INSTRUCTIONS FOR COMPLETING THE BAREFOOT BEACH RESORT BOAT SLIP ASSIGNMENT FORMS: Buyers and Agents, This Barefoot Beach Resort (BBR) Boat Slip Assignment is located within the Submerged Land Lease (SLL) held by the Barefoot Beach Resort Condominium Association. As such there are SSL fees/taxes collected at the time of the assignment to be paid to the Boat Slip Association in accordance with Florida Submerged Land Lease requirements. In addition to the SSL fees/taxes (see detail in Exhibit C ), agents should ensure closing documents include two months of Boat Slip Association maintenance fees. Check with the BBR Boat Slip Association Manager, Linda Pisano, for the current fee. When a boat slip assignment is sold along with a BBR condo, it is mandatory that the condo and slip are each assigned a value. In doing so, you provide an amount of the boat slip assignment to be taxed. It is up to the Seller and Buyer to negotiate a value on the boat slip. The Association has no role in assigning value. It is important to note that the State of Florida will not recognize unrealistic valuation and will come back to the Buyer if the amount is too low. SSL fees/taxes and Boat Slip Association maintenance fee payments must be sent to the Barefoot Beach Resort of Indian Shores Boat Slip Association. Please coordinate payment with: Linda Pisano, Associa Gulf Coast, Inc. BBR Condo Association Manager and Boat Slip Association Manager 9887 Fourth Street North, Suite 301 St. Petersburg, FL 33702 (727) 577-2200, (727) 417-8039 cell, (727) 497-2423 work, (727) 576-9605 fax lpisano@associagulfcoast.com Specific Page Instructions: BBR Boat Slip Assignment User (Buyer) complete Pages 1, 2, 5 and 10 (Exhibit C ) User (Buyer) name and Unit # required on Page 1 User (Buyer) signs Page 5 in the presence of a Notary Deliver or mail original Signed/Notarized form to Linda Pisano, BBR Association Manager User (Buyer) is responsible for getting the Assignment recorded in Pinellas County, Florida (originals required by the County) BBR Boat Slip Assignment Assignor (Seller) completes Pages 1, 4 Assignor (Seller) name and Unit # required on Page 1 Assignor (Seller) signs Page 4 in the presence of a Notary Deliver or mail original Signed/Notarized form to Linda Pisano, BBR Association Manager BBR Condo Association completes Page 6 BBR Condo Association Board Member signs Page 6 in the presence of a notary Deliver or mail original Signed/Notarized form to Linda Pisano, BBR Association Manager
BAREFOOT BEACH RESORT OF INDIAN SHORES BOAT SLIP ASSOCIATION BOAT SLIP ASSIGNMENT This Boat Slip Assignment ( Assignment ) is made this day, 20, by and between, Unit #, a member of the Barefoot Beach Resort of Indian Shores Boat Slip Association, Inc., a Florida not-for-profit corporation whose address is 9887 Fourth Street North, Suite 301, St. Petersburg, Florida 33702 ( Assignor ) and whose Barefoot Beach Resort Condo address is 19417 Gulf Blvd, Unit #, Indian Shores, Florida 33785 ( User ). RECITALS: WHEREAS, Barefoot Beach Resort of Indian Shores Condominium Association, Inc., a Florida notfor-profit corporation, (the Association ) has obtained the right to use and occupy the land lying under the Boat Slips by way of a Sovereignty Submerged Land Lease from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ( Lease ). The exclusive right to use the Boat Slips shall be assigned in accordance with the provisions of the Lease. Typically, a submerged land lease is granted by the State of Florida for an initial period of five (5) years, and may be renewed thereafter subject to compliance with the submerged land lease (including payment of leases amounts) and applicable law; and WHEREAS, User is the owner of Condominium Unit, Barefoot Beach Resort of Indian Shores, a Condominium, and desires to purchase the right to be the exclusive User of Boat Slip Number as depicted upon Exhibit A attached hereto and to be the exclusive User of the Boat Slip in accordance with the terms and provisions of the Lease, the Declaration of Condominium for Barefoot Beach Resort of Indian Shores, (the Declaration ) and the Assignor s Articles of Incorporation, By- Laws and Boat Slip Rules and to assume all rights, liabilities and duties of Assignor; NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Purchase of Exclusive Right of Use. In consideration of the sum of $ ( Purchase Price ), User hereby purchases and Assignor hereby sells to User the right to be the exclusive User of that certain Boat Slip identified as Boat Slip Number (the Right of Use ) in accordance with and subject to the terms and conditions of this Agreement, the Lease, the Declaration, the Assignor s Articles of Incorporation, By-Laws and Boat Slip Rules, including the obligation to pay to the Assignor maintenance fees and assessments all as provided for in this agreement and Assignor s Articles of Incorporation, By-Laws and Boat Slip Rules and adopted from time to time by the Assignor. The initial rules governing use of the Boat Slips are attached hereto as Exhibit B. User shall pay all official fees and costs related this Assignment including any sales tax in the amount of.42% of the purchase price, the submerged land use the in the amount of 6% of the Purchase Price and such other taxes required by the state of Florida in connection with this assignment of exclusive Right of Use. 1
2. Assignment. Assignor does hereby grant, convey and assigned to User the exclusive right to use Boat Slip Number depicted upon Exhibit A. A Boat Slip means the water between the finger piers or pilings depicted on Exhibit A together with the use of adjacent piers and pilings necessary or appropriate to such use. User, and the successors and assigns of User shall have the exclusive right to use the Boat Slip during all the remainder of the term of the Lease and any renewals thereof. 3. Conditions and Restrictions. The Right of Use granted hereunder shall, at all times, be subject to certain conditions and restrictions including but not limited to the following: User must, at all times during the terms of this Agreement, be a member of the Association. The User s Right of Use may be sold, transferred or assigned separate from transfer of ownership of a Condominium Unit, provided that User may only assign this Agreement or otherwise sell, convey or transfer User s Right of Use to another owner or owners of a Condominium Unit in Barefoot Beach Resort of Indian Shores, a Condominium. User may not otherwise assign, in whole or part, nor sublease, any or all of the right of use herein assigned. The Assignor MUST approve this assignment AND such approval will not be granted until the User submits 6% of the Boat Slip assignment value to the Assignor. The Assignor will remit this fee to the State of Florida for fees due as required by the Sovereignty Submerged Lands Lease. Failure to obtain Assignor approval and to remit the 6% fee to the Assignor for submerged lands lease fees due to the State of Florida will make the transfer null and void. In the event User shall no longer be an owner of a Condominium Unit, then in such event User shall continue be bound by all the terms and conditions hereof but shall be prohibited from allowing the use of the Boat Slip by any person other than another owner of a Condominium Unit in Barefoot Beach Resort of Indian Shores, a Condominium. 4. Notices. Any notices permitted or required under this Agreement shall be deemed to have been delivered if deposited, in writing, in the United States mail, postage prepaid, certified or registered mail, return-receipt requested, addressed to Assignor or User as appropriate, at name and address above. 5. Insurance. At the time of the signing of this Agreement, User shall show proof of liability insurance in such amounts as may be determined from time to time by Assignor. User shall continue in force such general liability insurance against any and all claims for injuries to persons or property occurring in, upon or about the User s boat during the term of this Agreement, and there shall be delivered to the Assignor, upon request, customary certificates evidencing such insurance. Only boats in good condition and under their own power shall be allowed in the Boat Slip. User is responsible for any damages, excepting normal wear and tear, caused by User or those under the responsibility of User to slips, docks, piers, lifts and other facilities comprising the Marina. 6. Liability. The use of the Boat Slip dock facilities is at the sole risk of User. The Assignor shall not be liable for care or protection of any boat (including gear, equipment or contents) or for any loss or damage of whatever kind or nature to any boat or equipment or content, whether due to the sole negligence of the Assignor or otherwise. The User indemnifies and holds the Assignor harmless against any loss, damage or liability, including without limitation, attorneys' fees and costs through appear, resulting from or occurring by reason of the use of the slip or any of the Assignor s facilities or arising directly or indirectly out of such use. 2
7. Emergency Provisions. User agrees that in the event of an emergency (sinking, leaking, bad lines, storm and other acts of nature, etc.) during the absence of User, the Assignor is authorized (but shall have no obligation) to enter any boat and/or move any boat from the leased slip to another mooring and/or to make necessary repairs, which repairs will be made as economically as the Assignor deems feasible under the circumstances, which repairs will be charged to User, and reimbursed to the Assignor upon demand. 8. Hazardous Materials. User covenants and agrees to comply with all applicable environmental and other federal, state and local governmental statutes, ordinances, rules and regulations relating to the presence of hazardous substances, hazardous wastes, pollutants or contaminants. User agrees and does hereby indemnify the Assignor and hold it harmless from any loss, damage or expense, including reasonable attorneys' fees and costs and expenses of any appeal which the Assignor may incur or suffer by reason of any claim or liability arising from User s failure to comply with applicable laws and the terms of this paragraph. User specifically covenants and agrees that no hazardous substances, hazardous wastes or waste by-products, pollutants or contaminants shall be dumped in any trash receptacle otherwise, in, on or about the Boat Slip or the Assignor s facilities and that all such substances shall be disposed of by User off site. 9. Expenses. Expenses for maintenance, utilities, replacement and repair, and responsibilities for all of the docks and Boat Slips, shall be borne equally by each User in accordance with the terms of Assignor s By-Laws. Users shall pay a maintenance and reserve fee to the Assignor in an amount determined from time to time by the Assignor s Board of Directors. Such fee shall include a pro rata portion of the Sovereignty Submerged Land Lease fees and charges. Exclusive use of an individual Boat Slip may be transferred separate from transfer of ownership of a condominium unit, but only to a Condominium Unit Owner. The Assignor shall handle determination of the amount of the charges, collection and enforcement of said charges in the same manner as a common expense among the Condominium Unit Owners having the exclusive right to use the Boat Slips. Notwithstanding the foregoing, electricity to the Boat Slips may be separately metered and each Condominium Unit Owner with the exclusive right to use a Boat Slip to which electricity is provided shall be individually responsible for payment of the cost of the electricity to that slip. In addition, Condominium Unit Owners with exclusive right to use the Boat Slips shall carry, at their own expense, such hazard insurance as they may elect. The Assignor shall carry, as a common expense of all Unit Owners, liability insurance for the Boat Slip Marina and the Association shall maintain, as a common expense, the sea wall abutting the submerged lands. Use of the Boat Slips shall be subject to the Boat Slip Rules, which may be adopted from time-to-time by the Assignor. The initial rules are set forth in Exhibit B. If casualty damages any part of the Boat Slip Marina to the extent that such casualty is not covered by insurance, the Condominium Unit Owners or Assignor having the exclusive right to use the Boat Slips so damaged shall reconstruct or repair the portion of the Boat Slip Marina so damaged. 10. Enforcement. The Assignor and the Association, have the right, without limitation, to enforce the terms and conditions of this Agreement, including the right to seek specific performance hereof. If User or its successors and assigns shall fail to timely pay any and all assessments and special assessments pertaining to the Boat Slip then in such event the Right of Use shall be null and void at the option of Assignor the Right of Use pertaining to the Boat Slip shall revert to the Assignor. 3
11. Parties Bound. Each party hereto (User, Assignor, and the Association) shall be bound by all subleases or assignment of exclusive right of use of Boat Slips made by this assignment. The Association shall take all actions reasonably required to maintain the submerged lands lease and subleases in effect in perpetuity. IN WITNESS WHEREOF, the Assignor and the User have executed this Assignment of Boat Slip as of this day of, 20. WITNESSES: ASSIGNOR: Barefoot Beach Resort of Indian Shores Boat Slip Association, Inc. Printed Name of witness as to Assignor BY: Assignor Printed Name: _ Printed Name of witness as to Assignor STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, personally appeared, the of Barefoot Beach Resort of Indian Shores Boat Slip Association, Inc., who is personally known to me or who produced, as identification, to be the person described in and who executed this Assignment of Boat Slip, as Assignor, and acknowledged to me that he/she executed such instrument for the purpose therein expressed. WITNESS my hand and official seal, this day of, 20. My Commission Expires: NOTARY PUBLIC 4
WITNESSES: USER: User Printed Name: Printed Name of Witness as to both User Printed Name: Printed Name of Witness as to both STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, personally appeared and who are personally known to me or who produced and, respectively, as identification, to be the persons described in and who executed this foregoing Assignment of Boat Slip, as User, and acknowledged to me that they executed such instrument for the purpose therein expressed. WITNESS my hand and official seal, this day of, 20. My Commission Expires: NOTARY PUBLIC 5
CONSENT OF BAREFOOT BEACH RESORT OF INDIAN SHORES CONDOMINIUM ASSOCIATION, INC. Barefoot Beach Resort of Indian Shores Condominium Association, Inc., consents to the assignment and transfer of the exclusive right of use including all of the terms and conditions thereof. WITNESSES: Barefoot Beach Resort of Indian Shores Condominium Association, Inc. Printed Name of witness BY: Printed Name: _ Its: Printed Name of witness STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, personally appeared, the of Barefoot Beach Resort of Indian Shores Condominium Association, Inc., who is personally known to me or who produced, as identification, to be the person described in and who executed this Consent and acknowledged to me that he/she executed such instrument for the purpose therein expressed. WITNESS my hand and official seal, this day of, 20. My Commission Expires: NOTARY PUBLIC 6
Exhibit A Graphic Depiction of Docks 7
Exhibit B BAREFOOT BEACH RESORT OF INDIAN SHORES BOAT SLIP ASSOCIATION Boat Slip Rules A. Only Unit Owners of the Barefoot Beach Resort of Indian Shores, a Condominium or their guests or tenants shall be allowed to use a Boat Slip. B. The Boat Slips shall not be obstructed, littered, defaced or misused in any manner. C. Boat slip users shall not cause or permit anything to be hung, displayed, or posted on the Boat Slip facilities (or on the boat while in the slip) without written approval of the Board of Directors of the Barefoot Beach Resort Of Indian Shores Condominium Association, Inc. (the Association ). D. No carpet of any type shall be allowed on the docks at any time. Door mat type pads for cleaning shoes and boarding steps shall not be left on docks. E. Boat slip users shall be responsible for any carelessness and consequential damages sustained by the Association for all damage to any portion of the Boat Slip facilities under control of said association, resulting from such slip user carelessness. F. Improvement or alterations to the boat slips shall be done only with the written consent of the Board of Directors. No covered facilities shall be installed nor permitted to be constructed at any time. Lift equipment shall be stainless steel or aluminum-painted marine grey in color. Applicable permits must be obtained and all codes must be followed. Only topless (as commonly used or called in the industry) lifts will be allowed e.g. there will be no lifts allowed which have cross bars over the tops of the pilings. G. Boat Slip users shall be responsible to keep their dock area clean, tidy, and orderly at all times. All water hose and power shorelines, if any, shall be stored in a neat and orderly manner. When shore lines are in use they shall be connected in such a way as not to create a hazard. The use of electrical cords and electrical devices other than UL approved is strictly prohibited. H. Cleaning or painting of boat hulls is not permitted at any time at the docks. Only scuba cleaning may be done. I. No combustibles shall be stored on the boat dock or in the Boat Slip area. J. Children under the age of 12 shall not be present in the dock area or be unattended on a boat unless accompanied by an adult (age 16 or older). 8
K. Installation of additional lights of any kind must be done with the prior written consent of the Board of Directors. All codes must be complied with in installation. No high intensity fish lights are allowed. L. Dock boxes are allowed subject to the style and type as specified by the landlord or the Board of Directors of the Association. M. Boat owners shall not berth their boat in a slip assigned to someone else without the prior written approval of that slip user. A copy of such approval shall be given to the Board of Directors before moving the boat. N. Boat Slip users shall be responsible for liability insurance on their Boat Slip area. Any and all boats berthed in a slip shall carry a minimum of $300,000 of liability insurance at all times. Proof of said coverages shall be submitted annually to the Board of Directors. O. Slip users shall be responsible and pay for all separately metered utilities servicing their slips where applicable. P. Fish cleaning of the disposal of fish parts is prohibited in the boat dock area. Crab traps and bait buckets are prohibited on any part of the docks and piers. Q. No wastepaper or debris is to be thrown into the water surrounding the boat docks. All trash must be bagged improperly disposed of. R. Swimming in the area of the docks and Boat Slips is strictly prohibited. The use of lifejackets is strongly recommended for small children and non-swimmers while near the water or aboard a vessel. S. Live aboards are strictly prohibited. 9
Exhibit C Barefoot Beach Resort of Indian Shores Boat Slip Association, Inc. User/Buyer Closing Statement For Boat Slip Assignment of Right of Use Assignor: Barefoot Beach Resort Boat Slip Association User: User Condo # User Mailing Address: User Phone: User Email: Closing Date: Boat Slip # a. Purchase Price of Exclusive Right of Use: $ b. Submerged Land Use Fee (6% of line a): $ c. Sales Tax (7% of line b): $ d. Balance of Boat Slip Association Maintenance Fee for Closing Month: (prorata based off closing date) $ e. Boat Slip Association Maintenance Fee (1 month): $ f. Total due at Closing (sum of lines a-e.): $ Note: Lines b-e (Submerged Land Use Fee, Sales Tax, and Maintenance Fees) must be provided to BBR Boat Slip Association (3 separate checks) at closing. To arrange for payment, contact Linda Pisano, Associa Gulf Coast, Inc., lpisano@associagulfcoast.com, (727) 577-2200 w, (813) 417-8039 c, 9887 Fourth Street North, Suite 301, St. Petersburg, FL 33702 10