at law or in equity, and the Landlord may terminate this Agreement immediately by exercising the rights and remedies thereof. The Tenant(s) shall be in default if any of the following applies: (a) Tenant(s) does not pay Rent on the Rent Due Date and after the state- or locally-mandated grace period, if any, or if the Tenant(s) fails to pay any other dues owed in accordance with respective local and state laws and this Agreement; (b) Tenant(s), Occupant(s), or any Guest(s) thereof, violate the terms and conditions of this Agreement, or any local ordinances, fire-safety or health codes, or violate any criminal laws, regardless of whether arrest or conviction occurs; (c) Tenant(s) abandons the Premises as described in Section XX of this Agreement; (d) Tenant(s) gives incorrect or false information in their rental application, if any; (e) Tenant(s), Occupant(s), or Guest(s) thereof, is arrested, convicted, or given deferred adjudication for a criminal offense involving actual or potential physical harm to a person, or involving possession, manufacture, or delivery of a controlled substance, marijuana, or drug paraphernalia under state statute; Page 4 (f) any illegal drugs or paraphernalia are found in the Premises or on the person of the Tenant(s), Occupant(s), or Guest(s) thereof, while on the Premises; and (g) as otherwise allowed by local, state, and federal law. XXXV. MULTIPLE TENANT(S) OR OCCUPANT(S). Each individual that is considered a Tenant(s) or Occupant(s) in this Agreement is jointly and individually liable for all of this Agreement's obligations, including but not limited to Rent monies. If any Tenant(s), Occupant(s), or guests thereof, violates this Agreement, the Tenant(s) is considered to have violated this Agreement. Landlord’s requests and notices to the Tenant(s) or any of the Occupant(s) of legal age constitutes notice to the Tenant(s). Notices and requests from the Tenant(s), or anyone of the Occupant(s), including repair requests and entry permissions, constitutes notice from the Tenant(s). In eviction suits, the Tenant(s) is considered the agent of the Premises for the service of process. XXXVI. DISPUTES. If a dispute arises during or after the Lease Term between the Landlord and Tenant(s), they shall agree to hold negotiations amongst themselves in "good faith" before any litigation. XXXVII. SEVERABILITY. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement, nor the application of the provision to other persons, entities, or circumstances shall be affected thereby, but instead, shall be enforced to the maximum extent permitted by law. XXXVIII. SURRENDER OF PREMISES. The Tenant(s) has surrendered the Premises when (a) the move-out date has passed and no persons are living in the Premises within the Landlord’s reasonable judgment, or (b) access to the Premises has been turned to Landlord, whichever of (a) or (b) comes first. Upon the expiration of the Lease Term, the Tenant(s) shall surrender the Premises in better or equal condition as it was at the commencement of this Agreement, albeit with reasonable use, wear~- and-tear, and damages caused by the natural elements excepted. XXXIX. RETALIATION. The Landlord is prohibited from making any type of retaliatory acts against the Tenant(s), including, but not limited to, restricting access to the Premises, decreasing or canceling Utilities and Services, failure to repair Appliances and Fixtures, or any other deliberate acts that could be considered unjustified and retaliatory against the Tenant(s). XL. WAIVER. The Landlord's waiver of a breach of any covenant or duty imposed on the Tenant(s) under this Agreement shall not constitute, or be construed as, a waiver of a breach of any other covenant or duty imposed on the Tenant(s), or of any subsequent breach of the same covenant or duty. No provision, covenant, or clause of this Agreement shall be considered waived unless such a waiver is expressed in writing as a formal amendment to this Agreement and executed by the Tenant(s) and Landlord. XLI. EQUAL OPPORTUNITY. The Landlord shall make reasonable accommodations in rules, policies, practices, and services under this Agreement for Tenant(s) or Occupant(s) with a proven record of a physical or mental "handicap" as defined in 42 U.S.C.A. §§ 3604-3607 ("Handicaps"), provided such accommodations are reasonably within the Landlord's financial and practical means. The Landlord may issue consent to the Tenant(s) to make reasonable modifications to the Premises, at the Tenant(s) expense, to afford the Tenant(s) or any Occupant(s) with Handicaps the full enjoyment of the Premises. Any Handicaps of the Tenant(s) or Occupant(s) should be disclosed and presented to the Landlord, in writing, in order to seek the most appropriate route for providing any accommodations to the Premises. Landlord shall not discriminate against the Tenant(s) with Handicaps during the course of Page 5 the Lease Term or in the rental application process. Further, the Landlord shall not discriminate against the Tenant(s) during the Lease Term or in the rental application process based on race, color, national origin, religion, sex, familial status, or any other status protected by law. XLII. HAZARDOUS MATERIALS. The Tenant(s) agrees not to possess any type of personal property that could be considered a fire hazard on the Premises, such as a substance with highly flammable or explosive characteristics. Items prohibited from being brought into the Premises, other than for everyday cooking or those needed for operating an appliance, includes, but is not limited to, compressed gas, gasoline, fuel, propane, kerosene, motor oil, fireworks, or any other similar item or related substance in the form of a liquid, solid, or gas. XLII. WATERBEDS. The Tenant(s) is not permitted to furnish the Premises with waterbeds. XLIV. INDEMNIFICATION. The Landlord shall not be liable for any damage or injury to the Tenant(s), Occupant(s), any Guest(s), or any other persons, nor shall Landlord be liable for any damage to any property that occurs on the Premises, its common areas, or any part thereof, and the Tenant(s) agrees to hold the Landlord harmless from any claims or damages unless caused solely by the Landlord's negligence. It is therefore recommended Tenant(s), at their expense, purchase renter's insurance. XLV. COVENANTS. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this Agreement. XLVI. NOTICES. Any notice sent from the Landlord or the Tenant(s) to the other party shall be addressed to the underneath mailing addresses. Landlord's Mailing Address and Contact Information: David Jay 174 Watercolor Way Suite 103-346, Santa Rosa Beach, Florida, 32459 Phone Number: (850) 345-6750 Email: david@agree.com Tenant's(s') Mailing Address: John Carroll 1085 Sandgrass Blvd, Santa Rosa Beach, Florida, 32459 Landlord's Agent / Property Manager: The Landlord does not have or otherwise authorize an agent or property manager, and all contact with regards to any repair, maintenance, or complaint must by communicated directly to the Landlord using the above-mentioned contact information. XLVII. PREMISES DEEMED UNINHABITABLE. If the Premises is deemed uninhabitable due to damages beyond reasonable repair, the Tenant(s) shall be able to terminate this Agreement by written notice to the Landlord. If said damage was caused by negligence of the Tenant(s), Occupant(s), or their Guest(s), the Tenant(s) shall be liable to the Landlord for all pertinent repairs and for the loss of income due to restoring the Premises back to a livable condition in addition to any other losses that can be proved by the Landlord. Page 6 XLVIII. SERVICEMEMBERS CIVIL RELIEF ACT. In the event the Tenant(s) is currently, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant(s) receives permanent change of station (PCS) orders to depart from the area where the Premises is located, or is relieved from active duty, retires or separates from the military, is ordered into military housing, or receives deployment orders, then in any of these events, the Tenant(s) may terminate this Agreement by giving thirty (30) days' written notice to the Landlord. The Tenant(s) shall also furnish unto the Landlord a copy of the official orders, or a letter signed by the commanding officer of the Tenant(s), reflecting the change that warrants termination of this Agreement under this clause. The Tenant(s) shall pay prorated Rent for any days in which the Tenant(s) occupies the Premises past the beginning of the Lease Term. Further, any Security Deposit shall be returned, deducted, or otherwise retained in accordance with Section XIV of this Agreement. XLIX. DISCLOSURES. a.) IDENTIFICATION. Under Florida law, the Landlord is required to provide the name and address as a contact for the Tenant(s) in this Agreement. Such information can be found in Section XLVI of this Agreement. b.) RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. L. LEAD-BASED PAINT. The Premises was not constructed before 1978 and therefore does not contain lead-based paint. LI. GOVERNING LAW. This Agreement shall be subject to and governed by the laws of the State of Florida. LII. AGENCY RELATIONSHIP. Neither the Landlord nor the Tenant(s) utilized the services of a real estate agency or a real estate agent to negotiate, draft, or execute this Agreement. LI. ADDITIONAL TERMS AND CONDITIONS. In addition to all the terms, conditions, covenants, and provisions of this Agreement, the Landlord and Tenant(s) agree to the following: HOA fees and utility fees (based on usage) will be charged to the tenant each month. LIV. ENTIRE AGREEMENT. This Agreement contains all the terms, conditions, covenants, and provisions agreed on by the Landlord, Tenant(s), and any other relevant party to this Agreement, relating to its subject matter, including any attachments or addendums. This Agreement replaces any and all previous discussions, understandings, and oral agreements. The Landlord and Tenant(s) agree to this Agreement and shall be bound until the end of the Lease Term. The parties have agreed and duly executed this Agreement on 20. Landlord's Signature: David Jay Page 7 Tenant's Signature: John Carroll Page 8 AMOUNT ($) DUE AT SIGNING First (1st) Month's Rent: $5,000.00 Page 9 AUTHORIZATION FOR AUTOMATED CLEARINGHOUSE (ACH) RECURRING PAYMENT 1, [Tenant's Name], authorize regularly scheduled charges to my checking/savings account during the Lease Term of the Agreement. I agree to be charged the amount indicated below for each payment of Rent on the Rent Due Date. I agree that no prior notification or reminder will be provided by the Landlord unless otherwise agreed upon by the date of this authorization, or shortly thereafter. 1 [Tenant's Name], authorize [Landlord's Nam