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HomeMy Public PortalAbout10-8031 Emergency Relocation of Tenants at 2170 Washington Avenue Sponsored by: City Manager Resolution No. 10-8031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO APPROVE THE COST ASSOCIATED WITH THE EMERGENCY RELOCATION OF TENANTS LIVING AT 2170 WASHINGTON AVENUE DUE TO FIRE DISASTER, IN AN AMOUNT NOT TO EXCEED $20,000.00;PROVIDING FOR RECITALS;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 3,2010,there was a fire at 2170 Washington Avenue,necessitating the emergency relocation of the tenants at that property; an WHEREAS, the City Commission of the City of Opa-locka desires to ratify the emergency action taken by the City Manager to relocate families affected by unsafe health and hazardous conditions at that location; and WHEREAS, the City of Opa-locka Code of Ordinances Section 7-73, authorizes the City Manager to take emergency action to vacate unsafe premises, and to recover the cost thereof; and WHEREAS, the City Commission desires to authorize the City Manager to settle all payments associated with the relocation in an amount not to exceed $20,000.00. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka ratifies the relocation of tenants of 2170 Washington Avenue, and authorizes the City Manager to settle all payments associated with the relocation, in an amount not to exceed$20,000.00. Resolution No. 10-8031 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10`h day of March, 2010. C-2.1„41 MAYOR Attest: Approved as t. orm .nd legal suff..ency: 11 EBORA !! : JOS f T.I ELLER, ESQ. CITY CLERK IN 'IM ! Y ATTORNEY i t ; ff Mich 10, 2010 DATE Moved by: Johnson Seconded by: Taylor Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES j�QC,-�OCk4\ t 0 OflA ? Memorandum TO: Mayor Joseph L. Kelley Vice Mayor Myra L. Taylor Commissioner Timothy Holmes Commissioner Dorothy Johnson Commissioner Rose Tydus FROM: arance att on, i y nager DATE: March 5, 2010 RE: Resolution Relocation of tenants 2170 Washington Avenue Request: Resolution of the City Commission of the City of Opa-locka, Florida approving the cost associated with the relocation of the tenants living at 2170 Washington Avenue due to an emergency disaster caused by fire, which actions are in conformance with Section 7-73 of the City Code of Ordinances, furthermore authorizing the City Manager to settle all payments affiliated with the relocation in an amount not to exceed $20,000. Description: This request is made in consideration of the emergency action taken by the City Manager to relocate families affected by the unsafe conditions and health hazards at Washington Avenue. The City's actions in this matter are justified under the provisions of Sec. 7-73 (Emergency cases) which states that: In cases where it reasonable appears that there is immediate danger to the life or safety of any person, unless a dangerous building as defined herein is immediately repaired, vacated or demolished, the director shall report such facts to the board and the board shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in this article.(Code 1955, § 8-34). Nevertheless, the City Manager's action was directly linked to the structural damages caused by the fire and Florida Power and Light cutting service to the property that led to the unsafe condition. Financial impact: There is a $20,000 cost associated with the relocation of the affected families. However, a lien will be placed on the property located at 2170 Washington Avenue to recover any costs expended by the City in relocating the families. Timeline: Immediately upon adoption of the resolution Legislative history: None Recommendation: Staff is recommending the approval and adoption of the resolution. Attachments: - Letter: Notice of Violation 2170 Washington Avenue to the property owners - Copy City issued check No. 78456 - Copy Check Request in the amount of$15,500 - Memo Relocation 2170 Washington Ave. - Invoice The FIRM Prepared by: Octavien A. Spanner 0 v> � o 9`'�,��n \ -Ep BUILDING AND LICENSING DEPARTMENT JOSEPH L.KELLEY,MAYOR 780 FISHERMAN STREET,4T"FLOOR MYRA"LADY"TAYLOR,V.MAYOR OPA-LOCKA,FL 33054 TIMOTHY HOLMES,COMMR. TEL:305-953-2868,Ext.1603 ROSE TYDUS,COMMR. FAX:305-953-2897 DOROTHY"DOTTIE"JOHNSON,COM'MIR. DEBORAH S.IRBY,CITY CLERK CLARANCE PATTERSON,CITY MANAGER March 4, 2010 Ms. Jacquette Palmer 3071 NW 185th Terrace, 11 Miami Gardens, Florida 33056 Re: Fire Damage, Unsafe Structure 2071 Washington Avenue Opa-locka, Florida 33054 Folio: 08-2122-003-1060 NOTICE OF VIOLATION Dear Property Owner: On March 03, 2010, the above referenced property was damaged by fire. This building, in the opinion of the Building Official, is unsafe as defined in Section 202 of the Florida Building Code. By this letter you are notified to vacate the building. The building shall not be occupied until repairs are performed and inspected by the City of Opa-locka Building Department. You must hire an engineer to inspect and evaluate the structural and electrical system of this building and then submit the inspection report to this office. Two (2) sets of drawings are required to obtain a building permit to perform repairs. If you need additional information, please contact this office at 305-953-2868, option 6. Si l- 7,11, ■ i / t% /, Esin Daniel Abia Building Official/Director EDA/mch CERTIFIED MAIL: v>`OQk°' �' BANK ATLANTIC o �o�`, ii, azz.3, �����1���/�/ <<f �My!� � 15700 N.W.67TH AVE 63-tw3 PInI°La Q W le�I MIAMI LAKES,FLORIDA 33014 670 � . „,, CHECK DATE CHECK NO. �`°"-°`�' 03/05/10 78456 AMOUNT $****15,500.00* PAY THE SUM OF FIFTEEN THOUSAND, FIVE HUNDRED DOLLARS & ZERO CENTS Void after 90 days TO THE THE FIRM REAL ESTATE GROUP, LLC --etur2Path&dAtEL----- ORDER 4155 S W 160 AVENUE OF f SUITE 115 , MIAMI FL 33175 li' 78456i'• 1: 2670837631: 63 28 207 Lii' City of Opa-Locka VENDOR NO. 14653 CHECK NO. 78456 ACCOUNT PURCH. ORDER INVOICE NUMBER AMOUNT DESCRIPTION 25 525390 TFREG-3/4/10 15,500.00 RELOCATION SVC 14653 THE FIRM REAL ESTATE GROUP, LLC P...it_Ce--t70621 Ly : 1 6)\ (-Doi az_‘., 41- -4)o-c.A.4.4.-~ 5/2 7/0 FINANCE DEPT. r T CE!VE No: 1010 MAR,-5 PM 3: 00 CHECK REQUEST CITY OF OPA-LOCKA, FLORIDA TO: FINANCE DEPARTMENT NUMBER: FROM: PLANNING & COMMUNITY DATE: 03/06/10 DEVELOPMENT DEPARTMENT PLEASE ISSUE A CHECK IN THE AMOUNT OF $ 15,500.00 TO: THE FIRM,REAL ESTATE GROUP,LLC 4155 SW 130TH AVENUE, 115 MIAMI, FL 33175 / , /t 53 PURPOSE OF REMITTANCE: EMERGENCY RELOCATION AND ONE MONTH RENTAL FEE OF 20 UNITS FOR THE RESIDENTS THAT WERE SURVIVORS OF BUILDING FIRE AT 2170 WASHINGTON STREET, OPA-LOCKA, FL 33054 I HEREBY CERTIFY THAT THE ABOVE REQUEST IS SUPPORTED BY SUFFICENT UNENCUMBERED BALANCE OF DULY APPROPRIATED FUNDS. ACCOUNT: 25-525390 , CITY MANAGER EMERGENCY DIVISION , /10 r , - CONTINGENCY LINE ITEM Al D '. OR/ORIGINATOR CODING OF ACCOUNTS APPROVED AND SUFF IENCY OF APPROPRIATION BALANCE VERIFIED (EXCEPT AS OTHERWIS OTED). ISSUANCE OF ABOVE C K UTHORIZED FOR PURPOSE AS NO ' 1. tpi, 4 Cit Manager or s t. CCty winger ��inance Dire tor/• sst. i .nce Director ' nom / c.P. SPECIAL INSTRUCTIONS CHECK ONE OF THE FOLLOWING: SEND COMPLETED CHECK&ATTACHMENT TO: ISSUING DEPARTMENT OR MAIL DIRECTLY ALL CHECK REQUESTS MUST BE ACCOMPANIED WITH THE CORRSPONDING PROPERLY AUTHORIZED RECEIPT OR INVOICE BY THE 15TH OF THE MONTH. THE SCHEDULED CHECKRUN DAY IS THE 20TH OF THE MONTH. Revised: 05/18/2004 OQP-LO Qom... Off/ �T( O tii �0 a Ri-OORAS .' Memorandum TO: Clarance Patterson, City Manager FROM: Octavien A. Spanner,Assistant City Manager t DATE: March 5,2010 RE: Relocation Cost Fire Victims 2170 Washington In the evening of March 3, 2010 a fire was reported at the rooming house located at 2170 Washington Avenue, Opa-locka Florida. The building sustained severe damages and as a result the City's Building Official declared the property to be unsafe for habitation. The Red Cross organization provided a one night emergency shelter for the fire victims at the Best Inn Motel located on 7330 NW 36th Street, Miami Florida. On March 4, 2010 the City Manager directed staff to make arrangements to relocate the fire victims back to Opa-locka and the apartment complex located at 13350 was selected for such an emergency based on its availability and suitable conditions. A total of 34 individuals were placed in 20 individual 2/1 apartment units. The City Manager agreed to cover only 30 days rent for each family that will be residing at the above referenced apartment complex. The City will pay the landlord$700 a month per apartment, plus the cost of$75 for the gate clicker for each unit. The total cost for the entire month will be $15,500. Additionally, the City Manager has made arrangements to provide full meals (breakfast, lunch, dinner) for a period of two days(2) to feed the affected families. The charges for those meals will be provided on a later date. This request is made in consideration of the emergency action taken by the City Manager to relocate families affected by the unsafe conditions and health hazards at 2170 Washington Avenue. The City's actions in this matter are justified under the provisions of Sec. 7-73 (Emergency cases) which states that: In cases where it reasonable appears that there is immediate danger to the life or safety of any person, unless a dangerous building as defined herein is immediately repaired, vacated or demolished, the director shall report such facts to the board and the board shall cause the immediate repair, vacation or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in this article.(Code 1955, § 8-34). Nevertheless, the City Manager's action was directly linked to Florida Power and Light cutting service to the property that led to the unsafe condition. Attached, please find an invoice provided by the FIRM Real Estate Group, LLC which represents the 13350 Aswan Rd Apartment Complex. I: 9W..eU.i. ,n..' ( ri'd;1111, �� III .1 f, 1 li nh,aid'i�I'u. `�I(ji ill I: Un;111:11",:,:ii.I tIK L III l:1111' 1141 iiiI n a �d'P il :: !�' "I.A1:19;lsr.A�rt�i.,ituriY; .r:r.:: � o� 5 sas35a 4155 SW 130th Ave, Suite 115 DATE: March 4, 2010 Miami,Fl 33175 INVOICE B TFREG-3/4/2010 Phone 305-222-0292 Fax 3 5.222-9235 FOR: Aswan Manor Rentals Bill To: The City of Opalocka 1 Attn: Mr.Spanner Fax: 305-953-3060 .� 'l��r ) ( 1 P � I If�HI PP i IPUaY1 h I� •I , � • Iii;1111, Hop',,°t ;III!n� I 1 r e ),,,l ills li `��IC,�af�l->�di7�11 1 , �6„1 i!��iti ill 11 I�I11), 'I41 Il, u' +�i��lliil.El�i�li hf. h i il': 1' u' a)',I a i'.1 �I• Aswan Manor: 13350 Aswan Rd. Opaloacka, Fl Leasing of 20 units at the price of$700 per unit $14,000.00 20 Gate Clickers at the price pf$75.00 per clicker $1,500.00 i 1 :I I i J I i 1 I I 1 :1 TOTAL 'i; ;�,''',,ili.f!i 1,1 ;0,Q 'rv!411; •j Make all checks payable to O;pa Manor Holding, Corp I THANK YOU FOR YOUR BUSINESS! I •1 i ► i 1 s= 4 t. } y '_ Barrett's Helping Hands, Inc. (iii Op a- I 633 Sharar Avenue Name Opa-Locka, Florida 33054 Telephone : 786-444-8424 .2Q 4-r S v,,Lot i4 'Q . Address Of ex-- 6chet -R-- 33a-s7 61 5`3 .2_13 6? Telephone Fax: 3O qS 3 -3C.-620 Date: Guest Check#: House Account: Quantity yy Item )/�� g j Price .,;_t /} ,'`yj'` /3 Y�eJJ— tt� �J�ffY,�,{/�11-CfY.1- fie.Al °Y rjI/l�7r(1 /�,),,{Z.�CC� "� /V� /0 4 �/ i�-,,,(l 8 r ezk `' S� / �1'^V r)t 1 bb6 CN�A1 cr 7'0 0 9.3 fir° ..fIt c k' //--�1ti)c V (OQ1� V.� (4(7!77,,® 0 27' 3 / -/C arv-NQ!"'t 0 y',1')J( ! �q.fef d-3,-0 0 cor' U.� r-Tha If l.1 4'c l®®o G C.) Total // 5' ,do C" / , Approved by: _e____,__. !' - Barretts Helping Hands, Inc. Approved by: 0,4-w,._- c.�� _ .,,,.._ A Ac t . Customer's Signature ADDENDUM TO short term residential lease OF Property located at 13350 Aswan Rd, Opa Locka, Florida 33054 Between the City of Opa Locka (Lessee) and Opa Manor Holding, Corp (Lessor). It is mutually agreed that the City of Opa Locka, shall rent 21 residential units in the above captioned property with the following terms: Opa Manor, agrees to rent out 21 units to the City of Opa Locka at a discounted rate of $700.00 per month per unit. All payments shall be made immediately before move in date. The City of Opa Locka shall be responsible for all water consumption and the sewer usage beginning as of March 4th, 2010, through the date of residential vacancy of premises. The City of Opa Locka will be responsible for all connections and disconnections along with deposits required of all the utilities for the units occupied by their tenants. No security deposit is being collected up front, however the City of Opa Locka, shall be responsible for any and all damages done to any of the units at time of vacancies. All units must be turned in the same conditions as delivered. Once the contract with the City of Opa Locka for tenancies is over, should any tenants refuse to move out or sign new lease with required deposit, the city shall pay for the eviction of said tenant and also pay the landlord any prorated rent due. The City of Opa Locka shall pay $75.00 per gate clicker. (One clicker per unit) shall the resident/tenant need any additional clicker; will be the responsibility of resident/tenant for the additional fee of $75.00. It is mutually agreed that this contract can be extended on a month to month basis as long as there is a ten day prior notice delivered to the Landlord. All other terms of this Residential Lease shall remain the same and in full force. 1 /d., ...zr\ tbp)Li-lz) Q7/. 6 Lessor Lessee 3, Date /2oi3 Date 3 '' Signed for City Manager, C. Patterson Residential Lease Agreement THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this _4th_ day of March , 2010_, between _Opa Manor Holding Corp , whose address is 13350 ASWAN ROAD (hereinafter referred to as "Lessor") and Clarance Patterson/_City Of Opa Locka (hereinafter referred to as "Lessee"). WITNESSETH: WHEREAS, Lessor is the fee owner of certain real property being, lying and situate in County and the state of Such real property having a street address of: WHEREAS, Lessor is desirous of leasing the Premises to Lessee upon the terms and conditions as contained herein; and WHEREAS, Lessee is desirous of leasing the Premises from Lessor on the terms and conditions as contained herein; The parties hereby agree as follows: 1. TERM. Lessor leases to Lessee and Lessee leases from Lessor the above described Premises together with any and all appurtenances thereto, for a term of_1_month(s), such term beginning on March 4th_, and ending at 12 o'clock midnight on April 3rd, 2010_. 2. RENT. The total rent for the term hereof is the sum of Fourteen thousand seven hundred_DOLLARS ($_14,700_)payable on the_4th_ day of each month of the term, in equal installments of _14,700_DOLLARS ($_14,700_) first and last installments to be paid upon the execution of this Agreement, the second installment to be paid on N/A . All such payments shall be made to Lessor at Lessor's address as set forth in the preamble to this Agreement on or before the due date and without demand. 3. DAMAGE DEPOSIT. See an addendum. 4. USE OF PREMISES. The Premises shall be used and occupied by (list of residents provided by the City of Opa Lock.) 5. CONDITION OF PREMISES. Lessee stipulates, represents and warrants that Lessee has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. 7. ALTERATIONS AND IMPROVEMENTS. Lessee shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Lessor. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Lessee shall, unless otherwise provided by written agreement between Lessor and Lessee, be and become the property of Lessor and remain on the Premises at the expiration or earlier termination of this Agreement. 9. HAZARDOUS MATERIALS. Lessee shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 10. UTILITIES. Lessee shall be responsible for arranging for and paying for all utility services required on the Premises. Also see an addendum. 11. MAINTENANCE AND REPAIR; RULES. Lessee will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Lessee shall: (a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only; (b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; (c) Not obstruct or cover the windows or doors; (d) Not leave windows or doors in an open position during any inclement weather; (e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space; (f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Lessor; (g) Keep all air conditioning filters clean and free from dirt; (h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Lessee shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Lessee; (i) And Lessee's residents and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents; (j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; (k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; Lessee's shall be responsible for removal all trash left by all tenets upon vacating units, lessee's should also be responsible for any excess amount of trash and debris left by tenets. (1) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners'Association having control over them. 12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Lessee, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Lessor and Lessee up to the time of such injury or destruction of the Premises, Lessee paying rentals up to such date and Lessor refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered untenantable, the Lessor shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Lessor exercises its right to repair such untenantable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Lessor as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms. 13. INSPECTION OF PREMISES. Lessor and Lessor's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Lessor for the preservation of the Premises or the building. Lessor and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions, but do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. 14. SUBORDINATION OF LEASE. This Agreement and Lessee's interest hereunder are and shall be subordinate,junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Lessor, all advances made under any such mortgages, liens or encumbrances (including,but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 15. LESSEE'S HOLD OVER. If Lessee remains in possession of the Premises with the consent of Lessor after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Lessor and Lessee which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at Seven hundred_ DOLLARS ($ 700 )per month, per unit occupied. 16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Lessee shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 17. ANIMALS. NO PETS ALLOWED. 18. QUIET ENJOYMENT. Lessee, upon payment of all of the sums referred to herein as being payable by Lessee and Lessee's performance of all Lessee's agreements contained herein and Lessee's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. 19. INDEMNIFICATION. Lessor shall not be liable for any damage or injury of or to the Lessee, Lessee's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Lessee hereby agrees to indemnify, defend and hold Lessor harmless from any and all claims or assertions of every kind and nature. 20. DEFAULT. If Lessee fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Lessor, or materially fails to comply with any duties imposed on Lessee by statute, within seven (7) days after delivery of written notice by Lessor specifying the non- compliance and indicating the intention of Lessor to terminate the Lease by reason thereof, Lessor may terminate this Agreement. If Lessee fails to pay rent when due and the default continues for seven (7) days thereafter, Lessor may, at Lessor's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Lessor at law or in equity or may immediately terminate this Agreement. 21. LATE CHARGE. In the event that any payment required to be paid by Lessee hereunder is not made within three (3) days of when due, Lessee shall pay to Lessor, in addition to such payment or other charges due hereunder, a "late fee" in the amount of One thousand DOLLARS_ ($_1,000_). 22. ABANDONMENT. If at any time during the term of this Agreement Lessee abandons the Premises or any part thereof, Lessor may, at Lessor's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Lessee for damages or for any payment of any kind whatever. Lessor may, at Lessor's discretion, as agent for Lessee, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Lessor by means of such reletting. If Lessor's right of reentry is exercised following abandonment of the Premises by Lessee, then Lessor shall consider any personal property belonging to Lessee and left on the Premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and Lessor is hereby relieved of all liability for doing so. 23. ATTORNEYS'FEES. Should it become necessary for Lessor to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises, Lessee agrees to pay all expenses so incurred, including a reasonable attorneys'fee. 24. RECORDING OF AGREEMENT. Lessee shall not record this Agreement on the Public Records of any public office. In the event that Lessee shall record this Agreement, this Agreement shall, at Lessor's option, terminate immediately and Lessor shall be entitled to all rights and remedies that it has at law or in equity. 25. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of_FLORIDA_. 26. 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. 27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties hereto. 28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any affect whatsoever in determining the rights or obligations of the Lessor or Lessee. 29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 30. NON-WAIVER. No indulgence, waiver, election or non-election by Lessor under this Agreement shall affect Lessee's duties and liabilities hereunder. 31. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. 32: All other terms and condition of Residential Lease addendum shall remain as part of this agreement. 33. Lessor and Lessee agree that this lease, when filled out and signed, is a binding legal obligation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. Date - S— / Signed for City Manager, C. Patterson Signature Lessor la • ./' Z 3 °Date I Signature