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Item C08
M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting October 18, 2017 Agenda Item Number: C.8 Agenda Item Summary #3364 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200 n/a AGENDA ITEM WORDING: Approval of Avigation Easements and Property Owner Noise Insulation Agreements for (19) condo units at Key West By the Sea and (2) Single- Family Homes for the Key West International Airport Noise Insulation Program "pilot" Construction project. All project costs to be funded with pending FAA Grant (90 %) and Passenger Facility Charge #17 (10 %). ITEM BACKGROUND: This agenda item is for the approval of Avigation Easements and Property Owner Noise Insulation Agreements for (19) condo units at Key West By the Sea and two (2) Single - Family Homes, as shown in the attached list, for the Key West International Airport Noise Insulation Program (NIP) Construction at Key West By the Sea (KWBTS) "Pilot Project" Building B, Floors 1 & 2 and Two (2) Single - Family Homes. Under NIP the Airport will design, install or pay for installation of improvements and modifications to reduce interior noise levels generated by exterior aircraft operations for neighboring residents whose homes qualify for the FAA Noise Insulation Program. Qualification is based on the FAA approved 14 CFR Part 150 Noise Compatibility Program and associated Noise Exposure Map and related federal requirements. The Avigation Easements are a BOCC condition of participation in the NIP and all property owners who desire to participate in NIP also enter into the Property Owner agreement. All project costs are contingent upon receipt of a FAA Grant (90 %) and Passenger Facility Charge #17 (10 %). Three bids were received at the bid opening held August 23, 2017, and staff is recommending approval of the low bidder, Kenmar General Contracting, LLC, to proceed with the Pilot Project PREVIOUS RELEVANT BOCC ACTION: April 12, 2017 Approval to advertise for bids; July 19, 2017 Approval to re- advertise for bids and reduce advertising period to 32 days to accommodate FAA grant deadline. September 20, 2017 — concurrent requests 1. Award of bid /contract to lowest bidder Kenmar GC 2. PSO #3 with THC for construction management and administration. CONTRACT /AGREEMENT CHANGES: new agreements STAFF RECOMMENDATION: Approval. DOCUMENTATION: NIP Pilot Project Unit Address List NIP Easement & Owner Agreement unit 101B -106B NIP Easement & Owner Agreement unit 107B -111B NIP Easement & Owner Agreement unit 202B -207B NIP Easement & Owner Agreement unit 208B -211B and 2 Single family homes. FINANCIAL IMPACT: Effective Date: 09/20/2017 Expiration Date: Avigation Easements: In perpetuity. Property Owner Agreements: Until construction is completed. Total Dollar Value of Contract: $ -0- Total Cost to County: N/A Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Beth Leto Completed 09/01/2017 11:30 AM Donald DeGraw Completed 09/01/2017 11:44 AM Pedro Mercado Completed 09/01/2017 1:56 PM Budget and Finance Completed 09/01/2017 2:36 PM Maria Slavik Completed 09/03/2017 3:13 PM Kathy Peters Completed 09/05/2017 10:00 AM Board of County Commissioners Completed 09/20/2017 9:00 AM Board of County Commissioners Pending 09/27/2017 4:00 PM C.B.a Key West International Airport - NIP Pilot Project - 9/20/2017 Key West By the Sea Avigation Easements and Property Owner Noise Insulation Agreements ►1e1 LTA l0 UNIT # or address 1 Phillip N. Miani 101B 2 Rafael Olivares & Hilda Genni - Olivares 102B 3 Stuart M. Dunn, as Trustee of the Stuart M. Dunn Revocable Trust 103B 4 Patricia Sellier 105B 5 Joshua Bartlett & Eva Bartlett 106B 6 Richard E. Smith 107B 7 Robert E. Paul & Martha P. Paul 108B 8 Estate of Ruth S. Dahl 109B 9 Carl M. Herman Revocable Living Trust 110B 10 Dominique Sellier 111B 11 Marie L. Dixon 202B 12 David C. Raum & Helen E. Raum 203B 13 John M. Kuhar & Rita M. Kuhar 204B 14 Leslie W. Eadeh & Ernest C. Eadeh 205B 15 Stefan C. Blache & Jamie L. Blache 207B 16 Bridget Halpin & Raymond Halpin 208B 17 Warren S. Rosenfeld & Dana L. Rosenfeld 209B 18 Thomas Peter Bang- Knudsen 210B 19 Leonard A. Fasano & Camille Fasano 211B Two (2) Single Family Homes Avigation Easements and Property Owner Noise Insulation Agreements 1 Gary L. Haisma 2827 Venetian Drive, Key West, FL 2 Michelle Keevan Halpern Revocable Trust 1717 Jamaica Drive, Key West, FL Prepared � and Return T°�-0 Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this 20 of 20 A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: UNIT 101 GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR616-829 OR935- 1 116 R1034-194511946P1R R1 51- 152111522 OR 2424-2450 also identified as street address "2601 S. Roosevelt Blvd., Unit 101B" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. K I a I y West International Airport NIP — Avigation Easement (Unit #101B) Page 1 of 4 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual aviation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision, This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: UU Signature 0 9 Printed Name Date PROPERTY OWNER: Signature Printed Name Date STATE OF TlOrldQ COUNTY OF — MMMV, 10 JESSICA L STEINBACH MY COMMISSION #FF100068 EXPIRES; may 21, 2017 (407) 398.0153 FloridallolaryService.cnm The f instrument N was acknowledged before me this ZD day of Febayi4 201 a by ilho Miani m I Property Owner Name(s) glary Public Signature My Commission Expires: Pjac 21,201 Key West International Airport NIP — Avigation Easement (Unit #101B) Page 3 of 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: ZZZ 7 4' Key West International Airport NIP - Avigation Easement (Unit #101B) Page 4 of 4 Address: C.8.b Unit No.: B101 Name(s) Miani W IT E S S ETH: Property Owner Noise Insulation Agreement Page 1 of 2S 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. The County agrees to pay for the Program Improvements described in Exhibit Q attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Property Owner Noise Insulation Agreement Page 2 o J'25 7. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: {1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity (3) Refraining from aggressive physical contact and (4) Insuring that all pets are completely secured and contained c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Cha nges to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insulation Agreement Page 3 of 25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12.Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 13. Pro - Existin Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15.1-imitation on Alterations to the PmDertv. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of 25 W. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, well hangings and furniture as necessary. 18. Utilities, The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement Page 6 of 25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20, Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions; a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility t�othe Property Owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement Page 7 of 25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of 25 Property Owner Noise Insulation Agreement Page 9 of 5 Property Owner Noise Insulation Agreement Page 10 of 25 I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Pr operPv Owner Moise Insulation Agreement Page 11 of 25 Property Owner Noise Insulation Agreement Page 12 of 2S statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Pleadings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. W = TNESSES: V� tj ��ature Pririted Name Signalk4ao j J' r ei Printed Name PROPERTY OWNER: a - L - I I 'WIC, Signature I - , Ni (1►0 t\ V kam Printed Name � Date Property Owner Noise Insulation Agreement Page 13 of 25 WITNESSES: Signature Printed Name Signature L Print Name WITNESSES: PROPERTY OWNER: Signature Printed Name Date PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature I Date Printe Name MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Signature Signature Printed Name Printed Name Signature Date Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of , 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature Piopei -ty 0woer Noise losulration Agreemeot _ -. - - Page 14 of 25 PROGRAM POLICY STATEMENTS Un Property Owner Noise Insulation Agreement ................................................................ 9101011"Offiliffam deticient will on rep modifications. a Program as a f to all condominiu se Insulation Program B. Window Sill Renlacernent. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gyps>um board-surraund. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Exhibit -4 - Property Owner Noise Insulation Agreement Page 15 of 25 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. I A 11111111161 .............. I 10 E. Sty mmar%f of Asbestos Testing A ci- - removal of portable "through-wall" AC units and the infilling of openiMs, - ceiling cuts reg ired for installation of the ductless AC, - wall cuts reqL�ired for the installation of the ductless AC, - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, - construction of closet soffit for installation of the ERV. F. Asbestos Abatement: Construction Re Wrements The presence of ACM in the KWBT S buildings will result in several new asbestos abatement requirements for the NIP to include - Construction of containment barriers in all areas (walls, ceilings, closets, .windows1doora),__? p2 imqtely 4 feet from all walls and areas impa ted b - —Abatement and bagging of ACM (resulting from demolition process)_by, certified asbestos abatement staff. "'Air sampr _LDa of containment areas and clearance of all areas by certified - asbestos abatement staff to allow access to containment areas by traditional (non -aba temgntL�yo rkers. - TG will be required to provide executive oversight of all ACM abatement . processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit A - Property Owner Noise Insulation Agreement Page 16 of 25 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: Pr , rte 'Jl Owner Re ants The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to include - To accommodate this construction schedule, property owners will be required to vacate their condominium for a one (1) month period to allow for the efficient completion of the NIP construction. This will provide an array of advantages that will provide the potential for construction efficiencies to include: Exhibit A - Property Owner Noise Insulation Agreement Page 17 of .25 In the event a condominium has excessive furniture and -fuLaLgbiogs, the property owners will be reguired to remove all excQ5qive fUrnhire- and furnishings pLior to NIP construction to provide sufficient space for required asbestos abatement containment areas. H. KWBTS BOARD Authority of Del—n Decisions. The KWBTS Board will have the Authority to make several of the Program design d to include: 1, Acoustical Window and Door Material 2, Acoustical Window and Door Color and Hardware Finishes Exhibit A - Property Owner Noise Insulation Agreement Page 18 of 25 LEGAL DESCRIPTION OF PROPERTY M Property Owner Noise Insulation Agreement UNIT °101 - GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO OR616- 829 OR935-1864/1865 OR1 034-1945/1946P/R OR1 251-1521/1522 OR2424-2450 Exhibit B - Property Owner Noise Insulation Agreement Page 19 of25 PROGRAM IMPROVEMENTS "M Property Owner is Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include 0 Architectural Drawings 0 Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime Door(s) 0 Replacement Aluminum Acoustical Sliding Glass Patio Doods) 9 Ductless Mini-Split Air Conditioning System Modifications and Wall Pilasters 0 Energy Recovery Ventilator (ERV) unit 0 Electrical panel modifications (only if required) Exhibit C - Pr operiay Oivner,'Voise Insulation Agreement Page 0 qf 25 DEFICIENCY HOLD HARMLESS AGREEMENT In Property Owner Noise Insulation Agreement Exhibit D - Property Owner Noise Insulation Agreement Page 2lqf25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. W N r A Sigq re Printed Name Signature 1 00 Printed Name PROPERTY OWNER: 2 M I Signature Printed Name Date WITNESSES: Signature Printed Name Signature Printed Name WITNESSES: Signature Printed Name Signature Printed Name PROPERTY OWNER: Signature Printed Name Date PROPERTY OWNER: Signature Printed Name Date Exhibit D - Property Ownce• Noise Insulation Agreement Page 22 of 2.5 VENTILATION HOLD HARMLESS AGREEMENT AMMIM In Property Owner Noise Insulation Agreement Exhibit E - Property Owner Noise Insidalion Agreement Page 23 of 25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. W IPTTIN E S MS— V, Ln Signature Prinled Name Signature L/ Printed Name PROPERTY OWNER: Signature N Printed Name 01 -7 Date - -IV Exhibit E - Pi Owner• Noise Insulation Aga Page 24 of 25 WITNESSES: PROPERTY OWNER: Signature PrintedNene -------------- — .............................................. — M _____n__________________________________ WITNESSES: PROPERTY OWNER: Signature Printed Name 4, Exhibit E - Pi-opei•ty Owner- Noise Insulation Aul Page 25 of25 Packet Pg. 167 Prepared By and Return To. Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this day of 2011, by "RAFAEL OLIVARES A HILDA GENNI-OLIVARES", hereinafter referred to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows UNIT 102-B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO O8651-423 OR717-900 OR821-71 OR855-866 R6 5- 07063710 OR1898-1383D6C OR1898-138661387 also identified as street address "2601 S. Roosevelt Blvd., Unit 1102113" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOO O a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by bath parties, and in consideration and incorporation into this Aviation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BBC C or its successor in interest as owner and operator of the Airport. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: L k Signature . Printed Name Date STATE OF COUNTY OF PRO Signature : /-1r1-4 T--r A4 , C,1 Ij C - Punted Name -7 A JESSICA L STEINBACH MY COMMISSION #FFIOW68 X: e EXPIRES May 21, 2017 , (407) 398 0153 Florldallotaryservice com The foregoing instrument was acknowledged before me this day of 20)-1 by A P ef - T i- W1 - Property Owner Name(s) My Commission Expires: N6tary Public Signature ----- ------------------ - . . ..................... . ............. . ................... - --------- . .................... . ............. - Key West International Airport NIP - Avigation Easement (Unit #10203) Page 3 of 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF MONROE MAYOR: Signature Printed Name Date The foregoing instrument was acknowledged before me this day of , 20_ by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature ,x Key West International Airport NIP - Avigation Easement (Unit #142B) Page 4 of 4 Address: Key West by the Sea Unit No.: B 102 Name(s): Ofivares PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W IT IN E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property, and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and Property Ojjr• eo Noise Insulation Agreement Page I of 25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. Payment of program I rovements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Property Owner Noise Insulation Agreement Page 2 of 2S 7. Safe Workin Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for {1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives (2) Refraining from verbal abuse or profanity (3) Refraining from aggressive physical contact, and (4) Insuring that all pets are completely secured and contained. 9. Chances to Scene of Work. The Program Manager reserves the right to make changes to the plans and specifications apd the Property Owner Noise Insulation Agreement Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in ' Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12.Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Properi)r Owner Noise Insulation Agreement ; 'X - f -,, ' / Pag�of25 b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s). (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 13. Pre - Existing Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all responsibility liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing Windows, r. I � I j /I Property Owner Noise Insulation Agreement 25 17. Cooperation, As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Properly Owner Noise Insulation Agreement during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20.Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement ftj_ i ' ' Page — 7 of 2S salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29.Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement M to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear" the title to the Property. a. Exhibit A Program Policy Statements. b. Exhibit 13 Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement a. Exhibit E. Ventilation Hold Harmless Agreement 330 General Conditions. a. Fees. Property Owner Noise Insulation Agreement i. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimi aN orl has I Property Owner Noise Insulation Agreement �a kLqj�25 I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Property Owner Noise Insulation Agreement 11 of 25 Property Owner Noise Insulation Agreement a e(:2�q�f 25 P P! statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WITTSES: Signature Printed Narrfe Ak Si lure Printed Name PROP Signature P-A Tik i- t. 44 . 6 - L / L, A Printed Name Date Pt-opet-ty Owner Noise Insulation Agreement Page 13 of 25 Date WITNESSES: MIME= Printed Name MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this — day of 20_ by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public Signature My Commission Expire"r—) i x WrTESSES: Signatu M Property Owner Noise Insulation Agreement A. Air Conditioning; Ge eral Restrictions. While providing a new ductless "mini - split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums: B. Window Sill Replacement. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. I - f f - Exhibit A - Property Ou-nerAroise Insulation Agreement ir- ( " 1 `Page 15 of 25 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E SummaDLof Asbestos Testing & Findings F. Asbestos Abatement: Construct:Ion_R2gMj[2MggLs The presence of ACM in the KWBTS buildings will result in several new asbestos abatement requirements for the NIP to include: - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windowsldoors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. A r Exhibit A - Properh• Owner Noise Insulation Agreemew I f (_ , I '- Page 16 of 2.5 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. Given the cost to provide required asbestos abatement procedures, the FAA will require THC to develop a design and construction plan that minimizes the disturbance of ACM to ensure the minimization of construction costs, duration, and liability to the contractor and KVVBTS property owners. This plan will result in new property owner requirements and design restrictions which are outlined below. G. Asbestos Abatement: Prope The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to Include: To accommodate this construction schedule, property owners will be required to vacate their condominium for a one (1) month period to allow for the efficient completion of the NIP construction. This will provide an array of advantages that will provide the potential for construction efficiencies to include: Exhibit A - Property Owner Noise Insulation Agreement In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings prior to NIP construction to provide sufficient space for required asbestos abatement containment areas. --- ---------- Exhibit A - Property Owner Noise Insulation Agreement Page 18 of 25 to UNIT 102-B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO OR651- 4 3 OR717-900 OR821-71 OR855-866 OR855-870/8710 OR1898-1383D/C OR1898- 1386/1387 Exhibit B - Property Owner Noise Insulation Agreement Page 19 of 25 iv This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. Eyhibif C - Proper y Owner Noise Insulation Agreement Page 20 of 25 W 2. The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner understands that the Deficiencies include any include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Property Owner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either "Minor" or "Severe". 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete Exhibit D - Propertil Owner Noise Insulation Agreement �L� 21 of 25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective 'h'eirs, personal representatives, successors and assigns. . . . . . . . . . . . A I '!T -- 7 Printed Name Printed Name Em WITNESSES: Signature Printed Name Signature Printed Nam PROPERTY OWNER: Signature -4114/ � A11Y1 Printed Name h Date Exhibit D - Piwjoeily Onsier- Noise Insulation Agi-eement Page 22 cif 25 in HMj 3. Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. Exhibit E - Properti• Owner Noise Insulation Agreement 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersign and their respective heirs, personal representatives, successors and assigns. WHIMM PROPI n"N Signature v Printed Name Date Exhibit E - Pi Ownei Noise Insulation Agi Page 24 of 25 WITtfSSES- Signature Printed Ndme "nPture Printed Name PROPE7 OWNER: Signature 4J(L7-)A C---e- I Printed Name p 12 Date —7 WITNESSES: Signature Printed Name Signature Printed Name PROPERTY OWNER: Signature Printed Name Date Exhibil E - Pi Ownei• Noise Insulalion Agreement Page 25 of 25 I�r�ar� y and Return Tie Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd,, Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program 04 1 r1lo THIS EASEMENT AGREEMENT is entered into this 0 hy of by "STUART IN. DUNN, AS TRUSTEE OF THE STUART m. DUNN REVOC: LE TRUST", hereinafter referred to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows; UNIT 103-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR598-133 OR705- 198 OR773-924 OR816-2484/2485 OR1104-148/149 OR1250-2292 OR15 -2093/4T R/MT also identified as street address "2601 S. Roosevelt Blvd., Unit 1031B" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Key West International Airport NIP — Avigation Easement (Unit #103B) Page 1 of 4 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BO CC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Aviation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Agreement is executed as of the date first above written. 4=) PROPERTY W R;l I PROPERTY OWNER: Signature Signature Printed Name/ Printed Name a,, )p 17 Date t Date JESSICA L STEINBACH STATE OF 7 /(J(-) MY COMMISSION #FF100068 COUNTY OF A A o f EXPIRES May 21, 2017 (401) 390.0153 FlorldaftleryServlce.com The foregoing instrument was acknowledged before me this 2 , da of - F-ebV( Q" '1 20 L - 1 by 5 1(.QQ I Property Owner Name(s) ta�, My Commission Expires: ty )o c ( 2 1, ! C) - 7 Key West International Airport NIP — Avigation Easement (Unit #1 035) Page 3 of 4 ; F MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES MAYOR: Signature 02MIMIMM STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _ day of 20 0 I as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate, I Notary Public Signature My Commission Expires: Key West International Airport NIP — Avigation Easement (Unit #1038) Page 4 of 4 Address l e y J by , e ea C.8.b Unit No. B103 Name(s): Dunn PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W I T IN E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport', and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements, and NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows; Property Owner Noise Insulation Agreement Page I of 25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. The County agrees to pay for the Program Improvements described in Exhibit Q attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Propertv Owner Noise Insulation Agreement Page 2 of 25 7. Safe Worki a Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity', (3) Refraining from aggressive physical contact and (4) Insuring that all pets are completely secured and contained. c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insulation Agreement Page 3 of 25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden �s__nditions not readily detectable during normal property inspection procedures. 12, Warranties, The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 13. Pre - Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all resPon �,bmt�yand liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Limitation on Alterations to the Pro arty The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of25 17.Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement Page 6 of 25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20.Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement Page 7 of 2S salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor, Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of 25 Property Owner Noise Insulation Agreement Page 9 of 2S Property Owner Noise Insulation Agreement Page 10 of 25 I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Propeqy Owner lVoise Insulation Agreement Page 11 of Property Owner Noise Insulation Agreement Page 12 of 2S statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in Counter arts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the some instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Printed Name Signature i ea4l- Printed Name - � - b Printed Name 12 Date Pi Ownet Noise Insulation Ap forge 13 of 5 WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date Printe Name WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date Printed N MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Signature Signature Printed Name Printed Name Signature Date STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of by 20 as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: _ Notary Public Signature Pi °operty Owner Norse h7sulatron Agreeniew f Page 14 of 25 PROGRAM POLICY STATEMENTS IRMUM In Property Owner Noise Insulation Agreement A. 8E Air Conditionin L2n2!!!2ffiflS : General Restrictions. While providing a new ductless "mini- - split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums B. Window Sill Ranlacement. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Exhibit A - Property Owner Noise Insulation Agreement Page 15 of 25 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Summary of Asbestos Testin( & Findings F. Asbestos Abatement: Construction Re uii rn nt s The presence of ACM in the MATS buildings will result in several new asbestos abatement requirements for the NIP to Include - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windowsyloors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibi! A - Proper y Owner Noise Insulafion Agreement Page 16 of 25 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: ProDertv Owner Re ir rn ents The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to include - To accommodate this construction schedule, property owners will be required to vacate their condominium for a one (1) month period to allow for the efficient completion of the NIP construction. This will provide an array of advantages that will provide the potential for construction efficiencies to include Exhibit A - .Property Owner Noise Insularion Agreement Page 17 of In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings pfior to NIP construction to provide sufficient space for required asbestos abatement containment areas. H. KWBTS BOARD Authority of Des . n Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1, Acoustical Window and Door Material 2, Acoustical Window and Door Color and Hardware Finishes Exhibit A - Property Owner Noise Insulation Agreement Page 18 of 25 LEGAL DESCRIPTION OF PROPERTY M Property Owner Noise Insulation Agreement UNIT 103-B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO OR598- 133 R7 5 -193 OR773-924 OR816-2484/2485 O81104-148/149 OR1250-2292 R1505- 2093 / 4TR/MT Exhibit 8 -1'r rap erty Owner Noise Insulation Agreement Page 19 of 25 PROGRAM IMPROVEMENTS FAMUMN Um Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include 0 Architectural Drawings 0 Energy Recovery Ventilator (ERV) unit 0 Electrical panel modifications (only if required) Exhibit C - Property Owner Noise Insulation Agreement Page 20 of 25 DEFICIENCY HOLD HARMLESS AGREEMENT us Property Owner Noise Insulation Agreement Exhibit - Property Owner Noise Insulation Agreement Page -21 qf'25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. N Signature OF I Printed Name Signatu?e . ... V Cl/Ch IV ecsr'4 Printed Name PROPERTY QYVNJER: Signature S f� a�� Printed Name oC off' Date WITNESSES: Signature Printed Name Signature Prints-r! Nqmp PROPERTY OWNER: Signature Printed Name Date WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Signature Printed Name Printed Name Date Exhibit D - Progeny Owner• Noise Insulation Agi M� VENTILATION HOLD HARMLESS AGREEMENT AM In Property Owner Noise Insulation Agreement Exhibit E - Property Owner Noise Insulation Agreement Page 23 of 25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assiq_rL5, l ES ffff4j &4.� - ,5igrature _ '—,T >—V - tt4l� -z Printed Name Signature Printed Name PROPER Printed Name Date le If Exhibit E - Property Owne?• Noise Insulation Agreement Page 24 of 25 PROPERTY OWNER: Printed Name EM Exhibit E - Property Owner Noise Insulation Agreement Page 5 ref 2.5 Prepared f and Return To Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, CAA 30096 AVIGATION Key West International Airport Noise Insulation Program A. The Property Owner is the fee simple titleholder to certain real property ("the Property ") located in Munroe County, Florida, more particularly described as follows UNIT 105-B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO 8633 -659 R 67- 6661669 R1149 -1659 R12 - 1824M11- R1544- 1170171 R1616- 7361AFF R1 7 - 331133 R2413- 1734137 R24 3- 166781 OR 2647-2343144 also identified as street ddra a: "2601 S. Roosevelt Blvd., Unit 105B" Federal Aviation Administration ("the FAA") on December 19, 2013, G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BCC. This Easement Agreement is executed as of the date first above written. ........ .... . .............. . ................. . .................. . .................... -- .................. -- ........................ PROPERTY OWNER: PROPERTY OWNER: Signature Signature C- E LL ' S Printed Name 9- a I I -� Emma= Date STATE OF -3EADELCiC�- COUNTY OF JESSICA L STEINBACH MY EXPIR COMMISSION #FF100068 ES May 21, 2017 (407) 398 0153 dallotary!wivice,com Flor En The foregoing instrument was acknowledged before me this 20&y of 2011 P by ...... ....... . ......... ........ .... I Property Owner Name(s) My Commission Expires' Ma (-( 7-1 , -?-(:) I -- I . ... ............ . ................. . ................. . .................. - ................... - ..................... . .................. ................ Key West International Airport NIP - Avigation Easement (Unit #1 055} Page 3 of 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF MONROE A The foregoing instrument was acknowledged before me this day of by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public Signature MAYOR: Signature Printed Name Date My Commission Expires: 20 Key West International Airport NIP — Auigation Easement {Unit #1055} Page 4 of 4 Address: Unit No. B105 Narne(s) Sellier PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITH ES SETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property, and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport, and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager'), and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein, NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement Page I qj 25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida, The Easement remains in full force and effect and is hereby ratified in all respects. 3. Parent of Prerarri Imrvernent, The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Property Owner Noise Insulation Agreement Page 2 of 25 7. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives', (2) Refraining from verbal abuse or profanity, (3) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insulation Agreement Page 3 v(25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden no_nditions not readily detectable during normal property inspection procedures. 12. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 13. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of 25 17. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost tc- the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Property OwneriMoise Insulation Agreement Page 6 of 25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20.Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement Page 7 of 25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29, Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of 2S Property Owner Noise Insulation Agreement Page 9 of 25 Property Owner Noise Insulation Agreement Page 10 of 2S 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Property Owner Noise Insulation Agreement Page I1 of 2 5 Property Owner Noise Insulation Agreement Page 12 of 25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Pleadings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. Si nfure Printed Name Signature Printed Name PROPERTY OWNER: Signature V ' CL � (Z X C- %, c:&- S0` k '-, - e—� Printed Name Date Property Owner Noise Insulation Agreement Page 13 of 25 WITNESSES: PROPERTY OWNER: Signature Signature Date Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of i by 20 as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature � Pi- operty vxer-.Voise h7szticition Ago °eerrment f take 14 ref 25 ( x Signature Printed Name Printed Name Signature Date Printed Name r WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date L Printed Name _ r MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Signature Signature Printed Name Printed Name Signature Date Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of i by 20 as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature � Pi- operty vxer-.Voise h7szticition Ago °eerrment f take 14 ref 25 ( x PROGRAM POLICY STATEMENTS In A. Air Gilsinditioni i : General Restrictions. While providing a new ductless "mini- 8!!L!i2E2jR2aM split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums B. Window Sill Rp-plar-p-ment. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Exhibit A - Property Owner Noise Insulation Agreement Page 15 of 25 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Sum of Asbest Teir� : & Findings F. Asbestos Abatement: Construction Requirements The presence of ACM in the KWBT S buildings will result in several new asbestos abatement requirements for the NIP to include - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windowsldoors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit A - Property Owner Noise Insulation Agreement Page 16 o 25 - The presence of AC IM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: lor rt , Owner Re ir rn ents, The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to include - To accommodate this construction schedule, property owners will be required to vacate their condominium for a one (1) month period to allow for the efficient completion of the NIP construction. This will provide an array of advantages that will provide the potential for construction efficiencies to include* Exhibit A - Property Owner Noise Insidation Agreement Page 17 of25 In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings pLior to NIP construction to provide sufficient space for required asbestos abatement containment areas. H. KWBTS BOARD Authority of Des . n Decisions. The KW TS Board will have the Authority to make several of the Program de; - decisions to include; 1. Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes Exhibit A - Proper y Owner AloiseInsidation Agreement Page 18 of 25 LEGAL DESCRIPTION OF PROPERTY M Property Owner Noise Insulation Agreement UNIT 105-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR633- 659 OR967-6681669 OR1149-1659 OR1239-1824M/L OR1544-1170/71 OR1618- 736/AFF OR1975-331/33 OR2413-1734/37 OR2433-1887R/S OR2647-2343/44 Exhibit B - Property Owner ?glob ve Insulation Agreement Page 19 o 2 PROGRAM IMPROVEMENTS In Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include: Architectural Drawings 0 Energy Recovery Ventilator (ERV) unit 0 Electrical panel modifications (only if required) Exhibit C -- Proper y Owner Aloise Insulation Agreement Pekge 20 oj'25 DEFICIENCY HOLD HARMLESS AGREEMENT In Property Owner Noise Insulation Agreement Exhibit D - Property Owner Noise InsulationAgreenient Page 21 of 25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. WOES " _ 1 , S - Signature -j Printed Name Signature Printed Name WITNESSES: Signature Printed Name Signature Printed Name WITNESSES: Signature Printed Name Signature PROPERTY OWNER: Signature p o' l 9- x C-1 Printed Name 9 Date PROPERTY OWNER: Signature Printed Name Date PROPERTY OWNER: Signature Printed Name Printed Name Date Exhibit D - Pi Owner Noise Insulation Agreement Page 22 of 25 VENTILATION HOLD HARMLESS AGREEMENT In Property Owner Noise Insulation Agreement Exhibit E - Property Owner Noise Insulation Agreement Page 23 N25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Si n ture V Printed Name Signature Printed Name PROPERTY OWNT: ,< Signature ?�— I f Q \ C- Printed Name x /20 I / 1-+ Date Exhibit E - Pi Owner• Noise Insulation Agi-eement Page 24 of 25 WITNESSES: PROPERTY OWNER: BE PROPERTY OWNER: Exhibit E - Pr opertr Owner Noise Insulation Agreement Page 25 oj'25 EPfrqRgLqg_gyf a _qBgd_ERget!ugmrn T Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this)i day of 20a, A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows; UNIT 106-B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO OR629-349 OR799- 2085 OR 816-1540 OR825-13501 52AG OR 926-1588/89 OR926-1590191 R1 -1330 R1 -410 R16 2 -24030 O82530-166/67 OR 2779-2236/37 also identified as street address "2601 S. Roosevelt Blvd., Unit 106B" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). Federal Aviation Administration ("the FAA") on December 19, 2011 G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: The foregoing instrument by ackno I d d before S ge CA (A \ 0 1, Property Owner Name(s) this a day of 202 �s My Commission Expires: Notary Public Signature Key West International Airport NIP — Avigation Easement (Unit #106B) Page 3 of 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Printed Name STATE OF FLORIDA COUNTY OF MONROE Em The foregoing instrument was acknowledged before me this _ day of , 20_ M as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature .... ... ... ....... ... . K . a . y W .. a , a , t I " " " , , , " , , Airport NIP — Avigation Easement (Unit #106E) Page 4 0 f 4 Address: Unit No. B106 Name(s): Bartlett PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W I T IN E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements, and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"), and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein, NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows Property Owner Noise Insulation Agreement Page I of 25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. ------ - ----- --- Property Owner Noise - Insidation Agreement Page 2 o,f 25 7. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for {1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; (2) Refraining from verbal abuse or profanity (3) Refraining from aggressive physical contact, and (4) Insuring that all pets are completely secured and contained. c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Changes to SCODe of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insulation Agreement Page 3 of 25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden o_o_ndifions not readily detectable during normal property inspection procedures. 12. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 13. Pre - Existing Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of25 17. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Proper y Owner Noise Insulation Agreement Page 6 of 25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20.Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property owner for the proper maintenance of interior moisture and humidity levels. Property owner Noise Insulation Agreement Page 7 of 25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of 25 Property Owner Noise Insulation Agreement Page 9 of 25 Property Owner Noise Insulation Agreement Page 10 of 25 I, Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Property Owner Noise Insulation Agreement Page I I of 5 Property Owner Noise Insulation Agreement Page 12 of 2S statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in CounterDarts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Headinas. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. �= Signalure Ak�-\ QA no 11MMIMMM 4 Sig�tn n Printed Name Pi-ovey-ty Ownet Noise Insulation Agy•eenzent Page 13 v(25 I Signatre u n m ux u - Printed Narne ..................... r Ut -a-� � . ......... . - I ) r� --i . ..........................n - WITNESSES: Signature Printed Name Signature Printed Name PROPERTY OWNER: Signature Printed Name Date MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Printed Name STATE OF FLORIDA COUNTY OF MONROE IIIIIIIIIIIE� RM The foregoing instrument was acknowledged before me this — day of by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate, Notary Public Signature Pi-opei-ty Oivnei Noise Insulation Agi My Commission Expires: W PROGRAM POLICY STATEMENTS In Property Owner of Insulation Agreement A. Air Conditionin : General Restrictions. While providing a new ductless "mini- split " AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums modifications. B. Window Sill Renlacement. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Exhibit A - Proper y Owner Noise Insulation Agreement Page 15 of 25 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Summanf of Asbestos Testim & Fin dire g—S F. Asbestos Abatement: ConsEtjr[Mugcjtio�nRe �airernenfs The presence of ACM in the KVVBTS buildings will result in several new asbestos abatement requirements for the NIP to include - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windowsldoors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit A - Property Owner Noise Insulation Agreement Page 16 of - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos A tern rata ro rte Owner Re ui rern ents The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to include: Exhibit A - Property Owner Noise Insulation Agreement Page 17 q In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings pLior to NIP construction to provide sufficient space for required asbestos abatement containment areas. Exhibit A - Property Owner Noise Insulation Agreement Page 18 of 25 0 - LEGAL DESCRIPTION OF PROPERTY M Property Owner Noise Insulation Agreement UNIT 106-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR629- 349 R7 9 -2035 R31 -1540 OR825-1350/52AG OR926-1588/89 R9 6- 1590191 81 44 -1330 R1644 -410 R162 -24030 OR2530-166/67 OR2779-2236137 Exhibit B - Property Owner Noise Insulation Agreement Page 19 of PROGRAM IMPROVEMENTS In Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include 0 Architectural Drawings 0 Energy Recovery Ventilator (ERV) unit 0 Electrical panel modifications (only if required) Exhibit C - Propeqy Owner Noise Insulation Agreement Page 20 of25 DEFICIENCY HOLD HARMLESS AGREEMENT In Property Owner Noise Insulation Agreement Exhibit D - Propeqy Owner Noise Insulation Agreement Page 21 of 25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. S: .0 0 Signature �- Printed Name PROPERTY 0 ER: —17� Printed Name Date Exhibit D - h Orvnei- Noise Insulation Agi Page 22 of 25 VENTILATION HOLD HARMLESS AGREEMENT In Property Owner Noise Insulation Agreement Exhibit E - Property Owner Noise Insulation Agreement Page 23 of 25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. PROPERTY OWNER: Signature Signature d Printed Name Eqx &Ar-�Uf� Printed Name MM Exhibit E - Ini-opei-ty Owner- Noise Insulation Agi-eement Page 24 of 25 Im dig tore i 1 sm PROPERTY OWNER: Trii - Name mm Exhibit E - Property Owner Noise Insulation Agreement Page 25 of 25 EL2 B agr[2q_qy2aB dg_BRget1MuLrB1TEq: Heather P. Faulsert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows; UNIT 107-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR612-171 OR679- 403105 OR747-658159 R7 -236 R76 - 125/36 OR766-1973179 R3 6- 1202103 O8806-2146 R10 -848D/ OR1334-1858D/C OR1340-1047 OR1334-1858D/C R1 9 -65166 R14 9 -67/69 OR2376-2353/2354 also identified as street address: "2601 S. Roosevelt Blvd., Unit 110713" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Key West International Airport NIP —Avigation Easement (Unit #10713) Page 1 of 4 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 6. No prevision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such prevision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Agreement is executed as of the date first above written. by Property Owner Name(s) tar �Public �Si My Commission Expires I'vl 0, l-( 2 1 1 2-01 - 1 Key West International Airport NIP — Avigation Easement (Unit #10713) Page 3 of 4 STATE OF — f E JESSICA L STEINBACH B N ACH My COMMISSION //FF100068 FF 0006s P C OUNTY O F A EXPIRES may 2 1 0 1 2 17 0] (41017) 3WO 153 -ex orn The foregoing instrument was acknowledged before me this day of - abUj0V - U_, 20 by Property Owner Name(s) tar �Public �Si My Commission Expires I'vl 0, l-( 2 1 1 2-01 - 1 Key West International Airport NIP — Avigation Easement (Unit #10713) Page 3 of 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES MAYOR: Printed Name 1 STATE OF FLORIDA COUNTY OF MONROE I= The foregoing instrument was acknowledged before me this _ day of M as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public Signature My Commission Expires: 4 `7 ON Key West International Airport NIP — Avigation Easement {Unit #10713) Page 4 of 4 ess- Ike West th Sea C-8-C Addr y he Sea Unit No. B107 Name(s): Smith PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W I T IN E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"), and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property, and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"), and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein, NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows; Property Owner Noise Insulation Agreement Page 1 of 25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. Pa iment of Pro ram Ire rovements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Property Owner Noise Insulation Agreement Page 2 of 25 TA Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible fore {1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity', (3) Refraining from aggressive physical contact, and (4) Insuring that all pets are completely secured and contained. c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insidation Agreement Page 3 of 25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 13. Pre - Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility end liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of 25 17. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Pr operry Owner Noise bassi ationA Page 6 of'25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20.Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement Page 7 of 25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of25 Property Owner Noise Insulation Agreement Page 9 of 25 Property Owner Noise Insulation Agreement Page 1 0 cif 25 I, Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Property Owner Noise Iraulation Agreement Page 11 N25 Property Owner Noise Insulation Agreement Page 12 of 25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written, r 0.9 signature Printed Name ................................... . ........... ... - - ----------------------- - - Date Pi Ownee Noise Insulation Agr Page 13 of 25 WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date Printed Name WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date P rinted N MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES' MAYOR Signature Signature Printed Name Printed Name Signature Date PROGRAM POLICY STATEMENTS W Property Owner Noise Insulation Agreement A. Air Conditioni General Restrictions. While providing a new ductless "mink split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums B. Window Sill Reolacernent. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Exhibit - Property Owner Noise Insulation Agreemerat Page 15 of 25 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Summary of Asbest2s Testing Firs ire F. Asbestos Abatement: Construction Ran... -----ts The presence of ACM in the KWBTS buildings will result in several new asbestos abatement requirements for the NIP to include - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windowsldoors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit A - Property Owner Noise Insulation Agreement Page 16 of 5 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Aba!eqMmRennt!:LEPfr2Rmfty Owner Rie2gm' ![Emots The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to include - To accommodate this construction schedule, property owners will be required to vacate their condominium for a one (1) month period to allow for the efficient completion of the NIP construction. This will provide an array of advantages that will provide the potential for construction efficiencies to include Exhibit 4 -1'r -peaty - wner Noise Insulation Agreement Page 17 of 5 In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings pLjor to NIP construction to provide sufficient space for required asbestos abatement containment areas. H. KWBTS BOARD Authority of ' De on Decisions. The KWBTS Board will have the 8 Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material 2, Acoustical Window and Door Color and Hardware Finishes Exhibit A - Property Owner Noise Insulation Agreement Page 18 of 25 Exhibit MmUllml UNIT 107 -B GULFSTREAM TOWER OF KEY NEST BY THE SEA A CONDO OR612- 171 OR 679-403/05 R747- 656159 R75 -236 R7 4- 125136 R766- 1973179 OR606- 1202103 R30 -2146 R102 -343 1 R1 34 -13 3D1 OR1340 -1047 OR13 4- 1653 1C OR1429 -65166 R142 -67163 OR2376- 235312354 Exhibit B - Property Owner Noise Insulation Agreement Page 19 of 25 PROGRAM IMPROVEMENTS In Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include 0 Architectural Drawings 0 Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime Door(s) 0 Replacement Aluminum Acoustical Sliding Glass Patio Door(s) 0 Ductless Mini-Split Air Conditioning System Modifications and Wall Pilasters 0 Energy Recovery Ventilator {E V) unit a Electrical panel modifications (only if required) Exhibit C - Property Owner Noise Insulation Agreement Page 20 of 25 DEFICIENCY HOLD HARMLESS AGREEMENT Hn Property Owner Noise Insulation Agreement Exhibit D - Property Owner Noise Insulation Agi-eement Pag e 21 of -15 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Signature V 0. i. Pfinted Name — k-1 Signature ► 'V t Printed Name WITNESSES: Signature Printed Name Signature Printed Name WITNESSES: Signature Printed Name Signature Printed Name PROPERTY OWN - �U � 4 ti Signature Printed Name - 2 j -2 Date PROPERTY OWNER: Signature Printed Name Date PROPERTY OWNER: 1 Signature Printed Name Date Exhibit D - Pi-opey-ty Owner Noise Insulation Agr - eement Page 22 of 25 "M Property Owner Noise Insulation Agreement Exhibit E - Property Owner Noise Insulation Agreement Page 23 of 25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Exhibit E - Property Owner Noise Insulation Agreement Page 24 of 25 PROPERTY OWNER: Printed Name MM WITNESSES: PROPERTY OWNER: Signature Printed Name Signature Printed Name EM Exhibit E - Pi 0wnei Insulation Agi Page 25 o 25 C, f Eretard -9y and Return T�: Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport E Noise Insulation Program THIS EASEMENT AGREEMENT is entered into thi94- ofUX�Q 20_F( 0 by "ROBERT E. PAUL & MARTHA P. PAUL", hereinafter referred to as "th&Oroperty Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and 0 corporate, hereinafter referred to as "BOCC." RECITALS: E A. The Property Owner is the fee simple titleholder to certain real property ("the Property") ul located in Monroe County, Florida, more particularly described as follows C .2 UNIT 108-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR612.171 OR679- > 4031405 OR747-6581659 O8753-236 OR764-1251136 R766- '1973/ 1979 OR799-2086 OR 81 0- 2506251 OR870-1574 OR875-209862099 OR880-234412351C OR880-2353 OR1334-1858)6C 5E OR1340-1048 OR1716-1725126M/T OR1716-1727128 OR2420-518619 OR 2456-1493 Ln also identified as street address "2601 S. Roosevelt Blvd., Unit 108B" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels E 4) at least 5 dB and to bring the average interior noise level below 45 dlE in accordance with L. Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. 0 0 D, The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the E BOCC, acting in its capacity as the owner and operator of the Airport. LU E. The Property Owner desires to participate in the NIP and has entered into a Property Owner R- z Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation E construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 c15 and bring the average interior noise level below 45 KIB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time, Key West International Airport NIP —Avigation Easement (Unit #1088) Page I of 4 but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. K It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt end adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 5. Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorney's fees and costs incurred in connection therewith, including as 0 E LU a .2 LL z Ln LU la la r-- CD r_ r_ 0 E 4) 0 as 0 E 0) 0 CU LU a- z 4) E q Key West International Airport NIP —Avigation Easement (Unit #I 08B) Page 2 of 4 appellate action. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Acreement is executed as of the date first above written. 0 E LU a .2 LL z Ln CD C C 0 E Q 0 0 E 0) 0 CU LU I C.8 „c MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: Signature Printed Name Signature MAYOR: Signature Printed Name Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of 20_ by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature E as O as E as �r LU a d LL z Me so e E r- 0 E Q O E tta IV LU a- z r- 4) E 0 Key West International Airport NIP — Auigation Easement (Unit #1088) Page 4 of 4 Address: - Key West by the Sea Unit No.: B108 Narne(s): Paul PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W I T IN E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements, and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows E 0 E LU a .2 CL Us C) E Q 0 0 E 0) 0 CU LU a- Z E q Property Owner Noise Insulation Agreement Page 1 of25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida, The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. 0 The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the E Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. LU C: 3. Payment of Program Improvemen The County agrees to .2 pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the LL z Contractor. Ln 4. Impeding Co Detitive Bid Process. The Property Owner LU shall not impede or interfere with the Contractor's ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To insure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the CD Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this prevision shall, at the option of the County in its sole discretion, result in disqualification from the Program and E cancellation of this Agreement. Q 5. Construction Contract. The County will award the contract 0) for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the 0 Contractor to complete the Program Improvements within a time period defined by the Program Manager. E 6. Impeding Construction. Once construction of the Program LU Improvements begins, the Property Owner shall not impede construction or a- alter construction schedules. In addition, the Property Owner shall prevent z any and all tenants that may occupy the Property during the construction of C: W the Program improvements from impeding construction or altering E construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. Property Owner Noise Insidation Agar emerat lla�ge 2 of 2 5 7. Safe Working Environment, The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. E a. Throughout all phases of design and construction of the Program 0 Improvements, the Property Owner shall be responsible for: 0) (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any 0 kind and/or explosives; 0 (2) Refraining from verbal abuse or profanity E (3) Refraining from aggressive physical contact', and LU C: .2 (4) Insuring that all pets are -completely secured and contained. b. In the event the Property Owner fails to meet any of the foregoing LL conditions, the Program process may, at the County's discretion, be temporarily Z suspended at any time. In such event, the Program Manager shall notify the Property Ln Owner in writing, stating the corrective actiorks) and/or conditiorks) required to be completed or performed by the Property Owner prior to the County resuming the Program process. c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. E cl. If the Program process is resumed, the Property Owner shall be 4) liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 0 8. Construction During the construction period, the 0 Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall E provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for LU LU completion may reasonably be extended. Construction schedules may also Z be revised if there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors E and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 9. Changes to Scone of Work, The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insulation Agreement Page 3 ot'25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 10,Acceptance of Work. Upon completion of the Program 14 Improvements, the Program Manager shall inspect or cause the inspection 0 of the Program Improvements to determine if they were completed pursuant Q) to the terms of the contract. The Program Manager retains sole discretion 0 and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers and acoustic designs. Q) E The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to LU the identified punch-list items. In addition, the Property Owner is welcome to C: .2 attend the Final Inspection. In the event the Property Owner elects to not CU attend the Substantial Completion and Final Inspections, they release and .2) > surrender their ability to provide input to the Construction Manager with < LL respect to the acceptance of the Program Improvements. In the event there z is a disagreement between the Property Owner and the Program Manager Ln as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County S (representative to be defined before the NIP construction process) within 7 to days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the (a conformance/performance issue and any remedial action that may need to CD be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. E 4) 11.Termination of Aare ment. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed 0 in accordance with the Program. Therefore, if the Property Owner attempts 05 to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the E construction contract, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs caused thereby. LU z 12, Warranties. The County does not represent or warrant the C: level of noise redu_cflon that the Property Owner will experience within the 4) E Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Proper Owner Noise Insulation Agreement Page 4 of 25 C.8 „c work as provided for in Paragraph 9. In addition, the Program Manager will provide the Property Owner with copies of the warranty policies for all products used in the construction of the Program Improvements. The Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. The Property Owner understands that it is solely E responsible for pursuing all future product warranty issues directly with each product 0 manufacturer. b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to 0 coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s). LU (1) The Property Owner's inquiry is not directly related to either a construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one - year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is ° Ln required with respect to construction warranty issues, and the one -year warranty period from the general contractor has expired; LU (3) The Property Owner believes that service is required with M respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and ca CD (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. E Q 13, Pre - Existing Deficiencies The Property Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre - Existing Deficiencies at the Property, whether seen or unseen, 0 Cs 14. Suspension of Program Process The Program process 0) may be temporarily suspended at any time during the design and /or 0) construction phases upon the discovery of Deficiencies due to their potential M impact on the Program Improvements and product warranties. The 0- Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be E liable to the County for any and all damages and all direct and indirect costs due to delay and /or stoppages of the work. 15. Limitation on Alterations to the Property The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of 25 doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the E Program Improvements on the Property. The Property Owner will be liable 0 to the County for all direct and indirect costs associated with unapproved 14 alterations and damages related thereto. 16. Pre A Post Construction Noise Tea1bg _ELg�gM. Pre & 0 post construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level E reduction level at treated properties. If selected by the Program Manager for pre A post construction noise testing, the Property Owner agrees to provide LU access to their property for testing and agrees to not to make alterations to C: .2 the interior of their property (with the exception of repairs of Deficiencies) CU from the time of struction .2) > noise test. In an effort to insure consistent noise data collection, the 4c LL Property Owner also agrees to preserve the interior layout of furniture, floor Z coverings and window treatments from the time of the rare - construction Ln noise test to the post-construction noise test. The Property Owner understands that the failure to adhere to this requirement may result in S corruption of the noise testing data. Therefore, the Property Owner M understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not met. 17. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as 0 light, heat, power and water necessary to carry out the Program Improvements. E 19.Access. At scheduled times and/or upon not less than 0 0 twenty-four (24) hours advance notice, the Property Owner agrees to LU provide to the Program Manager, Contractor, subcontractors, suppliers, a- Z City, County, State and federal inspectors and consultants access to the Property to perform all phases of the Program Improvements, including r_ 0 E property survey, design survey, hazardous material inspection, pre/post 0 M noise testing, pre visit, construction and final inspection phases, The Property Owner agrees to relocate from their condominium for a one jl calendar month period to facilitate a "floor by floor" construction process. The Property Owner agrees not to re-enter their property for any reason Property Owner Noise Insulation Agreement Page 6 of 2 5 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20, Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County, b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. Q) 0 Q) E LU a .2 LL z Ln LU C) E 4) 0 as 0 E 0) 0 CU LU a- z 4) E q Property Owner Noise Insulation Agreement Page 7 of 25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay 0 E LU a .2 LL z Ln CD r- r- 0 E Q 0 0 E 0) 0 IV LU a- z E q Property Owner Noise Insulation Agreement Page 8 of 25 to the County the sum of One Hundred Dollars ($100,00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear" the title to the Property. 32,Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A Program Policy Statements. b. Exhibit B Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E; Ventilation Hold Harmless Agreement 33. General Conditions. a. Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings Q) 0 Q) E LU a .2 LL z Ln C) E Q 0 0 E 0) 0 CU LU a- z W E q Property Owner Noise Insulation Agreemeni Page 9 oj'25 initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding Effect. The terms, covenants, conditions, and provisions of E this Agreement shall bind and inure to the benefit of the County and Property Owner 0) 0 and their respective legal representatives, successors, and assigns. 0) c. S�everabili If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared 0 invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected E thereby and each remaining term, covenant, condition and provision of this Agreement 0 shall be valid and shall be enforceable to the fullest extent permitted by law unless the LU enforcement of the remaining terms, covenants, conditions and provisions of this C: .2 Agreement would prevent the accomplishment of the original intent of this Agreement. d. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. Ln a. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to effect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. gu ests. Fund or f. Acceptance of Gifts, Grants Pe The L_ — _qu ests. County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. 9. Claims for Federal or State Aid, The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and 0 state funds to further the purpose of this Agreement; provided that all applications, 0 requests, grant proposals, and funding solicitations by the Property Owner shall be C: 0) approved by the County prior to submission. E LU h. Adjudication gf Eijs utes gr Qjaqgfg�qmentsa The County and 0- Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. I. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has Progeny Owner Noise Insulation Agreement Page ]Oof25 occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: (1) Title A[ of the Civil Rights Act of 1964 (P.L, 88-352) which prohibits discrimination on the E basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973, 0) 0 as amended (20 U.S.C. s. 794), which prohibits discrimination on the basis of handicap; 14 (3) The Age Discrimination Act of 1975, as amended (42 U.S.C. as. 6101-6107), which prohibits discrimination on the basis of age; (4) The Drug Abuse Office And Treatment Act of 1972 (P.L 92-255), as amended, relating to nondiscrimination on the basis of 0 drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P1. 91-616), as amended, relating to E nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health 0 Service Act of 1912, as. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, Ui relating to confidentiality of alcohol and drug abuse patient records', (7) The Americans .2 With Disabilities Act of 1990 (42 U.S.C. a. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; (8) The Florida Civil Rights > Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), as may be amended from time to time, relating to nondiscrimination; (9) The Monroe 5E County Human Rights Ordinance (Chapter 13, Article VI, Sections 13-101 through 13- Ln 130), as may be amended from time to time, relating to nondiscrimination and (10) any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. j. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or CD breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. k. Books Records and Documents. The County and Property Owner 0 shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives E 0 shall have reasonable and timely access to such records of each other party to this 0 M Ui Agreement for audit purposes during the term of the Agreement and for four years 0- following the termination of this Agreement. 1. Covenant of No Interest. The County and Property Owner E covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this -c Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Property OwnerNfoise Insidettion Agreement Page I1 of 5 as as as as 0 as E as LU a 0 CL Us C) 0 E 0) 0 cu LU 0- q Property Owner Noise Insulation Agreement Page 12 of 25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. W71 ffT� S S E is: 2 j oe signature "��! LCD � � 1G1�>r����• %l P(inted Name M M Date E 0 E LU a .2 LL z Ln CD r- r- 0 E Q 0 0 E 0) 0 cu LU a- z W E q P) Owner JVoise Insulation Agi Page 13 of 2S WITNESSES�: ,,&, - Ir— Signat r _� �a��T la.T7` Pri' Name - 7 RAI - A 4 / � j 4'y 7z7z' Z, PROPERTY q#NER Signature 'Rilk-ecV E Printed Name I Printed Name Signature Printed Name Date PROPERTY OWNER: Signature Printed Name Date ON OE COUNTY BOARD OF COUNTY COMMISSIONERS: STATE OF FLORIDA COUNTY OF MONROE MAYOR Signature Printed Name Date The foregoing instrument was acknowledged before me this _ day of E as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public Signature Property Owner Aloise Insularion Agreement 20 as E as 0 as E Lu a .2 CL Ln C1 E 4) 0 0 E 0) 0 cu Lu 0- as E q HS Property Owner is Insulation Agreement A. Air Condition! General Restrictions. While providing a new ductless "mini- split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums B. Window Sill R2g!g22M2nt. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. as E as as 0 E LU C: .2 LL z Ln CD r- r- 4) E Q 0 0 E 0) 0 CU LU a- z E q Exhibil,4 - Property Owner Noise Insulation Agreement Page 15 of 2 15 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging doors and E Aiding glass patio doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during a hurricane. 0 E. Summary of Asbestos _Tasting _A_Findings E As required by state and federal requirements, THC conducted asbestos testing on a 0 random sample of KWBTS condominiums in Buildings A, B and C. The tests results 0 M LU showed in several areas to include C stucco, window & door caulking, gypsum board compound, and ceiling texture. Given .2 these findings, the proposed NIP scope of work will be directly impacted in several areas to Include LL - window removal and acoustic window installation, z - door removal and acoustic door installation, Ln - removal of portable "through-wall" AC units and the infilling of openings, - ceiling cuts required for installation of the ductless AC, - wall cuts required for the installation of the ductless AC, - construction of vertical wall pilasters required for installation of the ductless AC system & ERA ducts, - construction of closet soffit for installation of the ERV. CD F. Asbestos Abatement: Construction Re_quirements The presence of ACM in the KWBTS buildings will result in several new asbestos E abatement requirements for the NIP to include: Q - Construction of ACM containment barriers in all areas (walls, ceilings, closets, 0) windows/doors), approximately 4 feet from all walls and areas impacted by r_ x the NIP modifications. 0 - Abatement and bagging of ACM (resulting from demolition process) by E certified asbestos abatement staff. LU a- - Air sampling of containment areas and clearance of all areas by certified z asbestos abatement staff to allow access to containment areas by traditional C (non-abatement) workers. W E - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibi, A -- Propero Ovvner, Insulation Agreement Page 16 of 2.5 The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. E Given the cost to provide required asbestos abatement procedures, the FAA will require THC to develop a design and construction plan that minimizes the disturbance of ACM to ensure the minimization of construction costs, duration, and liability to the contractor and KWBTS property owners. This plan will result in new property owner requirements and design restrictions which 0 are outlined below. E G. Asbestos Abatement: r2 arty wn r q�oirer�ernts� The presence of ACM in the KWBTS buildings will result in several new property owner LU requirements to include: a .2 - Given these new safety and construction crew sequencing challenges, NIP > construction will be accomplished using a "total building floor" method, where < LL a total floor area (Buildings A & B) or half-floor area (Building C) will be closed Z and vacated for an estimated one (1} calendar -month period. Due to federal Ln bidding regulations, the final NIP construction schedule for Building B will not be developed until Monroe County awards the construction contract to the S lowest, responsible bidding general contractor. - To accommodate this construction schedule, property owners will be required to vacate their condominium for a one (1) month period to allow for the CD efficient completion of the NIP construction. This will provide an array of advantages that will provide the potential for construction efficiencies to include: E • streamlined asbestos abatement procedures Q • maximized level of construction safety and property owner protection • minimized level of disturbance & disruption to all property owners • simplification of building walkway egress issues during abatement 0 • high flexibility for the sequencing of construction and crews • potential for extended working hours • simplification of construction inspections E LU Prior to the start of NIP construction, property owners will be required to 0- remove all window and door treatments, wall hangings, and custom built-ins 5E (including but not limited to furniture, cabinets, and shelving) that conflict with the construction of the required wall A corner vertical pilasters. In addition, W E property owners will be required to move their furniture within the designated areas as outlined in their final design documents to allow for the construction of required asbestos abatement containment corridors. M.. _.. _.. _.. _.. _.. _.. _.. _ ........................ Exhibit A -- Propero� Owner Noise hsulation.4greement Page 17 oj'25 In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings pLlgr to NIP construction to provide sufficient space for required asbestos abatement containment areas. H. ' KWBTS BOARD Autho[gy_2LPga!gIgl_Pg2j§j2ps. The KWBTS Board will have the Authority to make several of the Program design decisions to lnclude: 1. Acoustical Window and Door Material 0 E LU C .2 LL z Ln CD C C 4) E Q 0 0 E 0) 0 CU LU a- z E CO 1 q Exhibit A - P•oper�v Owner Noise Insuladon Agrcepnent Page 18 of 25 4MIM1111 Kim Property Owner Noise Insulation Agreement UNIT 108-B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO {8612- 171 08679-403/405 O8747-658/659 OR753-236 OR764-1251136 08766-1973/1979 OR799-2086 OR810-2501251 OR870-1574 OR875-2098/2099 OR880-234412351C OR880-2353 OR1334-1858D/C O81340-1048 OR1716-1725/26M/T 081716-1727/28 OR2420-518119 OR2456-1493 as E as as 0 E as LU a .2 LL z Ln CD r- r- 0 E (v 0 0 E 0) 0 cu LU a- z E q Exhibit B - Property Owney-Noise Instelation Agreement Page 19 qj-25 PROGRAM IMPROVEMENTS In Property Owner is Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels, A typical Program Improvement package may include 0 Architectural Drawings as E as as 0 E LU a 0 LL z Ln C1 E Q 0 0 E 0) 0 CU LU a- z W E q ,Exhibit C- Propero Oivner Noise Instilation Agreement Page 20 o`2. DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the 0 County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County E and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and LU assigns of the undersigned, forever releases, remixes, discharges, indemnifies and C: .2 covenants not to sue, institute claims against, or institute any proceedings against, the CU County, or any of its agents, officers, employees, consultants and/or contractors > concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the Ln undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said S County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands and assumes full responsibility for the CD Deficiencies present in the Property, whether visible to the Program Manager or unseen. 1 The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could E Q include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Property Owner understands that the Program Manager may 0 identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the E Program Manager will classify the observed Deficiencies as either "Minor" or "Severe". 0 LU 5. The Property Owner assumes full responsibility for the worsening of any a- Z documented Minor Deficiencies. W & In the rare event "Severe" Deficiencies are identified during the design E process, the Property Owner agrees to complete necessary repairs to the Property, to 0 the acceptance of the Program Manager, as a precondition to the commencement of -x construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete ............................................................................................. Exhibit D - Property 0wner Noise Insulation Agreement Page 21 oJ'25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. WITNESSES: Signature Printed Name Signature Printed Name 4 Date 1'Q1 I+ I= PROPERTY OWNER: Signature Printed Name Date Exhibit D - Pi-oper -ty Owner Noise Insulation agreement Page 22 of 25 0 E LU a .2 LL Z Ln C1 E Q 0 0 E 0) 0 CU LU a- Z as E q VENTILATION HOLD HARMLESS AGREEMENT M59ME" HM Property Owner Noise Insulation Agreement 3. Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation {EROS) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. E Q) 0 Q) E LU a .2 LL z Ln CD C C 0 E 4) 0 0 E 0) 0 CU LU a- z 4) E q Exhibit E - Property Owner Noise Insulation Agreement Page 23 of 25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. V E ' MEB Si gn W/4 Printed Na(me Ii'ature �,�aa � �s�n61Q� Printed Name PRO 7 ER'r( OWNER- Signature' 0, Paw Name Date as E as as as 0 as E as LU a 0 CL Ln CI E Q 0 0 E 0) 0 CU LU a- z as E q Exhibit E - Pi-open ty Ownet- Noise Insulation Agreement Page 24 of 25 NWHP PROPERTYfi)WNER: 4 � f—�— 6ignature rob r+ c Paul Signatur (V Printed Name Signature c v . 4/z - ,p P - U N a V rinte e WITNESSES: Signature i Printed Name as 0 E rra LU a .2 LL z Ln CD C C 0 E (v 0 0 E 0) 0 cu LU a- z E q Printed Name Date Exhibit E - Pwpeny Ownei• Noise Insulation Agi Page 25 of 25 Pressired By and Return To. Heather P. Faubert NIP Assistant Project Manager THIC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport 0 E Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this;(Asy of !:J,�'Uo_vo l _,20 by "ESTATE OF RUTH S. AHL", hereinafter referred to as "the Property O " in favor of the 0 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC," E RECITALS: UJI A. The Property Owner is the fee simple titleholder to certain real property ("the Property") a 2 located in Monroe County, Florida, more particularly described as follows: UNIT 109-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR628-545 OR950-2021 LL OR951-2475 ORI 108-1061 O82785-2445LETIADM z Ln also identified as street address "2601 S. Roosevelt Blvd., Unit 10913" S B, The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). as C. Under the NIP, the Airport will design and install or pay for the installation of improvements r_ and modifications to the Property Owner's Property necessary to reduce interior noise levels 41 E at least 5 dB and to bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy, Granting of an Avigation Easement ("Easement") is a cp BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. 0 D. The funding source for said NIP will include funding from the United States Government 0 , pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the c E BOCC, acting in its capacity as the owner and operator of the Airport. Lu E. The Property Owner desires to participate in the NIP and has entered into a Property Owner a- Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP gil Z benefit the Property Owner and the Property by providing certain remedial sound attenuation 4) construction on all eligible residential structures on the property necessary to achieve a E reduction in DNIL indoor noise levels of at least 5 dB and bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Key West International Airport NIP —Avigation Easement (Unit #109B) Page 1 of 4 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BODO agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 0 E LU a .2 LL z Ln LU CD C C 0 E Q 0 0 E 0) 0 CU LU a- z E q 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Agreement is executed as of the date first above written, 0 E LU a .2 LL z Ln CD C C 0 E Q 0 as 0 E 0) 0 CU LU a- z E q MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSE& CAS OR Printed Name Date Q) 0 as E as Lu a .2 LL z 20 Ln CD r- r- 0 E 4) 0 E cu Lu a- z as E q Key West International /M rpo rt NIP - Avigation Easement (Unit 410913) Page 4 of 4 Address: K �Nst by they Unit No,: B109 Name(s): Dahl PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WIT N ESS ETH: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit IS attached hereto (the "Property"), and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements', and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 0 E LU a .2 LL Z Ln CD r_ r_ 0 E Q 0 0 E 0) 0 CU LU a- Z E q Property Owner lVoise Insulation Agreement Page I of 25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. E 2. Pro ram Policy Statements. Consistent with the Program 14 and/or Federal Aviation Administration Airport Improvement Program 0 policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. 0 The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the E Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. LU C: 3. Payment of Pronrarn Im The County agrees to .2 pay for the Program Improvements described in Exhibit C attached hereto, > The Program Improvements will be approved b; the Property owner and ' LL County, managed by the Program Manager, and performed by the z Contractor. LID 4. 1 Dedin . Com etitive Bid Process. The Property Owner LU shall not impede or interfere with the Contractor's ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To insure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the CD Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and E cancellation of this Agreement. Q 5. Construction Contract. The County will award the contract 0) for the Program Improvements consistent with Federal and County r- a competitive bidding policies and procedures. The contract will require the 0 Contractor to complete the Program Improvements within a time period defined by the Program Manager. E 6. ImDeding Construction. Once construction of the Program LU Improvements begins, the Property Owner shall not impede construction or a- alter construction schedules. In addition, the Property Owner shall prevent z any and all tenants that may occupy the Property during the construction of W the Program Improvements from impeding construction or altering E construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or alters the construction 4t schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto, Propern Owner Noise Insidation r$, regiment Page 2 of 2 5 7. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: {1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity, (3) Refraining from aggressive physical contact and (4) Insuring that all pets are completely secured and contained. c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Changes to Scone of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insidalion.4greemeol Page 3 of 25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12, Warranties. The County does not represent or warrant the level of noise redaction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s) (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter, (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired, (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business, and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 13. Pre - Existin Deficiencies, The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all respc�n�siirit�yand liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of 25 17. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement Page 6 of 25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20.Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement Page 7 of salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29. Waiver. Inc waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of 25 Property Owner Noise Insulation Agreement Page 9 oj 25 Property Owner Noise Insulation Agreement Page 10 oj-25 ------ - ------- - ------ - ---- Property Owner Noise Insulation Agreement Page I I of 25 Property Owner Noise Insulation Agreement Page 12 cit 25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in punter arts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written, WITNE!5SES' Signature Printed Name S e St a Printed Name b & Printed Na / �'Z Date Pi-opeqy Ownre Noise Insulation Agr -eement Page 13 of 25 PackE PROGRAM POLICY STATEMENTS "M Property Owner Noise Insulation Agreement A. Air Conditionina: General Restrictions. While providing a new ductless "mini- split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums B. Window Sill Replacement. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. --- ----- Page 1 1 5 of 25 ixhibit A - iropert Owner Noise Insulation Agreement have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Summary of Asbestos Testin & Fin dinrl F. Asbestos Abatement: Construction Re Wreme ts The presence of ACM in the KWBTS buildings will result in several new asbestos abatement requirements for the NIP to include - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windowsldoors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit A - Property Ovimer Noise Insulation Agreement Page 16 of 25 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos AbaternRennLt: Property Owner R S p it9yiMMOL The presence of ACM in the KWBT S buildings will result in several new property owner requirements to include: Exhibit A -- Property Owner Noise Insulation Agreement lage 17 oj'25 - In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings pricer to NIP construction to provide sufficient space for required asbestos abatement containment areas. ------- - - - - - -------- -, Exhibit A - Property owner Aloise Insulation Agreement Page 18 of 25 LEGAL DESCRIPTION OF PROPERTY M Property Owner Noise Insulation Agreement UNIT 109-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR628- 545 O8950-2021 OR951-2475 OR1 108-1061 OR2785-2445LET1ADM Exhibit B - Property Owner Noise Insulation Agreement Page 19 io25 PROGRAM IMPROVEMENTS Un Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include Exhibit C - Property Owner Noise Insulation Agreement Page 20 oj'25 DEFICIENCY HOLD HARMLESS AGREEMENT ANIUMN to Property Owner Noise Insulation Agreement Exhibit D - Properry Owner Noise Insulation Agreement Page 21 of 25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. & The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. WITNESS CC Sign AtU're Printed Name Signatfe Jmt HU Printed Name PROPER Printed Name Date WITNESSES: Signature Printed Name Signature Printed Name WITNESSES: Signature Printed Name PROPERTY OWNER: Signature Printed Name Date PROPERTY OWNER: Signature Printed Name — 1 Signature Date Printed Name Exhibit D - Pi Ownet- Noise Insulation Agi Page 22 of 25 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To E Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the 0 County and the Program for the Program Improvements to be made to the Property 0 described in the Agreement of even date herewith (the "Agreement") between the County r_ (V and Property Owner and to which this Exhibit E is attached, the undersigned, for and on E 0 behalf of the undersigned and the heirs, personal representatives, successors, and 0 M LU assigns of the undersigned, forever releases, remises, discharges, indemnities and C: covenants not to sue, institute claims against, or institute any proceedings against, the .2 County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the LL z property and the consequences thereof, and any of the foregoing which may accrue to Lis the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against LU said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Program Improvements may include the addition of acoustical CD windows and doors, removal and infilling of "through-wall" portable air conditioner units and the addition of a replacement ductless "mini-split" air conditioning system. Because these modifications will result in a tighter interior environment due to the elimination of all passive inside / outside air leakage that was naturally occurring in all openings, the E Program will also include the addition of a energy recovery ventilation (ERV) unit which will provide an adequate exchange of inside I outside air to the condominium as required by building code. 3. Given the tightened interior environment of the treated condominium, the 0 Property Owner agrees to assume full responsibility for the proper operation of the new 06 Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the C: IV E potential for mold and moisture problems, especially during periods when the 0 condominium is closed and uninhabited. LU a- 4. Due to FAA eligibility limitations, the Program will not be providing z C: bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of 0 moisture generation in the interior environment of a condominium, the Property Owner E agrees to assume full responsibility for ensuring that all bathrooms have an operable M bathroom exhaust fan capable of properly exhausting bathroom moisture to the exterior -v of the building. It should also be noted that the original KWBTS condominiums were constructed with a small wall vent that was designed to allow the passive exhaust of Exhibit E - Property Owner Noise Insulation Agreement Page 23 qJ'25 & The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. wf I VITIJESSE,% C*'C'X% A SignafA `.� ` �,��Q�. Printed Name �L - 11 Signat e I Printed Name Printed Name Date as E as as as 0 as E as LU a 0 IL Ln CI E Q 0 0 E 0) 0 CU LU a- z as E q Exhibit E - Pi•ope)•sv Ownei- Noise Insulation Aig-eernent Page 24 of 25 mummilm Date as E as as as 0 as E as LU a 0 Cl. Ln Cl E 4) 0 0 E 0) 0 cu LU a- z 4) E q ,E,rh;bit E - rod eery Owner Moise insulation Agreement Page 25 of'25 also identified as street address "2601 S. Roosevelt Blvd., Unit 11O B" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Key West International Airport NIP — Avigation Easement (Unit #1108) Page 1 of 4 Federal Aviation Administration ("the FAA") on December 19, 2011 G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. K It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BODO or its successor in interest as owner and operator of the Airport. 0 E LU a .2 LL z Ln LU CD C C 0 E Q 0 0 E 0) 0 CU LU a- z E q 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the C. This Easement Agreement is executed as of the date first above written. PROPERWOWNER: STATE OF T lort COUNTY OF . .............. Date JESSICA L ST NBA H I C 00 MY FF1 a EX May 21, 2017 (407) F COMMISSION I PIRES 398,0153 The foregoing instrument was acknowledged before me this M day of TchnzLM4-1 20_D by �ST.Ma--L - ---- - . ........... - ---- . .............. Property Owner Name { s } - — --------------------- My Commission Expires: M(Iu( '2_1 I MI to, Public Signature key West International Airport NIP — Avigation Easement (Unit #1 105} Page 3 of 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: �11 Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF MONROE Signature Date The foregoing instrument was acknowledged before me this _ day of 20_ by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature E as 0 as E as to a .2 LL z no CD r- r- 0 E as as as 0 E 0) 0 cu to a- z r- 4) E 0 q Key West International Airport NIP — Avigation Easement (Unit #1 105) Page 4 of 4 Address Ke West b the Sea Unit No. - B110 Naine(s): Herman PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONR COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W I T IN E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements, and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"), and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein, NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows Property Owner Noise Insulation Agreement Page I of 25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3, The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Propentv Owner Noise Insulation Agreement Page 2 of25 7. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for; {1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity, (3) Refraining from aggressive physical contact, and (4) Insuring that all pets are completely secured and contained c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Chances to Scone of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insulation Agreement Page 3 of 25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired, (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 13. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15.1-imitation on Alterations to the PrODerty. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of 25 W. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement Pa 6 oj'25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20, Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement Page 7 of 25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 2g, Waiver, No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of 25 Property Owner Noise Insulation Agreement Page 9 of 25 Property Owner Noise Insulation Agreement Page 10 of 25 I, Covenant of No Interest. The County and Property Owner covenant that neither - presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Property Owner Noise InSLINtion Agreement Page 11 of Property Owner Noise Insulation Agreement Page 12 of 25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations, The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. A16- Y M , , Mi I Va. 1,L MA M Printed Name - Signature eled.1 Printed Name PRQPERTY OV�NER Y.4,� gg t u r !e Printed Name - j Date Pisipei-ty Owner• Noise Insulation Agreement Page 13 of 25 WITNESSES: Signature Printed Name Signature Printed Name WITNESSES: Signature Printed Name Signature PROPERTY OWNER: Signature Printed Name Date PROPERTY OWNER: Signature Printed Name Date j MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: . WITNESSES: MAYOR Signature Printed Name gm� Printed Name F-Packe PROGRAM POLICY STATEMENTS In Property Owner of Insulation Agreement A. Air Conditioni 1: General Restrictions. While providing a new ductless "mini - split" AD system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums �indow �Sill Glacernent. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Exhibit A - Property Owner Noise Insulation Agreement Page 1 5 of 25 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Surnmary of Asbest T hin irr i� F. Asbestos Abatement: Construction R2gMjrgM2glLs The presence of ACM in the KWBT buildings will result in several new asbestos abatement requirements for the NIP to include - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windows1doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit A - Property Owner Noise Insulation Agreement Page 16 of 25 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: Property Owner Re ' ants The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to include Exhibit A - Property Owner Noise Insulation Agreement Page 17 of 25 In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings pLior to NIP construction to provide sufficient space for required asbestos abatement containment areas. H. KWBTS BOARD Authority of Desinn Decisions. The KW TS Board will have the Authority to make several of the Program design decisions to include 1 . Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes Exhibit A - Proper y Owner Noise Insulation Agreement Page 1 8 of 25 LEGAL DESCRIPTION OF PROPERTY M- MM M Property Owner Noise Insulation Agreement UNIT 110 -B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR643- 478 OR764-174211743 OR806-280/281 OR815-7661767 OR876-2306 OR983- 2119/2120 OR1013-1095 OR1021-1206R1 R1203-573 OR1208-577D C OR1663- 160410 10 OR2137-2347148 Exhibit B - Property Owner Noise Insulation Agreement Page 19 oaf 25 PROGRAM IMPROVEMENTS ffinamm "M Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include 9 Architectural Drawings Exhibit C - Propero; Owner Noise Insulation Agreement Page 20 qj'25 DEFICIENCY HOLD HARMLESS AGREEMENT In Property Owner Noise Insulation Agreement Exhibit D - Property Owner r' Insulation Agreement Page 21 of 25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective hairs, personal representatives, successors and assigns. W NE Sig re -i'j Y> Prihted Name PRO f ERTY OWNER: Si din ure t Printed Name Signature /7 if 17 Date Printed Name WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date Printed Name WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date Printed Name Exhibit D - Pi-openy Owner Noise Insulation Agreement Page 22 of 25 VENTILATION HOLD HARMLESS AGREEMENT In Property Owner is Insulation Agreement Exhibit E - Property Owner Aloise Insulation Agreement Page 23 of 25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. IMMIMMM= -j-:X �67- Date Exhibit E - Property Owner Noise Insulation Agreement Poge 24 of 25 PROPERTY OWNER: Printed Name Exhibit E - Pi Ownei• Noise Insulatl'on Agi Page 25 of 25 Prepared By and Return °Tea Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION Key West International Airport Noise Insulation Program A. The Property Owner is the fee simple titleholder to certain real property ( "the Property ") located in Monroe County, Florida, more particularly described as follows: UNIT 111-113 GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO GR602- 5 GR7 3 -669 SG JUDGES DOCKET 76 -142 R67 -773 GR95 -1566 GR13 -2233 GR0 -324 - GR246- 326 GR5 -241 811 'GIT GR270- 1937141 also identified as street address: &2601 S. Roosevelt Blvd., Unit 111 " B. The BOCC is the owner and operator of Key West International Airport ("the Airport ") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ( "NIP "). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the CC, acting in its capacity as the owner and operator of the Airport. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure flap accepted by the . .................. ........ Key West International Airport NIP - Avigation Easement (Unit #111B) Page 1 of 4 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy ofwhich is hereby acknowledged by bath parties, and in consideration and incorporation into this Aviation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BCC or its successor in interest as owner and operator of the Airport. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9, The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BCC, This Easement Agreement is executed as of the date first above written. PROPERTY OW R: r Signature Printed Name Date STATE OF I r \da COUNTY OF ( 01 PROPERTY OWNER: Signature Printed Name Date JESSICA L STEINBACH MY COMMISSION #FF100068 EXPIRES May 21, 2017 07) 398.0153 FloridallotaryService.com The foregoing instrument was acknowledged before me this 2 dra of Teh(l \on-i 20_a by 1, (l It 11 Ld l ) )t \ I k t k Property Owner Name(s) A MaLl - Z I j 2- 0 AP My Commission Expires: tary Public Signature they West International Airport NIP — Avigation Easement (Unit #111 B) Page 3 of 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSE& MAYOR: Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _ day of 1 20_ �1' k Key West International Airport NIP — Avigation Easement {Unit #111B) Page 4 of 4 Address Key W est b v t a Sea C-8-c Unit No.: Bill Name(s) Sellier W I T N E S S E T H: Property Owner Noise Insulasion Agreement Page I of 2S 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Property Owner Noise Insulation Agreement Page 2 of 25 7. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity, (3) Refraining from aggressive physical contact and (4) Insuring that all pets are completely secured and contained. c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Changes to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insulation Agreement Page 3 of 25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issuets): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter, (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired, (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business', and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 13. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15, Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of 17. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Property Owner Voise Insulation Agreement Pa 6 qf'25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20, Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement Page 7 of 25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of 25 Property Owner Noise Insulation Agreement Page 9 of 25 Property Owner Noise Insulation Agreement Page 1 0 of 25 I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Property Owner Oise Insulation Agreement Page II of 25 Property Owner Noise Insulation Agreement Page 12 of 25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations, The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in CounterDarts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section �Head�i. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. ,�ature Printed Name Signature --- 11 Cdl Printed Name PROPERTYf�N R. �� Signature o I OR -- Printe Na d a 6 r .2/ Date Pi-opei Owner Noise Insulation Agreement Page 13 of 35 WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date Printed Name WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date Printed Name MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR' Signature Signature .......................... - ----- Printed Name - - - - -- Printed Name 20 PROGRAM POLICY STATEMENTS UR Property Owner is Insulation Agreement B. Window Sill Replacement. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Exhibit A - Property Owner NoiseInsidation Agreement Page 15 of 5 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Summary of Asbestq§_jqstiiry Firs ire F. Asbestos Abatement: Construction Re Wrements, The presence of ACM in the KVVBTS buildings will result in several new asbestos abatement requirements for the NIP to include - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windowsldoors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit,4 - Property Owner Noise Insulation Agreement Page 16 (?f 25 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: Property Owner Oegkirements The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to include - To accommodate this construction schedule, property owners will be required to vacate their condominium for a one (1) month period to allow for the efficient completion of the NIP construction. This will provide an array of advantages that will provide the potential for construction efficiencies to include: Exhibit A - Property Owner . Insult don Agreement Page 17 of25 - In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings p_Cior to NIP construction to provide sufficient space for required asbestos abatement containment areas. H. KWBTS BOARQt rite igrt i i� . The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes Exhibit A - Property Owner Noise Insulation Agreement Page 18 of LEGAL DESCRIPTION OF PROPERTY xrin= M Property Owner is Insulation Agreement UNIT 111 - GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR602- 85 OR753-669 CO JUDGES DOCKET 78-142 OR827-773 OR895-1566 OR1330-2233 OR2048-324-C OR2048-326 OR2695-2418/18C/T 8270 - 1937141 Exhibit B - Property Owner Noise Insulation Agreement Page 19 of25 PROGRAM IMPROVEMENTS In Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include 0 Architectural Drawings 0 Energy Recovery Ventilator (ERV) unit 0 Electrical panel modifications (only if required) Exhibit C - Propero Owner Noise Insulation Agreement Page 20 of 25 DEFICIENCY HOLD HARMLESS AGREEMENT In Property Owner Noise Insulation Agreement Exhibit D - Property Owner JVoise Insulation Agreemeni Verge 21 q f25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. ITNEM hAt V, lature Printe Signature Printed Name PROPERTY 0 si,na u A , 4 Printed Name Date WITNESSES: Signature Printed Name Signature Printed Name WITNESSES: Signature Printed Name Signature Printed Name Exhibit D - Pi-opet Owner Noise Insulation Agreement PROPERTY OWNER: Signature Printed Name Date PROPERTY OWNER: Signature Printed Name Date Page 22 of 25 VENTILATION HOLD HARMLESS AGREEMENT AMMEM In Property Owner Noise Insulation Agreement Exhibit E - Property Owner Noise Insulation Agreement Page 23 of 25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. E PROPERTY OWNER. kly +t S,ir�lf u re jr I ' Sig9 ure V Printed Name Printdff Name Signature Date Printed Name Exhibit E - Pi Ownet Noise Insidation Agy Page 24 of 2S PROPERTY OWNER: Printed Name Printed Name -- - ---------- Exhibit E - P - opet - l.v Ownu Noise Insulation Agivement Page 25 (?f 25 vrepared By and Return To. Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd,, Suite 200 Duluth, GA 30096 AVIGATION EASEMENT referred to as "BOCC." A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows UNIT 202-B 1-11-F T' TOWER OF KEY WEST BY THE SEA A CONDO OR600-325 OR795- 560D2 C OR977-2427129P/R OR977-2430 OR980-832133 OR1019-283184 OR1063-1787188 OR2804-1555D10 also identified as street address "2601 S. Roosevelt Blvd., Unit 202B" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Key West International Airport NIP — Avigation Easement (Unit #202B) Page 1 of 4 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Agreement is executed as of the date first above written. PROPERTY WN�11R: Signat e - Alnzc Printec?Name o ? 1 0 Date PROPERTY OWNER: STATE OF — fi It) riclo COUNTY OF -IlontDC, Signature Printed Name Date JESSICA L STEINBACH MY COMMISSION # FF1 00068 EXPIRES May 21, 2017 1407) 398.0153 FloridallotaryService.com The foregoing instrument was acknowledged before me this 2LT�ay of T-cUmovu 20 -a by P'llonc L 'Dixon i Property Owner Name(s) My Commission Expires: /'V](IL/ 2-1 2-01 Public Key West International Airport NIP — Avigation Easement (Unit #20213) Page 3 of 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Printed Name STATE OF FLORIDA COUNTY OF MONROE NEMM The foregoing instrument was acknowledged before me this _ day of 20 M as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires Notary Public Signature Key West International Airport NIP — Avigation Easement (Unit #20213) Page 4 of 4 C.8.d �, Address Key West by the S e a Unit No.. E B 202 2 Name(s): Dixon PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W I T N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements, and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein, NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows; Property Owner Noise Insulation Agreement Page I of 25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. Payment of P�rora�mlmr�)rovemants. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Property Owner Noise Insulation Agreement Page 2 or25 7. Safe 1 1ork Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives (2) Refraining from verbal abuse or profanity, (3) Refraining from aggressive physical contact and (4) Insuring that all pets are completely secured and contained c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Chances to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insulation Agreement Page 3 of 25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 1. Warranties, The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 13. Pre - Existing Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15.1-imitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of 25 17. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wail hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement Page 6 of25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20, Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement Page 7 of 25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of 25 Property Owner Noise Insulation Agreement Page 9 of 25 Property Owner Noise Insulation Agreement Page 1 0 of 25 I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Properly Owner Noise Insulation Agreement Page II oj'25 Property Owner Noise Insulation Agreement Page 12 of 25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. A sicinature r c - , GA ' r L Printed Name ;V-- Signature y L Printed Name PROPERTY OW ER: Signature ,�W.65 / > PTOO Printed Name , 1 Date Pi-operty Owner Noise Insulation Agreement Page 13 of 25 WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date Printed Name WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date Printed Name MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES' MAYOR' Signature Signature Printed Name Printed Name Signature Date Printed Name by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public Signature Propei-ty Ouwer Noise Insulation Aga Page 14 of25 PROGRAM POLICY STATEMENTS AMMMU In Property Owner Noise Insulation Agreement A. Air ConditioningL: General Restrictions. While providing a new ductless "mini- split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums B. Window Sill Replacement. Due to the presence of asbestos, the NIP will provide a new custom wood surround f and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Exhibit A - Property Owner Noise Insulation Agreemen! Page 15 of 25 F. Asbestos Abatement: Construction The presence of ACM in the KWBTS buildings will result in several new asbestos abatement requirements for the NIP to include: - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windowsldoors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit A - Property Owner Noise Insulation Agreement Page 16 of 25 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: Property wry r �irerr� rat The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to include - To accommodate this construction schedule, property owners will be required to vacate their condominium for a one (1) month period to allow for the efficient completion of the NIP construction. This will provide an array of advantages that will provide the potential for construction efficiencies to include: Exhibit A - Property Oivnerkoise Insulation Agreement Page 17 e?f 25 - In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings gLior to NIP construction to provide sufficient space for required asbestos abatement containment areas. H. KWlBTS BOARD Authorqy_9f_g2§jgn_R2�i i . The KWBTS Board will have the Authority to make several of the Program design decisions to include 1. Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes Exhibit A - Property Owner Noise Insulation Agreement Page 18 of 25 LEGAL DESCRIPTION OF PROPERTY M Property Owner is Insulation Agreement UNIT 202-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR600- 325 OR795-560 D/C OR977-2427/29P/R OR 77 -2430 OR980-832/33 OR1019-283/84 OR1063-1787/88 OR2804-1555D/C Exhibit B - Property Owner Noise Instilation Agreement Page 19 of 25 PROGRAM IMPROVEMENTS ffinflum in Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include 0 Architectural Drawings Exhibit C - Property Owner Noise Insulation Agreement Page 20 of 25 DEFICIENCY HOLD HARMLESS AGREEMENT UM Property Owner Noise Insulation Agreement Fxhibit D - PropertY Owner Noise Insidation Agreement Page 21 of 25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective hairs, personal representatives, successors and assigns. WIP ES . I Signature' Printed Name Signature j Printed Name PROPERTY OWNER: � � e Sign I ture �Ar-1'6 Printed Name ow 4 A r Date WITNESSES: Signature Printed Name Signature Printed Name WITNESSES: Signature Printed Name PROPERTY OWNER: Signature Printed Name Date PROPERTY OWNER: Signature Printed Name Signature Printed Name Date Exhibit D - Nopei-ty Owner- Noise Insulation Agi-eement Page 22 qj'25 M Property Owner Noise Insulation Agreement Exhibit E - Property Owner Noise Insulation Agreement Page 23 qf25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Qqature V Printed Name C Signature 01 6C(4; Printed Name PROPERTY OWNER: o re Signa u AAt PrintedY C* Date Exhibit E - Pi Owner Noise Insulation Agr - eement Page 24 of 25 WITNESSES: PROPERTY OWNER: Exhibit E - Property Owner Noise 1hsulationAgreement Page 25 of 25 Er mm and R tarn Tea Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, CAA 30096 AVIGATION EASEMENT A. The Property Owner is the fee simple titleholder to certain real property ("the Property ") located in Monroe County, Florida, more particularly described as fellows: UNIT 203-B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO R602 -687 R619 -701 R713 -101 R77 -739 R79 -1763 R63- 239012391 R67 -1C CASE NO 35- 189 -G1 OR 963-226 R1 4- 1607105 R156 -1421 also identified as street address: "2601 S. Roosevelt Blvd., Unit 203B" B. The BOCC is the owner and operator of }fey West International Airport (tithe Airport ") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. F. The Property Owner fully understands that the NIP eligibility could change at some future tune, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Key west International Airport NIP — Avigation Easement {Unit #2038} Page 1 of 4 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the B{ACC. This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: STATE OF COUNTY OF JESSICA L STEINBACH A Wi MY COMMISSION #FF100068 EXPIRES ay 21, 2017 (407) E398-0153 M The foregoing instrument was acknowledged before me this 2-nay of — FSA2f1,'DL 20-a by Property � er dame {s} ) - ( 0 - L��� My Commission Expires: MOL9 21,2DI Pu !.. cmature Key West International Airport NIP — Avigation Easement (Unit #20313) Page 3 of 4 [MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES macaw I Notary Public Signature My Commission Expires" Key West International Airport NIP — Avigation Easement (Unit #20313) Page 4 of 4 Address I< N b th Sep C.8.d Unit No.; B203 Natne(s): Raurn PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W I T IN E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"), and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport, and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements, and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"), and Property Owner Noise Insulation Agreement Page I m`25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. Pa ment of Pro ram Im rovements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Propert Owner Noise Insulation Agreement Page 2 of 2 5 7. Safe World a Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible fors (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives (2) Refraining from verbal abuse or profanity, (3) Refraining from aggressive physical contact and (4) Insuring that all pets are completely secured and contained. 9. Cha nges to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insulation Agreement Page 3 of 25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 13. Pre - Existing Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all respc�n�siifit�yand liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Limitation on Alterations to the Pro arty The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property owner Noise Insulation Agreement Page 5 of 25 17. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement Page 6 of 25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20.Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement Page 7 of 25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29, Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Onmer Noise Insulation Agreement Page 8 of 25 to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear" the title to the Property. 32.Affachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A Program Policy Statements. b. Exhibit B Legal Description of Property c. Exhibit C Program Improvements. d. Exhibit D Deficiency Hold Harmless Agreement e. Exhibit E. Ventilation Hold Harmless Agreement 33. General Conditions. a. Governing Law Venue Interpretation, Costs and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings Property Owner Noise Insulation Agreement Page 9 of 25 Property Owner Noise Insulation Agreement Page 10 of 25 I, Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Properly Owner Noise Insulation Agreement Page I 1 of 25 Property Owner Noise Insulation Agreement Page 12 of 25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations, The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. Date Property Owner Noise Insulation Agreement Page 13 of 25 W1 4 bign;ture Printed Name Signature j Printed Name PROPERTY OWNER: Signature 0 ot/11 t- Allot Printed Name �d / (I Date MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Date Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _ day of 20_ by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public Signature Pixipm Owner Noise Insulation Agi My comma V f,%Aiu - -- .--P-qje 14 of 25 # Parke PROGRAM POLICY STATEMENTS In Property Owner Noise Insulation Agreement A. Air Conditioni General Restrictions. While providing a new ductless "mink split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums: B. Window Sill Renlacernent. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Exhibit A - Property OwnerNoise Insulation Agreement Page 15 ()f2,5 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Summary of Asbestos Testing & Finding- F. Asbestos Abatement: Construction Re Wrements The presence of ACM in the KWBTS buildings will result in several new asbestos abatement requirements for the NIP to include: - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windows1doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit A - Property Owner Nbise Insulation Agreement Page 16 o f 25 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: Pro D;erty Owner lPegM1E2MgLnts The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to include - To accommodate this construction schedule, property owners will be required to vacate their condominium for a one (1) month period to allow for the efficient completion of the NIP construction. This will provide an array of advantages that will provide the potential for construction efficiencies to include; Exhibit A - Proper y Owner Noise Insulation Agreement Page 17 of -75 - In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings pjrior to NIP construction to provide sufficient space for required asbestos abatement containment areas. H. KWBTS BOARD Authorj! f Q�esi n �Qeci�sion . The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes Exhibit A - Property Owner Noise Insulation Agreement Page 18 of 25 lionimimmi m PMUM UNIT 203-B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO 687 OR619 -781 OR71 -10D/ R773 -739 OR799 -1783 OR868- 2390/2391 OR874- 1494C CASE NO 35 -1 - P -12 OR963 -226 OR1254- 1307/03 R1 4 -1421 Exhibit B - Property Owner Noise Insulation Agreement Page 19 of?S PROGRAM IMPROVEMENTS In Property Owner is Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include 0 Architectural Drawings 0 Replacement Aluminum Acoustical Windows 0 Replacement Aluminum Acoustical Swinging Prime Door(s) 0 Replacement Aluminum Acoustical Sliding Glass Patio Door {s} 0 Ductless Mini-Split Air Conditioning System Modifications and Wall Pilasters 0 Energy Recovery Ventilator (ERV) unit ® Electrical panel modifications (only if required) Exhibit C - Property Owner Noise Insulation Agreement Page 20 of 25 DEFICIENCY HOLD HARMLESS AGREEMENT HS Property Owner Noise Insulation Agreement Exhibit D - Property Owner Noise Insulation Agreement Page 21 of 25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation - Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. PROPERTY OWNER: Printed Name c2 ................................................................... Date W111N S 2L)A �igVature —+ A 4 E Printed Name Signature ec4k' Printed Name WITNESSES: Signature Printed Name Signature Printed Name PROPERTY OWNER: Aauvpm Signature [7#vio e— R.40cl Printed Name Z f Date W PROPERTY OWNER: Signature Printed Name Date Exhibit D - Propei Ownei• Noise Insidation Ago Page 22 of 25 VENTILATION HOLD HARMLESS AGREEMENT W Property Owner Noise Insulation Agreement Exhibit E - Property Owner Noise Insulation Agreement Page 23 of 25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. )(_ Sig—nature — o' - 4- Printed Name Signature Printed Name = RTY OWNER: L deq'64411 Signature 1 &le r, E - �ar,C� Printed Name � -, 22 Date Exhibit E - Pixteei-ty Owner Noise Insidation Agreernent Page 24 v(25 PROPERTY OWNER: Signature -- I 1 I - C- Printed Name Date WITNESSES: gzm� PROPERTY OWNER: M Exhibit E - Pi-opet-ty Owner• Noise Insulation Agi•eesnent Page 25 of 2S Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breakinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this I � day of Fc 6 Poe _, 20 1 - 7, A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows UNIT 204-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO R60 -679 OR635- 195 L1E PROB NO -10- P -1 OR1206-471/73GRDNSHP OR1331-2148149 OR1441-770 OR2336-485D1 C also identified as street address; "2601 S. Roosevelt Blvd., Unit 2041113" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BCC, acting in its capacity as the owner and operator of the Airport. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the - .. ... ... . ... ... ... ..... . . ... ... .. . .... . ... .... . Ka y . . West Inter . n . a .. t . I . o .. n .. a . I A irp o rt , , - , - , N - I - P Avigation Easement (Unit #20413) Page 1 0 f 4 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100,38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy ofwhich is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows; 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOO C or its successor in interest as owner and operator of the Airport, as as as 0 E LU a .2 LL z Ln LU 04 CD C E Q 0 E LU a- z E q C.8.d 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Agreement is executed as of the date first above written. PROPERT -( OWN R: PRDPERTY OWNS Sig r , Signs rr C� � ur t t� �ok h Printed Name Printed Name 9- aC) ( - 7 ac) Date Date STATE OF 0 COUNTY OF The foregoing instrument was acknowledged before me this day of y ���° �`t 201 by Property Owner Name(s) \���` O.• q �i,� MICHAEL HENDRICKS NOTARY PUBLIC Corr Coswn S TAT E O F O H 10 Notary Public Signature Comm. Expires 011 20i 8 Key West International Airport NIP — Avigation Easement (Unit #2045) rage 3 of 4 E O E LU a LL z Ln e LU 8 Is 04 CD . as E Q as O E LU a- z 4) E MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES MAYOR Signature Signature Printed Name as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: I Notary Public Signature E Q) 0 Q) E Lu a .2 x LL z so Lu as 04 C) C as E Q as 0 E LU a- z W E q — Key West International Airport NIP — Avigation Easement (Unit #2048) Page 4 of 4 Address r e West by th Sea C.8.d Unit No. B204 Narne(s) Kuhar PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W IT N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"), and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport, and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements, and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement Page I of 25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. EPagynmeq�ntof P�rora�ml �royem�ents. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract, The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Property Owner Noise Insulation Agreement Page 2 oj'25 7. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives (2) Refraining from verbal abuse or profanity, (3) Refraining from aggressive physical contact, and (4) Insuring that all pets are completely secured and contained c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Chan to Scone of Work. The Program Manager � reserves the right to make changes to the plans and specifications and the Property Ormer Noise Insulation Agreement Page 3 oj-25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 13. Pre - Existing Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15.1-imitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of 25 17. Coo 2eration, As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement Page 6 of 25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions; a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. Property Onmer Noise Insulation Agreement Page 7 of 25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29.Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of 25 Property Owner Noise Insulation Agreement Page 9 of 2S initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County, b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. d. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. a. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to effect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. f. Acceptance of Gifts, Grants Assistance Funds, or 1��eafs. The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement, g. Claims for Federal or State Aid, The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. 0 E LU a .2 CL Ln 04 CD C E Q as 0 E LU a- Z W E q Property Owner Noise Instelation Agreement Page ]Oof25 L Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Pr qper y Owner Noise Insulation Agreement Page 11 of 25 Property Owner Noise Insulation Agreement Page 12 of 2S statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. u. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. v. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. NES S Hinted Name sk gna(W\ Printed .th*e NOTARY PUBLIC F7 7T PZPE Z TY OWNER: -2 Signature -4- k )bar � k ) LL 4 6 r Printed Name Date " - * - , ` Agy-eement Page 13 of 2S r Sign atire Z TAT IO - 7 SE OF OH COMM. Expires D&4 Printela April U17 2 018 F & 0 ,111111noW , WIT EWi Si6nalure Printed Name ,� x jlli I I R I A L RA STATE OF FLORIDA COUNTY OF MONROE PROP ER'"YOWN E Sig rTa P, . Printed Name The foregoing instrument was acknowledged before me this _ day of E as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires NM Notary Public Signature PROGRAM POLICY STATEMENTS w Property Owner Noise Insulation Agreement A. Air Conditioni General Restriction . While providing a new ductless "mink split " AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums: B. Window Sill Reo lac e rnant. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. as E as as 0 as E LU r- .2 LL z Ln E Q 0 as 0 E 4) 0 M LU a- z E q Exh ibis A - Property Owner Noise Insidation Agreement Page 15 oji'25 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold U2jgjjLs. Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging doors and 4) Aiding glass patio doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during 0 a hurricane, 0 E. §�umm �of �Asbea�tos T�esti �&F I n d �is As required by state and federal requirements, THC conducted asbestos testing on a E random sample of KVVBTS condominiums in Buildings A, B and C. The tests results LU showed in several areas to include C: .2 stucco, window A door caulking, gypsum board compound, and ceiling texture. Given these findings, the proposed NIP scope of work will be directly impacted in several areas to include - window removal and acoustic window installation, LL z - door removal and acoustic door installation, Ln - removal of portable "through-wall" AC units and the infilling of openings, - ceiling cuts required for installation of the ductless AC, - wall cuts required for the installation of the ductless AC, - construction of vertical wall pilasters required for installation of the ductless AD system & ERV ducts, CD - construction of closet soffit for installation of the ERV. N THC will be required to provide executive oversight of all ACM abatement -c processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit A - Property Owner Noise Insulation Agreement Page 16 of 25 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: Pr2g2!1 wt� r c�c�ir rrt rat The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to include Exhibit A - Proper y Ou Aloise Insulation Agreemeni Page 17 of25 In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings p to NIP construction to provide sufficient space for required asbestos abatement containment areas. Exhibit A - Property Owner Noise Insulation Agreement Page 18 of 25 LEGAL DESCRIPTION OF PROPERTY M Property Owner Noise Insulation Agreement UNIT 204-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR602- 679 OR885-195OL/E PROS NO 92-10-CP-13 OR1206-471/73GRDNSHP OR1331- 2148/49 OR1441-770 OR2336-485D/0 Exhibit B - Property Owner Noise Instelation Agreement Page 19 of 25 PROGRAM IMPROVEMENTS FE Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include 0 Architectural Drawings Exhibit C - Proper v Owner Noise InsuladOn Agreement Pckge 20 of'25 DEFICIENCY HOLD HARMLESS AGREEMENT In Property Owner Noise Insulation Agreement 2. The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Property Owner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either "Minor" or "Severe". 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete Exhibit D - Pr opertv Owner Noise Insulation Agreement Page 21 qj25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. WITNESSE z � PROPE 15ignature f-V-,57WC4e-( Y a 'Printed Name 0 .... Pranted Name MICHAEL HENDRICKS STATE OFOHIO OWNER: r /�, 1,- K � tt a Printed Name M. ------------------- Exhibit D - Pt Ownei Noise Insulation Agi Page 22 o J'25 VENTILATION HOLD HARMLESS AGREEMENT ARMEN M1 Property Owner Noise Insulation Agreement Exhibit E - Property Owner Noise Insulation Agreement Page 23 of 25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Signature or C 1\4 CC Oae-f Printed Name MICHAEL HENDRICKS STATE OFOHIO P PERTY 9WNER: Signature � �� Aar Printed Name ') - 11 --)(,)1 Date Noise Insulation Ap-eement WIT ESSF-S- ,,- lsign&4 Printed NamR011M 011 0 .... .. MICHAEL HENDRICKS Sign;durll S TA TE RY rUBtI - OF OHIO 0© ele%rnrn J:vnirdzic W v,- N (\ s, 0 —0\1 'Signature ranted ' Nam, , I�4.RIAL Signa 'u � ' MICHAEL HENDRICKS ; NOTARY PUBLIC ni= Pri,ted;_a_ F OHIO %-Gmmr xpires April 01, 2018 ROPERTY OWNER: Name ( Y a-/ ( bate Exhibit E - Properly Owner Noise Insulation Agi Page 25 of 25 Heather Is Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd , Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this0A - k'y of F!e, �V u j 20_[T, by "LESLIE W. BADER & ERNEST C. EADEH", hereinafter referred to as "the PF4erty Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." Bosoms= A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: UNIT 205-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR599-515 OR818-451 R065 -12 /1 OR 7 -1568 OR 337- 524/26 OR2422-1585/86C OR 06 -16471 also identified as street address: "2601 S. Roosevelt Blvd., Unit 205B" B. The BOLO is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Key West International Airport NIP — Avigation Easement (Unit #205B) Page 1 of 4 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. K It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BCC. This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: i WNW Printed ame A) all Date I — PROPERTY OWNER: Signature Printed Name JESSICA L STEINBACH STATE OF t Inh My COMMISSION #FF100068 COUNTY OF ra `-7 EXPIRES May 21, 2017 (407) 398.0153 FloridallotaryService.com The foregoing instrument was acknowledged before me this Z I day of 20_a by W. Eaitl ) Property Owner Name(s) 1 g9tary Public Signature My Commission Expires. I' n q 2-1, ? D f7 Key West international Airport NIP — Avigation Easement (Unit #20513) Page 3 of 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES MAYOR Signature Signature Printed Name mm The foregoing instrument was acknowledged before me this _ day of 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate, Notary Public Signature My Commission Expires 1 12 S/ Key West International Airport NIP - Avigation Easement (Unit #205B) Page 4 of 4 Address Ke West b the Sea ---- y ------ y Unit No.: B205 Name(s): Eadeh PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, ON OE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, e r r unicipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W IT IN E S S E T H: WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follow; ProperlY Owner Noise h7sidation Agreement 1 age I of 25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. Payment of Program It ts. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. h- Rertv Ouri'mor N, insularion A,-yelcmlem, 7. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible fear: {1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity, (3) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action( s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Cho as to Scene of Work. The Program Manager reserves the right to make changes to the plans and specifications and the ProperlY Owner Noise Insulation Agreement Page 3 oj'25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12.Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insidalion Agreement Page 4 of 13. Pre-Existina Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all respe`nxiilit�yand liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Limitation on Alterations to the Pro arty The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Properly Owner Noise hisidalion Agreemew Page 5 of 25 17. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. ag'? during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsTb to the Property Owner for the proper maintenance of interior moisture and humidity levels. ProperlY Owner Noise Insulafion Agreemeol Page 7 qf 5 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor, 9. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Propero Owner Noise Insidalion Agreemeni Page 8 of'25 to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear" the title to the Property. 32.Aftachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B Legal Description of Property c. Exhibit C Program Improvements. d, Exhibit D Deficiency Hold Harmless Agreement e. Exhibit E Ventilation Hold Harmless Agreement 33. General Conditions. a, Governing Law Venue Interpretation, Costs 9 and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings Properly Owner Noise h7sulaflon Agreelnew Pcrqe 9 cif initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. gBjinuAdjin �ff�ot. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. d. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. a. Duration of Agreement, This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to effect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. f. Acceptance of Gifts, Grants Assistance Funds,, car ggggests. The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. g. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. i. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has Properly Owner Noise Insidalion Agreement page 10 of 25 I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Pro Owner NWA6! P(we 1 q/'2 � Property Owner Noise h7sulation Agreement Page 12 elf 25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v, Execution in Gaunter n arts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Hiss in a- Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written If MY �fo7gamre — -- F - � PPinted Name P, r �'C— - "., sig re j — '4a7ya- V1 zmlum� Pi I �opern 011 ner Noise Ins ulafion,4greement Page 13 ()J'25 WITNESSES: Signature Printed Name PROPERTY OWNER: .- 1 Signature STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of 1 20 by �- Pac Printed Name Signature Date Prin Name ITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date Prin Na MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: 1 WITNESSES: MAYOR: Signature Signature Printed Name Printed Name Signature Date Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of 1 20 by �- Pac PROGRAM POLICY STATEMENTS In Property Owner Noise Insulation Agreement A. Air ndiitioninga General Restrictions. While providing a new ductless "mini- split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums B. Window Sill Renlacernent. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. f _) Exhibil,4 - ProperiY Owner Noise 1 1 1w / 5 o ? have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Summarif of Asbestos Testiru & Findm__ F. Asbestos Abatement: Construction Re pair emeat o The presence of ACM in the KWBTS buildings will result in several new asbestos abatement requirements for the NIP to include - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windowsldoors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. ....................... 111-- .................... 111111111111111 Exhiba,4 .- Properiv Owner Noise Insidation Agreemeni Page 1 1 6 0 i"); - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: Pr miii oilliql, Owner ca rte nts The presence of ACM in the KWBTS buildings will result in several new property owner requirements to include - To accommodate this construction schedule, property owners will be required to vacate their condominium for a one (1) month period to allow for the efficient completion of the NIP construction. This will provide an array of advantages that will provide the potential for construction efficiencies to include: IK-vhibil' A .. Prop-orlY 0'�vner Noise Insulfflion AgrCIO)WHI In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings prior to NIP construction to provide sufficient space for required asbestos abatement containment areas. H. KWBTS BOARD Authority of Design Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1, Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes .......... --' L','xhibitA — P!'0,V sat 1 Noise InsulatiOn Agreement Pa, 1 of 2 5 LEGAL DESCRIPTION OF PROPERTY M Property Owner Noise Insulation Agreement UNIT 205-B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO OR599- 515 OR 16 -451 OR 65- 1251129 OR867-1568 OR2337-524/26 OR2422-1585/860 OR2508-1647D1 C .......... .... ............................. 1 1 P roperiy Owner No;.Ve fnndcdhm� A! I greenlen" rs 9 q1'25 PROGRAM IMPROVEMENTS In Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include: 0 Architectural Drawings 0 Energy Recovery Ventilator (ERV) unit 0 Electrical panel modifications (only if required) ....................................................... E,xhibU C- Proper!), Owner i'V"O"'Se h7sid"11101" 4,�zreenlenl Page 20 (,�/'25 DEFICIENCY HOLD HARMLESS AGREEMENT In Property Owner Noise Insulation Agreement Evhihit D - Properl Oivner Noise Ptige 21 qf-75 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective hairs, personal representatives, successors and assigns. Sig"Jure t L Printed Name PROPEFY OWNER: Si c.4 (a - ur e L e`s I w r�d��, Printed Name - 7C4 1 - 2 / 1 2 Date WITNESSES: Signature Printed Name Signature I Printed Name I I Signature Printed - Name PROPERTY OWNER: Signature Printed Name Date PROPERTY OWNER: Signature Printed Name Signature Date Printed Name Exhibit D - Nopel•1 Ouwci Voise h7sulcifioll Agivemew Nge 22 qf'25 VENTILATION HOLD HARMLESS AGREEMENT [a Property Owner Noise Insulation Agreement 3. Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited, Exhibil E - Property Owner Noise Insidalion Agreement Page 23 of 25 & The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. — S i i �Gre Pr;intelame ' L/ t- 4 - . - PROPF,RTY OWNER: -l' - CAj / -A IT nature - Le 1 ; (Aj. actd'e 11 Printed Name I Date' Printed Name Exhibii E - Pl Owiwi Noise h7sid(itioji Agi Pcige 24 of-2-5 WITNESSES: PROPERTY OWNER: Signature rated Name S � �76C - 6' — Name m . . . .......... ....................................................................................... . . . . WITNESSES: - — ---------------------------- . . . ........ . . ......... ...................... PROPERTY OWNER: . ....... . .... Signature ......................................................... Signature . .......................................................... Printed Name -------------------------------- ' n "' a "" M________ ture — ------------- Date Printed — Narne — ----- Exhibit E - Pi-qPei Owmx Noise hrsnlafiw Ag?vemew Aage 2 i of 25 Epr2pg!gg 2Lal _gy 2ann9d !u a: - ERget rn Tie Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows UNIT 207-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO O8615-341 OR950- 1 36R1 R 956-1919C OR 981-83 OR1034-417Q1 C R10 4 -418 O81251-107/08 OR1461-1843 R14 1 -5 7136F1J O81560 -24 6157 OR1900- 0/41 OR2397-1 10/11 CIT OR 2417-1647/49 OR2417-1650152 also identified as street address "2601 S. Roosevelt Blvd., Unit 207B" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the .......... .............. . ..................... . ................... — ----------- . .......................... — ---------------------------------------- Key West International Airport NIP -- Avigation Easement (Unit #2070 Page 1 of 4 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Agreement is executed as of the date first above written. PRO VRTY OVMR: Signature • - — Qj Printed Name Date STATE OF Tlnpc�n COUNTY OF PROPRRTY OWNER: i 61-- Signature% :S7-0=,4N; 3;; Printed Name, .v?- dl " Date 7 The foregoing instrument was acknowledged before me this 2 1 day of 7F`eb(I)OVIA 1 120_a by JC N) I - 6 ao)e acc; 51ela� `B),(3(oV)e,1 Property Owner Name(s) ti-AA1 Wtary Public Signature My Commission Expires: Mn 1 2 1 j 2-D 1 -1 .......... .. I .. . . . ............................................................ Key West International Airport NIP — Avigation Easement (Unit 420713) Page 3 of 4 JESSICA L STEIN h1 b-, A - J $ My COMMISSION #FF1000658 EXPIRES May 21, 2017 (407) .198,01 FloridaNalarySerwcu,00m 7 The foregoing instrument was acknowledged before me this 2 1 day of 7F`eb(I)OVIA 1 120_a by JC N) I - 6 ao)e acc; 51ela� `B),(3(oV)e,1 Property Owner Name(s) ti-AA1 Wtary Public Signature My Commission Expires: Mn 1 2 1 j 2-D 1 -1 .......... .. I .. . . . ............................................................ Key West International Airport NIP — Avigation Easement (Unit 420713) Page 3 of 4 RM The foregoing instrument was acknowledged before me this _ day of 20 M I as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public Signature My Commission Expires: Key West International Airport NIP — Avigation Easement (Unit #2070 Page 4 of 4 Address _KeyWestby_ the Sep Unit No.* B207 Name(s) Blache PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W IT IN E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property, and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport, and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows Property Owner Noise Insulation Agreement Page I of 25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Property Owner Noise Insulation Agreement 'age 2 of -75 7. Safe War ing Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible fore {1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity', (3) Refraining from aggressive physical contact', and (4) Insuring that all pets are completely secured and contained. c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Chances to Scone of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Property 0mier Noise Insulation Agreement Page 3 of 2S Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12.Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 13.Pre-Existina Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of 25 17. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. - ---------- Proper y Owner Noise Insulation Agreement Page 6 oj'25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the property owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement Page 7 of25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of 25 Property Owner Noise Insulation Agreement Page 9 of 25 Property Owner Noise Insulation Agreement Page 10 of 25 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Property Ovilner,'Voise Insidation.4greernent Page 11 of25 Property Owner Noise Insulation Agreement Page 12 of 25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Headings, Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written, Signature Ne Prihted Signature Printed Name PROP�RTY OWN * X Sigoture V.- SQ. I Y quv Printed Name Date Property Owner Noise Insulation Agreement Page 13 of 25 Sigirpture F"rinted Signature Printed Name PROPPM OWNER: ILA- Signaturej Printed Name ' 1 0 Date PROPERTY OWNER: men= � f - �r# Printed Name STATE OF FLORIDA COUNTY OF MONROE Em The foregoing instrument was acknowledged before me this _ day of 1 20 0 as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate, Notary Public Signature Propet•ty Owner Noise Insulation Agreement My Commission Expires: Page 14 of 25 PROGRAM POLICY STATEMENTS In Property Owner Noise Insulation Agreement A. Air Conditionin : General Restrictions. While providing a new ductless "mini- split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums B. Window Sill Rep!g2qment. Due to the presence of asbestos, the NIP will provide a now cu torn wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Exhibit A - Property Owner Noise Insulation Agreement Page 15 of 25 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Summary of Asbestos Testing A Finding- F. Asbestos Abatement: Construction !Ft2ggiL�ements The presence of ACM in the KWBTS buildings will result in several new asbestos abatement requirements for the NIP to include - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windows1doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit A - Pr opeqv Owner Noise Insulation Agreement Page 16 of 25 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: Prona"Y Owner RLe�iir rrt rat� The presence of ACM in the KVVBT buildings will result in several new property owner requirements to include - To accommodate this construction schedule, property owners will be required to vacate their condominium for a one (1) month period to allow for the efficient completion of the NIP construction. This will provide an array of advantages that will provide the potential for construction efficiencies to include Erhibit A - Property Owner Noise Insulation Agreement Page 17 ref f 25 - In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings pELor to NIP construction to provide sufficient space for required asbestos abatement containment areas. H. KVVBTS lBOARQAgjbgfqy f _2)f D _Qe2asjgfln io s. The KW °T Board gill have the _Qge�c�is Authority to make several of the Program design decisions to include 1. Acoustical Window and Door Material 2, Acoustical Window and Door Color and Hardware Finishes Exhibit A - Properly Owner Noise Insulation Agreement Page 18 of 25 LEGAL DESCRIPTION Property ner Noise Insulation Agreement UNIT 207-B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO 8615 - 341 R9 -1636 OR956 -19190 OR931 -33 R1034 -417 /G OR1034 -413 R12 1- 107/03 OR1461 -1343 1461- 537/63F/J R1560- 2456957 R1 00- 2440/41 82397- 110/11 1T R2417- 1647149 OR2417- 1650152 Exhibit B - Proper•ty Owner Noise Insulation Agreement Page 19 of 25 PROGRAM IMPROVEMENTS us Property Owner of Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include 0 Energy Recovery Ventilator (ERV) unit 9 Electrical panel modifications (only if required) Exhibit C - Property Owner Rise Insulation Agreement Page 20 of 25 DEFICIENCY HOLD HARMLESS AGREEMENT 30MIUM OR Property Owner Noise Insulation Agreement Exhibit D -- Property Owner Noise Insulation Agi•ement Page 21 of 25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 82 The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Sighpture I q I - Prin ed Name' Signature Printed Name PROPA?RTY OW �R: / l' � ZI Printed Name -Z.2e Date SiNature Printe Name .i Signature 41 Printed Name WITNESSES: Signature Printed Name Signature Printed Name PROPERTY OWNER: 4 Sign V 5T ifT�� Printed Name Date PROPERTY OWNER: Signature Printed Name Date Exhibit D - Progeny Ownet Noise Insulation Agreement Page 22 of 2S VENTILATION HOLD HARMLESS AGREEMENT OR Property Owner Noise Insulation Agreement Exhibit E - Property Owns?- Noise Insulation Agreement Page 23 of 25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. wI!f1gr Sir re Printed Name Ir Let -e�✓ Signature f Printed Name PROPEJtTY OWINgNR Sig9ture - 7 - Printed Name Date Exhibit E - Property Owner Noise Insulation Agreement Page 24 q(25 WIT TFA SignEl turp Printed Name Signature Printed Name PROPERLY" OWNER: c Signature Printed Name Date WITNESSES: Signature Printed Name Signature Printed Name PROPERTY OWNER: Signature Printed Name Date Exhibit E - Pi Owner Noise Insulation Agi Page 25 of 25 Pre are If and Return To: Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows UNIT 208-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO R59 -179 OR622- 123 OR806-369 R1066- 1024125 R197 -419 R113- 232612329 R1444- 2164165 OR161- 773175 OR2762-297198 also identified as street address "2601 S. Roosevelt Blvd., Unit 208B" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Key West International Airport NIP - Avigation Easement (Unit #208B) Page I of 4 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOO C a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by bath parties, and in consideration and incorporation into this Aviation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. by ........... t!:j,,LL4j . ...... 11- 2 i . . .............. Property Owner Name(s) /7 My Commission Exp.res: L IN tary Public Signature 2- Key West International Airport NIP - Avigation Easement (Unit #208B) Page 3 of 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: Signature Printed Name Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF MONROE Date The foregoing instrument was acknowledged before me this day of 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public Signature Key West International Airport NIP — Auigation Easement (Unit #20813) My Commission Expires: Page 4 of 4 0 E eta LU z LO t Address: . K�q �West �bthe �Sea Unit No.: B208 Name(s) Rqlpin WITN ESS ETH: Properly Owner Noise Insulation Agreement Page 1 of 25 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract, The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. --111- .................... 111-111- ..................... Fln)penY 0 Noise Insulation Agreement Page 2 olf'25 T. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: {1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact, and (4) Insuring that all pets are completely secured and contained. c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Chances to Scone of Work. The Program Manager reserves the right to make changes to The plans and specifications and the Property Oitwer Noise hisulatimi Agreeieei7t Page 3 of25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12, Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the PropertY Owner Noise Insulation Agreement Page 4 of 25 13. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15.1-imitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of 2J 17. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. 111-1- .................. 111— ................... f1j (' In od 1 6 of 25 )%vner J N`oise Insularlion A�r , e during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20.Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property owner for the proper maintenance of interior moisture and humidity levels. Pjoperijy owner Noise Insulation Agreement Page 7 cif 25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30, Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Properly Owner Noise Insulation Agreement Page 8 of 25 Property Owner Noise Insulation Agreement Page 4 of 25 Property Owner Noise Insulation Agreement Page 10 of 25 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. ............ 1-1- ............... 11-11 ................... 1-1111 .................... —111 ....................................... . Properf olvner A-"Wse Page 11 ol'2 Property Owner Noise Insulation Agreemeni Page 12 of 25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t, Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Headincta. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. PROPERTY OWNER: Date f Properf Owner Moise Insulation Agreement Pave 13 o - signature M � — PflnleA,epi Date f Properf Owner Moise Insulation Agreement Pave 13 o - [WITNESSES: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Printed Name STATE OF FLORIDA COUNTY OF MONROE ��� �. . C 0 E z ul) I .................. Pl-opep-tj Owner• Albive Insulatioii AgivemeW Page 14 of 25 PROGRAM POLICY STATEMENTS la Property Owner Noise Insulation Agreement A. Air Gonditionin : General Restrictions. While providing a new ductless "mini- split AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums B. Window Sill Replacement. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. - .............. .... --- ...................... . ................. 1111111111111 Exhg'bif A - F'roperf Owner N'o"-'Se Insulation A4-W'ecment Page 15 ql'25 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Summ of Asbestos Testin( A Fin clire fi F. Asbestos Abatement: Construction RengirpmPrits The presence of ACM in the KWBTS buildings will result in several new asbestos abatement requirements for the NIP to include - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windows1doors), approximately 4 feet from all walls and areas impacted by the NIP modifications, - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - TN C will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. ................. ..................... Exl"'iM A .. Proper'Y Oivner "N"'oLve Page 16 131 "25 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: Property Owner RLeq�ir r� rat� The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to include: ........... 11-1-- ..................... 11111111111111111111111111 1"'Vhibif A .. Properl" 0'vner)'Voise Insidarion Agreeinen! F- � 1 7 '25 In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings pljior to NIP construction to provide sufficient space for required asbestos abatement containment areas. 11-1-1-1 ...................... 111111111111111111111111111 Exhihhl Al - Propert Owner Abise Inste"'CHion Agreement Page Is of 25 LEGAL DESCRIPTION OF PROPERTY M Property Owner Noise Insulation Agreement UNIT 208-B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO OR599- 179 OR622-123 OR806-369 OR1068-1024/25 OR1097-419 OR1193-232812329 OR1 444-2164/65 R1561- 773175 OR2762-297198 .. . ............. -- .............. — --- ---- — ............... — .............. 11-1- ............. — --------- 1.11 ............. -- .......... j-. X111 1 17" 1 B 4 , wner "Noise Ins?"Intion Agreenulli PROGRAM IMPROVEMENTS In Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement packager ay include .......... —1- ..................... -1 — --------------------------- E C - ProperlY 0 Aloise Insidation Agreement Page 2 qf 25 DEFICIENCY HOLD HARMLESS AGREEMENT ka Property Owner Noise Insulation Agreement -1- ........... ............ - ................................... E'Al'bit D - Properfl; Owner ;'Vbise Insulaffon "49reenwill necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. WITNESSES: Signature Printed Name Signature Printed Name PROPERTY OWNER: gign C, Printed Nakne Date WITNESSES: Signature Printed Name Signature Printed Name WITNESSES: Signature Printed N ame Signature Printed Name Exhibit D Pi-opeitv Owner Noise Insulafion Agivement PROPERTY OWNIER: Signature PriFted Nam4 2,� Zl Jl � _ Date PROPERTY OWNER: Signature Printed Name Date Page 22 qf'25 C s: 0 (D E LU CL LO I VENTILATION HOLD HARMLESS AGREEMENT [a Property Owner Noise Insulation Agreement Exhibit E - Property Owner Noise Insulation Agreement Page 23 of 25 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. S I Sign ure 4- �-O L- Printed Name Signature ecd; Printed Name PROPERTY OWNER: 1�^ - -A Signature Printed,hame 0 Date Exhibit E - A - tv Ownei-.Voise h2sulation Agivement Page 24 of 25 11111EIIIIIIIIIIE I WITNESSES: PROPERTY OWNER: Signature Printed Name Signature Printed Name Signature Printed Name Date C 0 (D E LU a 0 CL z Lc) I Eyhibil E - Nopeav 0 Noise Insulation Agivemeill Page 25 o 2 EP r2 Ra[r2q_AyAaBgd _RR2et!uUfr na_ITEo: Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this J_L day of P'. ��, 1 2017 , by " ARR N S. ROSENFELD A DANA L. ROSENFELD", hereinafter referrdd to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." ........................... A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows UNIT 209-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR627-78 O81134 - 929 OR1359-282184 R23 -251 OR2354-20900 OR2734-282183 also identified as street address "2601 S. Roosevelt Blvd., Unit 209113" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Key West International Airport NIP — Avigation Easement (Unit #20wo Pagel of Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BO CC agree as follows 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BCC or its successor in interest as owner and operator of the Airport. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Agreement is executed as of the date first above written. STATE OF COUNTY OF LUOV14 MR 011 41", I The foregoing instrument was acknowledged before me this It" dav of 47r "- V -U 20 1 by Y Property Owner Name(s) HEATHER LYNNE SHANER ........... —INDIARY pUjy&TommIssIon Expires" lic Signature WORCESTER COUNTY MARYLAND My Commission Expires 01 -25 -2021 X-t I 9�,F/2 1 ....................................................................... Key West International Airport NIP — Avigation Easement (Unit A2095) Page 3 0 f 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF MONROE MAYOR: Signature Printed Name Date The foregoing instrument was acknowledged before me this day of by 20 as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature �fx O E eta LU z LO t Key West International Airport NIP — Avigation Easement {Unit #2095} Page 4 of 4 Address: I� West b the Spa Unit No.: B209 Name(s): Rosenfeld PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W I N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property, and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport, and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor') to provide the installation of the Program Improvements, and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager'), and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement Page I of 25 1 . Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Property Owner Noise Insulation Agreement Page 2 of 2 5 7. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity, (3) Refraining from aggressive physical contact, and (4) Insuring that all pets are completely secured and contained c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d, If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Chances to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insulation Agreement Page 3 of 2) Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Aroise Insulation Agreement Page 4 of 2S b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s) (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired, (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 13, Pre - Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15, Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of25 17.Cooperafion. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost io the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement Page 6 of 25 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20.Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement Page 7 oJ-25 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of 25 to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear' the title to the Property. 32.Aftachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A Program Policy Statements. b. Exhibit 13 Legal Description of Property c. Exhibit C Program Improvements. d. Exhibit D Deficiency Hold Harmless Agreement a. Exhibit E Ventilation Hold Harmless Agreement 33. General Conditions. a. i Law Venue Inte Dretation Costs and Fees. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings Property Owner Noise Insulation Agreement Page 9 of 25 Property Owner Noise InSUlation Agreement Page 1 0 of 25 --- -------- Property Owner Noise Insulation Agreement Page 11 of'25 Property Owner Noise Insulation Agreement Page 12 of -25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Name Q ktt� kj Printed Name Property Owner Noise Insulation agreement Page 13 of 25 STATE C3FFLORIDA COUNTY OF MONROE --------------------------------------'------------------- — f�Property O� y�i�����n���« � Page �nrmnmn - PROGRAM POLICY STATEMENTS NOMIUM in Property Owner Noise Insulation Agreement A. 8E Air Conditionin : General Restrictions. While providing a new ductless "mini- -IMMMM split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums B. Window Sill Replace ant. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Exhibit A - Property - Owner Noise Insulation Agreement Page 15 of 25 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Summanf of Asbestos Testing A Findi i ns F. Asbestos Abatement: Construction R2ggLrements The - presence of ACM in the TS buildings will result in several new asbestos abatement requirements for the NIP to include - Construction of ACM containment barriers in all areas (walls, ceilings, closets, window 'doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exh - ibit A - Property Owner Noise Insulation Agreement Page 16 of 25 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: Property Owner cair rn nts The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to include Exhibit A - Property Owner Noise Insulation Agreement Page 17 of25 In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings p_Cior to NIP construction to provide sufficient space for required asbestos abatement containment areas. ------------- Exhibit A - Property Owner Noise Insulation Agreement Page 18 of 25 LEGAL DESCRIPTION OF PROPERTY M Property Owner Noise Insulation Agreement UNIT 209-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO OR627- 78 OR1 134-929 OR1 359-282684 OR2352-251 R23 4 -20900 OR2734-282183 Page 19 of 25 Exhibit B - Property OwnerlVoise Insulation Agreement PROGRAM IMPROVEMENTS 110 Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include 0 Architectural Drawings - - - ----- Page 20 of 25 T - rhibit C - Pr oiler` Owner Noise Insulation Agreement .. / \ : /) / /5)$f \: .. ... W iiiiiiiiiiiiiii 11111111111111 11111 1111111111111 1111 -=�� 6. In the rare event "Severe" Deficiencies are identified during the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete Exhibit D - Property Owner Noise Insulation Agreement Page 21 of25 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Printed Signature -- !�V — (?- L-- -, &- - 1\ Printed Name PRO 1ERTY OWNER -CV Signawre WOU(Y' AA lVc-e 4 Printed Name --;I- IC t 1 -7 Date I I ES V) Islam Signature 9 L Printed Name WITNESSES: Signature Printed Name Signature Printed Name BE Exhibit D - Property Ownei Noise Insidation Ag?-eenzent Page 22 of 25 U) Q) E 0 E S C E 0) 0 CO 0 Q) E (D 0 (Z W L Z as 4i E cs In Property Owner Noise Insulation Agreement 1 In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property .2 described in the Agreement of even date herewith (the "Agreement") between the County .2) and Property Owner and to which this Exhibit E is attached, the undersigned, for and on 4 behalf of the undersigned and the heirs, personal representatives, successors, and a- z assigns of the undersigned, forever releases, remises, discharges, indemnities and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the (D property and the consequences thereof, and any of the foregoing which may accrue to E 0 the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against E said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. S 2. The Program Improvements may include the addition of acoustical w N windows and doors, removal and infilling of "through-wall" portable air conditioner units Tt and the addition of a replacement ductless "mini-split" air conditioning system. Because these modifications will result in a tighter interior environment due to the elimination of all passive inside / outside air leakage that was naturally occurring in all openings, the Program will also include the addition of a energy recovery ventilation (ERV) unit which will provide an adequate exchange of inside / outside air to the condominium as N required by building code. 3. Given the tightened interior environment of the treated condominium, the E Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 0 4. Due to FAA eligibility limitations, the Program will not be providing bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of (D E moisture generation in the interior environment of a condominium, the Property Owner (D agrees to assume full responsibility for ensuring that all bathrooms have an operable LU bathroom exhaust fan capable of properly exhausting bathroom moisture to the exterior LL z of the building. It should also be noted that the original KWBTS condominiums were constructed with a small wall vent that was designed to allow the passive exhaust of C: 0) E Exhibit E - Property Owner Noise Insulation Agreement Page 23 of 25 & The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. ERTY OWNER: Name Signature Printed Name Printed Name ';�, & Date I Exhibit E - Property Owner Noise Insulation Agreement Page 24 of 25 YI (D E 0 S C%I as E 0) 0 Co (V 0 (D E (D 0 M w L z as 4i E cs Sill tk-Qh� Printed We Signature L L ' Printed Name ESSES: I Signature Printed Name PROPS ATY OVYN ER: Signature JA Printed Name Date PROPERTY OWNER: Printed Name MM Exhibit E - Pi-opet-ty Owner Noise Insulation Agreement Page 25 of 25 Ur (D E 0 E S C as E as as cp as 0 (D E (D 0 M III L z as 4i E cs Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program d 20 ) ` THIS EASEMENT AGREEMENT is entered into thisA ay of by "THOMAS PETER BANG-KNUDSEN", hereinafter referred to as "the Propert wner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: UNIT 210-B GULF STREAM TOWER OF KEY WEST BY THE SEA A CONDO O8621-811 OR822- 22 6 OR1443-108/09 OR1570-2265166 O82554-373D/C OR 2554-374176 OR2682-350151 OR2809- 877/78 also identified as street address" "2601 S. Roosevelt Blvd., Unit 21O B" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Key West International Airport NIP — Avigation Easement (Unit #21013) Page 1 of 4 V Q) E 0 on CD N 4) E 0) 0 on 4) 0 Q) E Q) 0 M W L L z 4i E 0 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall a- include the right to generate and emit noise and to cause other effects as may be associated z , with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, during >- operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. Q) E 0 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in S interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BODO members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by " so N Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. 5 E 4. This Easement expressly excludes and reserves to the Property Owner and to the Property a' Q) Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable 0 physical damage to the property or injury to a person on the property by coming into direct 06 physical contact with the property or the person on the property. a: Q) E 5. Should either party hereto or any of their successors or assigns in interest retain counsel (D 0 M to enforce any of the provisions herein or protect its interest in any matter arising under this ` LL Agreement, or to recover damages by reason of any alleged breach of any provision of this z Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred 4 c ; : including, but not limited to, attorney's fees and costs incurred in connection therewith, including 4 E' appellate action. Key West International Airport NIP —Avigation Easement (Unit #210B) Page 2 of 4 V 4 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Agreement is executed as of the date first above written. PROPERTY OWNER: Signature a. i rei I STATE OF (2 S COUNTY OF PROPERTY OWNER: Date JESSICA L STEINBACH FF jobb 8 01 7] N 4 A ." � 2 2 MY COMMISSION #FFIC0068 EXPIRES May 21 � 2017 (407) 398-0153=FloridallotaryServict The foregoing instrument was acknowledged before me this 7-1 day of 7 f3f_ hqJ0 rt, 20a E Property Owner Name(s) My Commission Expires � -, 17 Ma r- , ) -01 Public Sianature Key West International Airport NIP — Avication Easement (Unit #21013} Page 3 of 4 W Is E 0 CD N 4) E as 0 M as 0 Is E Is 0 M W L z 4i E 0 al MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Printed Name Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _ day of 1 20_ E as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public signature My Commission Expires" Key West International Airport NIP — Avigation Easement (Unit #21013) Page 4 of 4 U) Q) E 0 4) E 4) 0 4) E 4) W L L z 4i E Address: _ Key West by the Sea Unit No.: B210 Name(s): _ - Knudsen PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W I T N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport', and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement Page 1 of 25 U) (D E 0 E so C E 0) (V CD as 0 (D E (D (A M W CL E 1 . Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida, The Easement remains in full force and effect and is hereby ratified in all respects. 3. Payment of Program Im-- --- - -- --- . The County agrees to pay for the Program Improvements described in Exhibit Q attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Properf Oivwer Noise 117SUI(It'(W. AgVeenzew Pa 2 of 25 U) (D E 0 N W E W 0 (D E (D W L L z as 4i E 7. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: {1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives (2) Refraining from verbal abuse or profanity, (3) Refraining from aggressive physical contact and (4) Insuring that all pets are completely secured and contained. b. In the event the Property Owner falls to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily (D suspended at any time. In such event, the Program Manager shall notify the Property E 0 Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the E Program process. c. In the event the Program process is not resumed due to the S Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be Ce liable to the County and/or Contractor for any and all damages and all direct and indirect N costs related to or caused by the temporary suspension of the Program process. 8. Construction During the construction period, the E Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also 0 be revised if there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors (D E and/or failure of the lowest responsive, responsible bidder to execute the (D contract, provide a payment and performance bond or show proof of LU required insurance. LL Z 9. Chances to Scope of Work. The Program Manager 0) reserves the right to make changes to the plans and specifications and the E Propert Owner Noise Insulation Agreement Page 3 of 25 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12.Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the Property Owner Noise Insulation Agreement Page 4 of 25 U) In E 0 S 73 no Ce 0`1 In E W 0 In E In (A M W L L z 4i E b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either z construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is (D E required with respect to construction warranty issues, and the one-year warranty period 0 from the general contractor has expired; (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 13. Pre - Existing Deficiencies. The Property Owner will be N required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will �and impute all responsibility liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. W E 14.Su Sus pensio n c L �s �f o P ro gram Process, The Program process as may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The 0 Program process will not resume until the Property Owner has corrected all 06 related problems to the satisfaction of the Program Manager. In the event r_ (D repairs are not completed in a timely manner, the Property Owner will be E liable to the County for any and all damages and all direct and indirect costs (D (A M due to delay and/or stoppages of the work. W LL z 15, Limitation on Alterations to the Property. The Property Owner agrees not to make alterations, or to permit any tenant occupying E any portion of the Property to make alterations to the existing windows, Property Owner Noise Insulation Agreement Page 5 of 25 17. Cooperation. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. P•open'y Owner~ Noise h7sielation Agreement Page 6 of25 U) (D E 0 N E as W 0 (D E (D W L L z as 4i E during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20.Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration, The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels, Property Owner Noise Insulation Agreement Page 7 of 25 U) (D E 0 E on S N W E 0) (D on W 0 (D E (D (A M W L L z 4i E 0 W salvaged, In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 30. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay Property Owner Noise Insulation Agreement Page 8 of 25 U) (D E 0 04 E 0) Q) W 0 (D E (D (A (Z W L L z as 4i E to the County the sum of One Hundred Dollars ($1100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear" the title to the Property. 32.Affachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference, a. Exhibit A Program Policy Statements. b. Exhibit B Legal Description of Property (D E c, Exhibit C'. Program Improvements. 0 d. Exhibit D Deficiency Hold Harmless Agreement a. Exhibit E: Ventilation Hold Harmless Agreement 33, General Conditions. a. Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State, (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the E County and Property Owner agree that venue will lie in the appropriate court or before 0) Q) the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of 0 06 them, the issue shall be submitted to mediation prior to the institution of any other r_ administrative or legal proceeding. (D E (4) The County and Property Owner agree that in the event any (D (A LU cause of action or administrative proceeding is initiated or defended by any party LL z relative to the enforcement or interpretation of this Agreement, the prevailing party shall ;j be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket C: 0) expenses, as an award against the non-prevailing party. Mediation proceedings E Property Owner Noise Insulation Agreement Page 9 of 25 14 initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. 5jDj1DR_EffgcL The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. d. Authority. Each party represents and warrants to the other that the t!! execution, delivery and performance of this Agreement have been duly authorized by all Ui (D necessary County and Property Owner action, as may be required by law. E 0 a. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by 42 the County and shall remain in effect for a period reasonably required to effect the Program Improvements (the "Term"), except as may be sooner terminated in S accordance with the provisions of this Agreement. f. Acceptance 2f Gifts Grants Assistance Funds or Be uests. The — be, County and Property Owner agree that each shall and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. g. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement', provided that all applications, E requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. h. Adjudication Acr 2f Qjyputes 2r Disagreements, The County and L_ _ as 0 Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any (D E party shall have the right to seek such relief or remedy as may be provided by this (D Agreement or by Florida law. W LL Z I. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that E upon a determination by a court of competent jurisdiction that discrimination has Property Owner Noise Insulation Agreement Page 10 of 25 I, Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Property Owner Noise Insulation Agreement Page 1I o l f 5 U) (D E 0 N as E as as W 0 (D E (D W L L z 4i E Property Owner Noise Insulation Agreement Page 12 of 25 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. v. Execution in Counterp This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. Property Owner Noise Insulation Agreement Page 13 of 2S U) (D E 0 C E 0) as 0) as 0 (D E (D (A M LU L L z as E WITNESSES: PROPERTY OWNER: Date PROPERTY OWNER: Signature !t z Signature 0 Printed Name Printed Name Signature I ' E D 0 Date Printed Name I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: .2 Date r- as Printed Name E WITNESSES: MAYOR: as as STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of 20 Signature Signature Printed Name as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate, Q) as Printed Name as Ce N Signature :L 1 C: Date r- as Printed Name E as as STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of 20 S 0 by Q) E as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate, Q) (A ai W L L My Commission Expires: z Notary Public Signature r 4 4 as E Pi-o . pei-ty Crivisso• Noise Insulation Agreement Page 1 4 of 25 PROGRAM POLICY STATEMENTS Um Property Owner is Insulation Agreement A. Air Conditioni General Restriction . While providing a new ductless "mini- split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums: B. Window Sill Replace ant. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. Exh ibit,4 - Pr operny Owner Noise Insulation Agreentent Pop 15 of 25 U) (D E 0 S N E 0 (D E (D W L L z 4i E have the option to replace the installed trim with other custom trim to match the existing materials and profiles. E. Summ of Asbestos Testi & Findi F. Asbestos Abatement: Construction Reguiremen s The presence of ACM in the KARTS buildings will result in several new asbestos abatement requirements for the NIP to include: - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windows1doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit A - Property OwnerNoise Insulation Agreement Pre 16 of 25 U) (D E 0 N E W 0 (D E (D W L L z 4i E - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: P[2pgAy Owner Requirements The presence of ACM in the KVVBTS buildings will result in several new property owner requirements to Include: Exhibit A -- Propeqy OwnerAToise Insidation Agreement Page 17 of 25 U) (D E 0 C E 0) (V 0) W 0 (D E (D (A M W L L z 4i E In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings pflgr to NIP construction to provide sufficient space for required asbestos abatement containment areas. H. KWlBTS IBOARQAgat t2fjty_2Lg2�i��i i r� . The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes Exhibit A - Property Owner Noise Insulation Agreement Pa,-e 1'R rd 2 5 1 Packet Pg. 653 ] LEGAL DESCRIPTION OF PROPERTY In Property Owner Noise Insulation Agreement UNIT 210-B GULFSTREAM TOWER OF KEY WEST BY THE SEA A CONDO OR621— 811 OR 22 -2233 OR1 443-108/09 O8157 — 2265166 OR2554-373D/C OR2554-374/76 OR2682-350/51 OR 2809-877/78 Fxhibit B - Properly Ouiner Noise Insidation Agreement Page 19 of 25 U) (D E 0 S N E as as as 0 (D E (D W L L z as 4i E PROGRAM IMPROVEMENTS In Property Owner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that Includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include: Exhibit C - Property Ov Noise Insulation Agreement Page 20 q 1 Q5 U) (D E 0 S C W E 0) (D 0) W 0 (D E (D (A M W L L z 4i E DEFICIENCY HOLD HARMLESS AGREEMENT fln Property Owner Noise Insulation Agreement 2. The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 1 The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Property Owner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either "Minor" or "Severe", 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete Exhibit - Property Owner iVoise Insulation Agreement Page 21 of 25 U) (D E 0 S N W E W 0 (D E (D W L L Z 4i E necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 8. The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Date PROPERTY OWNER: Exhibit D - Property Owner Noise Insulation Agreement Page 22 of 25 U) Q) E 0 C E 0) (V Co (V 0 Q) E Q) (A M W L L Z 4i E cs M %V ..... . . .... Elm kyl a MUMM 11-A.-IMMIAM AM in RIM![ J 1. In partial consideration of the compensation to be paid on behalf of the r_ County and the Program for the Program Improvements to be made to the Property .2 described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and z assigns of the undersigned, forever releases, remixes, discharges, indemnities and covenants not to sue, institute claims against, or institute any proceedings against, the A County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the (D E property and the consequences thereof, and any of the foregoing which may accrue to 0 the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against E said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. S 2. The Program Improvements may include the addition of acoustical windows and doors, removal and infilling of "through-wall" portable air conditioner units and the addition of a replacement ductless "mini-split" air conditioning system. Because these modifications will result in a tighter interior environment due to the elimination of all passive inside / outside air leakage that was naturally occurring in all openings, the Program will also include the addition of a energy recovery ventilation (ERV) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. 3. Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 0 4. Due to FAA eligibility limitations, the Program will not be providing bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of (D E moisture generation in the interior environment of a condominium, the Property Owner (D agrees to assume full responsibility for ensuring that all bathrooms have an operable LU bathroom exhaust fan capable of properly exhausting bathroom moisture to the exterior LL z of the building. It should also be noted that the original KWBTS condominiums were constructed with a small wall vent that was designed to allow the passive exhaust of E Exhibit E - Property Owner Noise Insulation Agreement Page 23 m`25 bathroom moisture in a central budding exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condilion, these original wall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and /or gases into the condominium interior. The Property Owner agrees to assume full responsibility for the sealing of original wall vents in all bathrooms and for any and all negative impacts that may result if left untreated. 5. It is dearly a building code violation to duct laundry dryer exhaust to the KWBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to correct this deficiency by property exhausting their laundry dryer exhaust in an alternative method that meets current building code, at their cost before the initiation of the Program construction process. Furthermore, the Property Owner agrees to assume any and all liability related to the improper ducting of their laundry dryer exhaust. 5. The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property Owner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and nation of the NIP venting modifications after completion of the Program Improvements. 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 7 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew, - and/or lack of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. Signature _ 00,Lol X-.*-k t /sy Printed Name Signature Printed Name PROPERTY OVMER: Printed Name O� -of -moo► 1 Date Exhibit F - Property Owner Norse Insulation Agreement Page 24 of 25 Printed Name Printed Name U) (D E 0 S C as E as as 0) as 0 (D E (D (A M w CL 5E as 4i E Exhibit f - Pp-ope?-O Ownep- jVoisse Insulation Agivement Page 25 oj'25 Prepared,,By and Return To: Heather P. Paused: NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 THIS EASEMENT AGREEMENT is entered into this .2 r of '!�:,:! L , i 1 20 C7 , by "LEONARD A. FASANO & CAMILLE FASANO", hereinafter rE& As' he - Property Oi�ner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." A. The Property Owner is the fee simple titleholder to certain real property ("the Property") located in Monroe County, Florida, more particularly described as follows: also identified as street address "2601 S. Roosevelt Blvd., Unit 211113" B. The BOCC is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"), D. The funding source for said NIP will include funding from the United States Government pursuant t® the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. Key West International Airport NIP -- Avigation Easement (Unit #21 B) Page 1 of 4 Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100,38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. ffru�77� it and in consideration and incorporation into this Avigation Easement of the recitals set forth abov the Property Owner and the BOCC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the B. This Easement Agreement is executed as of the date first above written. HM STATE OF -- f, 0, ng, afl UA,4 COUNTY OF -- L!9,2 -y- The foregoing instrument was acknowledged before me this 91 5 day of 20 by Property Owner Name(s) EMMMM My Commission Expires: t West International Airport NIP — Avigation Easement (Unit #21113) Page 3 of 4 Packet Pg. 663 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: Signature Printed Name Signature MAYOR: Signature Printed Name Date Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of , 20 .'7l as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public Signature My Commission Expires: T� s� Tf7 Key West International Airport NIP — Avigation Easement (Unit #21113) Page 4 of 4 Address: 1st b the boa Unit No.: B211 Narne(s): Fasano THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"), W I T N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B i attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property, and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements, and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"), and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: Property Owner Noise Insulation Agreement Page I nf:?5 I Packet Pg. 665 1. Grant of Easement, Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. Payment of Program Improvements, The County agrees to pay fo r the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and prm h erfoed by te Contractor, 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Property Owner Noise Insulation Agreement Page 2 of25 I Packet Pg. 666 7. Safe Wor i n En vironment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity, (3) Refraining from aggressive physical conta& and 9 (4) Insuring that all pets are completely secured and contained c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Chan _qesto......,,, Scope ......,,ofWork. The Program Manager reserves the right to make changes to the plans and specifications and the Property Owner Noise Insulation Agreement Page 3 of25 I Packet Pg. 667 Program Improvements, at its sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in ' Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12.Warranties. The County does not represent or warrant t"I mevel of noise reduction that the Property Owner will experience within t Property as a result of the Program Improvements performed as part of t Program. I a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of tho- Property Owner Noise Insulation Agreement Page 4 o 2 I Packet Pg. 668 b. In the following instances, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s). (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 13. Pre-Existina Deficiencies, The Property Owner will required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which impute all respon �ibirliyand liability to the Property Owner for any and Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Limitation on Alterations tg_jbg Prope . The Property Owner agrees not to make alterations, or to permit any tenant occupyinU any portion of the Property to make alterations to the existing windows, Property Owner Noise insulation Agreement Page 5 nf ;, 1 Packet Pg. 669 1 7.,Coope ratio As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, '© removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. Property Owner Noise Insulation Agreement Page 6 of 25 1 Packet Pg. 670 during the established construction period due to safety concerns and the potential to negatively impact the Contractor. 20. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 22. Federal Assurance, As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. Property Owner Noise Insulation Agreement Page 7 0 2 I Packet Pg. 671 salvaged. In the absence of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 29.Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. Property Owner Noise Insulation Agreement Page 8 0 2 I Packet Pg. 672 to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear" the title to the Property. 32.Aftachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A Program Policy Statements, b. Exhibit B Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement a. Exhibit E Ventilation Hold Harmless Agreement 33. General Conditions, a. Governing Law,, Venue, Interpretation, ....Cosh ., and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administratival proceeding is instituted for the enforcement or interpretation of this Agreement, thre County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida, (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, Mediation proceedings Property Owner Noise Insulation Agreement Page 9 nf 2.5 1 Packet Pg. 673 initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Bind The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. 1 11aw-VA-4 I Imam a. Duration of Agreemen . This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by 'the County and shall remain in effect for a period reasonably required to effect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. f. . AcceD once of giftL Grants, Assistance Fu,nd,s,, or Bequests, The County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. g. Claims for Federal or State Aid, The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. L Nond iscrim I nation. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has Property Owner Noise Insulation Agreement Page 10 of25 I Packet Pg. 674 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Property Owner Noise Insulation Agreement Page 11 "'r "' I Packet Pg. 675 Pr•opegy Owner Noise Insulation Agreement Page I2 Packet Pg. 676 statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. t. Aftestations. The Property Owner agrees to execute such - ON twt It I r-1111MER IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written, WITNES PROPS OWNER: Sign r SignatTee' Print6b Printed Name !LU _V1 Date r7 Property Owner Noise Insulation Agreement Page 13 Packet Pg. 677 WITNESS Sig PROPERTY OWN Signature /?", LO : T �Stt4 C) Printed Name Date ame WITNESSES: Signature Signature Signature Date Printed Name MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: ammm Printed Name STATE OF FLORIDA COUNTY OF MONROE 11� 0 eta E W LL z Ul) I Property Owner Noise Insulation Agreement Page I4 1) C 'I Packet Pg. 678 lip 11 # M ti 6n rZi '1,11:11,11SM: A. it Cond,itioning: General Restrictions. While providing a new ductless "mini- split" AD system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums: B. Window SR11 Replacement. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies, Exhibit A - Property Owner Noise Insulation Agreement Forge .1 "' I Packet Pg. 679 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. mm��qyml M F. Asbestos Abatement: Construction Reguirements; The presence of ACM in the KWBTS buildings will result in several new asbestos abatement requirements for the NIP to include - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windooes1doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. Exhibit A - Property Owner Noise Insulation Agreement Page] "I I Packet Pg. 680 - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. G. Asbestos Abatement: Prope!jy Owner Reguirements The presence of ACM in the KWBTS buildings will result in several new property owner requirements to include: To accommodate this construction schedule, property owners will be required to vacate their condominium for a one (1) month period to allow for the efficient completion of the NIP construction. This will provide an array of advantages that will provide the potential for construction efficiencies to Include Exhibit A - Property Owner Noise Insulation Agreement Page I P I I 'I Packet Pg. 681 In the event a condominium has excessive furniture and furnishings, the property owners will be required to remove all excessive furniture and furnishings pLior to NIP construction to provide sufficient space for required asbestos abatement containment areas. 015T "S 11 Exhibit A - Property Owner Noise Insulation Agreement Page 1 I Packet Pg. 682 fill 1 1 1 1 ! 1 1 1 3 1 1! !Ill �. �. Exhibit B - Property Owner Noise Insulation Agreement Page ' " „ Packet' Pg. 68'3 wo A typical Program Improvement package may include 0 Architectural Drawings 0 Replacement Aluminum Acoustical Windows 0 Replacement Aluminum Acoustical Swinging Prime Door(s) 0 Ductless Mini-Split Air Conditioning System Modifications and Wall Pilasters 0 Energy Recovery Ventilator (ERV) unit 0 Electrical panel modifications (only if required) Exhibit C - Property Owner Noise Insulation Agreement Page r I I - 1 Packet Pg. 684 ..... ... . ..... .... r mman W 3. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 2FREMMUMMM 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies, & In the rare event "Severe" Deficiencies are identified during the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete Exhibit D - Property Owner Noise Insulation Agreement Page*" I Packet Pg. 685 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work, & The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. ME PROPERTY OWNER: — 4 1-- S e / Signature - - 1 1 rylt - 6V- Printed Name I WITN CERAMIC Signature a� q UQ— Printed Name I v7 Date 9 PROPERTY OWNER: C Signature Car :( U �SCAn c) Printed Name Date WITNESSES: Signature Printed Name Signature Printed Name PROPERTY OWNER: Signature Printed Name Date Exhibit D - Property Owner Noise Insulation Agreement Page - I Packet Pg. 686 M - A-1 i flWYNI rol . ' ZI . AMIRM W - .1 WR Jfll I Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. Exhibit E - Property Owner Noise Insulation Agreement Page')" I Packet Pg. 687 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heir nal representatives, successors and assigns, S .y r M PROPERTY OWNER: 12 Date MM Exhibit E - Property 0tivner Noise Insulation Agreement Page 2' -r— I Packet Pg. 688 WITNESS PR PERTY OWN R: Signatu ( �L " Signature l Prin Name v C.a n O IC2 -- ruSc�- Printed Name Sign ure 2 I a ' )/,7 I i ✓Y1f/�' \l� Date WITNESSES: Signature Printed Name Signature Printed Name PROPERTY OWNER: Signature Printed Name Date Ex hibit E - Property Owner Noise Insolatiorr Agreement F'cr�e 2 '" Packet Pg. 68'9 Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport is Insulation Program THIS EASEMENT AGREEMENT is entered into this;X ay of 20 by "GARY L. HAISMA", hereinafter referred to as "the Homeowner," in favor of the MOO OE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." A. The Homeowner is the fee simple titleholder to certain real property ("the Property') located in Monroe County, Florida, more particularly described as follows LT 79 mN AMENDED PLAT OF RIVIERA SHORES FIRST ADDN P135-88 R50 -857 OR679- 8931894 OR987-1832 OR 2277-2450 OR2676-1969D/C OR2735-2139140 also identified as street address "2827 Venetian Drive " F. The Homeowner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on December 19, 2013. Key West International Airport NIP — Avigation Easement (2827 Venetian Drive) Page 1 of 4 G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, forand in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Homeowner and the BOCC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 6. No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 7. No breach of any provision of this Agreement maybe waived unless in writing. Waiver of anyone Key West International Airport NIP — Avigation Easement (2827 Venetian Drive) Page 2 of 4 9. The Homeowner agrees that the Homeowner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. This Easement Agreement is executed as of the date first above written. M Printed Name Date STATE OF F I COUNTY OF HOMEOWNER: The foregoing instrument was acknowledged before me this day of 20_j by Homeowner Name(s) My Commission Expires: Key West International Airport NIP — Avigation Easement (2827 Venetian Drive) Page 3 of 4 JE JESSICA L STEINBACH BEACH NA I q ty y COMMISSION #FF100068 F 00 :F E) 1 20 EXPIRES may 21, 2017 7] (407) 398-0153 The foregoing instrument was acknowledged before me this day of 20_j by Homeowner Name(s) My Commission Expires: Key West International Airport NIP — Avigation Easement (2827 Venetian Drive) Page 3 of 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: Signature Printed Name Signature Printed Name STATE OF FLORIDA COUNTY OF MONROE MAYOR: Signature Printed Name Date The foregoing instrument was acknowledged before me this day of , 20 ETA as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public Signature My Commission Expires: Key West International Airport NIP - Avigation Easement (2827 Venetian Drive) Page 4 of 4 C-8-e Address: 2827 Venetian Dr. Name(s): Haisma IT NESS ETH: Homeowner Noise Insulation Agreement Page I of 21 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Homeowner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. tPgayMmgeDnLtpofProgram _lrovements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the omeowner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract, The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager, Homeowner Noise Insulation Agreement Page 2 of 21 7. Safe Working Environment. The Homeowner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Homeowner shall be responsible for; {1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity (3) Refraining from aggressive physical contact, and (4) Insuring that all pets are completely secured and contained c. In the event the Program process is not resumed due to the Homeowner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Homeowner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Homeowner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. required insurance. 9. Chances to Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its sole discretion, at any time during the Homeowner Noise Insulation Agreement Page 3 of 21 Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 12. Warranties. The County does not represent or warrant the level of noise reduction that the Homeowner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 9. In addition, the Program Manager will provide the Homeowner Noise Insulation Agreement Page 4 of 21 13. Pre-Existing Deficiencies. The Homeowner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all resp�n �,biriiTyand liability to the Homeowner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Limitation on Alterations to the Property, The Homeowner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must Homeowner Noise Insulation Agreement Page 5 of 21 17. Coo peration. As reasonably requested, the Homeowner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Homeowner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. 20. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. Homeowner Noise Insulation Agreement Page 6 of 21 22. Federal Assurance. As required by the Federal Aviation Administration, the Homeowner agrees to the following provisions a. The Homeowner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Homeowner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Homeowner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Homeowner for the proper maintenance of interior moisture and humidity levels. 25. Property qrty lnsurnce- the Contractor will provide builder's Homeowner shall have the option, During Program construction period, risk insurance for the Property. The at the Homeowner's sole cost and Homeowner Noise Insulation Agreement Page 7 of 21 expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Homeowner understands that, following final completion, the Contractor's builder's risk insurance will cease and it is advisable for the Homeowner to obtain insurance to cover any value added to the Property by the Program. 29, Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 31.Authorit)t To Execute On Behalf Of County. By Resolution No. 111-2004, duly motioned and passed at a lawfully announced public Homeowner Noise Insulation Agreement Page 8 of 2l meeting, the Board of County Commissioners of Monroe County, did, on the `17th day of March, 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 32, Attachments, Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit E Ventilation Hold Harmless Agreement 33, General Conditions. a. nd Fees. Homeowner Noise Insulation Agreement Page 9 of 21 Homeowner Noise Insulation Agreement Page 10 of 21 n. No Solicit ation/P;avment. The County and Homeowner warrant that, in respect to itself, it has neither employed nor retained any company or person, Homeowner Noise Insulation Agreement Page 11 of 21 Homeowner Noise Insulation Agreement Page 12 of21 of individuals, entity or entities, have an separate and apart, inferior to, or sups purposes contemplated in this Agreement. titlements or benefits under this Agreement nor to the community in general or for the t. Attestations, The Homeowner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Homeowner under this Agreement. IN WITNESS WHEREOF, the Homeowner and the County have executed this Agreement as of the day and year first above written. sigriature q 4 � A, - � , Printed Name Signature Printed Name WITNESSES: Signature Printed Name Signature Printed Name HOMEOWNER: Signature Printed Name Date OWN Printed Name Date I A I 1i Homeowney- Noise Insulation Agreement Page 13 of 21 WITNESSES: Signature HOMEOWNER: Printed Name Signature Printed Name Date MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES. Signature Signature Printed Marne STATE OF FLORIDA COUNTY OF MONROE 3ENIM Signature Printed Name Date The foregoing instrument was acknowledged before me this _ day of 1 20_ by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate, Notary Public Signature My Commission Expires: Homeowner Noise Insulation Agreement Page 14 of 21 0 rya (D E eta to CIL I Un Homeowner Noise Insulation Agreement A. Window Sill Rtplacernent. Due to the thickness of the new aluminum acoustical dou ung windows, existing sills may need to be replaced as a part of the installation process. Existing wood sills will be replaced by new wood sills. Existing tile sills will be replaced by new marble sills. Homeowner Noise Insulation Agreement Page 15 of .21 021 € € .111151 LT 79 KW AMENDED PLAT OF RIVIERA SHORES FIRST ADDS P135-88 R502 -857 ( 679 - 393/694 R9 7 -1332 OR2277 -2450 82676 -1 6 /G OR2735- 2139/40 Homeowner Noise Insulation Agreement Page 16 of 2l w Homeowner is Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include: 0 Architectural Drawings 0 Replacement Aluminum Acoustical Windows 0 Replacement Aluminum Acoustical Swinging Prime Door(s) 0 Replacement Acoustical French Doors (if present) Replacement Aluminum Acoustical Sliding Glass Patio Door (if present) Homeowner Noise Insidation Agreement Page 17 of DEFICIENCY HOLD HARMLESS AGREEMENT In Homeowner Noise Insulation Agreement Homeowner Noise Insulation Agreement Page 1 8 of 21 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. WITNESSES: , I S* 6 tu - c - Printed Name Signature� Printed Name HOMEOWNE Printed Name - HOMEOWNER: Homeowner Noise Insulation Agi Page 19 of 21 MONMIAlk imm= w Homeowner Noise Insulation Agreement Page 20 of 2l 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. nmmm IT S P .......... .............. Signature Printed Name mm HOMEOWNER: Printed Name I'll M Homeowner Noise Insulation Agreement Page 21 of 21 ELe�art� y and Rt�zrrl T'�e Heather P. Faubert NIP Assistant Project Manager THC, Inc. 3300 Breckinridge Blvd., Suite 200 Duluth, GA 30096 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this ' Vday of ���``7 $ 20�, by "MICHELLE KEEVAN HALPERN REVOCABLE TRUST", hereinafl:4 referred to as "the Homeowner," infavorof the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." UNNIFIRM A. The Homeowner is the fee simple titleholder to certain real property ("the Property') located in Monroe County, Florida, more particularly described as follows: LT 35 KW AMENDED PLAT OF RIVIERA SHORES FIRST A N P135-88 R41 - 236/87 OR637- 514 R90 -662 R1 - 1056159 O81524-1060/63 OR2545-1915DIC also identified as street address: "1717 Jamaica Drive " B. The BODO is the owner and operator of Key West International Airport ("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. F. The Homeowner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on December 19, 2013. Key West International Airport NIP — Avigation Easement (1717 Jamaica Drive) Page 1 of 4 G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. K It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE, forand in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Homeowner and the BOCC agree as follows: 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 6, No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one Key West International Airport NIP — Avigation Easement (1717 Jamaica Drive) Page 2 of 4 9. The Homeowner agrees that the Homeowner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOICC. This Easement Agreement is executed as of the date first above written. HOMEOWNER: EM I STATE OF i r tr�n. COUNTY OF M I? HOMEOWNER: Key West International Airport NIP -- Avigation Easement (1717 Jamaica Drive) Page 3 of 4 JESSICA L STEINBACH SSION # FF 10 A MY COM S, (407) 3980153= May 21, 2017 t Fiorid�iNoaryService.com MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Printed Name STATE OF FLORIDA COUNTY OF MONROE N11113M= The foregoing instrument was acknowledged before me this — day of 1 20 M as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary Public Signature My Commission Expires 0 (D E Lu z Us I Key West International Airport NIP — Avigation Easement (1717 Jamaica Drive) Page 4 of 4 C-8-e Address: 1717 Jamaica Drive Narne(s): Halpern HOMEOWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Homeowner"). W IT IN E S S E T H: WHEREAS, the Homeowner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit A attached hereto (the "Property"), and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property, and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"), and WHEREAS, the Homeowner and the County mutually desire to agree to the terms upon which the Homeowner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein, NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Homeowner and the County hereby agree as follows Homeowner Noise Insulation Agreement Page I of 21 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Homeowner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 3. LP2ayMment of Pro ram I m Drove ments. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Homeowner and County, managed by the Program Manager, and performed by the Contractor. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Homeowner Noise Insidation Agreement Page 2 of 21 7. Safe Workino Environment. The Homeowner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Homeowner shall be responsible for (1) Providing a working environment that is free from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives, (2) Refraining from verbal abuse or profanity, (3) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. c. In the event the Program process is not resumed due to the Homeowner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Homeowner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Homeowner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Changes to Scone of Work The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its sole discretion, at any time during the Homeowner Noise Insulation Agreement Page 3 of 21 Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. Emil= 12. Warranties. The County does not represent or warrant the level of noise reduction that the Homeowner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 9. In addition, the Program Manager will provide the Homeowner Noise Insulation Agreement Page 4 of 21 13, Pre - Existing Deficiencies. The Homeowner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Homeowner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Limitation on Alterations to the Proerty. The Homeowner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must Homeowner Noise Insulation Agreement Page 5 of 21 17. Cooperation. As reasonably requested, the Homeowner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. 18. Utilities. The Homeowner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. 20. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. Homeowner Noise Insulation Agreement Page 6 of21 22. Federal Assurance. As required by the Federal Aviation Administration, the Homeowner agrees to the following provisions: a. The Homeowner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Homeowner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 23. Reduction of Fresh Air Infiltration. The Homeowner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Homeowner for the proper maintenance of interior moisture and humidity levels. 25.RP!rpo2:)qAy_Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Homeowner shall have the option, at the Homeowner's sole cost and Homeowner Noise Insulation Agreement Page 7 of expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Homeowner understands that, following final completion, the Contractor's builder's risk insurance will cease and it is advisable for the Homeowner to obtain insurance to cover any value added to the Property by the Program. 29. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 31. Authority To Execute On Behalf Of Counts. By Resolution No. 111-2004, duly motioned and passed at a lawfully announced public omeowner Noise Insulation Agreement Page 8 of 21 meeting, the Board of County Commissioners of Monroe County, did, on the 17th day of March, 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the a. Governing Law Venue Interlor t tion osts and Fees. Herneou Noise Insulation Agreement Page 4 of 2l Homeowner Noise Insulation Agreement Page 10 of 21 n. No Solicitation/Payment, The County and Homeowner warrant that, in respect to itself, it has neither employed nor retained any company or person, Homeowner Noise Insulation Agreement Page 11 of 21 Homeowner Noise Insulation Agreement Page 12 of 21 of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Affectations. The Homeowner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Homeowner under this Agreement. v. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the Homeowner and the County have executed this Agreement as of the day and year first above written. WITNESSES: IMM gm� Printed Name H O NER: Signatur Homeowner Noise Insulation Agreement Page 13 of 2l MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: 3ENOM The foregoing instrument was acknowledged before me this _ day of E as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate, Notary Public Signature My Commission Expires: M Homeowner Noise Inselation Aga Page 14 of21 HOMEO E Wuv e ... .......... ... ....... ... ...... .... . .............................. . ....... . .... Si �nf ore Printed.,Wam Printed me ..................... ...................................... Sig re AL— Date Printed Name MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: 3ENOM The foregoing instrument was acknowledged before me this _ day of E as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate, Notary Public Signature My Commission Expires: M Homeowner Noise Inselation Aga Page 14 of21 PROGRAM POLICY STATEMENTS In Homeowner is Insulation Agreement A. Window Sill R2placement. Due to the thickness of the new aluminum acoustical dou ung windows, existing sills may need to be replaced as a part of the installation process. Existing wood sills will be replaced by new wood sills. Existing tile sills will be replaced by new marble sills. Homeowner Noise Insulation Agreement Page 15 of 21 In muii: is LT 35 KA/ AMENDED PLAT OF RIVIERA SHORES FIRST ADDS P135-88 OR412- 236/37 R637 -514 OR902 -632 OR1524- 1053!59 OR1524- 1060163 R2545- 11/ Homeowner° Noise Insulation Agreement Page 16 cif 21 w Homeowner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include 0 Architectural Drawings 0 Replacement Aluminum Acoustical Windows 0 Replacement Aluminum Acoustical Swinging Prime Door( s) 0 Replacement Acoustical French Doors (if present) 0 Replacement Aluminum Acoustical Sliding Glass Patio Door (if present) Homeowner Noise Insulation Agreement Page 17 of DEFICIENCY HOLD HARMLESS AGREEMENT In Homeowner Noise Insulation Agreement Homeowner Noise Insulation Agreement Page 18 of 21 8. The undersigned hereby agree that the terms and provisions of this Exhibit D shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. HOMEOWNER: HOMEOWNER: �10 Printed Name OHNISIAMM I= Homeowner Noise Insulation.4greement Page 19 of UNUM141.1 FOOMMIA M Homeowner is Insulation Agreement Homeowner Noise Insulation Agreement Page 20 of 21 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. wl�nss ig ature PrintgMame 0 Signatui �' �F jo— Printed Name HOME�O,Wh;ER: MW lll�io��lM Printed Name Homeowner Noise Insulation Agi-eement M