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09/18/2019 Agreement/Easement-C103 �d. eY Clerk of the Circuit Court&Comptroller®Monroe County Florida DATE: April 21, 2020 i Uto,Airports Business Manager . qISUBJECrt : September 18, 2019e 1 , 2020 BOCC Meetings Enclosedis the diumh drive with dieNoise Insulation Agreements (both documents scannedone document for sixty-five participating units at y West by the Sea for the Key West International Airport Noise 'on ConstructionProgram Building C je o enclosed are the originally recorded Easements for THCs record. Sliould you liave any questions,please feel free to contact me at(305) 5 . CC: County Attorney Finance ` e MARATHONKEYWEST PLANTATION .. BUILDING 3117 Ovemas HighwayiPoint Road Key ®Rodda 33040 Marathon,Florida 33050 Plantation Ke%Rodda 33070 Plantation ,flolda 0 - 1 - 1305-852-7145 Heather P. Faubert DOC 0 2263705 MW 3018 NIP Assistant Project Manager Recorded C21/2027010; 9 AM PW'of4 THC, Inc. 710 Deculaft 1 Dacula, GA 30019Filed and Rworded in OffloW Rwords o AVIGATION EASEMENT Key West International Airport Noise Insulation Program l 1 i �� „`4ELLIOTT, I L ina.14,, r d to as "the Property Owner,wi r of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, politic hereinafter referred to as "BOCC.m RECITALS: A. The Property Owner is the fee simpletitleholder to certainI property " located in MonroeFlorida, i tdescribed follows: Condominium nit 103-C, KEY WEST BY THE SEA, a Condominium, together with an undivided interest in the common elements, according cl r iCondominium recorded in Official Records Book 589, Page 370, as amendedr time i li Records o Monroe also identified t : "2801 S. Roosevelt Blvd., Unit C103" B. The BOCC is the owner and operatorofInternational i (uthe Airportm) desires to make propertiesinterior i rtesting, i incompatible as a result of theit exposure to aircrafti r residential purposes through the implementation of a Noi Insulation Program ("NIP"). UnderC. the NIP, the Airportill design and install or pay for the installation improvements and modificationsto reduce interior noise levels at least riaverage interior noise level below dB in accordance withI Aviation Administrationli ing of an Avigation Easement ("Easement") is iCon of participation in the NIP. ill supersede any implied r prescriptive easements that the BOCC may haveobtained under applicable laws. fundingD. The rce for said NIPill include fundingiGovernment pursuant to the Airporti Improvement Act of 1982, and will include funding from the BOCC, actingin its capacityr and operator of the Airport. PropertyE. The r desires to participatein the NIPinto a Property . ....._. _. _.. Key t I o a al I —Avigallon Easement(Unit ) a f Owner 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 aftenuation construction on all eligible residential structures on the property necessary to achy eve a reduction in DNL indoor noise levels of at least 5 dB and bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration P . R The Property Owner fully understands that the NIP eligibility could change at sorne fOture, time, but is currently based on the 2013 E-kisting Condition Noise Exposure Adep accepted by the Federal Aviation Administration ("the FAA") on December 19, 201& G. The NIP will be administered in accordance with the current F-AA Order 5100.38, Airport Improvement Program Handbook. 11. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set tooth. 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 acknovAedged by both parties, and in =sIderation and Incorporation into this AvIgation Easement of the recitals set forth above, the Pnoperty Owner and the BOCC agree as follows, I. 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 per;,)etual avigation easement over the property, The use of the Easement shall include the right to generate. and emit noise and to cause other effects as may be associate with the operation of aircraft over or in the vicinity of the pry peity. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whab.1ver forrn or type, during operation at, on, to orfrorn the Airport, and it being the intent of the parties that all such Airport activity shall be deerned to be included within the purdew of this Easement. 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 interest,does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, offiwrs, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's bees or causes of action of every kind or nature for which the Property Owner or iLe heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of A4iort operations or airroaft activifles and noise levels related to or generated by 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. ........................---... ......... ...... --, I "I'll", - ....................................................................... Key West I Airport NIP—AvIgadon Easement(UnkOC103) Page 2 of 4 4. This Easement expresslyI r r and to the Propertyi i in interest, claims, demands, debts, liabilities, r r causes of actionr physical damage or personal injury caused by any aircraftr part of any aircraftusing Easementthe that does identifiable physi f damage to the propertyr injury comingon the property by into i physical contact withr r the person on the property. Should5. i t party hereto or any of their successors or assigns in interest retain counsel to enforcer i i i r protect its interest i r arising r thisr to recover damages by reason of any alleged any provision this ilishall be entitledII costs, damages and expenses incurred including, limited r incurred in connectioni , including appellateaction. provision this is to be interpreted r against any party because that party or that party's legal representative draftedprovision. i I be interpreted trued according to the laws of the State of Florida. ® No breach of any provisioni ived unless in writing. Waiver of any one breach of any provision i t shall not be deemed to be a waiver of anyotherbreach of the same r any other provision of thisAgreement. This may be amended only by written instrument executed by the partiesin interest at the time i t ti . In the event that any one or more covenant, condition provision i i is held invalid, void orill jurisdiction, ll be deemed severableremainder of this and II in no way affect, impair or invalidate vi i long as the remaining pr vi i t ri II alter the rights obligations i . I such condition, r other provisionIf be deemed invalid i r breadth, ii r other provisionl I the extent breadthof the scope or i law. . In the event the Airportshall be subdividedinto more than one parcel, or the Airport portionjoperation, t or administration in addition to or in lieu of the BOCC, then and in that event the parties agree that same shall not terminate or otherwisei long as a portionAirport continuesrate for standard airport flight purposes, and that any such successor in interest t II be entitledII of the benefitsrunning hereunder. Owner9. The Property agrees that the Property Owner shall bear and be responsible II costs of maintainingoperating attenuation t ri I equipment installed in the Property by or on behalf . _ _ ..... _ ... ..........................................................................................._.... ......_.................._ ............ ........ ... y VVast International Airport NIP—Avigation Eamnart(Unit 1 Page 3 of 4 This Easement Agreement is executed as of the date firstwritten. PROP,ERTY-OWNER: 37N 41 j . - "a�£ Into �� "� r i `}fit .. � . Printed Name 9 tinted Name _ Date Date STATE OF COUNTY OFThe foregoing instrument was acknowledged before me this jL-� day of ?[ZftZ gQW 0 ? t s 20LL by 4 tProperty Omer Name(s) r� My Commission Expires: ............................. ......... ...... ............ MONROE COUNTY BOARD OF COUNTY . WITNESSES: MAYOR: w_ Signature , zz r jf:.... Printed Name �, "pia '{jam • �.Jt b1° Pil d mama ' Signature , °s �ww _ ,,,,,Au, Pit isms - 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. _... _ y Commission Expires. Notary Public Signature =i 1q g (Unit .. ._.} rm Page w r 4 y international Airport i - on Ease �* a P � �� - U AJ ; 't f 7 zt the Sea e _.': I No.: 4.._.......... Name(s): Elliott PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEffTII ' 'THIS NOISE INSULATION AGREEMENT (this "Agreemenr) is made and effecti last below writtenand niil II corporation organized i tip r the laws of the Statef Florida (the f , �the undersigned (the r7roperty Owner'), III : the Property Owner " the sole recordr i �fee si,mple of certaini property located in the City of Key West, t Monroe, State of Florida, ,and more particularly described on Exhibit B aftachedhereto (t "Property); and WHEREAS, the Countyis the ow,ner and operator of the Key West International 'i rt (t "'Airport"), situated in the City of Key West, roe, State f Florida, n in close : to the a and the County 'I to obtainn r for the use and refit of the public a right of f tructed flight for aircraft landing taking from, r maneuvering about�t' e Airport; and the Propertyr has elected to participatei the Key West Intemationall Airport's i Insulation Pr r (the "'Program") and, as part of the Program, the Property Owner has electedt obtain acoustical treatments improvements to the r more rti i rl rl on Exhibit C attached hereto (the "Program Improvements"); said r ram Improvements to be paid ,for by the County at no cost to the Propertyr and in exchangefor,the granting to the County f an avigationanent r cross and through the Property; and the Countyill enter into rn tr ti contract with general contractor (t 'Contractor") to providethe installation of the Program Improvements; and the Program is managed bythe consulteritteem consistingf team manager and assistant manager, architect, mechanical lectricall engineer, ,acoustician n construction tin r selected by the County (the "Program i ); and WHEREAS, the Propertyr and the County mutuallysir to agree to the terms upon whichthe Propertyr III participate in the Program and receive the ProgramImprovements upon the terms iti provided irni 'THEREFORE, in consideration of the terms, covenants ,conditions t forth herein, and other good andvaluable rn l r ti , the irecelpt and ProNM Owner Noise Inmdation Agmemnt PW I f`2 sufficiency of which , the Propertyr and the County agreehereby told Grant of Easement. Simultaneously withthe execution of this Agreement, the Propertyr executed and deliveredto the County an avigation easement t "Easement hick Easement has been recorded in the public records Monroeof our g Florida. The Easement remains in full force and effect and i hereby ratified in all respects. Aviationnsistent with the Program andlor Federal Administration it Imps t Program policies the Program Manager has developed a seriesr olio Statements outlining construction and eligibility try ions. The Property Owner undemtands that prescribed rg ram Improvements will be consistent with the ProgramPolicy Statements r to the Propertyr by the Program any r of the Program t t attached rt t of Prooram Imarovements. The County agreesto pay for the ProgramImprovements desr in Exhibit C attacheda The Program Improvements ilk be approvedr and County, managed by the Programerg and performedthe Contractor. inin tit , The Property Owner shall not impede or interfere wit the Contractroes abilityto select between approvedrode manufacturerstractors in the preparation of bid submiftals. To insure competitive bid envimnment, the Property Owner is prohibitedr rn having discussion or communication with the Contractor in relationto the Program, the coat i , or this Agreement until after award of the construction contract by the Failure of the Property Owner to comply withi rii shall, at the option of the County In its sole discretion, result in disqualificationfrom r r cancellation of this Agreement. 5. r � t u t. ill the contract r the PryImprovements_Construction consistent with Federal and Countycompetitive bidding li i and prooedures. contract will require the Contractor to completethe Program Improvementsiti time i tined by the Program Manager. 6. r Post-Construction ion o . i i lti w The Property Owner shall meet all responsibilities and requiraments pertaining to bothr - str i t and post- construction-. a. Prior to the start of NIP construction, the Property Owner shall meet all Pre-Construction Pre-Construction requirements to inch Removingall valuables (such as jewelry, ins antiques, heirlooms, etc.) from it condominium, Movingli fumiture and belongings intothe "Designate Storagewithin the condominium, pmviding the required "clear area" (white space in sketch) for the fr f s , the Property Owner will have the ability to utilizecomplete "floor to ceiling" , Removingf all exoessive furniture and bel from e condominium that ill not fit "Designated r "I Removingll window and door treatments (such as blinds, rapes, plantation shutters, fwstoring in the "Designated Sfor Area"; Removingll electronic and dust-sensitiveitems from their condominium or wrapping withprotective old before storingthem In the "Designated Storage ace ; Removingall wall hangings (such as mirrors, pictures, hanging shelves, w) and sstoring them in the "Designated Storage "I Movingll small items and belongingsinto either the l r bathrooms outlined in the "Designated f ace ketch" b. After completion f the NIPconstruction, the r r shall meet all Post-Construction requirements to Inch Movingf all furniture belongings stored in the "Designatedf r to their original positions in the I i Movingf any excessivefurniture I r I . into the condominium; Re-installation f all wall treatments, door treatments wall hangings back to their original positions In the condominium, a In the event the ropy r falls to rf all of the ovaPre-Construction responsibilities, the Propety Owner shall be removed from NIP participation Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect f related therefa d. In the event the r fails to rfall of the above Post-Construction responsibilities, r shall be liable to the and/orCounty Contractor 1br any andall resulting damages and all direct and indirect costs related thereto. 7. Impeding str i p Once construction of the Program Improvements ins, the Property Owner shall not impede construction or alter construction 1 . In addition, the Property Owner shall prevent any and all tenants that may occupy the Property duringthe construction of the Program Improvements from impeding try ion or altering constructionschedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Property Owner Noise rrsul ti -Agreement Page 3 ,f 28 alters the construction schedule, the Property Owner shall be liable to the Contractor and the our for any damages and all direct and indirect costs relatedthereto, a Safe Workingr shall be responsible for providing a safe working r lr r e t for the Program r, Contractor, subcontractors, suppliers, and City, County, rl inspectors. a. Throughout all phases of design and construction of the Program the r r shall be responsibler: t) Providing a worki nvi t that is tree from tl I health risks blohazard conditions, hazardous chemicals, obstacles, of any kip rid °explosives; Refraining from use or profanity; Refraining from rive physical contact; and Insuring that all pets arecompletely secured and contained. b. In the event the r tails to meet any of the foregoing conditions, the Program processmay, at the Coin ' discretion, temporarily suspended at any time. In such event, the Program Manager shall notify the Pmpelty Owner in writing, stating the corrective acttons) r condition(s) requit to be completed r performed by the Property Owner prior to the County resuming the Program r . In the event the Program process is not resumed due to th Property Owneftfailure to complete the corrective action(s) r° condition(s) required y the Programr, the Property r shall be liable to the County and/or Contractor for any and all damages and all direct and indirect st related thereto. d. It the Program processis resumed, the PropertyOwner shall be liable to the Coin r Contractor for and and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. Construction y During the construction peri , the Contractor r may expenence unforeseen lip tion relating to the installation of the Program Improve Improvement& The construction contract shall provide that delays relatedto these unforeseen coll ti the control of the Contractor and shall be excused so that the time for completion mayreasonably ended. Construction schedules may also be revisedit there is a delayin awardingof the contract or if the Program Improvements a to be re-bid in thet of lack of bidding contra r failure of the lowest responsive, responsiblei to execute the contract, provide a payment and perforrnancer shoe proof of requlmd insurance. 10. Chanaes to Scopeof Work. The Program a r reserves the right to make changes to the plans and specifications and the Program Improvements, t its Property alto art Page 4 of28 soI e discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in ZKftLk&.g and such changes are necessitated by the discovery of hidden conditions not readil'y detectable dudng normal property inspection procedures. 11 Acceritanoe of Work. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program Improvements to determine ff they were completed pur'suant to the tenns of the contmct. The Program Manager retains sole discretion and authority on progmm conformance and performance issues as they relate to the Contractor, subcontractors, suppliers and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Ontner is welcome to aftend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with respect to the acceptanoe of the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or perfbrmance issue, the Property Owner all be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 dars of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conforTnance/performancelissues. 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. 12. Termination of AgFeement, The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefore, if the Property Owner aftempts, to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and aII damages and all direct and indirect costs caused thereby. 11 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. & 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. b At the end of construction, the Program Manager will provide the Property Owner with a Vlarmnty & Final Closeout Package which will contain copies of the warranty policies, product instructions, design documents and legal documents. As a condition of receiving the Warranty & Final Closeout Package, the Property Owner ..................................... Propen),Owner Noise Imuladon Agreement Page 5 of 28 must first it a completedISatisfaction Survey to the Program Manager. After receivingWarranty Final Closeoutr understands that the warrantypolicies for products used in the construction ProgramImprovements differ among product manufacturers. I l i , the OwnerProperty is solelyresponsible r pursuing allr issues directlyith each product manufacturer. . In the eventclaim, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly coordinate ired warranty servicelook solelythe general contractor or the product manufacturer for fulfillment of all warranties andresolution of II product or constructioni ( : (1) The Property Owner's inquiry is not directly relatedeither constructioni r product warranties ! I i r product maintenance) I r the Propertyr inquiry ri ione- year warranty period fromr r; ( r believes that warrantyi i requiredi to constructiont ! one-year warranty period from the general contractor has expired; ( r believes that serviceis requiredit respect to product warranty issues, the advertisedr ri for the product has not expired, manufacturer is rrently conducting its business; and ( ) The Property Owner believes that serviceis required i productrespect to r issues, and the advertisedr r the product has expired. 14. ti i iR. _ r r ill requiredt sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility liability r r for any and all present - i i Deficienciest the Property, whether seen or unseen. 15. Pr@-W Ark Reguirements. ill be required to complete any and all - isuccessfully accommodate the NIP acoustici i i ropy . Owner will be required i - i utilizing their r e�.EMI deadlines as established b the NIP. In the event the Property Owner fails to complete the designated - items by the establishedI i , the Property Owner shall removedbe from I i i ti r shall be liable the County and/or Contractor for any and all resulting damages and all direct and indirect related . 16. CIE, of Kee West"Hard-Wired" Smake Alarm Requ"I"rement. In -_ compliance i ity of Key West Fire Marshall and the CityBuilding Departrnent in permiti i Owner will be requiredinstall -volt "hard-wired" r in their condominium i ..... ......_.............. Propertyner Noise Insulation Agreement Page 6 of28 accordance with all applicable codes and regulations by the required deadline as established by the NIP. The. Prqp T+ Owner will be res3onsible to ensure thwo The y smoke alaffns are not installed in same areas within the condominium wh re NIP i;i;aiGtion work c'_cu'r_,,'_to avoid an thq�� construction prq In the event the Property Owner falls to install the designatod "hard-iMredw smoke alanns by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17. spqnsiori of Propram Process. The Program process may be ternporadly suspended at any time dudrig the design and/or constwction phases upon the discovery of Deficiencies due to their potential impaLl on the Program Improvements and product warranties, The 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 liable to the County for any and all damages and all direct and indirect its due to delay and/or stoppages of the worlL 18. Limitation on Alterations to the --fti-Lierty, 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, 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 Prograrn 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 Program Improvements on the Property, The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto, 19. Pre. and Post-Construction Noise Test!qg__E!rqqesp. Pre- & post-, construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for pre- & post-construction noise testing, the Property Owner agrees to provide access to their pmperty for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of the p truction noise test to the post- construction nolse test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of the pre-constructlon noise test to the ost- construclion noise test. The Property Owner understands that the failure 'to adhere to this requirement may result in corruption of the noise testing data. Thy refoFe, the Property Owner understands they may be liable to the County for any direct, and indirect noise testing costs in the event these requirements are not, met. 20, 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 furrilture as necessary. ............... PropeHy Owner Noise Inmiation Agreenwnt Page 7 of 28 1. Utilities. The Property Owner shalli r to use, at Contractorno cost to the or the County, existingutilities light, water necessary to carry out the ProgramImprovements. 22. ig-R and Bid ProcessI iand/or not I twenty-four i (via 1 it andlor letter), the OwnerProperty agrees to provideto the Program Manager, Contractor, subcontractors, suppliers, City, t l inspectors and consultants Propertyto collectI II final design and bidvisits I include, limited i material inspection, i i pre-bid visit. In the eventr fails provide the PropertyII required NIPi ! visits, the OwnerProperty shall be removed from NIPi i i . Pre-Construction23. „ �.ess. The Propertyr agrees to provide access to the Property ! (48) houm pnor to the scheduled start of NIP construction. ! visit ill provide the Programn i the ability that the Property Owner has met all furniture storage responsibilities. it result in the suspensionf the scheduledI ion and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect . 24. Pre and Post ConstrUrJon Access'. At scheduled times and/or upon not less than twenty4bur ( ) hours advance notice (via NIPfl andlor letter) and r the establishedI r ion schedule assignment, t agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors I to the Propertyprovide all requiredIP Pre-Construction and Post- tin visits. These visitscould include, but not be limited i I measurement, pre-constructioninspections, vi Designatediconstruction inspections post- construction itesting. In r falls r i r all requiredIP Pre and Post Construction visits, r r shall be removed from NIP participationshall be liable and/or Contractor for any and all resulting damages and all direct and indirect related thereto. Construction25. riod Access. Upon award of NIP construction contract, the Contractor will provide the Programr with their final construction schedule, whichill include i calendar days to completethe NIP constructionin each of the participatingcondominiums. i I , the Program r will assign each Property Owner with a designated calendar days in whichi ill occur in their condominium. The Property Owner agrees to relocateit condominium for the entirei i period. I addition, the Propertyr agrees not to re-enter their property for any reason during their assigned constructioni r potential to negatively impact the Contractor. In the event the Propertyr falls to provider their assignedion time period, the Property Owner shall be removed from NIP Property err Noise Insulation Agreeinent Page 8 of 28 participation and the Property Owner shall be liable to the Coup' and/or Contractor for any and r ire damages and allr d indirect s related thereto. . Construction Period Extension Due to Hurricanes. in the NIP construction period will extend into the Key West, hurricane season, there is potential for construction clays r stoppages, beyond the contmi of the Contractor, in the evert of a threat of an approaching hurricaneand/or are actual hurricane event. Due to this possibility, the Property Owner understands that delays may occur in addition to their originally a construction time period, without any fault or costthe Contractor and r r r Manager. Furthermore, the Property Owner agrees to relocate from their condominium for all additional calendar days resulting from NIP construction work stoppages duehurricane rea r event at no cost to the County, Contractor r Program Manager. In the eventropy n r fails to provide the requireed additional their condominium due to hurricane-related work stoppages,ea, the Property weer shall be removedfrom i a i the Properfy Owner shall be lia l the County and/or Contractor f r any andall resulting damages and all direct and indirect s a related thereto, 7u rs.-i� _ r � r ing Construction, In the event the Contractor r discovers pre-existing de i n i s at the Property during the NIP construction process that negatively impact the ins a l i rr the NIP improvornents, the Property r agrees to irnmedlately repair and rernediate such e is nci in are effort any negative impact the scheduled construction period. The Property Owner understands a , depending on the timing of the pre-existing deficia c repair, the NIP construction period may reed to be extended, at no fault of the Pmgram Manager or Contractor, 28. Im ,„. � as y 'Mw' 0 0 d 11.6 h -, O W i n n Construction .._ Schedule. 'The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to pion for the "worst-case" possibility that the original al .a., led construction completion a1 be delayed afew additional days due to unfbieseen buildingconditions that may arise and complicate the NIP construction, 2 u gg__Window r Treatments, Shades and Blinds. The Property Owner understands r , after the installation of new NIP a -stir window and the existing in and/or door treatments, shades and blinds may not be compatible nor able to be re-installed due to size differences between the new and existing windows and dog . Exisfin 1, Crown Mg1ding.: During the installation of the new acoustic windows and doom, the NIP will be providingnew "standard" replacement interior trim and sills. The Property Owner understands that the NIP replacement trig ill not match custom and/or speciali7ed crown molding erns and/or customs window and door tarn. After the completion of the NIP modifications, the Property Owner will have the abilitymodifications he NIP interior'rir at their own expense. _................ — -------w. ------ ... Propertyr i A Page _ f 28 3Communication_ lrl en , The Property Owner agrees to read n I II M m' ll r lefters., in a timely s rl which I provided by the NIP to ensure schedule conformance. In the event the Property Owner falls to meetthis requirement, it could result in removal from NIP participation. u Tide Examination, The r r Manager has obtained r will obtain, at its sole cost anderase, an "Abstract 'Title" to ensure that the Property title is free from lire r title defects. 33. Coode i in ClearlM.-Jitl . Prior to the commencement o constructionof the Program Improvements, the Properly Owner shall 00operale, withh County in order I correct any title defects affectingthe Property which are disclosed by the "Abstract Title" and in the sole determination of the County may serve, invalidate Easement, and II secure the wriften consent of any and all mortgage holders the Property OwnersEasement to the County if the County determines that it is necessary or desirable to do so (collectivMy, the "Title u If, prior to the commenoementconstruction of theProgram Improvements, the County, in its l discretion determines that theTitle Mattersi e Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated, 34. Federal Assurance, s required by the Federal Aviation Administration, the Property Owner agrees to thefollowing visions: a. 'The Propertywrier shall subject the construction work on the prqject to such inspection and approval during the constructionthe Program Improvements and after completion of ther Improvements as may reasonably be requested by the Program are r and/or Monroe County. . . After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance r in of the items installed, r r h r constnicted under this Agreement. Neither the, Federal Aviation Administration i nor the County beam any responsibilityr maintenance and operation of these items. 5. Reduction of ... Air Infiltration'. 'The Propertyr will be required l rr Ekhlbit E (Ventilation Hold Harmlessmen hick imputes ll responsibility the Property Owner for the proper maintenance. of interior moisture and humidity levels. 36. aq!Mpge ofa .��Materials �-r i IT e Props Owner desires t retain any �the at ri I r i r ent removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials n i rent directly withthe Contractor at the PropertyOwner's sole risk and expense. The County assumes no responsibility for the Corr loon of the material, equipment r surrounding surfaces as a result of theowner-r r este Ir e� The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence ..... _.................... ._...... ... .................. Property nee Noise Insulation A rat Page 10 of 28 of such a written agreement, all it shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner Ito ll beoorne the property of the Contractor, 37. Propl!gt L_L nsyLqngg. During P riod rogram construction pe , the . . _ Contractor will provide builder's risk insurance fop, the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowners insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contra(Aor's bull es risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program, X Timuuubjc= and Effects of Construction. The Property Owner understands that there is a chance that construcfi�� rhay exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and could generate signifilcant quantities of dust and debds rendering portions of the Property uninhabitable for extended periods of firne. 39. Labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager, the County and its officers, employees, agents, consultants, and contractors and suppliers with respect to issues relating to the conformanm, of labor, materials and acoustic designs utilized in the Program Improvements, this in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 40 Salof Prop ant the Property Owner sells, conveys or e---- -ft. In the eve otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owners responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 1® Waiver. No waiver af, acquiescence, in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, awaiver of, acquiescence in, or consent to, any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 42. 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 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 (.'R'ounty, Florida. Property Owner understands that it is the' Property Owner's responsibility to insure such payment is made in order to clearo the title to the Property. Propriv Owner of Insulation Agnewnt Page II of 28 43. t rife to ExecuteIf Of Resolution No. 111- 2004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners i II authorityr the County Administrator i lf of the County without further action by the Board of County Commissioners. 44. Attachments. Attachments to this Agreement include I i , whichincorporated into this . a. Exhibit r i . b. Exhibit : Legal Description c. Exhibit Program Impmvements. d. Exhibit Deficiency I e. Exhibit Ventilation I Harmless 45. General Conditions. a. i .fig,Law, Venue, Interpretation, Costs, and Fees. (1) This Agreement shall be govemedconstrued i accordance with the Laws of the State of Floridaapplicable entirelyperformed in the State. In ti r administrative proceedingis instituted r the enforcementr interpretation of thi , the OwnerCounty and Property agree that venue will lie in the appropriater before the appropdatei i iv in Monroe County, Florida. ) The County and Property Owner agree that, in the event of conflicting interpretations r a term of thisr between any of them, the issue shall be submittedto mediationprior to the institution of any other administrative r legal proceeding. ( r agree that in the event any actioncause of i i ti proceeding is initiated relative r interpretation of thi rprevailing shall be entitled reasonable r , investigative, and out- f-pocket expenses, as an award against the non-prevailing party. Mediationproceedings initiated i II be in accordance with Florida f Civil Procedure and usual and customary procedures required circuit b. Bindina Effect. The terms, covenants, conditions, this II bind and inure to the benefit of the County and Propertyr and it respective legal representatives, successors, and assigns. _.......... ....... ........ ........ .___....___. ................................. r er Noi a lation nt a 12 of 28 c. ® .Severability., If any term, covenant, conditionr provision of this Agreement ( r the applicationr to any circumstancer ) shall be declared invalid r unenforceable to any extent by a court of competentjurisdiction, remaining terms, covenants, conditions r i i is Agreement shall not be affected thereby, and each remaining term, covenant, conditionithis Agreement shall be validIl be enforceablel i law unless enforcement of the remaining conditions provisions i Agreement would prevent the accomplishmenti i l intent i . d. i . Each party represents and warrantsthe other that the execution, livery and performance of this Agreement have been duly authorizedII Ownernecessary County and Property action, i law. e. Duration t. This executionis Agreement, subsequent to execution by the Property the County and shall remain in effect for a periodIrequired to effect the Program Improvements ° , except as may be sooner terminated i accordance with the provisionsi . . Acceptance of Giftsr i n ._ Funds, r _g, Property The County and r shall i , r the fit of any or all of them, gift, grants, assistance funds, or bequests to be used r the purposes of thist. g. Claims i or State Aid. r furtheragree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to the purpose of thist; provided that all applications, fundingrequests, grant proposals, and li i tions by the Property Owner shall be approved by the County prior to submission. h. AIj cation 2f- 2j1putes 2r i r _ u The Countyn Properly Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representativesparties. If the issue or issues areill not resolved to the satisfactionparties, then any party II have the right relief r remedy as may be providedi Agreement r by Florida . I. NNondiscrimination. The County and Propertyr agree that there ill be no discrimination againstit is expresslyt upon a determination by a court of competent jurisdiction that discrimination occurred, is Agreement automaticallyi i r action effectiveof any party, court order. The County and Propertyr agreeto complyi II Federal and Floridalocal ordinances, as applicable, I i nondiscrimination. These include t are not limited : (1) Title I of the Civil Rights ( . ) which prohibitsi ri i i the basisor nationalorigin; ) Section 504 of the Rehabilitation Act of 1973, as amended ( ), which prohibitsi ri in i i handicap', ( ) The Age Discrimination1 1 1- 1 ), which Propertynice Insulation Agreement Page 13 of 28 prohlbihs discrimination on the basis of e$ (4) 'The Drug Abuse Office And Treatment Act of 1972 (P.L 2- amended, relating to nondiscrimination an the basis of drug N 'The Comprehensivel Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1 1. 91- t , as amended, relating t no rid i crirr !nation on the basis of alcohol abuse or alcoholism, 'The Public Heap Servioe Act of 1912, ,p 523 and 527, U.S.C. 2 -3 and 290 ee-3), as amended, relating to confidentialftyof alcohol and drug abusepatient records; The Americans With Disabilities Act of t, . . � s. 1201 Note), as may be amended from time t time, relating to nondiscrimination on the basis of disability; The Florida Civil Rights Act of 1992, (Chapter 760, Florida t , and Section 509.092, Florida Statutes), as may be ended from time to time, relating to nondiscrimination, T° nr e County Human Rights Ordinance (Chapter 131 , Article Vill Sections t ...tt trim, 1 - , as may be amended from time to time, relating to nondiscrimination; any other nondiscrimination provisions in any federal or state statutes or local finances,which may apply to the parties to, or the subject matter of, this r ment. . Qggperation, In the event any administrative or legal proceedingi instituted agai t either party relating to the formation, execution performance, or reach of this Agreement, the County and Property Owner agree to participate, to the extent required the other party, in all proceedings, hearings, , meetings, and other activities related to the substance of this Agreement or provision of the services under this r eme t. The County and Propertyr specifically r that to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. R jjq Rec and Documents. 'The County and Property Owner shall maintain books, records, and documentsdirectly in nt to performanrA under this Agreement in accordance with generally acmaptedaccounting principles consistently applied. Eachparty to this Agreement or their authorized representatives shall have, reasonable and timely access to such records of each other party to this Agreement for audit purposes duringthe terra of the Agreement and r four years f ll err the termination of this r ment, . Covenant of a...No Interest. The ours Property nr covenant that neither presently has any interest, and shall not arAulre any interest, which wield conflict in any manner or degree with its performance raider this Agreement, and that only interest of each is to performn receive nef as recited in this.Agreement. r ., Code, The County agrees that the officers and employees ofthe County recognize and will be required to comply with the standards of conduct relating to public officers and employeesdelineated n Section 112,313, Fria Statutes, regarding, but not limited t , solicitation or acceptance ofdoing business withone's agency; unauthorized compensation, use of public position, conflicting errr l r rrt or contractual relationship; and disclosure or use of certain information. ............ ... .... Pro nee f 1 ul a t 1 of. n. No Solicitation/Payment, The County and Property Owner warrant that, in respect to lGe—If, it s n.either employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement ,and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, co' mmisslon, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, W offset from monies owed, or otherwise recover, the full amount of such fee, cammission, percentage, gift, or consideration, o. Eublic Access, The County and Property Owner shall allow an rmi d pet reasonable access to, and inspection o�f, all documents, papers., letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by the Property Owner. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonabl-e access to, and inspection of, all documents, records, papers, lettersor other "public record" materials in its possession or under Its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performancv. The County shall have the right to unilaterally cancel this coat met iupon violation of this provision by the Property Owner, Failure of the Property Ownel, to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enform. the terms of thls provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all afforney's fees and costs associated with that proceeding. This provision shall survive any temiination or expiration of the contract. The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the temis and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public rec*rds that would be required by the County to perforrn the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this ,chapter or as otherwise provided by law, (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as ............... Property Owner Noise Imulation Agreement Page l5 of 28 authorized by law for the duration of the contraci terTn and following completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate. public records that are exempt or confidential and exempt from public records disclosure Mquire men ts. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records, All records stored electronically must be provided to the County, upon request from the Coin ty's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to Inspect or copy pUblic reoords relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the mcords to be inspected or copied within a reasonable time, If the Proper er has questions regarding the application of Chapter I 19, Florida Statutes, to the Property Ownees duty to provide public records relating to this contract, contact the di re of Public Records, Brian Bradley at (305) 292-3470. p. Nqn,-Wgiver 2f LLM—Muqjty., Notwithstanding the provisions of See. 76828, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage.. or local government liability ins rice pool coverage shall not, be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q. Privi and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules- and pensions and relief, disability workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r. j&ggj 01311astions gng 4pqnsibirities,Rt Ngp7QplegAtion of Constitutional or tutu 1 , This Agreement is not intended to, nor shall it construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of aCtU81 and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, .................-............. Property apner Noise Imuladon Agreement Page 16 of28 state statutes, case law, and, specifically, the provisions of Chapters 125 and, 163, Florida Statutes. s. ..... Non-Rellance by, Non-Parties. No person or entity shall be entitled ......to rely upon the �terms, or any of them, of this Agreement to enforce or aftampt to enforce any third-party claim or entitlement to or benefit of any seivice or program contemplated hereunder, and the County and Property Owner agree that neither the County. nor Property Owner or any agent, officter, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity, or entities, have entitlements or benefits under this Agreement sepamte and apart, inferior to, or superior 'to the community in general or for the purposes contemplated in this Agreement, t. kfttpstaflons. 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 Propeity Owner under this Agreement. u. No Personal Liabffl coven t�o. No ant or agreement contained herein shall be deemed to be W­c­ovonant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capaci4e, and no member, officer, agent or employee of Monroe County shall be liable persons Ily on this Agreement or be' subject to any pensonal liability or accountability by reason of the execution of this Agreement. v. fExecution This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, 811 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 Headingg,, Section headings have been inserted in this Agreement as a malter of convenience of reference only, and it is agreed that such seLlion headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Property Owner Noise InmIation Agreement Page 17 of 28 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. ............................... --------------- WITNESSES: f, PROPERTY OWNER: Signature ............ ...... ......... r'6 r�IL Fl,.Alnted Name' j6 0 .... ---—--- Rex"', 71;,�1"Z-11N I j -at - pririmticj R'Ninis .................. .......... WITNESSES: PROPERTY OWNEIR: 4 rlw� ........... j er kiiad Name ? 1A Sirature ................. Dale S� JAI.......... MdNMOE'COUNTY BOARD OF COUNTY COMMISSIONERS. (Seal) MAYOR I CHAIRMAN: 6K, CLERK Slyvia iriph,­ KEVIN-MAD P4 Xy By: %,,ii Deputy Clerk Signature ".7 Mo. 00""'UNI Y_ ATTOM, EY I>1111- Page 18 of 28 ProPerty Owner Noise lymdation Agreentent A, , I I (, L`3 KbTR,�­JMER�CADO�_� PROGRAM POLICY STATEMENTS Exhibit A TO Prop" Owner Noise A. Air Conditioning: General Restrictions. it providing I "mink spli r condominium as a part of the NoiseInsulation modifications, II ing limitations and restricti it II condominiums: 1. All condensing unitsill be installed I 2. All refrigerant lines i I i unit) will be installed consistentipolicy maintaining i i t of 48 inches. 3. II condensate lines ill be installed ii r consistent Board policy rules re the highest level of consi n building architecturali . 4. All interior lines (refilgerant, condensate, ! tric ) Energy Ventilator ( will be housed in now vertical wall and comer pilasters which ill be constructedt the qualityexisting ll locations of the new vertical wall and corner pilasters will differ depending on your unique condominium r plan and number of bedrooms. The NIPi r i ill reviewi information i r NIP Designi tin . 5. Only electrical service panelsi Manager to deficient ill be replacedr the NoiseInsulation r modifications. B. Windgaw Sillp�[ ement. Due to the presence of asbestos, the NIPill provide surroundnew custom wood ill instead of the existingsurround. to this revisedplan, f ing custom sills ! , granite, ill not be replaced. This i i ill be an improvement, it i constriction improving time efficiencies. CustomC. r __ _ g and Baseboards requirementsThe now asbestos abatement ill restrict the abilityvexisting custom trim r to constructionoriginallyi ill not allowri time for the awarded general contractor to secure custom matched replacement trim. Therefore, existingin ll trim, , the contractor will, instead, cut the existingi to the face of the new pilaster or thru II -ifill. At new pilaster locations , if the thruII ac infill abutsexisting baseboards, the contractor willinstall a standard ( " 1 " paintedri abut the existing i r than attemptingexisting iprofiles and materials. After the completionI r i , the propertyr will ... �._..... ......... �.... have the option to replace the installed trim withother custom trim to matchthe existing materialsle . Heights.D. Door Threshold e to stringent Florida hurricane impact water infiltration buildingin tical prime entry swinging doors any sliding lass patio doors will have thresholds that are consider higher (from the floor) than existing thresholds, her door thresholds are designed t provide optimumprotection to the Interior of a condominium from ter infiltration during ire. E. KWBTS Asbestos ti s required by state requirements, THC conducted asbestos testing on all participating imams in Buildingsrig the November 2017 to April 2018 time . This stir included dollecting 7 to 9 samples at each condominium include gypsum board joint compound, window glazing, and exterior window and oar a addition, ray stucco lei collected on of the °Wald y" and "coy ,ony" building elevations, Depending the laboratory analysis of these samples, the presence of asbestos containing materials a e% the potential to impact several areas of the NIP construction process to include: - window removaland acoustic window installation, - door removal and acoustic door installation, - removal of ports "through—wall'AC units and the of openings, - celling cuts required fbr installation of the ductless AC, - wall cuts required for the installationof the ductless AC, - construction of vertical wall pilasters required for installation of the ductless systemAC V ducts, - construction of closet soffit for installation of the V. F. Asbestos t � .. In t event any samples show a presenceof asbestos containing material , the awarded contractor ilk be requiredto performthe following abatement requirements during construction: If s Dle shy a presence f % ., contractor 111 be r-i—quired to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded, .... ................. Echibit AProperty r Noise Insulation a_f2 samples show_.a presence� .m _If % The P t willrequired„ perform full asbestos meat procedures as directed y the Environmental Protection Agency (EPA) to inch - Construction of ACM containment barriers in all (wells, ceilings, closels, windows dog " approximately 4 feet from all wally and areasimpacted the NIP modifications, - Abatement and bagging of u t ng from demolition ie asbestos abatement - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional I'non -abatement)works - THC will be required to provide executive fight of all ACM abatement processes in all condominiums throughout the NIP construction process t ensureproper compliance wit federal and state abatement guidelines. - The presence of ACM will have a significant impact on the NIP construction process, lengtheningthe construction period and increasingthe sequencing and coordination mquirements of contractorcrews. - iven the cost to providerequired asbestos abatement procedures, the FAA will require TFIC to develop a design and construction plan that minimizes the disturbance of ACM to ensure, the minimization of construction costs" duration, and flability,to the contractor and KWBTS property owners, This plan will ressult in new property owner requirements and designrestrictions which outlined below. H. __ t Decisions. The " Boy will h the uteri to make several of the Program design decisions to include, 1. Acoustical Window w and Door Material ll Acoustical' inflow and Door Color and Hardware Finishes 1 Acoustical Window and Door Operational Styles ., interior Ductless "Mini-Split"AC Systern installation Requirements . interior Ductless 'Mini-Split"AC SystemInterior it Design and Placement . In-Filled itPrime Policy Treatment ._.._ ._.._ .............. r° _. __........... ebitA- � Owner ion n 21 of 2 LEGAL DESCRIPTION OF PROPERTY Exhibit NoiseTO Homeowner Condominium i 1 Condominium, together with undivided interest in the common elements, iDeclaration of Condominium in Official Records Book 589, Page 370, as amended from timetime, of the Public _.m.................. ..... ................................................................"I',- ........................ Exhibit -Property Owner Noise Insulationrat PW 22 of 2 ExhibitPROGRAM IMPROVEMENTS Exhibit C TO Homeowner Noise Insulation Agreement This C represents the ProgramImprovement package for an eligible home that i Program Improe t the Program Manager to reduce the tenor environment of a property by a minimumdecibels. A typical Program Improvement package may include: Architectural Drawings Replaoement Aluminum Acoustical Windows Replacement Aluminum AcousticalSwinging r r Replacement ins tical Sliding Glass Patior ExhibitC-Property Owner Noise Insulation nt Page 23 of 28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be. paid on behaff of the County and the Program for the Program Improvements to be made to the Property descry bed in the Agreement of even date herewith (the eta eery between the County 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, successom., and assigns of the undersigned, forever releases, rernises, discharges, inure rnnifies 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 property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally Hable. Z The Property aivner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. & The Pmperty Owner understands that the Deficiencies include any deficiencies present in the Property at the, time of execution of this Agmement which could include, but not be limlied to, code violations, structural damage, rwater / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and ped6nnance oft Program Improvements., 4. If visible, the Property Owner understands that the Pmgram 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 Winoro or"Severe". & The Property Chyner assumes full responsibift for the worsening of any d=lmented Minor Deficiencies.. 6. In the rare event "Severe" Deficiencies are idented during the design process, the Pmperty 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 Imulation Agreement Page 24 of 28 necessary repairs to the Property, to the acceptance; of the Program Manago.r to minimize any delay or stoppages of work. Ill The undersigned acknowledge and agree that all of the release and hold hamiless and lnde=4 provisions set forth in Paragraph 1 of this ExhiMill"D apply to property damage, injudes, 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 Edilbit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions at this Exhib/t shall be binding upon, and inure to the benefit of the undersigned and their respective heirs,, personal representatives, Successors and assigns, VVITNESSES- PROPERTY,-OWNER: u,P --------------..... ............- .......... Wig ............ PfIrAed Name e ......................... bite Wr—ded-N—ame JV2 ........................................... ............ WIFTNESSES, PROPI�RTY 0WNER,,--,,, e, .......... rr Sig ature yy .......... . . .......... . rl Printed ka"me '11-�V-11—,g 1.7 �"o M,1"Ji Sigm. nature b a easi ........ Date Printed Name .............. —-------- .......... WITNESSES: PROPERTY OWNER: it ......................... §Ignature ................ Printed Name Ori a *n—ature 11.1-1--1................. Date Printed Name ............ .............. .......... ..... ............... Exhibit D-Property Owner Noise Insulation Agmement Page 25 of28 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E TO Property Owner Noise Insulation Agreement I 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 descdbed in the Agreement of even date herewith (the "AgreernenC) between the County and Property Owner and to which this Exhibit E is affached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, fbrever releases, rernises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and contractor's 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 undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of b officers, agents, employees, consultants and/or contra ctom to be legally liable. Z The Program Improvements may include the addition of acoustical windows and doors, removal and infilling of 'Othrough-well" portable air conditioner units and the addition of a replacement ductless 'mini-splid it 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 cmde. & Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibift for the proper operation of the new Program ductless AC systern 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, 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 moisture generation in the interior environment of a condominium, the Pmperly Owner agrees to assume full responsibift for ensuring that all bathrooms have an operable bathroom exhaust fan capable of properly exhausting bathroom moisture to the exterior of the building. It should also be noted that the original KWB,rs condominiums were constructed with a small all vent that was designed to allo-w the passive exhaust of --- —----------------- -—-------- &hibit E-Property Ownar Noise Insulation AFeement Page 26 of 28 bathroom moisture in a central building exhaust shaft. During the Prograrn design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft, Due to this oxisting condition, the original all vents It 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 clearly 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 laundiy dryer vent to the KVVBTS central building exhaust shafts, they agree to correct this deficiency by properly 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. 6. The Property Owner understands that the Program Improvements will not address kitchen and bathroom 'ventilation and excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property Owner understands and assumes full responsibilitff 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 operation of the NIP venting modffications after completion of the Program Improvements, 7. The undersigned acknowledge and agree that all of the, release, hold harmless and indemnity provisions set fbrth in Paragraph 1 of this Ex1dbit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising afteer 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 EKhibit E shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. & The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undem.igned and their respective heirs, personal representatives, successors and assigns. 1T 8 E PROPERTY OWNER: 1-021A-4,1/1 N7 Sign at ure 4 Name Printed Name L CA Signaturegg .................................... At S Pdnted Name .........-------- ............................................ .............. ................ ... ..................................... a-hibit E-Proper-ty awnerNuise Insulation Agreement Page 27 of 28 _WTNESSES: PROPER TY' OWNER yr � _ , ,F r Signature Printed Ai 7 ky� � a ,P• Printed Name Signature n � m � r Date Printed Name WITNESSES: Y nature Printed Name Printed Signature .., —. Date Pitt ....... Exhibit -Property ' a In i ti rr AMement Page 28 ,f