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Agenda 08-01-19 B1 1 �►.�+'I �1 Q�,�\�\„B E AC Ki C R A COMMU NffY REDEVELOPMENT AGENCY CRAAdvisory Board Meeting Thursday,August 1, 2019 -6:30 PM Intracoastal Park Clubhouse, 2240 N. Federal Highway, Boynton Beach, FL 33435 561-737-3256 ADVISORY BOARD AGENDA AGENDA 1. Call to Order 2. Roll Call 3. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 4. Information Only A. Financial Report Period Ending July 31, 2019 B. Notice of Relocation of the September 5, 2019 CRAAB Meeting 5. Public Comment 6. Consent A. Approval of CRAAdvisory Board Meeting Minutes- July 8, 2019 7. Assignments A. Pending Assignments B. Reports on Pending Assignments C. New Assignments 1. Consideration and Discussion of Fiscal Year 2019/2020 Budget 2. Approval of the FY 2019 -2021 Boynton Harbor Marina Dockage 7/9/19 Lease Agreement 8. CRA Board Items for CRAAdvisory Board Review and Recommendations A. Old Business B. New Business 1. Consideration of Registration and Travel Expenses to Attend the Florida Redevelopment Association 2019 Annual Conference on October 16-18, 2019 in Tampa, Florida 9. Future Agenda Items 10. Adjournment Notice THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE INAND ENJOY THE BENEFITS OF A SERVICE, PROGRAM OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRNS WEBSITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CRNS WEBSITE CAN BE OBTAINED FROM THE CRA OFFICE. 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT ADVISORY BOARD ITEM 4.A. INFORMATION ONLY SUBJECT: Financial Report Period Ending July 31, 2019 SUMMARY: Attached is the Agency's monthly financial and budget report representing the Agency's revenues and expenses for July 2019 (Attachment 1); Statement of Revenues, Expenditures and Changes in Fund Balance Report (Attachment 11); and, Budget Comparison Schedule- General Fund (Attachment III). CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY2018-2019 CRA Budget ATTACHMENTS: Description D Attachment I - Monthly Financial Report for Period Ending July 31, 2019 o Attachment II -Statement of Revenues, Expenditures and Changes in Fund Balance Report D Attachment III - Budget Comparison Schedule 00 0 0 0 0 0 0 0 09 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V7 L `4 ro c-I O O O O O O O O Ln to O c-I r` to r` O c-I O to Ln N M O N to r` O O r` N O 00 o OO ,� O M O 7 O O O O O O to O r` m Ln Ln 7 to O O c-I m N N O c-I M Ln O r` c-I to to O co 14 O O O O O O O O N M 7 M m o0 N o0 O O O o0 7 to M O m M r` O Ln r` c-I r` m �--� O f` M f` W m N N N Ln O r` to r` N O to �--� M M Ln to to Ln i$7 A+ M K ti ti ti 10 O eq o a oo r` w m O r` O an a ti m ti ti Lo w Lo O O O ti m Ln O ti r` Lo O ti r` 0 0 Lo C O m M m c-I W M m O Ln 00 00 M M M r` W r` O O l0 Ln M O l0 -! 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Qs Qs Qs Qs Qs "'�, lL L15 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 Lt5 � *KI' *KI" lL L15 Lt5 Lt5 Lt5 Lt5 � D O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 h m A e4 uq N O N m .� N E Q O o m3 N O N c co m m N C w m m o \ r, oo m E m O m Lo \ �i o Lo v 0 M a a Ln LL y p N 4o" d to qq 'o m m ma 4, 41 c-I I� O l0 R u W M ti t0 Q w Ln m Lo m � � W T t �o M T � 1p p1 N 6 Lr N n W oo nc Go O LQ a of o v u M Ln T Q Ln m V o O n 6 oo 7 N C c N F U 0 N N M Ln mo c N oo o m Lo oo a c m oo m -t c Lri c-i n v m It 0 0 0 o e4 O O O o a o 0 0 o cac 0 m oo Go H N N M oo O U N Lq O I,� c o a o v N M lNp oo (l N M � 7 u C W 45 0 0 F t O M 4) 0 0 Z j D U_ W W n w Q u W W W n W Q m W � W ro C LL O O O O Q N 1= w V bb di7 7 m K5s VI v--I � K^. tV m N 0 h BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach,Florida) Statement of Revenues,Expenditures and Changes in Fund Balances Through Year to Date-July 25,2019 Total Debt Service Governmental General Fund Projects Fund Fund Funds REVENUES Tax increment revenue 12,549,087 12,549,087 Marina Rent&Fuel Sales 986,673 986,673 Contributions and donations - - - - Interest and other income 244,617 187,423 10,900 442,940 Total revenues 13,780,377 187,423 10,900 13,978,701 EXPENDITURES General government 3,952,258 - - 3,952,258 Redevelopment projects - 2,621,060 2,621,060 Debt service: - Principal - - - Interest and other charges - - 210,476 210,476 Total expenditures 3,952,258 2,621,060 210,476 6,783,795 Excess(deficiency)of revenues over expenditures 9,828,119 (2,433,638) (199,576) 7,194,906 OTHER FINANCING SOURCES(USES) Funds Transfers in - 8,102,303 2,136,465 10,238,768 Funds Transfers out (10,238,768) - - (10,238,768) Total other financing sources(uses) (10,238,768) 8,102,303 2,136,465 - Net change infund balances (410,649) 5,668,665 1,936,889 7,194,906 Fund balances-beginning of year 2,402,302 11,105,679 91,183 13,599,164 Fund balances-end of year 1,991,653 16,774,344 2,028,072 20,794,070 Footnote: Transfers between funds include monies received from TIF and carryover from general fund balance. The notes to the basic financial statements are an integral part of this statement. I BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Budgetary Comparison Schedule General Fund Through Year to Date - July 25, 2019 Original Budget Final Budget Actual REVENUES Tax increment revenue $ 12,421,686 $ 12,421,686 12,549,087 Marina Rent&Fuel Sales 1,000,000.00 1,000,000 986,673 Interest and other income - - 244,617 Other financing sources(uses) - 640,000 - Total revenues 13,421,686 14,061,686 13,780,377 EXPENDITURES General government 3,822,918 3,822,918 3,952,258 Total expenditures 3,822,918 3,822,918 3,952,258 Excess of revenues over expenditures 9,598,768 10,238,768 9,828,119 OTHER FINANCING SOURCES(USES) Carryover fund balance - Transfers out (9,598,768) (10,238,768) (10,238,768) Total other financing sources(uses) (9,598,768) (10,238,768) (10,238,768) Net change in fund balances $ - $ - (410,649) Fund balances-beginning of year 2,402,302 Fund balances-end of year 1,991,653 The notes to the basic financial statements are an integral part of this statement. 1 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD ITEM 4.13. INFORMATION ONLY SUBJECT: Notice of Relocation of the September 5, 2019 CRAAB Meeting SUMMARY: Due to a scheduling conflict with a City Commission Meeting, the September 5, 2019 CRA Advisory Board meeting will be held at 6:30 pm at the CRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. The CRA Advisory Board meetings will resume as scheduled on October 3, 2019 at the I ntracostal Park Clubhouse located at 2240 N. Federal Highway, Boynton Beach, FL 33435. 1 I, B E AC H C R A COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARD ITEM 6.A. CONSENT SUBJECT: Approval of CRA Advisory Board Meeting Minutes -July 8, 2019 SUMMARY: See attached minutes. CRAAB RECOMMENDATION: Approve July 8, 2019 C RA Advisory Board meeting minutes. ATTACHMENTS: Description D July 8, 2019 CRAAB Minutes MINUTES OF THE CRAADVISORY BOARD MEETING INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA 33435 HELD ON THURSDAY, MAY 2, 2019, AT 6:30 P.M. PRESENT: STAFF: Linda Cross, Chair Michael Simon, CRA Executive Director Robert Pollock, Vice Chair (arr. 6:37 p.m.) Thuy Shutt, CRAAssistant Director Anthony Barber Theresa Utterback, CRA Dev. Svcs. Mgr. Thomas Devlin Bonnie Nicklien, Administrative Svcs. Allan Hendricks (arr. 6:45 p.m.) Rick Maharajh ABSENT: Golene Gordon 1. Call to Order The meeting was called to order at 6:31 p.m. 2. Roll Call Roll was called, and it was determined a quorum was present. 3. Agenda Approval A. Additions, Deletions, Corrections to the Agenda — None B. Adoption of Agenda Upon motion duly made and seconded, the Agenda was unanimously approved. 4. Information Only A. Financial Report Period Ending June 30, 2019 — None 1. The CRA Budget will be available for review at the August 5th Meeting. 5. Public Comment • Susan Oyer, 140 SE 27th Way, reported that Lisa Mercado's new restaurant, Ravish, just opened at 210 East Ocean Avenue. Also, Ms. Oyer visited potential sister city in Italy (name inaudible), and will be presenting it to the Commission; perhaps this CRA Office (once vacated) can become a Tourist Office featuring for sale unique items from sister cities. Meeting Minutes CRA Advisory Board Boynton Beach, Florida July 8, 2019 6. Consent A. Approval of CRAAdvisory Board Meeting Minutes - May 2, 2019 Motion made by Mr. Devlin, seconded by Mr. Barber, to approve the May 2, 2019, minutes. In a voice vote, the motion passed unanimously (4-0). [Robert Pollock arrived 6:37 p.m., Allan Hendricks arrived 6:45 p.m.] 7. Assignments A. Pending Assignments 1 . None B. Reports on Pending Assignments 1. None C. New Assignments 1 . Consideration and Discussion of Lease Options for the CRA Office Chair Cross stated the current lease is for ten years, expiring September 2020, which has a bonus of the tenth year's rent at no cost if not vacated before end of the tenth year. The language for the letter for negotiating the notice to not renew the CRA lease was discussed as the new offices should be ready (soft opening) on or about August 1, 2020. Various options were explored, including the accessibility of the tentative venue on the 4t" Floor of the new City Hall. Motion made by Mr. Barber, seconded by Mr. Devlin, to recommend the CRA continue its current lease to its expiration in September 2020, do not renew the lease, and as a contingency explore a month-to-month option after the lease termination, if needed. In a voice vote, the motion passed unanimously (6-0). 8. CRA Board Items for CRAAdvisory Board Review and Recommendations A. Old Business 1. None B. New Business 1. Consideration and Discussion of Responses to a Painting Invitation to Bid for the Historic Woman's Club of Boynton Beach - Not addressed 9. Future Agenda Items - None 10. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7:08 p.m. [Minutes transcribed by M. Moore, Prototype, Inc.] 2 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT ADVISORY BOARD ITEM C.1. NEWASSIGNMENTS SUBJECT: Consideration and Discussion of Fiscal Year 2019/2020 Budget SUMMARY: The Boynton Beach CRA is a quasi-governmental, Special District operating under Title XI, Chapter 163, Part I I I of the Florida Statutes. The agency's annual financial operations run on a fiscal calendar beginning on October 1st and ending on September 30th of each year. The C RA does not obtain its revenue from charging an additional tax. The CRA receives its annual funding based on a percentage share of the existing ad-valorem property taxes paid to the City of Boynton Beach and Palm Beach County. The CRA's annual budget is comprised of three governmental accounting funds: 1. the General Fund which contains the administrative, general operation, insurances, property maintenance and CRA/CRAAB and marina related items; 2. the Debt Service Fund which contains the CRAs financial debt obligations and encumbrances such as bond repayments and developer's tax increment funding agreements; 3. the Project Fund which contains all of the capital projects, development projects or initiatives, property acquisitions, local business grant programs or promotional events, as well as eligible innovative policing activities such as the Neighborhood Officer Program; At the first CRA budget meeting held on July 9, 2019, the Board's first draft of their FY 2019- 2020 Project Fund budget allocation identifies the amount of funding for each of the Agency's priority projects for the upcoming fiscal year (see Attachment 1). The overall FY 2019-2020 Budget breakdown will identify bond debt obligations, existing tax increment revenue funding agreements obligations and available funding for priority projects, programs or funding requests such as but not limited to the Neighborhood Officer Police Program, District Improvement Projects, Business Development and Promotional Events, and Marketing (see Attachments I I - I V). Public discussion on the CRA's proposed FY 2019-2020 Budget will occur again at the CRA Board's August 13th and September 10th meetings as well as at the CRA Advisory Board's (CRAAB)August 1St and September 5th meetings. Final approval and adoption of the CRA's Fiscal Year 2019-2020 Budget is anticipated to occur at the September 17, 2019, City Commission meeting. FISCAL IMPACT: To be determined based on Board discussion and action. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: To review the CRA Board's July 9, 2019 draft Fiscal Year 2019-2020 Project Fund Budget allocation breakdown and provide any recommendation(s). CRA BOARD OPTIONS: To discuss and consider funding allocations within the Fiscal Year 2019-2020 Budget's Project Fund. ATTACHMENTS: Description D Attachment I -7.9.19_FY19-20_Project Fund—CRA Brd_1stdraft_ a Attachment II - Proposed FY 2019-2020 NOP Budget Request D Attachment III - Proposed Business Promotions & Events Budget Breakdown D Attachment IV - Proposed Marketing Budget Breakdown v o v N m o rn o (O O (O V O V O O N O N of of V LL� N M O } LL U3 U3 U3 U3 U3 U3 U3 U3 U3 rn O rn v u� o o rn u� v O m o m v o v O m v O m m o ro N o N o rn m r rn co � co o co v o v o o co w co u� N N O N N O N O O O O N r O_ O OD N M V O } of of M V N M O LL U3 U3 U3 U3 U3 U3 U3 U3 U3 of O of V O V O M I� N r o r rn o rn o CO r co r LL U3 U3 U3 U3 U3 U3 U3 U3 U3 N O N m A O O O O O O O O V O V (O N N O N of O of O LL� O N r LL� O O O O O O O V LL� V V V O_ } (O (O M V N V of LL U3 U3 U3 U3 U3 U3 U3 U3 U3 O O M O M O of V N (O O O N_ O M O O W N LL� w } (O (O N M (O M V V LL U3 U3 U3 U3 U3 U3 U3 U3 U3 M O M O N V O (O N O (O COM N N co o co v co 0 o co o co o rn � co o co r_ co o v ro o m co u� v r O N LL U3 U3 U3 U3 U3 U3 U3 U3 U3 o o o r r o v m u� o u� o rn co o m o o rn rn m o u� u� v r m_ } LL U3 U3 U3 U3 U3 U3 U3 U3 U3 O O O M O_ 1 V N 'A O V M of of N M (O M N LL U3 U3 U3 U3 U3 U3 U3 U3 U3 N V O V LL� r O N V of I� O O V LL� LL� co o_ co o_ m v 'n co rn v } V V N M (O M V M LL U3 U3 U3 U3 U3 U3 U3 U3 U3 LL� O LL� W W O O N LL� V O O O I� (O W M O m m LL U3 U3 U3 U3 U3 U3 U3 U3 U3 c 0 V Oi M O O d) N: N M yo ro r co u� N G. s0 a _ w L : c V! m mLL Q, 4 N L LL F _O 'j3 N _., li o I ? 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BOYNTON BEACH CRA FY 2019-2020 BUSINESS PROMOTIONS&EVENTS BUDGET EVENTS DATEBUDGET BOYNTON BEACH Saturday&Sunday October 26&27,2019 $331,050 HAUNTED PIRATE FEST Event Marketing] $44,500 &MERMAID SPLASH E.Ocean Ave.(between Federal Hwy.and NE 3rd St.) Total Pirate Fest $375,550 LIGHT UP THE PARK Saturday,December 7,2019 $25,000 E.Ocean Ave.(between Federal Hwy.and NE 3rd St.) Event Marketing) $3,900 Total Boat Parade $28,900 HOLIDAY BOAT PARADE Friday,December 13,2019 $11,000 735 Casa Loma Blvd. Event Marketing) $4,700 Total Boat Parade $15,700 ART WALK Saturday,,January 18,2019 410 W.Industrial Ave. Total ArtDistrict Event $6,000 Event Marketing $3,200 Total A District $9,200 MARINA EVENT-REEF CLEAN-UP Saturday,February 15,2020 $16,000 735 Casa Loma Blvd. Event Marketing i $5,180 Total Rock the Marina $21,180 BLARNEY BASH Saturday,March 14,2020 $35,000 E.Ocean Ave.(between Federal Hwy.and NE 3rd St.) Event Marketing $12,700 To al Boa Parade $47,700 ROCK THE PLAZA One Boynton Friday,'January 24,2020 $6,500 Ocean Palm Plaza Saturday,February 29,2020 $6,500 Sunshine Square Saturday,March 28,2020 $8,000 Ocean Plaza Saturday,April 25,2020 $6,500 Event Marketing $19,920 Total Rock tFe Plaza $47,420 HISTORIC WOMAN'S CLUB 80's Prom-May 16,2020 $10,000 OF BOYNTON BEACH ACTIVATION 1010 S.Federal Hwy. Event Marketing', $3,850 Total Woman's Club $13,850 ROCK THE MARINA&LIONFISH DERBY Saturday,Junel6,2020 $16,000 735 Casa Loma Blvd. Event Marketing i $5,180 Total Rock the Marina $21,180 EQUIPMENT&SUPPORT $21,500 Rollover from FY 18-19 Sub-Total Events $499,050 Sub-Total Events Marketing 1 $103,130 TOTAL COST OF EVENTS► $602,180 6 BOYNTON BEACH CRA 02-58500-480 FY 2019-2020 PROPOSED Marketing Budget for Special Events - By Category Pirate Fest CBS Billboard 195 Lake Worth 3_, Outdoor Billboard billboards $4,500 A Pirate Fest 30 sec. promo video will air before every movie at Cinemark Boynton Beach 14, Cinemark Palace 20 in Boca Raton, and Shadowood 16 in West Boca Raton. The video will air 250 times a day and 1,750 times a Movie Theater ad week at all three theaters combined $3,835 000 print postcards $325, 351000 Promotional Collateral October Utility Bill $1846.00 print , Posters ad sponsors 100 print -$150 $2,321 Month long Marketing campaign and New Times print ad matched by sponsorship $3,300 ( ) 4x8 signs reskin,( 5) 4x4 signs Signage reskin & install signs & posts $2,000 iheart Radio Radio Spots matched by sponsorship $4,000 full page ad Reaches a younger demographic, with 70% of their readers ages 21-44, 42% of which are ages 21-34. They have roughly 28,250 readers, 10,000 magazines and distributed to over 100 locations across Palm Beach County and Atlantic Current Brcward County. $800 Delray Newspaper/ Boca News Full page ad October ad sponsors $995 Printing, Postage and Direct mail Everydoor Direct service delivered to 17,000 homes $5,080 T:\FINANCE\01 FINANCIAL OPERATIONS\Yearly Operations\Budget Files\2019-2020 Budget Files\Budget Drafts\Marketing Budget for events 2019-2020.xlsx Gateway Gazette double page with business listing $800 Reaching out to the Western Community (1) Full page color ad placement, mailed to 17,$00 homes/clubhouses, with over 10,000 additional subscribers that read the Neighborhood News ad digital edition online and on Sponsors October Facebook. $450 Event Map 1500 maps print $1,200 2 10x20 Large Banners at Hampton Inn & City Hall $500 Repatch, Install and strike $1,325 photos for marketing collateral, 2 Photographers website, and social media $1,850 Sun Sentinel Sponsorship match $2,000 1-95 Billboard City billboard $0 2 4x4 sponsorship signs installed at Sponsorship signage at event event $825 Coastal Star Ad 1/4 page ad $550 sac ing out o the western community a screen shot advertisement airs'in all 8 theaters as an opening to the movie from 10 am Alco Theater until,9 pm $300 Treasure Map Print 1500 maps $1,200 Business Development signage Booth signage print and design $2,800 Coastal Angler Sponsorship match $300 Oasis tent Business Development $2,569 T:\FINANCE\01 FINANCIAL OPERATIONS\Yearly Operations\Budget Files\2019-2020 Budget Files\Budget Drafts\Marketing Budget for events 2019-2020.xlsx Event info, Pirate Television (PTV), Hooks & Tails, Volunteers, Vendors, theme of event, video promo, characters, entertainment, music, Social Media Event Promotion contests $1,000 Social Media Business Pirate Television (PTV), vendors, Development sponsors, specials $200 Event info, Pirate Television; (PTV), Hooks & Tails, Volunteers, Vendors, theme of event, characters, Google Ads entertainment music $300 Total Pirate Fest $44,500 Art District In Culture Promotional Collateral 1000 print postcards $225.00 $450 signage (1)4x8 sign (1) 4x4 sign $450 1-95 Billboard City billboard $0 Delray Newspaper Full page au $795 Reaching out to the western Neighborhood News community Full Page , $450 eac ing out o the Western community a screen shot advertisement was aired in all 8 theaters as an opening to the movie Alco Theater from 10 am until 9 pm $300 Gateway Gazette full page ad $375 Event info, vendors, art, music Social Media Event Promotion entertainment, video promo $100 Social Media Business Development Vendors, specials, art, video promo $50 Event info, entertainment, music, Google Ads business dev. $50 Total Arts Districtl $3,200 Light up the Park 5000 print postcards $350.00 share Promotional Collateral with the City; , poster 100 $450 T:\FINANCE\01 FINANCIAL OPERATIONS\Yearly Operations\Budget Files\2019-2020 Budget Files\Budget Drafts\Marketing Budget for events 2019-2020.xlsx Reaching out to the western Neighborhood News community Full Page ad $450 Delray Newspaper/Boca News Full page ad $795 1-95 Billboard City billboard $0 Gateway Gazette Full page ad $375 Coastal Star 1/4 page ad $550 Reaching out o the western community a screen shot advertisement was aired in all 8: theaters as an opening to the movie Alco Theater from 10 am until 9 prn $300 Photographer Photography for future marketing $500 Event info, Volunteers, Vendors, video promo, music,';contests, Social Media Event Promotion parade/light u $200 Social Media Business Development Businesses, vendors, specials, video $100 Event info, entertainment, music, Google Ads business dev. $100 Total Light up the Park $3,900 Holiday Boat Parade 5000 print postcards $350.00 design Posters 200 print - $200 Calling all Promotional Collateral Capt flyers and posters $550 Reaching out to the western Neighborhood News community Full Page ad $615 2 Full page ad event ad and calling all Delray Newspaper/Boca News Capts. $1,590 1-95 Billboard City billboard $0 Coastal Star 1/4 page ad $550 Gateway Gazette Full page ad $375 Coastal Angler 2 ads I Calling all Capts & event 1/4 ad $600 T:\FINANCE\01 FINANCIAL OPERATIONS\Yearly Operations\Budget Files\2019-2020 Budget Files\Budget Drafts\Marketing Budget for events 2019-2020.xlsx Event info, Volunteers, Vendors, video promo, music, contests, calling Social Media Event Promotion all captains $250 Social Media Business Development vendors, specials, video $50 Event page, music, calling all Google Ads captains $75 Total Boat Parade $4,700 Blarney Bash Tull pagU-RU1;Macne5 a younger demographic, with 70% of their readers ages 21-44, 42% of which are ages 21-34. They have roughly 28,250 readers, 10,000 magazines and distributed to over 100 locations across Palm Beach County and Atlantic Current Brcward County. $800 New Times Digital Campaign $450 Gateway Gazette full page ad $375 Photographer Photography for future marketing $500 5000 print postcards $326.00, 35,000 Utility;Bill $1846.00 print , Posters Promotional Collateral 100 print - $150 $2,321 ( ) 4x8 signs reskin,( 5) 4x4 signs Signage reskin & install signs & posts $2,000 Delray Newspaper/ Boca News Full page ad $795 Reaching out to the western Neighborhood News communityFull Page ad $615 1-95 Billboard City billboard $0 Coastal Star Ad 1/4 page ad $550 103.1 WIRK Country Radio Campaign $3,000 Event info, Volunteers, videopromo, characters,';entertainment, music, Social Media Event Promotion contests $400 Social Media Business Development Businesses, vendors, specials, video $100 T:\FINANCE\01 FINANCIAL OPERATIONS\Yearly Operations\Budget Files\2019-2020 Budget Files\Budget Drafts\Marketing Budget for events 2019-2020.xlsx Event info, entertainment, music, Google Ads business dev. $200 Total Blarney Bash $12,700 Rock the Plaza' J tun page sas Keacnes a younger demographic, with 70% of their readers ages 21-44, 42% of which are ages 21-34. They have roughly 28,250 readers, 10,000 magazines and distributed to over 100 locations across Palm Beach County and Atlantic Current Brbward County. $2,400 Gateway Gazette 4 full page ads $1,500 6000 print postcards 900 400 posters Promotional Collateral $400 $1,300 Delray Newspaper/Boca News (4)Full page ads $3,180 Reaching out to the western Neighborhood News community (4) full page ads $2,460 1-95 Billboard City billboard $0 4x4 signs and 4x8 signs print and signage install (4) events $3,000 eac ing out o the Western community a screen shot advertisement was aired in all 8 theaters as an opening to the movie Alco Theater from 10 am until 9 pm $1,200 Coastal Star 1/4 page ad $2,200 Event info, Volunteers, videopromo, characters,';entertainment, music, Social Media Event Promotion contests $1,200 Social Media Business Development Businesses, venders, specials, video $240 Event info, entertainment, music, Google Ads business dev. $480 Total Rock the Plaza $19,920 T:\FINANCE\01 FINANCIAL OPERATIONS\Yearly Operations\Budget Files\2019-2020 Budget Files\Budget Drafts\Marketing Budget for events 2019-2020.xlsx Woman's Club Events 80's Prom Night photos for marketing collateral, Photographer website, and social media $500 1500 print postcards $326.00 100 Promotional Collateral posters $100 $425 Gateway Gazette full page ad $375 Delray Newspaper/Boca News Full page ad $795 1-95 Billboard City City billboard $0 Reaching out to the western Neighborhood News community Full Page ad $450 $450 Reaching out o the Western community a screen shot advertisement was aired in all 8: theaters as an opening to the movie Alco Theater from 10 am until 9 prn $300 signage (1) 4x8 sign (1) 4x4 sign $450 Event info, Volunteers, videopromo, characters,';entertainment, music, Social Media Event Promotion contests $200 Social Media Business Development Businesses, vendors, specials, video $50 Event info, entertainment, music, Google Ads business dev. $100 Total 80's Prom $3,850 Rock the Marina 5000 print postcards $350.00 & poster Promotional Collateral 100-$100 $450 Reaching out to the western Neighborhood News community Full Page ad $450 Delray Newspaper/Boca News Full page ad $795 1-95 Billboard City billboard $0 Gateway Gazette Full page ad $375 Coastal Star 1/4 page ad $550 T:\FINANCE\01 FINANCIAL OPERATIONS\Yearly Operations\Budget Files\2019-2020 Budget Files\Budget Drafts\Marketing Budget for events 2019-2020.xlsx Reaching out to the Western community a screen shot advertisement was aired in all 8 theaters as an opening to the movie Alco Theater from 10 am until 9 pm $300 Photographer Photography for future marketing $500 U8 signs reskin, 4x4 signs reskin signage install and take down $1,280 Event info, Volunteers, video promo, characters, entertainment, music, Social Media Event Promotion contests $300 Social Media Business Development Businesses, vendors, specials, video $60 Event info, entertainment, music, Google Ads business dev. $120 Total Rock the Marina $5,180 lGrand Total I I $97,950j T:\FINANCE\01 FINANCIAL OPERATIONSWearly Operations\Budget Files\2019-2020 Budget Files\Budget Drafts\Marketing Budget for events 2019-2020.xlsx 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT ADVISORY BOARD ITEM C.2. NEWASSIGNMENTS SUBJECT: Approval of the FY 2019 -2021 Boynton Harbor Marina Dockage Lease Agreement SUMMARY: The CRA's Boynton Harbor Marina dockage lease agreement and slip lease rate is approved by the CRA Board every two years. The CRA Board last approved the slip dockage lease agreement and slip lease rates on October 10, 2017. CRA and legal staff have updated the current documents to reflect FY 2019-2021: the Dockage Lease Agreement, Rules & Regulations, Multiple Vessels Dockage Lease Agreement, Safety Accessory Addendum and Transient Dockage Agreement (see Attachments I - IV). The following is a breakdown of the CRA Board approved slip lease rates since 2012: • 2017-2019 -$19 per linear foot (total annual rent collected: $114,350) • 2016-2017 -$18 per linear foot • 2012-2016 -$16 per linear foot Slip rate data from comparable municipal marinas has been collected and provided for the Board's review(see Attachment V). At the July 9, 2019 meeting, the CRA Board requested additional information from CRA staff and assigned this item to the CRA Advisory Board for their recommendations. The Board is seeking recommendations on the following: • the current monthly rent rate per linear foot. Attachment VI provides increased rental rate scenarios from $19 to $26.50 per ft. (which is the highest rental rate based on the comparable marinas). • the transient/travelling vessel dockage rental fee from $2.00 to $2.50 per linear foot. Additional information has been provided as the following attachments: • Slip lease increases from comparable marinas (Attachment VI 1) • Transient rental increases from comparable marinas (Attachment VI 11) • Total transient rentals at Boynton Harbor Marina for 7/17/18 to 7/17/19 (Attachment IX) FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan-Downtown District CRAAB RECOMMENDATION: The CRA Advisory Board is requested to provide recommendations on the following: • the current monthly rent rate per linear foot. Attachment VI provides increased rental rate scenarios from $19 to $26.50 per ft. (which is the highest rental rate based on the comparable marinas). • the transient/travelling vessel dockage rental fee from $2.00 to $2.50 per linear foot. ATTACHMENTS: Description D Attachment I - Dockage Lease Agreement D Attachment II - Dockage Lease Agreement Multiple Vessels D Attachment III -Safety Accessories D Attachment IV -Transient Dockage Agreement D Attachment V -2019 M arina Comp Analysis D Attachment VI - Marina Slip Rent Increases 2019 D Attachment VII -Comparable Marina Increases-Annual Leases D Attachment VIII -Comparable Marina Increases-Transient D Attachment IX - Boynton Harbor Marina Transient Rentals July 2018-2019 t4fljJi��ti{$=tf f Boynton Har or ,...,......,..St,cyf(U,.,,....,.,. Marina BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY "BOYNTON HARBOR MARINA" DOCKAGE LEASE AGREEMENT FY 2019-2021 This Lease Agreement("Lease") is entered into between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("LESSOR") and the undersigned boat and/or owner, ("LESSEE"). WAYPOINT MARINE, INC., hereinafter referred to as"Dockmaster" performs any and all duties of marina management on behalf of the LESSOR. . (Print all information. All blank spaces must be completed.) LESSEE'S Name BUSINESS NAME LESSEE'S Address City State Zip Phone No. Alternate Phone No. Vessel Registration No. Vessel Name: (hereinafter"Vessel"). Make Year O.A. Length Beam Draft *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Tenant vessels shall be measured twice annually. Power Sail Electricity: 110 220 Slip No. Lease Rate: $ per foot from October 1, 2019 until September 30, 2021 00864161-1 Page 1 of 13 1. Term. The term of this Dockage Lease shall be from until September 30, 2021. There is no option to renew and any additional term of lease shall be evidenced by a new Lease. 2. Rent. The rental shall be the sum of per month based on the lease rate of dollars ($ ) per vessel linear foot plus 7% sales tax in the amount of $ , for a total of $ per month from the time period of October 1, 2019 through September 30, 2021. Rent for the first month shall be prorated if Lease is executed after the 1st of the month. Each subsequent rent payment shall be due on the first day of the month and past due on the tenth day of the month. Timely payment of rent is a material provision of this Lease and the late payment of rent constitutes grounds for termination of this Lease by LESSOR regardless of whether delinquent rent is accepted. LESSEE understands that LESSOR may accept late payment of rent without waiving LESSOR's right to declare a breach of Lease and terminate this Lease. 3. Security Deposit. At the time of execution of this Lease, LESSEE shall pay LESSOR an amount equal to one month's rent, as specified in Paragraph 2 of this Lease. This payment(the"Security Deposit") shall be made by cash, cashier's check, or money order. The Security Deposit may not be paid by personal check. The Security Deposit is separate from payment of rent and utilities, and LESSEE may not use the Security Deposit to pay the last month's, or any month's, rent or other charges in arrears. LESSOR is not obligated to apply the Security Deposit on rents or other charges in arrears, or on other damage caused by LESSEE's failure to perform under this Lease, but LESSOR may choose to do so at LESSOR's option. If LESSOR repossesses the slip because of LESSEE's default or breach, LESSOR may, but is not required to, apply the deposit on all damages suffered as a result of the default or breach, regardless of whether the damages occurred before, during, or after repossession. Upon expiration or termination of this Lease, LESSOR shall inspect the slip and related facilities for any damage caused by LESSEE or LESSEE's use of the slip. If there is damage beyond normal wear and tear, LESSOR shall subtract the amount necessary to repair the damage from the Security Deposit and return the remainder of the Security Deposit to LESSEE within fourteen (14) days after LESSEE has vacated the slip. LESSOR shall not subtract any amount from the Security Deposit for normal wear and tear. LESSOR shall have sole discretion as to what constitutes normal wear and tear. Any interest generated on the Security Deposit shall accrue to LESSOR. LESSOR shall not be obligated to keep the Security Deposit as a separate fund, but may mix it with LESSOR's own funds. 4. Utilities. LESSOR agrees to provide electricity and water hookups at each slip. Any equipment/connecting devices necessary to provide the connection from the dock to the Vessel shall be the responsibility of the LESSEE but the type and manner of connection are subject to approval by the LESSOR. LESSEE is responsible for the payment of their monthly electrical and water (individually or collectively, "utility") usage. The billing rate for utility consumption by the LESSEE shall be based on usage to the slip as determined by LESSOR and will be calculated based on the prevailing rate charged to the LESSOR by the utility provider. A utility statement will be hand delivered or mailed to 00864161-1 Page 2 of 13 the LESSEE on the 1st of each month and shall reflect the amount of utility usage for the previous month. Utility payments shall be considered additional rent under this Lease. LESSEE's utility payments shall be due to LESSOR no later than the tenth day of the following month. 5. Late Payment. There shall be a late payment fee in an amount equal to 25% of the amount due each month on all rent or utility payments received after the past due date. There shall be an additional one hundred dollar ($100.00) late fee when the delinquent rent payment is not made in full, including the initial late fees, by the fifteenth day of the subsequent month. Each month for which LESSEE fails to pay all or a portion of rent or utility payments owed shall constitute a separate violation of this Lease and shall incur a separate late fee. Interest shall accrue on any unpaid amounts owed under this lease at the rate of 1.5%per month. 6. Lien. LESSOR shall have a lien against the Vessel, its appurtenances, and its contents for unpaid sums due for rent, use of dock facilities, utility usage, other services, or for damage to any docks or property of LESSOR or any other person at the docks caused or contributed to by the Vessel, LESSEE or any individual the LESSEE allows to use the Vessel. The lien shall be in addition to all other remedies available at law or in equity. 7. Only for Approved Vessel. This Lease is valid only for the Vessel and LESSEE, and is not transferable to another vessel or lessee without the written authorization and approval of the LESSOR. This Lease does not allow for the sub-leasing of the slip by the LESSEE under any circumstances. This Lease grants the LESSEE a revocable license to use the subject dock space and does not create any interest for LESSEE in the underlying bottom lands or real property connected with the LESSOR. 8. Absences from Slip. LESSEE is required to notify the Dockmaster in writing if the Vessel will be absent from the above referenced slip for longer than a thirty (30) day period. Slips left empty for longer than thirty consecutive days, or for twenty days in a forty five day period, without written notification to the LESSOR shall be considered vacated by the LESSEE and the lease will be terminated. 9. Termination for Cause. This Lease shall be in effect until the end of the term unless sooner terminated by reason of one or more of the following conditions or events: a. By destruction of the dockage facilities by storm, Act of God, or other calamity. b. In the event LESSEE makes a bona fide sale of the boat or obtains a boat larger than can be safely berthed at the subject dockage. C. LESSEE terminates this Lease by providing thirty (30) day written notice to the LESSOR. LESSEE may terminate this Lease pursuant to this subsection only if all rents and fees are current and paid in full. d. By breach or default as provided below. e. Late payment of rent, including items deemed "additional rent," or penalty charges. 00864161-1 Page 3 of 13 f. Failure to maintain and provide proof to LESSOR of insurance coverage as required in paragraph 19 below. g. Other reason as provided for in this Lease. All termination proceedings shall be conducted in accordance with Florida law. 10. Additional Procedures for Termination for Late Payment of Rent. If LESSOR terminates this Lease pursuant to Section 9.e. of this Lease, LESSEE shall immediately vacate the dock space leased hereunder upon three days notice by LESSOR. Notice shall be considered given upon any of the following: (a) Mailing notice to LESSEE at the address provided above; or (b) Posting notice upon the Vessel. Should LESSEE fail to vacate within the three days set forth herein, the Parties agree that LESSOR shall be entitled to an immediate judgment for eviction and possession of the subject dock space, upon filing of a verified complaint for eviction/possession with the Palm Beach County Court, in and for the Fifteenth Judicial Circuit. The Parties expressly agree that said action for eviction/possession shall proceed under Summary Procedure pursuant to Section 51.011, Fla. Stat. 11. Compliance with Rules and Regulations. LESSEE agrees to comply with all posted Rules and Regulations along with those attached hereto as "Exhibit A," as amended from time to time in the LESSOR's sole discretion, as fully as though they were set forth herein, and should breach of this Lease or violation of the Rules and Regulations Governing Dockage set forth and attached hereto occur, LESSOR may immediately terminate this Lease. LESSEE shall be notified of such termination and required to immediately remove the Vessel at LESSEE's expense. LESSOR may take all legal steps to remove the Vessel and other property upon termination of the Lease. If LESSOR determines, in its sole and absolute discretion, that the violation of the Rules and Regulations constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR's property, LESSOR may immediately take any steps it deems necessary to mitigate or alleviate such danger. 12. Required Trip Log Submittal. LESSEE will submit a completed copy of the appropriate log attached hereto as "Exhibit B" in accordance with the schedule below: • First Submittal shall be no later than January 5, 2020 for all trips that occurred October 1 to December 31, 2019 • Second Submittal shall be no later than April 5, 2020 for all trips that occurred January 1 to March 31, 2020 • Third Submittal shall be no later than August 5, 2020 for all trips that occurred April 1 to July 31, 2020 • Fourth Submittal shall be no later than November 5, 2020 for all trips that occurred August 1 to September 30, 2020. Failure to comply with this section shall be a default and breach of this Lease. If LESSEE fails to submit the trip log, LESSOR may, in addition to the other remedies provided for in this 00864161-1 Page 4 of 13 Lease, elect to discontinue LESSEE's fuel discount and exclude LESSEE from LESSOR's marketing collateral. 13. Voluntary Waiver. LESSOR may, in its sole and absolute discretion, waive any requirement of this Lease. Waiver of any conditions by LESSOR shall not be deemed to be a continuing waiver and shall not be considered a waiver of any other provision or condition of this Lease. 14. Weather. Weather conditions: In the event weather or tidal conditions exist during the term of this Lease that would either place the LESSEE's Vessel in danger of incurring damage to itself or LESSEE's Vessel causing damage to the LESSOR's property or other vessels within the dockage facilities, it shall be the LESSEE's responsibility to remove the Vessel from the LESSOR's property and dockage facility. Any damage caused by LESSEE's Vessel to the LESSOR's property, dockage facilities, LESSEE's Vessel or other vessels within the LESSOR's property and dockage facilities shall be the sole responsibility of the LESSEE. The LESSEE, by executing this Lease, expressly agrees that he/she shall be solely responsible for ascertaining when such threatening weather conditions may occur in order to allow adequate time for the LESSEE to remove the Vessel from the LESSOR's property and dockage facility as required above. The LESSEE expressly acknowledges that the LESSOR does not assume any obligation to contact the LESSEE with respect to impending weather conditions. NOTICE TO VESSEL OWNER The undersigned LESSOR hereby informs you that in the event you fail to remove your vessel from the marina promptly (within 24 hours) after the issuance of a tropical storm or hurricane watch for Palm Beach County or Boynton Beach, Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel, if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel and to protect marina property, private property, and the environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, LESSEE shall be responsible for all damage caused by the Vessel to the LESSOR's dockage facilities or other vessels regardless of ownership. The LESSOR expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the LESSOR establishes such minimum measures, it shall be the LESSEE's obligation and liability to assure himself/herself that such minimum requirements are adequate to protect the LESSEE's Vessel from damage. LESSEE shall be required to adhere to the guidelines set forth in the annual Boynton Harbor Marina Hurricane Plan provided by the Dockmaster or the LESSOR at the signing of this Lease. 00864161-1 Page 5 of 13 15. Telephone, Cable, Internet, etc. LESSOR represents and LESSEE understands that there is no telephone, cable television, internet or wireless internet (Wi-Fi) service provided to the dock or slip. Telephone service to the vessels must be by cellular phone at LESSEE's expense. No private telephone systems or satellite dishes may be installed within the dockage facilities without the prior written consent of the Dockmaster or the LESSOR. 16. Reassignment. LESSOR reserves the right to permanently reassign the LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, by providing LESSEE ten (10) days written notification of such intent. LESSOR reserves the right to temporarily reassign LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, for the purpose of health and safety concerns, maintenance, repairs, construction or any other reason LESSOR deems necessary. 17. No Additional Vessels Permitted. No other vessel may be placed in the water along with the Vessel without the prior written consent of LESSOR. Dinghies, rafts, wave runners or other small vessels may not be left in the slip overnight and must be stowed on the Vessel when not in use. 18. Caretaking and Security. This Lease is for the use of dock space only, and such space is to be used at the sole risk of LESSEE. LESSEE expressly acknowledges that LESSOR assumes no responsibility for the caretaking or security of LESSEE's Vessel, (including any gear, equipment or contents associated with the Vessel) or for any loss or damage of whatever kind or nature to the boat, its contents, gear or equipment howsoever occasioned. LESSEE has the sole responsibility for the caretaking and security of and at the Vessel, including the responsibility to insure the Vessel in accordance with this Lease. Any independent or caretaker or mechanic working on the Vessel (other than LESSEE) must register with the Dockmaster and provide copies of the business license and proof of their business insurance policy. 19. Insurance. The LESSEE hereby agrees to maintain, insurance providing complete marine coverage for the LESSEE's Vessel and public comprehensive liability insurance (Hull and Protection and Indemnity) with limits not less than $300,000.00 per occurrence for Non Commercial Vessels and limits not less than $500,000.00 per occurrence for Commercial Vessels. The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from or arising out of this Lease or LESSEE's dockage or tenancy at the Boynton Harbor Marina. LESSOR is to be included as "Additional Insured" with respect to liability arising out of LESSEE's dockage or tenancy at the Boynton Harbor Marina, this Lease, or other acts or omissions of LESSEE in connection with this Lease. The LESSEE shall provide the LESSOR with a valid certificate of insurance as proof of such coverage at the time of executing the Lease and at each subsequent renewal. The Dockmaster and LESSOR reserve the right to request updated proof of LESSEE's insurance coverage at any time during the term of this Lease. Additionally, LESSEE is required to provide evidence of a minimum ten (10) pound ABC fire extinguisher to be maintained on the Vessel at all times. 20. Default. The failure of LESSEE to comply with the provisions set forth in this Lease shall constitute a default and breach of this Lease. If LESSEE fails to cure the default within seven (7) days of notice from LESSOR, LESSOR may terminate this Lease. If 00864161-1 Page 6 of 13 LESSOR determines, in its sole and absolute discretion, that the default or breach constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR's property, LESSOR may immediately terminate this Lease. 21. Indemnification. The LESSEE agrees to indemnify, save, and hold harmless LESSOR, its agents and its employees harmless for any and all liability, claim, demand, suit, loss, cost, expense, or damage, which may be asserted, claimed or recovered against or from LESSOR, its agents, and its employees by reason of any property damage or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to LESSEE's negligent or wrongful conduct, faulty equipment (including equipment installation and removal), use of LESSOR's dockage facilities, or use of LESSOR's property pursuant to this Lease, as well as from any and all acts or omissions of LESSEE, his/her crew, guests, invitees, or agents. The LESSEE's obligation for such indemnification shall include all reasonable defense costs including attorney fees and attorneys fees at the appellate level. This paragraph shall not be construed to require LESSEE to indemnify LESSOR for its own negligence, or intentional acts of LESSOR, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 22. Entire Agreement. This Lease represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Lease and the terms of this Lease supersede all such other agreements. No extraneous information may be used to alter the terms of this Lease. 23. Modification. No change, amendment, modification or alteration of this Lease shall be binding upon either party unless it is in writing and signed by both parties except for changes to rules and regulations as deemed necessary and appropriate by the LESSOR. 24. Interpretation. If any action at law or in equity is necessary to enforce or interpret the terms of this Lease, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 25. Severability. If any part of this Lease shall be declared unlawful or invalid, the remainder of the Lease will continue to be binding upon the parties. In the event any of part of this Lease shall be held to be invalid, this Lease shall be interpreted as if such invalid part were not contained herein. 26. Independent Advice. The Parties declare that the terms of this Lease have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 00864161-1 Page 7 of 13 27. Agreement Deemed to be Drafted Jointly. This Lease shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one parry or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Lease fairly and reasonably in accordance with the purpose of this Lease. 28. Governing Law, Jurisdiction, and Venue. The terms and provisions of this Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 29. Counterparts and Transmission. To facilitate execution, this Lease may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed on the day and year written below. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Signature: Date: By: Title: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this Lease, and all of the information furnished in support of this Lease, is given for the purpose of obtaining a marine vessel slip within the Boynton Beach Community Redevelopment Agency Boynton Harbor Marina, and is true and complete to the best of the LESSEE's knowledge and belief. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Harbor Marina Dockage Agreement as well as the Rules & Regulations Governing Dockage. 00864161-1 Page 8 of 13 I hereby acknowledge that the marina is a public area and that I have no expectation of privacy with respect to activity which occurs in plain view on the Vessel. I waive my rights under any privacy laws, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this Lease. I hereby give permission to the Community Redevelopment Agency or its agents to take photos of myself, my invitees, and/or my Vessel to be used to promote the Boynton Harbor Marina. I consent to the use of the image of the Vessel in conjunction with any promotional activity by the Agency or its employees or contractors. I understand that any misinformation furnished by me in to obtain the Lease is grounds for termination of the Lease by LESSOR. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me, the undersigned authority, this day of 120_, by ., who is personally known to me or who has produced as identification and who did/did not take an oath. NOTARY PUBLIC — State of Florida My commission expires: 00864161-1 Page 9 of 13 B 01J Harbor) Ynton 1 Marina "EXHIBIT A" BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE In an effort to provide an inviting atmosphere for boat owners docking at the LESSOR'S docks, patrons, and visitors to the marina area, the following rules and regulations are provided for your protection. LESSEE, and if LESSEE is not the Vessel Captain, the Vessel Captain are required to obey the following rules and regulations as a condition of this Lease and will be strictly enforced. Any violation of these Rules and Regulations shall be deemed as grounds for immediate termination of the Dockage Lease and removal of the vessel in the sole discretion of the LESSOR. 1. When a boat enters the basin, it immediately comes under the jurisdiction of the LESSOR's Dockmaster. 2. Only boats in good working condition, and operating under their own power, shall be admitted to or remain in berthing areas. 3. Pets shall be leashed within the confines of the LESSOR's property. Pets are permitted only if they do not disturb other Lessees,patrons, visitors, and guests. 4. Under no circumstances will live-aboard status be allowed. No overnight stay by the LESSEE, his/her crew or guests, shall be permitted. 5. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or dumpster supplied for that purpose. No person shall discharge fish carcasses or waste, oil, spirits, solvents, inflammable liquid or oily bilges into the basin or on the property of the LESSOR. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the LESSEE shall immediately notify the LESSOR's Dockmaster of the existence of such condition. 6. There shall be no discharge of fish waste into waters of the marina under any circumstances. Fish waste shall be disposed of offshore or placed in sealed garbage bags and disposed of in the on-site dumpster or taken to your place of residence or legal off- site disposal location. 7. Under no circumstances shall vessel sewage be disposed of into the marina basin. Vessel sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. 00864161-1 Page 10 of 13 8. Noise shall be kept to a minimum at all times. LESSEE shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or disturbance. Upon request by the Dockmaster or LESSOR, LESSEE will immediately lower the volume of any source of noise that may be causing a disturbance. 9. The consumption alcohol on Boynton Beach Community Redevelopment Agency or Boynton Harbor Marina property is strictly prohibited. 10. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats except for the cleaning of the underside of the vessel by LESSEE or properly licensed professional. 11. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dockmaster and the LESSOR. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 12. Fueling of gasoline or diesel powered vessels from fuel trucks, portable cans or containers without prior written approval from the Dockmaster shall be strictly prohibited in the slip or marina basin. Storage of portable gasoline cans or containers is prohibited in the marina and slip areas. 13. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the LESSOR. 14. The LESSOR reserves the right to limit and govern all marina slip parking spaces in the LESSOR parking areas as described in "Appendix A." The Boynton Harbor Marina slip spaces designated as "loading and unloading only" are for the express and exclusive use of the LESSOR and LESSEE between the hours of 6am to 6pm seven days a week. These spaces shall be limited to use for a period no longer than 15 minutes for the sole purpose of the "loading and unloading" of the LESSEE's supplies, guests, and crew. NO LONG TERM PARKING WILL BE ALLOWED in this location. The LESSOR reserves the right to tow or remove any vehicle which is found to be in violation of the parking conditions as stated in this paragraph at the sole expense of the owner of said vehicle. Overnight or long term parking can be accommodated within the Marina Village Parking Garage by written approval of the Dockmaster and Marina Village Property Manager. Failure to obtain such approval may result in the vehicle being towed by Marina Village Master Association. Please contact the Dockmaster for instructions on obtaining the required overnight parking pass. 15. Each LESSEE shall be issued a maximum of two (2) Boynton Harbor Marina vehicle identification sticker(s) to be placed on the rear window of the LESSEE's vehicle. No temporary parking passes will be issued to LESSEES for any purpose. 16. All contractors, mechanics, or caretakers ("Contractors") working on any vessel in the Boynton Harbor Marina must register with the Dockmaster, provide Dockmaster with proof of insurance and proof of business licensing before commencing work, and work 00864161-1 Page 11 of 13 pursuant to the terms of the Lease. The Dockmaster will provide a one-day "Contractor Parking Pass" to Contractors upon registration. Dockmaster will only issue parking passes for Contractors that have proof of insurance and proof of business licensing on file with the Dockmaster. If more than one day of work is required, the Contractor shall check in with the Dockmaster each day prior to commencing work. 17. Each LESSEE shall provide an executed Dockage Lease Agreement along with all of the documents listed below to the Dockmaster no later than September 30, . If the LESSEE does not provide an executed Dockage Lease Agreement along with all of the documents listed below by September 30 LESSEE will be charged a $500 fee. The LESSEE will then have 30 days from September 30, to provide the Dockmaster with the $500 fee, an executed Dockage Lease Agreement (along with all of the documents listed below). If at that time the executed Dockage Lease Agreement, (along with all of the documents listed below) and the $500 fee is not provided to the Dockmaster, the Dockage Lease Agreement will not be considered for renewal and the LESSEE will be required to leave the space. Each LESSEE is required to provide the Dockmaster with the below listed documentation along with the executed Dockage Lease Agreement: • Current Boynton Beach Business Tax Receipt • Current documentation or title to boat being docked • Current vessel registration • Captains licensing for all boat operators • Current US Coast Guard vessel inspection • Current hurricane protection plan • Current insurance policy, written as per section 19 in the dockage agreement and naming Boynton Beach CRA additionally insured 18. Violation of the above rules and regulations, or other conduct by any LESSEE, or his/her crew or guests, that might injure any person, cause damage to property or harm the reputation of the LESSOR shall be cause for immediate removal from Boynton Harbor Marina. Such conduct shall include, but not be limited to: harassment of any person; aggressive behavior; engagement in any illegal activity; or any conduct that the Dockmaster or LESSOR determines, in their sole and absolute discretion, endangers the health, safety, welfare, or property of any other person or entity. LESSEE acknowledges by signing below, that they have read and understand the BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE and hereby agree to the terms of the Dockage Lease Agreement. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. 00864161-1 Page 12 of 13 "Exhibit B" BOYNTON HARBOR MARINA Dockage Lease Agreement Tenant's Monthly Trip Log SLIP No. VESSEL NAME CAPTAIN NAME CAPTAIN NAME TOTAL NUMBER OF CAPTAIN'S MONTH TOTAL NUMBER OF TRIPS PASSENGERS INITIALS Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 00864161-1 Page 13 of 13 t4fljJi��ti{$=tf f Boynton Har or ,...,......,..St,cyf(U,.,,....,.,. Marina BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY "BOYNTON HARBOR MARINA" DOCKAGE LEASE AGREEMENT FOR MULTIPLE VESSLES IN A SINGLE SLIP FY 2019-2021 This Lease Agreement("Lease") is entered into between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("LESSOR") and the undersigned boat and/or owner, ("LESSEE"). WAYPOINT MARINE, INC., hereinafter referred to as"Dockmaster" performs any and all duties of marina management on behalf of the LESSOR. . (Print all information. All blank spaces must be completed.) LESSEE'S Name BUSINESS NAME LESSEE'S Address City State Zip Phone No. Alternate Phone No. First Vessel: Registration No. First Vessel Name: Make Year O.A. Length Beam Draft *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Tenant vessels shall be measured twice annually. Power Sail Electricity: 110 220 Second Vessel: 00864234-1 Page I of 13 Registration No. Second Vessel Name: Make Year O.A. Length Beam Draft *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Tenant vessels shall be measured twice annually. Power Sail Electricity: 110 220 (hereinafter, First Vessel and Second Vessel shall be referred to collectively as "Vessel"). Slip No. Lease Rate: $ per lineal foot from October 1, 2019 until September 30, 2021. For purposes of calculating the Lease Rate, the lineal feet shall be calculated by adding the O.A. Length of the First Vessel to the O.A. Length of the Second Vessel. 1. Term. The term of this Dockage Lease shall be from until September 30, 2021. There is no option to renew and any additional term of lease shall be evidenced by a new Lease. 2. Rent. The rental shall be the sum of per month based on the lease rate of dollars ($ ) per vessel linear foot plus 7% sales tax in the amount of$ , for a total of$ per month from the time period of October 1, 2019 through September 30, 2021. Rent for the first month shall be prorated if Lease is executed after the 1st of the month. Each subsequent rent payment shall be due on the first day of the month and past due on the tenth day of the month. Timely payment of rent is a material provision of this Lease and the late payment of rent constitutes grounds for termination of this Lease by LESSOR regardless of whether delinquent rent is accepted. LESSEE understands that LESSOR may accept late payment of rent without waiving LESSOR's right to declare a breach of Lease and terminate this Lease. 3. Security Deposit. At the time of execution of this Lease, LESSEE shall pay LESSOR an amount equal to one month's rent, as specified in Paragraph 2 of this Lease. This payment(the"Security Deposit") shall be made by cash, cashier's check, or money order. The Security Deposit may not be paid by personal check. The Security Deposit is separate from payment of rent and utilities, and LESSEE may not use the Security Deposit to pay the last month's, or any month's, rent or other charges in arrears. LESSOR is not obligated to apply the Security Deposit on rents or other charges in arrears, or on other damage caused by LESSEE's failure to perform under this Lease, but LESSOR may choose to do so at LESSOR's option. If LESSOR repossesses the slip because of LESSEE's default or breach, LESSOR may, but is not required to, apply the deposit on all damages suffered as a result of the default or breach, regardless of whether the damages occurred before, during, or after repossession. Upon expiration or termination of this Lease, LESSOR shall inspect the slip and related facilities for any damage caused by LESSEE or LESSEE's use of the slip. If there is 00864234-1 Page 2 of 13 damage beyond normal wear and tear, LESSOR shall subtract the amount necessary to repair the damage from the Security Deposit and return the remainder of the Security Deposit to LESSEE within fourteen (14) days after LESSEE has vacated the slip. LESSOR shall not subtract any amount from the Security Deposit for normal wear and tear. LESSOR shall have sole discretion as to what constitutes normal wear and tear. Any interest generated on the Security Deposit shall accrue to LESSOR. LESSOR shall not be obligated to keep the Security Deposit as a separate fund, but may mix it with LESSOR's own funds. 4. Utilities. LESSOR agrees to provide electricity and water hookups at each slip. Any equipment/connecting devices necessary to provide the connection from the dock to the Vessel shall be the responsibility of the LESSEE but the type and manner of connection are subject to approval by the LESSOR. LESSEE is responsible for the payment of their monthly electrical and water (individually or collectively, "utility") usage. The billing rate for utility consumption by the LESSEE shall be based on usage to the slip as determined by LESSOR and will be calculated based on the prevailing rate charged to the LESSOR by the utility provider. A utility statement will be hand delivered or mailed to the LESSEE on the 1st of each month and shall reflect the amount of utility usage for the previous month. Utility payments shall be considered additional rent under this Lease. LESSEE's utility payments shall be due to LESSOR no later than the tenth day of the following month. 5. Late Payment. There shall be a late payment fee in an amount equal to 25% of the amount due each month on all rent or utility payments received after the past due date. There shall be an additional one hundred dollar ($100.00) late fee when the delinquent rent payment is not made in full, including the initial late fees, by the fifteenth day of the subsequent month. Each month for which LESSEE fails to pay all or a portion of rent or utility payments owed shall constitute a separate violation of this Lease and shall incur a separate late fee. Interest shall accrue on any unpaid amounts owed under this lease at the rate of 1.5%per month. 6. Lien. LESSOR shall have a lien against the Vessel, its appurtenances, and its contents for unpaid sums due for rent, use of dock facilities, utility usage, other services, or for damage to any docks or property of LESSOR or any other person at the docks caused or contributed to by the Vessel, LESSEE or any individual the LESSEE allows to use the Vessel. The lien shall be in addition to all other remedies available at law or in equity. 7. Only for Approved Vessel. This Lease is valid only for the Vessel and LESSEE, and is not transferable to another vessel or lessee without the written authorization and approval of the LESSOR. This Lease does not allow for the sub-leasing of the slip by the LESSEE under any circumstances. This Lease grants the LESSEE a revocable license to use the subject dock space and does not create any interest for LESSEE in the underlying bottom lands or real property connected with the LESSOR. 8. Absences from Slip. LESSEE is required to notify the Dockmaster in writing if the Vessel will be absent from the above referenced slip for longer than a thirty (30) day period. Slips left empty for longer than thirty consecutive days, or for twenty days in a forty five day period, without written notification to the LESSOR shall be considered vacated by the LESSEE and the lease will be terminated. 00864234-1 Page 3 of 13 9. Termination for Cause. This Lease shall be in effect until the end of the term unless sooner terminated by reason of one or more of the following conditions or events: a. By destruction of the dockage facilities by storm, Act of God, or other calamity. b. In the event LESSEE makes a bona fide sale of the boat or obtains a boat larger than can be safely berthed at the subject dockage. C. LESSEE terminates this Lease by providing thirty (30) day written notice to the LESSOR. LESSEE may terminate this Lease pursuant to this subsection only if all rents and fees are current and paid in full. d. By breach or default as provided below. e. Late payment of rent, including items deemed "additional rent," or penalty charges. f. Failure to maintain and provide proof to LESSOR of insurance coverage as required in paragraph 19 below. g. Other reason as provided for in this Lease. All termination proceedings shall be conducted in accordance with Florida law. 10. Additional Procedures for Termination for Late Payment of Rent. If LESSOR terminates this Lease pursuant to Section 9.e. of this Lease, LESSEE shall immediately vacate the dock space leased hereunder upon three days notice by LESSOR. Notice shall be considered given upon any of the following: (a) Mailing notice to LESSEE at the address provided above; or (b) Posting notice upon the Vessel. Should LESSEE fail to vacate within the three days set forth herein, the Parties agree that LESSOR shall be entitled to an immediate judgment for eviction and possession of the subject dock space, upon filing of a verified complaint for eviction/possession with the Palm Beach County Court, in and for the Fifteenth Judicial Circuit. The Parties expressly agree that said action for eviction/possession shall proceed under Summary Procedure pursuant to Section 51.011, Fla. Stat. 11. Compliance with Rules and Regulations. LESSEE agrees to comply with all posted Rules and Regulations along with those attached hereto as "Exhibit A," as amended from time to time in the LESSOR's sole discretion, as fully as though they were set forth herein, and should breach of this Lease or violation of the Rules and Regulations Governing Dockage set forth and attached hereto occur, LESSOR may immediately terminate this Lease. LESSEE shall be notified of such termination and required to immediately remove the Vessel at LESSEE's expense. LESSOR may take all legal steps to remove the Vessel and other property upon termination of the Lease. If LESSOR determines, in its sole and absolute discretion, that the violation of the Rules and Regulations constitutes a danger to the health, safety, and welfare of LESSEE, other 00864234-1 Page 4 of 13 persons or property, or LESSOR or LESSOR's property, LESSOR may immediately take any steps it deems necessary to mitigate or alleviate such danger. 12. Required Trip Log Submittal. LESSEE will submit a completed copy of the appropriate log attached hereto as "Exhibit B" in accordance with the schedule below: • First Submittal shall be no later than January 5, 2020 for all trips that occurred October 1 to December 31, 2019 • Second Submittal shall be no later than April 5, 2020 for all trips that occurred January 1 to March 31, 2020 • Third Submittal shall be no later than August 5, 2020 for all trips that occurred April 1 to July 31, 2020 • Fourth Submittal shall be no later than November 5, 2020 for all trips that occurred August 1 to September 30, 2020. Failure to comply with this section shall be a default and breach of this Lease. If LESSEE fails to submit the trip log, LESSOR may, in addition to the other remedies provided for in this Lease, elect to discontinue LESSEE's fuel discount and exclude LESSEE from LESSOR's marketing collateral. 13. Voluntary Waiver. LESSOR may, in its sole and absolute discretion, waive any requirement of this Lease. Waiver of any conditions by LESSOR shall not be deemed to be a continuing waiver and shall not be considered a waiver of any other provision or condition of this Lease. 14. Weather. Weather conditions: In the event weather or tidal conditions exist during the term of this Lease that would either place the LESSEE's Vessel in danger of incurring damage to itself or LESSEE's Vessel causing damage to the LESSOR's property or other vessels within the dockage facilities, it shall be the LESSEE's responsibility to remove the Vessel from the LESSOR's property and dockage facility. Any damage caused by LESSEE's Vessel to the LESSOR's property, dockage facilities, LESSEE's Vessel or other vessels within the LESSOR's property and dockage facilities shall be the sole responsibility of the LESSEE. The LESSEE, by executing this Lease, expressly agrees that he/she shall be solely responsible for ascertaining when such threatening weather conditions may occur in order to allow adequate time for the LESSEE to remove the Vessel from the LESSOR's property and dockage facility as required above. The LESSEE expressly acknowledges that the LESSOR does not assume any obligation to contact the LESSEE with respect to impending weather conditions. NOTICE TO VESSEL OWNER The undersigned LESSOR hereby informs you that in the event you fail to remove your vessel(s) from the marina promptly (within 24 hours) after the issuance of a tropical storm or hurricane watch for Palm Beach County or Boynton Beach, Florida, under Florida law, the undersigned or his or her employees or agents are authorized to remove your vessel(s), if reasonable, from its slip or take any and all other reasonable actions deemed appropriate by the undersigned or his or her employees or agents in order to better secure your vessel(s) and to protect marina property, private property, and the 00864234-1 Page 5 of 13 environment. You are further notified that you may be charged a reasonable fee for any such action. Notwithstanding the foregoing, LESSEE shall be responsible for all damage caused by the Vessel to the LESSOR's dockage facilities or other vessels regardless of ownership. The LESSOR expressly reserves the right, but not the responsibility, to establish minimum requirements for the kinds of cleats, ropes, fenders and other measures that must be used on vessels as a condition of the use of the dockage facilities. In the event the LESSOR establishes such minimum measures, it shall be the LESSEE's obligation and liability to assure himself/herself that such minimum requirements are adequate to protect the LESSEE's Vessel from damage. LESSEE shall be required to adhere to the guidelines set forth in the annual Boynton Harbor Marina Hurricane Plan provided by the Dockmaster or the LESSOR at the signing of this Lease. 15. Telephone, Cable, Internet, etc. LESSOR represents and LESSEE understands that there is no telephone, cable television, internet or wireless internet (Wi-Fi) service provided to the dock or slip. Telephone service to the vessels must be by cellular phone at LESSEE's expense. No private telephone systems or satellite dishes may be installed within the dockage facilities without the prior written consent of the Dockmaster or the LESSOR. 16. Reassignment. LESSOR reserves the right to permanently reassign the LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, by providing LESSEE ten (10) days written notification of such intent. LESSOR reserves the right to temporarily reassign LESSEE to a different slip in the event LESSOR deems it necessary, in its sole discretion, for the purpose of health and safety concerns, maintenance, repairs, construction or any other reason LESSOR deems necessary. 17. No Additional Vessels Permitted. No other vessel may be placed in the water along with the Vessel without the prior written consent of LESSOR. Dinghies, rafts, wave runners or other small vessels may not be left in the slip overnight and must be stowed on the Vessel when not in use. 18. Caretaking and Security. This Lease is for the use of dock space only, and such space is to be used at the sole risk of LESSEE. LESSEE expressly acknowledges that LESSOR assumes no responsibility for the caretaking or security of LESSEE's Vessel, (including any gear, equipment or contents associated with the Vessel) or for any loss or damage of whatever kind or nature to the boat, its contents, gear or equipment howsoever occasioned. LESSEE has the sole responsibility for the caretaking and security of and at the Vessel, including the responsibility to insure the Vessel in accordance with this Lease. Any independent or caretaker or mechanic working on the Vessel (other than LESSEE) must register with the Dockmaster and provide copies of the business license and proof of their business insurance policy. 19. Insurance. The LESSEE hereby agrees to maintain, insurance providing complete marine coverage for the LESSEE's Vessel and public comprehensive liability insurance (Hull and Protection and Indemnity) with limits not less than $300,000.00 per occurrence for Non Commercial Vessels and limits not less than $500,000.00 per occurrence for 00864234-1 Page 6 of 13 Commercial Vessels. The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from or arising out of this Lease or LESSEE's dockage or tenancy at the Boynton Harbor Marina. LESSOR is to be included as "Additional Insured" with respect to liability arising out of LESSEE's dockage or tenancy at the Boynton Harbor Marina, this Lease, or other acts or omissions of LESSEE in connection with this Lease. The LESSEE shall provide the LESSOR with a valid certificate of insurance as proof of such coverage at the time of executing the Lease and at each subsequent renewal. The Dockmaster and LESSOR reserve the right to request updated proof of LESSEE's insurance coverage at any time during the term of this Lease. Additionally, LESSEE is required to provide evidence of a minimum ten (10) pound ABC fire extinguisher to be maintained on the Vessel at all times. 20. Default. The failure of LESSEE to comply with the provisions set forth in this Lease shall constitute a default and breach of this Lease. If LESSEE fails to cure the default within seven (7) days of notice from LESSOR, LESSOR may terminate this Lease. If LESSOR determines, in its sole and absolute discretion, that the default or breach constitutes a danger to the health, safety, and welfare of LESSEE, other persons or property, or LESSOR or LESSOR's property, LESSOR may immediately terminate this Lease. 21. Indemnification. The LESSEE agrees to indemnify, save, and hold harmless LESSOR, its agents and its employees harmless for any and all liability, claim, demand, suit, loss, cost, expense, or damage, which may be asserted, claimed or recovered against or from LESSOR, its agents, and its employees by reason of any property damage or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to LESSEE's negligent or wrongful conduct, faulty equipment (including equipment installation and removal), use of LESSOR's dockage facilities, or use of LESSOR's property pursuant to this Lease, as well as from any and all acts or omissions of LESSEE, his/her crew, guests, invitees, or agents. The LESSEE's obligation for such indemnification shall include all reasonable defense costs including attorney fees and attorneys fees at the appellate level. This paragraph shall not be construed to require LESSEE to indemnify LESSOR for its own negligence, or intentional acts of LESSOR, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 22. Entire Agreement. This Lease represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Lease and the terms of this Lease supersede all such other agreements. No extraneous information may be used to alter the terms of this Lease. 23. Modification. No change, amendment, modification or alteration of this Lease shall be binding upon either party unless it is in writing and signed by both parties except for changes to rules and regulations as deemed necessary and appropriate by the LESSOR. 00864234-1 Page 7 of 13 24. Interpretation. If any action at law or in equity is necessary to enforce or interpret the terms of this Lease, the prevailing parry shall be entitled to reasonable attorney fees, expenses, and costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 25. Severability. If any part of this Lease shall be declared unlawful or invalid, the remainder of the Lease will continue to be binding upon the parties. In the event any of part of this Lease shall be held to be invalid, this Lease shall be interpreted as if such invalid part were not contained herein. 26. Independent Advice. The Parties declare that the terms of this Lease have been read and are fully understood. The Parties understand that this is a binding legal document, and each Parry is advised to seek independent legal advice in connection with the matters referenced herein. 27. Agreement Deemed to be Drafted Jointly. This Lease shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one parry or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Lease fairly and reasonably in accordance with the purpose of this Lease. 28. Governing Law, Jurisdiction, and Venue. The terms and provisions of this Lease shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 29. Counterparts and Transmission. To facilitate execution, this Lease may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Signature: Date: By: 00864234-1 Page 8 of 13 Title: CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned, applicant(s) certify that all information presented in this Lease, and all of the information furnished in support of this Lease, is given for the purpose of obtaining a marine vessel slip within the Boynton Beach Community Redevelopment Agency Boynton Harbor Marina, and is true and complete to the best of the LESSEE's knowledge and belief. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Harbor Marina Dockage Agreement as well as the Rules & Regulations Governing Dockage. I hereby acknowledge that the marina is a public area and that I have no expectation of privacy with respect to activity which occurs in plain view on the Vessel. I waive my rights under any privacy laws, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any information given herein. I further grant permission, and authorize any bank, employer or other public or private agency to disclose information deemed necessary to complete this Lease. I hereby give permission to the Community Redevelopment Agency or its agents to take photos of myself, my invitees, and/or my Vessel to be used to promote the Boynton Harbor Marina. I consent to the use of the image of the Vessel in conjunction with any promotional activity by the Agency or its employees or contractors. I understand that any misinformation furnished by me in to obtain the Lease is grounds for termination of the Lease by LESSOR. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me, the undersigned authority, this day of 2017, by who is personally known to me or who has produced as identification and who did/did not take an oath. NOTARY PUBLIC — State of Florida My commission expires: 00864234-1 Page 9 of 13 oynton Harbor Marina "EXHIBIT A" BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE In an effort to provide an inviting atmosphere for boat owners docking at the LESSOR's docks, patrons, and visitors to the marina area, the following rules and regulations are provided for your protection. LESSEE, and if LESSEE is not the Vessel Captain, the Vessel Captain are required to obey the following rules and regulations as a condition of this Lease and will be strictly enforced. Any violation of these Rules and Regulations shall be deemed as grounds for immediate termination of the Dockage Lease and removal of the vessel in the sole discretion of the LESSOR. 1. When a boat enters the basin, it immediately comes under the jurisdiction of the LESSOR's Dockmaster. 2. Only boats in good working condition, and operating under their own power, shall be admitted to or remain in berthing areas. 3. Pets shall be leashed within the confines of the LESSOR's property. Pets are permitted only if they do not disturb other Lessees,patrons, visitors, and guests. 4. Under no circumstances will live-aboard status be allowed. No overnight stay by the LESSEE, his/her crew or guests, shall be permitted. 5. Refuse shall not be thrown overboard. Garbage shall be deposited in cans or dumpster supplied for that purpose. No person shall discharge fish carcasses or waste, oil, spirits, solvents, inflammable liquid or oily bilges into the basin or on the property of the LESSOR. In the event of any accidental spills of oil, spirits, solvents, flammable liquids, fuel products or other toxic substances or waste, the LESSEE shall immediately notify the LESSOR's Dockmaster of the existence of such condition. 6. There shall be no discharge of fish waste into waters of the marina under any circumstances. Fish waste shall be disposed of offshore or placed in sealed garbage bags and disposed of in the on-site dumpster or taken to your place of residence or legal off- site disposal location. 7. Under no circumstances shall vessel sewage be disposed of into the marina basin. Vessel sewage shall be disposed of appropriately and in conformance with all pertinent health codes and state statutes. 00864234-1 Page 10 of 13 8. Noise shall be kept to a minimum at all times. LESSEE shall use discretion in operating engines, generators, radios and television sets, so as not to create a nuisance or disturbance. Upon request by the Dockmaster or LESSOR, LESSEE will immediately lower the volume of any source of noise that may be causing a disturbance. 9. The consumption alcohol on Boynton Beach Community Redevelopment Agency or Boynton Harbor Marina property is strictly prohibited. 10. Swimming, diving, or fishing shall not be permitted from the docks or finger piers or boats except for the cleaning of the underside of the vessel by LESSEE or properly licensed professional. 11. Boat owners shall not store supplies, materials, accessories or debris on walkway, and shall not construct thereon any lockers, chests, cabinets, or similar structures, except with written approval of the Dockmaster and the LESSOR. Painting, scraping, or repairing of gear shall not be permitted on the docks or finger piers. Extent of repairs and maintenance shall be at the discretion of management. 12. Fueling of gasoline or diesel powered vessels from fuel trucks, portable cans or containers without prior written approval from the Dockmaster shall be strictly prohibited in the slip or marina basin. Storage of portable gasoline cans or containers is prohibited in the marina and slip areas. 13. Laundry shall not be hung on boats, docks or finger piers in the basin, nor shall "for sale" signs be put on boats without written permission from the LESSOR. 14. The LESSOR reserves the right to limit and govern all marina slip parking spaces in the LESSOR parking areas as described in "Appendix A." The Boynton Harbor Marina slip spaces designated as "loading and unloading only" are for the express and exclusive use of the LESSOR and LESSEE between the hours of 6am to 6pm seven days a week. These spaces shall be limited to use for a period no longer than 15 minutes for the sole purpose of the "loading and unloading" of the LESSEE's supplies, guests, and crew. NO LONG TERM PARKING WILL BE ALLOWED in this location. The LESSOR reserves the right to tow or remove any vehicle which is found to be in violation of the parking conditions as stated in this paragraph at the sole expense of the owner of said vehicle. Overnight or long term parking can be accommodated within the Marina Village Parking Garage by written approval of the Dockmaster and Marina Village Property Manager. Failure to obtain such approval may result in the vehicle being towed by Marina Village Master Association. Please contact the Dockmaster for instructions on obtaining the required overnight parking pass. 15. Each LESSEE shall be issued a maximum of two (2) Boynton Harbor Marina vehicle identification sticker(s) to be placed on the rear window of the LESSEE's vehicle. No temporary parking passes will be issued to LESSEES for any purpose. 16. All contractors, mechanics, or caretakers ("Contractors") working on any vessel in the Boynton Harbor Marina must register with the Dockmaster, provide Dockmaster with proof of insurance and proof of business licensing before commencing work, and work 00864234-1 Page 11 of 13 pursuant to the terms of the Lease. The Dockmaster will provide a one-day "Contractor Parking Pass" to Contractors upon registration. Dockmaster will only issue parking passes for Contractors that have proof of insurance and proof of business licensing on file with the Dockmaster. If more than one day of work is required, the Contractor shall check in with the Dockmaster each day prior to commencing work. 17. Each LESSEE shall provide an executed Dockage Lease Agreement along with all of the documents listed below to the Dockmaster no later than September 30, . If the LESSEE does not provide an executed Dockage Lease Agreement along with all of the documents listed below by September 30 LESSEE will be charged a $500 fee. The LESSEE will then have 30 days from September 30, to provide the Dockmaster with the $500 fee, an executed Dockage Lease Agreement(along with all of the documents listed below). If at that time the executed Dockage Lease Agreement, (along with all of the documents listed below) and the $500 fee is not provided to the Dockmaster, the Dockage Lease Agreement will not be considered for renewal and the LESSEE will be required to leave the space. Each LESSEE is required to provide the Dockmaster with the below listed documentation along with the executed Dockage Lease Agreement: • Current Boynton Beach Business Tax Receipt • Current documentation or title to boat being docked • Current vessel registration • Captains licensing for all boat operators • Current US Coast Guard vessel inspection • Current hurricane protection plan • Current insurance policy, written as per section 19 in the dockage agreement and naming Boynton Beach CRA additionally insured 18. Violation of the above rules and regulations, or other conduct by any LESSEE, or his/her crew or guests, that might injure any person, cause damage to property or harm the reputation of the LESSOR shall be cause for immediate removal from Boynton Harbor Marina. Such conduct shall include, but not be limited to: harassment of any person; aggressive behavior; engagement in any illegal activity; or any conduct that the Dockmaster or LESSOR determines, in their sole and absolute discretion, endangers the health, safety, welfare, or property of any other person or entity. LESSEE acknowledges by signing below, that they have read and understand the BOYNTON HARBOR MARINA RULES AND REGULATIONS GOVERNING DOCKAGE and hereby agree to the terms of the Dockage Lease Agreement. LESSEE Signature*: Date: Print Name *If Lessee is a corporation, an officer of the corporation must sign this lease and must also provide a resolution of the corporation authorizing signature. 00864234-1 Page 12 of 13 "Exhibit B" BOYNTON HARBOR MARINA Dockage Lease Agreement Tenant's Monthly Trip Log SLIP No. VESSEL NAME CAPTAIN NAME MONTH TOTAL NUMBER OF TRIPS TOTAL NUMBER OF PASSENGERS Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 —Sep-18 00864234-1 Page 13 of 13 �s s�tt(SSt Boynton Harbor Marina BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA SAFETY ACCESSORY CRITERIA The Boynton Beach Community Redevelopment Agency (CRA)recognizes there may be certain circumstances under which the safety of the public, lessees of the Boynton Harbor Marina, and other persons may be improved by the presence of certain safety accessories. Therefore, Lessees of the Boynton Harbor Marina(Lessees) may apply to the CRA for an addendum to an existing Boynton Harbor Marina Dockage Lease Agreement that would allow Lessees to use a safety accessory under the following circumstances: 1. The proposed Safety Accessory must be deemed by the Dockmaster, in his sole and absolute discretion, to be an accessory that will enhance the safety of the Lessee or other persons during their use of the Boynton Harbor Marina. 2. Once the Dockmaster deems that the proposed Safety Accessory will enhance the safety of the Lessee or other persons, the CRA must review the proposed safety accessory and may, in its sole and absolute discretion, determine that the safety accessory is not safe or is otherwise not appropriate for use at the Boynton Harbor Marina. In making its determination, the CRA shall base its decision solely on the use and appropriateness of the proposed Safety Accessory and shall not discriminate based on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability of the Lessee. 3. If both the Dockmaster and the CRA approve of the use of the proposed Safety Accessory,the Lessee and the CRA shall enter into the Safety Accessory Addendum. 4. The Safety Accessory shall not be nailed, screwed, or otherwise permanently attached or affixed to the Boynton Harbor Marina Dock(Dock). SAFETY ACCESSORY ADDENDUM This addendum to the Boynton Harbor Marina Dockage Lease Agreement dated (Lease) is made by and between the Boynton Beach Community Redevelopment Agency (LESSOR) and (LESSEE)this day of , 20 . WHEREAS, LESSOR and LESSEE have previously entered into the Lease; and WHEREAS, LESSOR has promulgated Safety Accessory Criteria, which are hereby expressly incorporated into this Addendum; and WHEREAS, LESSEE wishes to use a safety accessory (Safety Accessory) in the dock slip assigned to Lessee; and 00692681-1 WHEREAS, LESSOR agrees that the Safety Accessory will enhance the safety of Lessee's and other persons' use of the dock and is appropriate for use of the dock; NOW THEREFORE, for the good and valuable consideration of$ and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both parties, the parties agree as follows: 1. The recitals above, and the Safety Accessory Criteria, are hereby incorporated as if fully set forth herein. 2. Lessee may use the Safety Accessory identified in Exhibit 1 at the dock slip used by Lessee in the Boynton Harbor Marina(Dock Slip). Lessee shall ensure that the Safety Accessory remains confined to the Dock Slip at all times. 3. The Safety Accessory may not be nailed, screwed, glued, stapled, welded, or otherwise permanently attached or affixed to the Dock Slip. The Safety Accessory may only be attached to the Dock Slip by ropes, bands, or other temporary attachment mechanisms that do not pierce the surface of the Dock Slip. No Safety Accessory may be attached to the Dock Slip without the Dockmaster's express approval, in writing, of the method of attachment. Upon removal of the Safety Accessory, LESSEE is responsible for ensuring that the Dock Slip remains unaltered by the use of the Safety Accessory, except for normal wear and tear. 4. Prior to the installation of the Safety Accessory, LESSEE shall obtain, at LESSEE's sole expense, stamped drawings from a qualified marine engineer stating that the engineer has personally examined the Boynton Harbor Marina, the Dock Slip, and the Safety Accessory and determined, in his or her professional opinion, the Safety Accessory will not compromise the structural integrity or safety of the Boynton Harbor Marina or Dock Slip. 5. Within 10 days of the installation of the Safety Accessory, LESSEE shall provide to the Dockmaster an installation certification letter signed by a qualified marine engineer. 6. The Addendum applies only to the Safety Accessory identified in Exhibit 1. LESSEE may not substitute any other safety accessory without the express written permission of both the Dockmaster and LESSOR. LESSEE may repair the Safety Accessory on an as-needed basis so long as such repair does not violate the Lease,this Addendum, or any other applicable rules,policies, and regulations that relate to the Boynton Harbor Marina. 7. If the Dockmaster or LESSOR, in either's sole and absolute discretion, determine that the Safety Accessory is unsafe or inappropriate for use at the Boynton Harbor Marina, the Dockmaster or LESSOR shall notify LESSEE in writing. LESSEE shall have 7 calendar days after such notice is sent to remove the Safety Accessory. LESSEE hereby agrees that if the Safety Accessory is not removed within 7 days of the notice being sent, the Dockmaster or LESSOR may remove the Safety Accessory by any means necessary, which expressly includes the understanding that the Dockmaster or LESSOR may enter onto LESSEE's vessel for the sole purpose and minimum time necessary to remove the Safety Accessory. 8. LESSEE shall indemnify, save, and hold harmless the LESSOR, its agents, its employees, and the Dockmaster from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from LESSOR, its agents, or its employees, by reason of any property damages or personal injury,including death,sustained by any person whomsoever,which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to LESSEE's use, installation, or removal of the Safety Accessory or this Addendum. Nothing in this Addendum shall be deemed to affect the rights,privileges, and sovereign immunities of LESSOR as set forth in Section 00692681-1 768.28, Florida Statutes. This paragraph shall not be construed to require LESSEE to indemnify LESSOR for its own negligence, or intentional acts of LESSOR, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 9. Prior to the installation of the Safety Accessory, LESSEE shall obtain all insurance required by LESSOR and provide proof thereof to the Dockmaster and include, along with an executed copy of this Agreement, a Certificate of Insurance with a liability limit of at least $ per occurrence. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to,resulting from, or arising out of the use of the Safety Accessory. LESSOR is to be included as an "Additional Insured" with respect to liability arising out of the use of the Safety Accessory. 10. LESSEE guarantees and shall ensure that the Safety Accessory is used only for its intended purpose and in conformance with the manufacturer's specifications and instructions. A copy of the manufacturer's specifications and instructions are attached hereto as Exhibit 2. 11. LESSEE shall provide a deposit of $ to the Dockmaster, which shall be retained by the Dockmaster as security for any damage that may arise out of the use of the Safety Accessory. Once the Safety Accessory has been removed, the Dockmaster shall examine the Dock Slip and determine if any repairs are necessary as a result of the use of the Safety Accessory. If any repairs are necessary, the Dockmaster shall withhold the amount of funds necessary to repair the Dock Slip and return the remainder, if any, to LESSEE. 12. This Addendum shall not be construed to alter or affect any terms or provisions of the Lease other than those terms and conditions specifically altered by this Addendum. 13. The signatories to this Addendum hereby represent, agree, and confirm that each is authorized to sign on behalf of the entity for which they sign below. IN WITNESS WHEREOF, this Addendum has been executed by the parties hereto on the dates indicated below. On Behalf of LESSEE By: Date: Printed: Title: On Behalf of the Boynton Beach Community Redevelopment Agency By: Date: Printed: Title: 00692681-1 �s s tt(SSt Boynton Harbor Marina BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA TRANSIENT DOCKAGE AGREEMENT This Transient Dockage Agreement ("Agreement") is entered into between Boynton Beach Community Redevelopment Agency ("BBCRA") and ("Vessel Owner") for temporary dockage of the Vessel described below at the Boynton Harbor Marina. WAYPOINT MARINE, INC., ("Dockmaster") is duly authorized to execute this Agreement and act on behalf of BBCRA in all matters contemplated in this Agreement. (Print all information. All blank spaces must be completed.) 1) Vessel Owner Information: Vessel Owner's Name Vessel Owner's Address Business Name Business Address: City State Zip Phone No. Alternate Phone No. 2) Vessel Information: Vessel Registration No. Vessel Name: ("Vessel"). Make Year O.A. Length Beam Draft *The length of any vessel shall be measured from the end of pulpit to the end of the dive platform. Power Sail Electricity: 110 220 Inboard Outboard 00863977-1 100863977-11 1 3) Notify in Case of Emergency: Name: Phone No. Alternate Phone No. Address: Relationship to Vessel Owner: 4) Dockage Location and Term. This Agreement creates a revocable license to use the dock space assigned by the Dockmaster for a term of days, from to ("Dockage Term"). The Dockage Term may not exceed five (5) days under any circumstances. Dockmaster may, in his sole and absolute discretion, terminate this Agreement with or without cause and immediately require Vessel Owner to remove the Vessel from Boynton Harbor Marina. The use of dock space is subject to availability,which shall be determined by the Dockmaster. 5) No Discrimination. In entering, applying, and enforcing this Agreement, BBCRA and Dockmaster shall not discriminate based on the basis of race, color, religion, ancestry, national origin, age, sex, marital statues, sexual orientation or disability of the Vessel Owner or the guests or passengers of the Vessel Owner. 6) Dockage Charge. In exchange for docking at the Boynton Harbor Marina, Vessel Owner shall pay BBCRA a charge of$ per lineal foot per night("Dockage Charge"), to be calculated: ( x $ ) = plus any applicable tax. (length of vessel,in feet) 7) Vessel Insurance. Vessel Owner is required to provide Proof of Insurance to Dockmaster, who shall make a copy of such Proof of Insurance. Insurance must provide complete marine coverage for the Vessel and public comprehensive liability insurance (Hull and Protection and Indemnity) with limits not less than $300,000.00 per occurrence for Non Commercial Vessels and limits not less than $500,000.00 per occurrence for Commercial Vessels. The insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from or arising out of this Agreement or Vessel Owner's use of the Boynton Harbor Marina. 8) Credit Card. Prior to docking the Vessel overnight at the Boynton Harbor Marina, Vessel Owner shall provide a credit card to Dockmaster that has sufficient credit available to pay for Dockage Charges, taxes, and any damages of any kind caused by the Vessel, Vessel Owner, or Vessel Owner's passengers or guests. 9) Only for Approved Vessel. This Agreement is valid only for the Vessel and Vessel Owner, and is not transferrable to another vessel or vessel owner. 10) Legal Purpose. Vessel Owner hereby warrants and confirms that the Vessel is being used only for legal purposes and that no illegal items of any kind are currently on board the Vessel or will be brought onto the Vessel for the duration of the Dockage Term. 00863977-1 100863977-11 2 11) Utilities. BBCRA and Dockmaster agree, to the extent it is reasonably available, to provide electricity and water hookups to Vessel Owner. Any equipment/connecting devices necessary to provide the connection from the dock to the Vessel shall be the responsibility of the Vessel Owner but the type and manner of connection are subject to approval by the Dockmaster. BBCRA and Dockmaster shall not charge Vessel Owner any additional amount over and above the Dockage Charge for the use of electricity and water,but if water or electricity hookups are not provided,not functional, or not reasonably available, the Dockage Charge shall not be reduced. 12) Security. This Agreement is for use of dock space only, and such space is to be used at the sole risk of Vessel Owner. Vessel Owner expressly acknowledges that BBCRA and Dockmaster assume no responsibility for the caretaking or security of the Vessel, (including any gear, equipment or contents associated with the Vessel) or for any loss or damage of whatever kind or nature to the boat, its contents, gear or equipment, howsoever occasioned. Vessel Owner has the sole responsibility for the caretaking and security of and at the Vessel, including the responsibility to insure the Vessel in accordance with this Agreement. Any independent or caretaker or mechanic working on a vessel (other than Vessel Owner) must register with the Dockmaster and provide copies of the business license and proof of their business insurance policy. 13) Indemnification. Vessel Owner agrees to indemnify, save, and hold harmless BBCRA, its agents and its employees for any and all liability, claim, demand, suit, loss, cost, expense, or damage,which may be asserted, claimed or recovered against or from BBCRA, its agents, and its employees by reason of any property damage or personal injury, including death, sustained by any person whomsoever,which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to Vessel Owner's negligent or wrongful conduct, faulty equipment (including equipment installation and removal), use of BBCRA's dockage facilities, or use of BBCRA's property pursuant to this Agreement, as well as from any and all acts or omissions of Vessel Owner, his/her crew, guests, invitees, or agents. The Vessel Owner's obligation for such indemnification shall include all reasonable defense costs including attorneys' fees and attorneys' fees at the appellate level. This paragraph shall not be construed to require Vessel Owner to indemnify BBCRA for its own negligence, or intentional acts of BBCRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 14) Compliance with Rules, Regulations, and Policies. Vessel Owner agrees to obey and abide by all state, federal, and local laws and ordinances, including the Boynton Harbor Marina Rules and Regulations Governing Dockage, attached hereto as Exhibit A, except that Vessel Owner and any passengers may stay overnight on the Vessel. For purposes of the Boynton Harbor Marina Rules and Regulations Governing Dockage, the term "Lessee" shall include Vessel Owner. In addition, Vessel Owner agrees to comply with all requests or orders of the Dockmaster concerning dockage, fueling, connection to utilities, or any other matter pertaining to dockage or use of the dock or Boynton Harbor Marina. Vessel Owner shall use the Dock Space and keep the Vessel in such a manner as to avoid interfering with the normal operations of the Boynton Harbor Marina. 15) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements,understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of 00863977-1 100863977-11 3 this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 16) Interpretation. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing parry shall be entitled to reasonable attorney fees, expenses, and costs of appeal and necessary disbursements in addition to any other relief to which it may be entitled. 17) Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Parry is advised to seek independent legal advice in connection with the matters referenced herein. 18) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted j ointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 19) Governing Law,Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 20) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. In the event any of part of this Agreement shall be held to be invalid, this Agreement shall be interpreted as if such invalid part were not contained herein. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on the dates indicated below. 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U) R c� m Q r R L N r V r O Q 1 I, AGENCYB E AC H C R A COMMUNITY REDEVELOPMENT ADVISORY BOARD ITEM B.1. NEW BUSINESS SUBJECT: Consideration of Registration and Travel Expenses to Attend the Florida Redevelopment Association 2019 Annual Conference on October 16-18, 2019 in Tampa, Florida SUMMARY: The Florida Redevelopment Association (FRA)Annual Conference will be held on October 16- 18, 2019 at the Hilton Downtown Tampa in Tampa, Florida. The deadline to register is October 9, 2019 (Attachment 1). The FRA is our agency's statewide professional organization under the Florida League of Cities. The conference always provides great information to staff and board members on CRA related issues, best practices, programs and legislative updates (Attachment 11). The CRA Board established a policy during fiscal year 2016-2017 that only two members of the CRAAB are permitted to attend the FRAAnnual Conference. FISCAL IMPACT: FY 2018-2019 Budget, General Fund, Line Item 01-51010-225 ATTACHMENTS: Description D Attachment I - FRA Registration Form D Attachment II -Tentative Program Schedule Florida Redevelopment Association REDNE[OPMENT October 16-18, 2019 dk.IJWORKZS Hilton Tampa Downtown If you are paying by check, send this completed form with payment to FRA Annual Conference, P.O. Box 1757, Tallahassee, Florida, 32302-1757 or email to Heidi Hogarth at hhogarthp_flcities.com. If you are paying via credit card (Visa or MasterCard), please register online with the following link: https://re development.net/2019- annual-conference/. Please complete this form for each registrant. Registration deadline is October 9, 2019. Onsite registrations are accepted on a"space available" basis. Cancellations must be made in writing by October 1, 2019 to receive a refund and will be subject to a $50 processing fee per person. Full Name: Nickname (for badge): Title: Organization: Mailing Address: City: State: Zip: Phone: Email: Guest" (if purchasing): Nickname (for badge): REGISTRATION TYPE (see notes page 2) MEMBER NON-MEMBER SUB-TOTALS Full Registration $395.00 $495.00 One Day Registration (Wednesday or Thursday) (circle one) $325.00 $375.00 CRA Boot Camp Weds 8:00 am $50.00 $50.00 CRA session* Fri 8:00 am $50.00 $50.00 CRA session* Fri 9:30 am $50.00 $50.00 **Guest/Spouse - see notes $315.00 $345.00 MOBILE TOURS (see details below) Mobile Tour: Ybor City CRAs: Weds 8:00 am $50.00 $50.00 Mobile Tour: Tampa Downtown Partnership: Weds 8:00 am $50.00 $50.00 Mobile Tour: West Tampa/Drew Park CRAs: Weds 2:15 pm $50.00 $50.00 Mobile Tour: Downtown/Channel/Central/Heights CRAs: Thurs $50.00 $50.00 2:15 pm Mobile Tour: Armature Works Tour and Lunch: Fri 11:15 am $50.00 $50.00 *if not signed up for full registration GRAND TOTAL $ $ $ see next page for notes 1 Florida Redevelopment Association TEDNERMIK October 16-18, 2019 kI .IWORMS Hilton Tampa Downtown ADDITIONAL CONFERENCE REGISTRATION NOTES Member rate: FRA dues must be paid prior to the conference to receive the member discount. Indicate ""member" rate if you intend to pay the FRA dues for 2019-20. Online payments for dues will be NOT be available until after September 1. However, once you pay online you will receive a receipt. Who is a member? The government, business or other entity pays the dues to FRA for all their staff, board and anyone who represents them. So, if your entity paid its FRA dues, you are a member. All the mobile tours on Wednesday, October 16, Thursday, October 17 and Friday, October 18 and the CRA Boot Camp on Wednesday, October 16 require a separate payment of $50.00. CRA Legal/Ethics Sessions on Friday, October 18: If you are registered for Friday, you do not need to register for these sessions. However, please register/pay for those sessions if you are just coming in for that purpose. There will be AICP, IEDC and FL Bar credits of 1.5 hours legal (for each of three courses) or ethics (for one course) available. Extra Tickets: Email Heidi Hogarth at hhogarth@flcities.com to purchase for any ticketed function. Special Needs: If you have special physical needs, or a dietary preference, please let us know on the registration form. **GUEST registrations are available for spouses, partners or non-professional relations. Full registrations include all events and all meals. One-day registrations include workshops and meal functions on that day only. Please visit www.redevelopment.net for all conference information. Or contact Heidi Hogarth at 850-701-3605, h hociar (a)flcities.co m, with any registration questions. 2 Florida Redevelopment Association KDEVILOPMENT October 16-18, 2019 Hilton Tampa Downtown ORKS www.redeveloDment.netI PRELIMINARY PROGRAM WEDNESDAY 7:00 AM REGISTRATION OPENS 8:00 AM DOWNTOWN PARTNERSHIP TOUR YBOR WALKING TOUR CRA BOOT CAMP LUNCH (EXHIBIT HALL) 12:45 PM KEYNOTE: LENORA BILLINGS-HARRIS "LEVERAGING DIVERSITY" 1:45 PM WEST TAMPA TOUR ENGAGING THE UNDERSERVED COMMUNITY BREAK (EXHIBIT HALL) 3:30 PM WEST TAMPA TOUR (cont'd) KEYNOTE: MATTHEW PERRY "INCREMENTAL DEVELOPMENT" BREAK IN EXHIBIT HALL 4:45 PM FRA ACADEMY OVERVIEW CRA ROLE IN RESILIENCY 6:00 - 7:30 PM RECEPTION IN EXHIBIT HALL Florida Redevelopment Association KDEVILOPMENT October 16-18, 2019 Hilton Tampa Downtown ORKS www.redeveloDment.netI THURSDAY 7:00 AM BREAKFAST IN EXHIBIT HALL 8:30 AM CITY COUNTY AGREEMENTS FILLING VACANT STOREFRONTS BREAK (EXHIBIT HALL) 9:45 AM WATER STREET CASE STUDY STORM REDEVELOPMENT BREAK (EXHIBIT HALL) 11:00 PM BROWNFIELDS PLUG INTO FEDERAL CRA PROGRAMS LUNCH (EXHIBIT HALL) 1:15 PM KEYNOTE: CHUCK MAROHN "STRONGEST TOWNS" 2:15 PM FOUR TAMPA CRAS TOUR PLENARY "TAKE ON TAMPA TRANSPORTATION" LAND USE BASICS BREAK 4:00 PM FOUR TAMPA CRAS TOUR (cont'd) FILLING THE GAPS CRAS PRESENT PROJECTS FOR FUNDING 6:30 - 9:00 PM AWARDS AND GRADUATION CEREMONY Florida Redevelopment Association October 16-18, 2019 IRINVILOPMINT Hilton Tampa Downtown iWORK www.redevelogment.net FRIDAY 7:00 AM BREAKFAST 7:45 AM FRA BUSINESS MEETING 8:00 AM ETHICS ISSUES (1.5 CM/IEDC/FL BAR Credits) CRA REPORTING (1.5 CM/IEDC/FL BAR Legal Credits) 9:30 AM CRA LEGAL ISSUES (1.5 CM/IEDC/FL BAR Credits) CRA AUDIT RULES (1.5 CM/IEDC/FL BAR Legal Credits) 11:00 AM ARMATURE WORKS MOBILE TOUR AND LUNCH