AGENDA. DATE: November 9, JID Commissioners and Staff

Transcription

1 MICHAEL J. GRELLA Executive Director nletdistrict.org MICHELLE WALLACE Administrative Assistant DATE: November 9, 2018 TO: FROM: SUBJECT: JID Commissioners and Staff AGENDA Michael Grella, Executive Direc~ Meeting Agenda The Regular Monthly Meeting has been scheduled for Wednesday, November 14, 2018 at 7:00 P.M. at the Jupiter Inlet District Administration Building, 400 N. Delaware Blvd., Jupiter, Florida. 1. Call to Order 2. Comments from the Public 3. Approval of Minutes A. October 10, 2018 Regular Meeting 4. Submission of Bills 5. Treasurer's Report A. Approval of October 2018 Treasurer's Report 6. Executive Director's Report 7. Engineer's Report 8. Legal Report 9. Unfinished Business A. AustinBlu Foundation Donation Agreement B. Direct Deposit of Compensation Checks - Staff Recommendation C. Personnel 10. New Business 11. Commissioner Reports 12. Next Meeting Date(s)- December 12, 2018 Regular Meeting 13. Adjournment 400 N. Delaware Blvd., Jupiter, FL (561) (561) (FA)

2 REGULAR BOARD MEETING BOARD OF COMMISSIONERS JUPITER INLET DISTRICT MINUTES October 10, 2018 COMMISSIONERS PRESENT George Gentile, Chairman Thomas Howard, Vice Chairman Michael Martinez COMMISSIONERS ABSENT Patricia Walker, Secretary/Treasurer Kenneth Mays OTHERS PRESENT Michael Grella, Executive Director William Broome, Attorney Kenneth Craig, PE, Taylor Engineering MEMBERS OF THE PUBLIC Gail Whipple; Jimmy and Tina Casto; Grant and Sherry Williams; Patricia Benedetto; Blu Stephanos; Nicole Kalil; Kaitlin Dean (from sign-in sheet on file at office) 1. Call to Order Chairman Gentile called the meeting to order at 7:00 P.M. 2. Comments from Public Mr. Stephanos (AustinBlu Foundation, Inc.) was recognized by Chairman Gentile. He spoke of his desire to have the Jupiter Inlet District accept the memorial statue that has been under discussion as a gift from the Foundation. The Foundation offered that, once donated, it may be able to participate in the cleaning/maintenance of the statue, but as a "small non-profit," it would not be able to take on the liability of indemnifying the District against any event that could happen as a result of the statue's presence on District

3 Jupiter Inlet District October 10, 2018 Regular Meeting Minutes property. Chairman Gentile suggested that Mr. Stephanos' engineer call him directly to talk about the location/placement of the statue, etc. After discussion, it was decided that Mr. Broome would update the agreement to treat the statue as a donation to the District, after permitted and installed under the supervision of an engineer. ACTION ITEMS: Mr. Broome will redraft the agreement and present it to Mr. Stephanos and Mr. Grella for review prior to the next Board meeting. Additionally, Mr. Stephanos was asked to check with the artist as to the potential maintenance of the statue (given the environment of salt air and water in which it will be displayed) and Staff was asked to follow up with Palm Beach County Parks and Recreation as to whether they could take on the task of cleaning/caring for the statue. 3. Approval of Minutes A. September 12, Tentative Budget Hearing B. September 12, Regular Meeting Minutes C. September 19, Final Budget Hearing Chairman Gentile called for a MOTION to approve the September 12, 2018 Tentative Budget Hearing Minutes, the September 12, 2018 Regular Meeting Minutes and the September 19, 2018 Final Budget Hearing Minutes. Commissioner Howard so MOVED and Commissioner Martinez SECONDED. Chairman Gentile called for discussion or changes; there being none, the MOTION CARRIED unanimously. 4. Submission of Bills Staff recommended approval. Chairman Gentile entertained a MOTION to approve the Submission of Bills. Commissioner Martinez so MOVED; Commissioner Howard SECONDED. Chairman Gentile called for discussion; there being none, the MOTION CARRIED unanimously

4 Jupiter Inlet District October 10, 2018 Regular Meeting Minutes 5. Treasurer's Report A. Approval of September 2018 Treasurer's Report Staff recommended approval. Chairman Gentile entertained a MOTION to approve the September 2018 Treasurer's Report. Commissioner Martinez so MOVED; Commissioner Howard SECONDED. Chairman Gentile called for discussion; there being none, the MOTION CARRIED unanimously. 6. Executive Director's Report Sims Creek Dredging Project Update Several audience members were in attendance who live on the northwest side of Sims Creek. Mr. Grella stated that initially the dredge template only extended to the boundary of the Sims Creek Community; however, as a result of discussion at the last Board meeting, the template was redrawn to include approximately a half-dozen additional properties beyond the original boundary. Chairman Gentile asked Mr. Craig to provide an update on the plan. Mr. Craig showed a projection of the original template and then pointed out where the new template will terminate. The group who were present said they understood where the new boundary will be. Additionally, Mr. Craig made clear that there is no existing permit for the project and upon completion of amending the dredging application, the project would be submitted to the Florida Department of Environmental Protection (FDEP) for a permit. Mr. Casto raised a question about the silt that comes through the weir/gate on the south side of Indiantown Road and where could he get a copy of such an agreement. Chairman Gentile stated that JID has nothing to do with drainage and if any agreement exists about the gate, it would be with the Town of Jupiter and/or North Palm Beach Heights Water Control District. Additional questions were offered about why the template does not go all the way to Indiantown Road. The response from staff was that any attempt to permit dredging in such an environmentally sensitive (protected mangroves) area would likely hold up permitting of the project indefinitely. That area of the creek is thick with white mangroves, is not navigable and the water was remarkably clear and healthy in appearance (full of fish) the day staff went out to visit the site. Mr. Gentile also stated that improvements to the Town's natural area near the corner of Center Street and Indiantown Road and the Florida Department of Transportation's - 3 -

5 Jupiter Inlet District October 10, 2018 Regular Meeting Minutes (FOOT) detention pond are scheduled for 2020 to improve the quality of run-off into Sims Creek and that JID has committed funding to that project when it is underway. Mr. Casto also stated that he personally has a dredging permit from FDEP for the area behind his property all the way down the creek. He was asked to give a copy of that permit to Mr. Grella. Staff and the Board are very interested in reviewing the parameters of that permit. Mangrove Island Restoration and Moonshine Creek Oxbow Restoration Projects Mr. Grella stated that the representative from Ducks Unlimited, Malcom Baldwin, met with Ken Craig in Jacksonville (Taylor Engineering Office) and then him at Jonathan Dickinson State Park. The projected schedule is as follows: On-site survey - September Design, coordinate permits and construction documents - October-November Site review for their pool of Florida Contractors and out to bid - early December Process contracts with a notice to proceed in early February. Prior to the conclusion of this section of Mr. Grella's report, Commissioner Martinez inquired about a small island north of Mangrove Island and east of the bridge. Staff responded that it no longer exists. This led to discussion about the build-up of sand in different areas, which led to Commissioner Howard mentioning a survey done under Robert Cutcher's tenure with JID some time ago, that had a higher density of transect lines in it. Mr. Grella will search our records for the Cutcher survey. He also stated that Dr. Mehta's recommendation was that we do bathymetric surveys of the central embayment every four years and JID has been complying with that recommendation. FIND Waterway Assistance Program (WAP) Grant - Update Mr. Grella stated that following last month's discussion, which was initiated after he was informed by Brightline (Mr. Cegelis) that the project would not be exempt from an Environmental Resource Permit (through SFWMD and anticipated to take six months to a year to obtain), JID will need to re-apply for a Waterway Assistance Program (WAP) Grant because the construction of the project would not be completed before the grant expires September 30,

6 Jupiter Inlet District October 10, 2018 Regular Meeting Minutes Mr. Grella met with FIND staff and discussed keeping the current grant intact to cover JID soft costs incurred during the current grant period and the potential for channel construction that may (or may not) occur prior to the expiration of the current grant. Mr. Grella's recommendation is to keep the current grant intact and apply again for a WAP Grant in January of 2019, which, if approved, would cover½ of the construction cost of the modified span which is expected to be completed prior to September Mr. Grella iterated that "of course there is no guarantee" of approval for the second application, but he felt that JID made a good case for the project in 2016 and that it would be looked upon favorably by the FIND Commission. After extensive discussion, Commissioner Howard stated "for clarification" it is his understanding that JI D's two choices are: (1) Consult with FIND staff and attempt to obtain any reimbursement possible from the current grant for soft costs already expended for the project AND make a new [WAP Grant] application in 2019 for the construction component of the project; or (2) Relinquish the current grant and make new application in Action Item: Mr. Grella will continue to communicate with FIND staff about this and will present recommendations to the JID Commission. 7. Engineer's Report Jetty Observation The week of the next Board meeting Taylor Engineering is planning to come to town with its team to work on a maintenance plan for the Jetty. Railroad Bridge (AAF) Span Modification - In-water Permitting The FDEP permit has been received and approved. Living Shorelines Mr. Craig gave a visual presentation of the design. He pointed out location of seagrasses in the most recent Natural Resources Survey and stated that they can be somewhat flexible in the placement of breakwaters to adjust to seagrass locations when - 5 -

7 Jupiter Inlet District October 10, 2018 Regular Meeting Minutes the project commences. His design incorporated a system of shallow breakwaters and a dock that could accommodate a small boat, along with steps down into the water for educational purposes. Additionally, the slope of the shore at the water would be regraded, if necessary, to ease the existing slope and planted with native plants ' There was extensive discussion about the design, including Commissioner Martinez's remarks about the depth of and location of the breakwater structures; Commissioner Howard's concern that the material and shape of the breakwaters be more "organic" than depicted by the Engineer's conceptual design; and Chairman Gentile's questions regarding potential scarping near the structures. The design was favorably received and the Commissioners restated that the purpose of the living shorelines demonstration project is to encourage property owners to pursue something similar on their own properties, rather than hardened shoreline, and that the agency should stand by that original purpose. 8. Legal Report Mr. Broome had nothing to add to his written report submission. 9. Unfinished Business 10. New Business None. 11. Commissioner Reports/Remarks Commissioner Martinez None. Commissioner Howard None. Commissioner Gentile None. 12. Next Meeting Date(s) - 6 -

8 Jupiter Inlet District October 10, 2018 Regular Meeting Minutes Regular Meeting - November 14, Adjournment There being no further business before the Commission, Chairman Gentile called for a MOTION to Adjourn. Commissioner Martinez so MOVED; Commissioner Howard SECONDED. The MOTION CARRIED unanimously. The meeting was adjourned at 8:05 PM DRAFT UNTIL APPROVED...DRAFT UNTIL APPROVED George G. Gentile, Chairman Thomas L. Howard, Vice Chairman - 7 -

9 ~4~ 3:40 PM Jupiter Inlet District l /06/18 Check Detail ~\ November 1-6, Type Num Date Name Item Account Paid Amount Original Amount DRAFT 11/05/2018 Internal Revenue co Ser... BB&T -3, Bill /02/2018 Social Security Taxes Payroll Liabilities Medicare Taxes Payroll Liabilities Payroll Liabilities -1, , , , /01/2018 IJo, oc.-d BB&T /01/2018 BB&T 0.00 'lv \ Oc.D /01/2018 Michael Grella BB&T -6, V -#r;-::.- Bill /01/2018 Salaries -6, , , , /01/2018 Michelle A Wallace BB&T Bill /01/2018 Salaries -3, , , ,339.92,;..-'( /01/2018 George G. Gentile BB&T 6:) Bill /01/2018 Commissioner Fees /01/2018 Kenneth Mays BB&T / CK) Bill /01/2018 Commissioner Fees /01/2018 Michael A. Martinez BB&T (0 Bill /01/2018 Commissioner Fees /01/2018 Patricia Walker BB&T / (i) Bill /01/2018 Commissioner Fees /01/2018 Thomas L. Howard BB&T Bill /01/2018 Commissioner Fees BIii Pint -Check 1867 AT&T Mobility BB&T ,,, Bill /09/2018 Telephone/Internet Chase Cardmember... BB&T V Bill /24/2018 Membership Dues & S (@) Page 1,./

10 3:40 PM Jupiter Inlet District 11/06/18 Check Detail November 1-6, 2018 Type Num Date Name Item Account Paid Amount Original Amount Computer Software/H Postage & Courier Ser Comcast BB&T / G) Bill /09/2018 Educational Outreach Comcast BB&T Bill /23/2018 Telephone/Internet DE Imagining BB&T ~ Bill AR /17/2018 Office Maintenance C Florida Municipal Ins... BB&T -1, / Bill FH# /01/2018 Insurance-Medical/De... -1, , Dental-Employee/Spa , , Bill Pmt -C heck 1873 Florida Power & Light BB&T Bill /24/2018 Utilities Bill /24/2018 Utilities Great America Finan... BB&T Bill /28/2018 Office Maintenance C Bill /29/2018 Office Maintenance C Judy McKee BB&T _/ Bill /15/2018 Janitorial/Pest Control Bill /16/2018 Janitorial/Pest Control Loxahatchee River D... BB&T Bill /16/2018 Utilities Michelle A Wa ll ace BB&T v Bill Coffee.. 10/15/2018 Office Supplies Bill Office... 10/25/2018 Office Supplies '87 ( ) 1878 New Technology Sol... BB&T / Bill #249 10/19/2018 Computer Software/H Northern PBC Cham... BB&T ~ Page 2 I v'

11 3:40 PM Jupiter Inlet District 11/06/18 Check Detail November 1-6, 2018 Type Num Date Name Item Account Paid Amount Original Amount Bill /09/2018 Membership Dues & S ) 1880 Orange Tree Landsc... BB&T \/ Bill :.. 09/25/2018 Landscape Maintenance Bill /25/2018 Landscape Maintenance Rudling's Pest Control BB&T J Bill /11/2018 Janitorial/Pest Control SoHd Wast. A@ BB&T / Bill /19/2018 Utilities Staples BB&T ~/ Bill /04/2018 Office Supplies Taylor Engineering, I... BB&T -10, Bill /16/2018 Living Shoreline Project -2, ,056.64,. Bill /16/2018 General Engineering -2, , ' Bill /16/2018 Enhanced Clearance ! Bill /16/2018 Maintenance Dredging " Bill /16/2018 Sediment Budget Upd... -4, , / -10, Town of Jupiter Wat... BB&T Bill /05/2018 Utilities Treasure Coast lrrig... BB&T Bill W /29/2018 Landscape Maintenance William R.H. Broome BB&T -2, I Bill /31/2018 Legal Fees -2, , , , Florida Municipal Pe... BB&T -2, ;/ Bill PPE /01/2018 Retirement-Employer -1, , Retirement-Employer Retirement-Employee -1, , , , /,I' Page 3

12 TREASURER'S REPORT AS OF OCTOBER 31, 2018 BB&T - Checking Account Bank balance forward from previous statement - September 30, 2018 Plus Deposits: $ 2,813, Less Checks & Other Withdrawals Cleared : $ (69,540.03) Bank balance at October 31, 2018 Less Outstanding Checks Register balance at October 31, 2018 (see note) $ 2,744, $ 2,744, (5,750.44) $ 2,738, NOTE: Does not include checks dated in November 2018 of $35, for October expenses to be signed at the November 2018 meeting. State Board of Administration FUND A Balance Forward from September 30, 2018 Plus Deposits: Difference in Estimated September Interest Estimated Interest earned October 2018 $ 4,478, , , Total Deposits $ 13, Estimated Balance at October 31, 2018 $ 4,492, $ 4,492, BALANCE $ 7,230, REGISTER BALANCE $ 7,236, BANK BALANCE

13 10:33 AM Jupiter Inlet District 11/07/18 Reconciliation Summary BB&T, Period Ending 10/31/2018 Beginning Balance Cleared Transactions Checks and Payments 38 items Total Cleared Transactions Cleared Balance Uncleared Transactions Checks and Payments - 5 items Total Uncleared Transactions Register Balance as of 10/31/2018 New Transactions Checks and Payments - 30 items Total New Transactions Ending Balance Oct 31, 18-69, , , , , , ,813, ,744, ,738, ,702, Page 1

14 10:33 AM Jupiter Inlet District 11/07/18 Reconciliation Detail BB&T, Period Ending 10/31/2018 Type Date Num Name Cir Amount Balance Beginning Balance Cleared Transactions Checks and Payments - 38 Items 09/01/ /05/ /19/ /01/ /01/ /01/ /01/ /01/ /01/ /01/ /02/ /02/2018 DRAFT 10/02/ /02/ /02/ /02/ /02/ /02/ /02/ /02/ /02/ /02/ /02/ /02/ /02/ /03/ /03/ /03/ /03/ /03/ /03/ /03/ /03/ /03/ /03/ /04/ /04/ /04/ Thomas L. Howard Michelle A Wallace Comcast Michael Grella Dorothy Jacks, CFA,... Michelle A Wallace Michael A. Martinez Thomas L. Howard George G. Gentile Patricia Walker lnwater Research Gr... Internal Revenue Se... William R.H. Broome The Taras Oceanogr... Lidberg Land Survey... American Underwat... Cox Media Group-A... New Technology Sol... Comcast Judy McKee Florida Power & Light AT&T Mobility DE Imagining Rudling's Pest Control Chase Cardmember... Taylor Engineering, I... Florida Municipal Ins... Optum Bank Florida Municipal Pe... Florida Municipal Ins... Florida Association... Palm Beach County... Florida Shore & Bea... Florida Department... ADT Security Kay S. Anderson Florida Department... Town of Jupiter Wat , , , , , , , , , , , , , , , , ,813, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Total Checks and Payments -69, ,540,03 Total Cleared Transactions -69,540,03-69, Cleared Balance -69, ,744, Uncleared Transactions Checks and Payments 5 items 06/06/ /01/ /02/ /02/ /02/ Thomas L. Howard Kenneth Mays Erdman Video Syste... FriendsofJupHerB... Michael Grella -5, , , , Total Checks and Payments -5, , Total Uncleared Transactions -5, , Register Balance as of 10/31/ , ,738, New Transactions Checks and Payments - 30 items 11/01/ Bill Pm! -Check 11/01/ /01/ /01/ /01/ /01/ Michael Grella Michelle A Wallace Patricia Walker Michael A. Martinez Kenneth Mays George G. Gentile -6, , , , , , , , Page

15 10:33 AM Jupiter Inlet District Reconciliation Detail BB&T, Period Ending 10/31/ /07/18 Type Date Num Name Cir Amount Balance 11/01/ /05/ DRAFT Thomas L. Howard Internal Revenue Se... Taylor Engineering, I... Florida Municipal Pe... William R.H. Broome Florida Municipal Ins... Orange Tree Landsc... Great America Fina... Northern PBC Cham... New Technology Sol... Judy McKee Comcast Staples Chase Cardmember... Florida Power & Light Solid Waste Authority AT&T Mobility DE Imagining Comcast Treasure Coast lrrig... Loxahatchee River... Town of Jupiter Wat... Rudling's Pest Control Michelle A Wallace -3, , , , , , , , , , , , , , , , , , , , , , , , , , , , , Total Checks and Payments -35, , Total New Transactions -35, , Ending Balance -110, ,702, Page 2

16 JUPITER INLET DISTRICT EECUTIVE DIRECTOR'S REPORT TO: JID COMMISSIONERS AND STAFF FROM: MICHAEL J. GRELLA, EECUTIVE DIRECTOR~ SUBJECT: EECUTIVE DIRECTOR'S REPORT DATE: NOVEMBER 9, Mangrove Island Restoration and Moonshine Creek Oxbow Restoration Projects There have been no changes in the schedule as reported last month. 2. FIND WAP (Waterway Assistance Program) Grant - Update After reviewing correspondence between FIND Assistant Director, Janet Zimmerman and myself, I again recommend that: 1) We keep the current grant intact to cover JID soft costs incurred during the current grant period, as well as the potential for channel construction that may occur prior to the expiration of the current grant. If we withdraw from the current grant, JID could not collect expenditures to date. a) Should the Board agree, staff would send Ms. Zimmerman a "Status Report" and "Major Cost Modification Request" ("revised cost estimate"). The Major Cost Modification Request to change the existing grant from "construction" to "design/ permitting" would keep us eligible for the part of the current grant that we expect to complete and pay for by end of Sept., 2019, (e.g., design plans, permitting, etc.) under-way now; b) Brightline needs a "signed construction contract by September, 2020" to assure reimbursement for the design and permitting work undertaken. 2) The new application construction grant is to be submitted between January and March of 2019; it would be for construction work that would begin after Oct Sand Trap Dredging I have authorized David Lidberg to proceed with the pre-dredge survey of the Jupiter Inlet sand trap.

17 JUPITER INLET DISTRICT MEMORANDUM TO: JID COMMISSIONERS AND STAFF FROM: MICHAEL J. GRELLA, EECUTIVE DIRECT<~)''-..A SUBJECT: TRANSITION PLAN DATE: NOVEMBER 9, 2018 In August, I was tasked with developing a plan for my retirement from the District. In light of the Commission's transitional state with a new Commissioner coming on board in January, and the commencement of a new fiscal year, I plan to offer a transition plan for the Board's consideration at the January meeting.

18 TAYLOR ENGINEERING, INC ~~ Deltvermg Leadmg-edge Solut10ns General Engineering Jupiter Inlet District Monthly Engineering Report November 2018 Jetty Observation Taylor Engineering staff(ken Craig) plan to perform the monthly jetty condition assessment on November 14, We will report any significant changes from the prior assessment. Main Channel Navigation Aids Modification Taylor Engineering is moving forward with developing a USCG aid to navigation permit application to modify existing channel marker locations and install new channel markers within the main channel. We expect to complete the application and submit to JID for review the week ofnovember 12. Jetty Maintenance Plan Taylor Engineering plans to conduct the field work for this on November 26 & 27, Sediment Budget Update With help from Mr. Grella, we have compiled a comprehensive dredging history table for the inlet. We continue to organize the relevant beach profile, ebb shoal, inlet, and ICWW survey data. Moonshine Creek Oxbow and Mangrove Island Restoration Taylor Engineering continues to coordinate with JID and Ducks Unlimited (DU), as needed. AAF In-Water Permitting We have received the FDEP permit. Federal permit application under review by USACE. Living Shorelines Project Based on comments received during the October Board meeting, Taylor Engineering made minor adjustments to the easternmost breakwater location. Taylor Engineering is coordinating the living shoreline preliminary design with BLM staff. Sims Creek Dredging Project Following direction received from JID staff during the October Board meeting, Taylor Engineering has finalized the preliminary design. We are aiming to complete and submit the permit application within the next 30 days. TAYLOR U(.l~(UUI (.. I ~ (. = Southside Blvd. Suite 310 November 2018 Jacksonville, FL Ph: (904) Fax: (904) Page 1 of 1

19 William R. H. Broome, P.A. Attorney at Law Suite 207 Airport Professional Centre 2465 Mercer A venue West Palm Beach, Florida William R. H. Broome Telephone (56 I) I I bill01williamhroome.nct Facsimile (561) TO: BOARD OF COMMISSIONERS, JUPITER INLET DISTRJCT FROM: WILLIAM R.H. BROOME DATE: November 5, 2018 NOVEMBER LEGAL REPORT Austin Blu Art Piece At your direction, I re-wrote the draft agreement regarding Mr. Stephanos's proposed art piece, as a donation to the District. I have not received a response yet.

20 JUPITER INLET DISTRICT -AUSTINBLU FOUNDATION SCULPTURE DONATION AGREEMENT THIS AGREEMENT is made the date executed by the signing parties, as indicated below, between AustinBlu Foundation, Inc. (the "Foundation"), and Jupiter Inlet District ("District"), a political subdivision of the state of Florida. In consideration of the mutual obligations contained herein, the parties agree as follows: 1. Art Piece To Be Placed. Foundation has requested that District authorize the installation of, and accept donation of, a certain sculpture (the Art Piece) upon property of the District at the Jupiter Inlet, Jupiter, Florida. District is willing to 9rant a license to Foundation to do so, on the conditions and terms set forth in this agreement. 2. Prior Approvals Required. Prior to installation and acceptance of the Art Piece, the Board of Commissioners of the District must approve in writing: A. The design of the Art Piece, including the material of which it is to be constructed, and any inscription or other written material related to it; B. The precise location of the installation of the Art Piece: C. The time and methods of installation; D. Any planned dedication or unv eiling ceremony after installation. 3. Application Items and Information to be Furnished. At the time District approval is requested, Foundation shall furnish plans and specifications for construction of the Art Piece and the manner of its installation, including anchoring methods and devices. The certificate of an engineer shall be furnished confirming that the Art Piece, as finally installed, will comply with all applicable building codes and is likely to withstand wind and other conditions in excess of those likely to be encountered at the installation location. 4. Foundation Responsibilities. A. Foundation is responsible for arranging for, and paying all expenses of, the creation of the Art Piece, application for District approval, plans, specifications, engineer's certification, any required permits, transportation, and installation ette post ihstelletioh meihtehehee, ehy Heeessery. District shall not be required to pay any expenses until the installation is complete. B. After installation, District agrees to assume all responsibility for maintenance and repairs. C. Foundation recognizes that the Jupiter Inlet is a dynamic location, and that conditions may occur in the future which require the Art Piece to be relocated, either temporarily or permanently. Upon mitten 1equest ofthe Disttiet and in the Disttiet's sok dise1etion, Foundation ag1ees to carry out such relocation and to pay all expenses ofthe mo e, ehe ifepplieeble, re ittstellatioh. District will have complete control over, and will bear the expense of, any such relocation. 5. Perpetual Placement. 80 lohg es the tefffls of this egreemeht ere eompliee vtith, the lieehse from the District intends that placement ofthe Art Piece will be perpetual. However, District is under no obligation to guarantee a permanent location and may 1

21 either relocate the Art Piece or donate it to another appropriate entity, including the Town of Jupiter or Palm Beach County. 6. Defattlt. In the event ofdefanlt by Fottnda:tion, the District shall have the xight, aftex 60 days' notice, to xexnove the Axt Piece a:nd dispose ofit a:t the Disttiet's disexetion. +6. Other Conditions. A. Foundation agrees not to damage the site, including its vegetation, beyond what is incidental to the specified use. B. After installation, the Art Piece shall remain the property of Fottndation District. C. Fonnda:tiou agxees to iudeun1ify a:nd hold Disttiet ha:m1less a:gaiust auy ela:im by a:ny thi-rd patty (iuelt1ding any of Fottndation' s employees, agents 01 invitees) fox peisoual injnxy 01 dama:ge to p10pe1ty 8. Miscellaneous. This agreement represents the entire agreement of the parties. There are no oral understandings or side agreements not set forth in this contract. Any subsequent cancellations, or modifications, must be in writing, signed by the party to be charged. Venue of any enforcement action shall be in Palm Beach County, Florida. Notices shall be in writing, delivered or mailed by first class U.S. mail, to the address for each party shown below, or such other address as a party may, by notice, provide. Date: JUPITER INLET DISTRICT Witness Witness By. Michael J. Grella, Executive Director 400 Delaware Blvd. Jupiter, FL Date: AUSTINBLU FOUNDATION, INC. By. Witness 638 North US Highway Tequesta, FL Witness Approved as to form and sufficiency: Date 2

22 William R.H. Broome Attorney for District 3

23 Inwater Research Group, Inc. A 501(c)(3) nonprofit organization c?rz-:j Jupiter Inlet District 400 N. Delaware Blvd Jupiter, FL October 28, 2018 Dear Jupiter Inlet District Commissioners, Thank you for supporting lnwater Research Groups's effort to monitor the sea turtles within Jupiter Inlet. Along with our partners at Palm Beach County Department of Environmental Protection and the National Save the Sea Turtle Foundation, we are excited to investigate how sea turtles utilize these local waters. We expect our efforts to start in the spring when environmental conditions and water clarity are optimum for surveying and capturing turtles. We will provide updates to district staff as the project progresses. Sincerely, If ~=------) Cody Mott Biologist :nwater Research Group Inc. i160 NE Hyline Drive Phone: (772) rensen Beach, FL 34957