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09/18/2019 Agreement/Easement-C105 �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 _FreparedBy and Return To. Heather P. Faubert Doc#2263767 Bk#3013 P1#2M NIP Assistant Project Manager 1=0 10i49 Pap AM1 of 4 THC, Inc. 710 Decula ., Suite 4A#315 Dead Doe Stamp$0.00 Dacu GA 30019 Filed s of AVIGATION EASEMENT Key West International Airport Noise Insulation EASEMENTTHIS AGREEMENT is enteredinto this ��""day o ,by" G. ", hereinafter referred to a "the PropertyOwner," in favor of the MONROE COUNTYA COUNTY COMMISSIONERS, body politic and corporate, hereinafter referred to as " ." RECITALS: OwnerA. The Property is the fee simple titleholder to certain realp ("the Property') located in Monroe County, Florida, more particularly describe follows: Unit 15- , CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with n undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book , Page 370, as amended from time to time, of the Public Records of MonroeCounty, Florida. also identified as street address: "2601 S. RooseveltBlvd., Unit C105" B. The BOCC is the ownerand operatorof Key West International Airport("the Airport")and desiresto make properties that, through interior noise exposure testing, in incompatible s a result of their exposure to aircraft noise compatible for residential purposesthrough the implementation of a NoiseInsulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Propertyis Property necessaryto reduce interior noise levels at least 5 dB andto bringthe average interior noise level below 45 dB in accordance with Federal Aviation'Administration policy. Granting of an Avigation Easement(" seet") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easementsthat the BOCC may have obtained under applicable laws. D. The funding source for said NIP vAll include funding from the United States Government pursuant to the Airport and Airway Improvement f 1982, and will include funding from the BOCC, actingin its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Key wee International AIrport NIP—AvIgation Easement(Unit 105) Page 7 of 4 Owner Noise Insulation Agreement with the BOCC. The BOCC'simplementation of the NIP will benefit the Property Owner and the Property by providingi i t sound attenuation construction on all.ellglble residential structures on the property necessary to achieve a reduction in DNL indoor noise levels t least 5 dB and bringaverage interior noise level below in accordance withI Aviation Administration policy. F. The Property Ownerfll understands that the NIP eligibility l change at some future time, but is currently based on the 2013Existing Condition oisExposure acceptedI Aviation Administration ("the ") on December 19, 2013. G. The NIP will be administeredin accordanceWith the current r 5100.38, it port Improvement Program Handbook. H. It is theo f this Easement Agreement to grant to the BOCC a perpetual avigation easement, s as hereinafter 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 acknowledgedt parties, in considerationincorporation into this vi ti s t of the recitals t forth above, the Property Owner and the BOCC agree asfollows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns n II successorsin interest, does hereby grant, bargain, sell and convey to the BOCC, its successorsn ins, a perpetual avigation easement over the . The use of the !I include the right to generate and emitnoise and to cause other effects as may be associatedwith the operation of aircraft over or in the vicinity the property. This Easement shall apply to all such aircraftactivity the Airport, present or fidu , in whatever form or type, duringoperation at, on, to or from the Airport, and it being the intent of the partiesh II such Airport activity shall be deemed to be included Thin the purview of this Easement. 2. This !I be perpetual in nature II bind and run withthe title to the propertyand shall run to the benefit of ther its successor in interest r and operator of the Airport. . The Property Owner on behalfof the Property Owner, its heirs, assigns successors in interest,does hereby releasen II related parties f the BOCC, including not limited to BOCC members, officers, s, servants, employees and lessees, n II claims, , damages, debts, liabilities, costs, attorney's attorney' fees or causes of action of everykind or nature for which the Property Owner or its heirs, assigns, or successors currentlyhave, have in the possessed, r will in the l irport operations or aircraft activities noise levels reI t to or generated by Airporti it , or may hereafter have as a result of use of this Easement, including ut not limited to theabove-mentioned property r contiguous property due to noise, other effects of the operationf the Airport r of aircraft landing r taking off at the Airport. Wes -------- t International a rt yip-nw EaB errt(unit 1 ) Page 2 of 4 . This Easement expressly excludesthe Property Owner and to the OwnersProperty irs, assigns andIn Interest, claims, demands, debts, liabilities, costs, ' or expert's fee, or causes of action for physical r personal Injury y any aircraft or part of any aircraft using the rnt that does identifiable physml damage to the property or Injury to a person on the property y coming into direct physical contact withthe propertyr the person on the property. 5. Should it e r party hereto or any of their successors or assigns- ininterest retain counsel to enforcey of the provisions hereinr protect its interest in any r arisingr this r menu or to recover damages by reason of any alleged breach of any prevision of this Agreement, the prevailing partyshall be entitledl costs, damages and expenses Incurred including, but t t limited to, attomey'sfees and costs incurred in i therewith, it l uIappellate . pmvislon of this r t is to be Interpreted for or against any party because that party or that party's legal reprasentaflve drafted such provision. This Agreement shall be interpreted and construedi the laws of the State of Florida. . No breach of any provisionof this Agreement may be waivedIn . Waiver of any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other f the same or any other proAslon of this r e t. This r nt may n only by written instrument executed by the parties in Interest at the time of the iifi ti un. In the event that any one or more covenant, condition or proviWon contWnedherein is old invalid, void r illegal by any court of competent jurisdiction, the ll be deemed severablethe remainder f this meat shalland in to impair or Invalidate t r provision hereof so long as the remaining v u t materially alter the rights od obilgalions of the u . If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shalli the extent of the scope or breadth permitted by law. 8. In the eventt mrport shall be subdividedInto more than one parcW, ort ulrr r portion thereof becomes subject to operation, management or administration by a party in addition to or in ileu of the BOCC, then and in that event the parties agree that same shall not terminate or otherwise m this t so long as a portionf the Airport continuesto operatefor standard airport flight purposes, and that any such sucoessor in Interest to the BOCC shall be entitledto all of the benefits runningto the BOCC hereunder. 9. The PropertyOwner agrees that the Propertyr shall bear and be responsiblefor all is of maintaining and operatingany sound attenuation materials andu i m t Installed in the Propertyr on behalf of the BOCC. ___�nn __ This n is executed as of the date firstv ri . ..........._. PROPERTY �� PROPERTY , SigSig a Kire r,�r �r�. dd= `� mil t,- 2� x z `._' eZ Printed Name Printed a e STATE f O d" G The foregoing ire t .,meet vAedged before me this�,�nnn nnn�day of , " ..- A . ....uuu...,.e t i I NWIC SUM lor"'l It Public _ y mml Ion i 2330071 ry Signature a::OW2:=1 ...._mm____._........� ._.., ..._..._. ��. .._.. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. WITNESSES: � dignature r � � Printed Name mm....... ..�� V _,vnnWO Name i Signature � P-riff—WNam—e — STATE OF FLORIDAaCOUNTY OF MONROE The foregoing instrument was acknowledged before me this 20 by (' as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Notary Public Signature iW OE "Al N� . " Q ED A4 key WI matlonal rt NIP—Avl n Eae ent(Unit 1 ) iA P hh '.._ Pa a 4 ..e Nal w , .. _ ----__ ....rAddres S: _r� ,�, .: Unit No C105 }' P w INSULATIONPROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE t i effectivelast below , a municipal corporationI existing f the StateFlorida R and the undersigned " ® ® WHEREAS, the Property Owner is the solein fee simple certainI property located in the Cityf Key West, County of StateI. ri particularlyand more f t t " WHEREAS, the County is the owner and operator of the Key West International I i "), situated in i t, County of Monroe, State f Florida, in closeproximity the Property; and WHEREAS, the ires to obtain and preserve. for the use and benefit of the publict of free and unobstructed flightf I landing taking , or maneuvering abouttAirport; and WHEREAS, the r has electedto participatein the Key West International i Insulation Program (t " f Owner the Program, the Property has electedi ti I treatments improvements to the Property as more particuladydescribed t C attached hereto (the "Program Improvements"), said Program Improvements to be paid'for by the County t no costt the Property Owner and in exchange fort r ti to the County of an avigation ease mlent over, across and through CountyWHEREAS, the ®li enteri iwith a general contractor t to priovide the installation of the Prog Improvements; and the Program is managed by the consultant team consistingf team manager and assistant manager, architect, mechanical f electrical engineer, acoustician and constructionl '° ' @ and WHEREAS, the r and the County mutuallydesire to the terms upon whichr r 'll participate in the Program and receive the Program Improvements upon the terms iti iherein; THEREFORE, in considerationterms, t i , lI conditions covenants and consideration, the receipt ,..._. r a' ' n t l 2 sufficiency of which are hereby ckno a , the Property Owner and the County hereby agree s follows: 1. Grant of Easement. Simultaneously with the execution of this Agreement, the partyOwner executed and deliveredto the County vi tin easement (the "Easement") hich Easement has been recorded in the public records f Monroe County, Florida. The Easement remains in full force and effect and i hereby ratified in all respects. . Prog„ olio Statements. Consistent it the and/or Federal Aviation ii doAirport Improvement lici and procedures, the Program Manager has developeds of Program Policyto outlining construction and eligibilityrestrictions. The Property Owner understands that prescribed Improvements ill be consistent with the Program Policy Statements provided the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto i it A. . Payment of _Program improvements. The County agrees to pay lbr the Program Improvements describ in Exhlbff C attachedto. The Program Improvements ill be approvedby theProperty Owner and County, by the Program Manager, and performed by the Contractor. . Impeding Competitive Bid Process. The Property Owner shall not impede or interfere with the Contractoesiiiii-11tyto select betweenvproduct manufacturer's and subcontractors in the preparation of bid submittals. To insure competitive i nvi n nt, the Property Owner is prohibitedfrom having discussion r communication with the Contractor in relation to the Program, the contractor's i , or this Agreement until after award of the construction contract by the County. Failure of the Propertyr to comply with this provision shall, at the option of the Countyin its sole discretion, resultin disqualification from the Program and cancellation of this Agreement. 5. Constructionr a..Contract. Theaunty will award the contractfor the Program Improvements consistent with Federal and Countytitiv bidding policies and procedures. The contractill require the Contractor to complete the Program Improvements wii time period in y the Program Manager. - & _.Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirementspertaining to both pro-construction and post- construction: a. Prior to the start of NIPion, the Property Owner shall meet II Pre-Construction requirements to include: (1) Removing all valuables (suchjewelry, coins, guns, antiques, heirlooms, etc.)from their condominium; ( ) Moving of all furniture and belongings into the "Designated Storage within the condominium, providing the required "clear area" (white r of l 'o a ent a 2 2 space in t for the Contractor. When doing so, the Property Owner Wil have the ability to utilize the complete 'lloor to oefling" space. (3) Removing of all excessive furniture l imfn from the condorninlium that will not fit in t "Designated "'; Removing all -YAndow and door treatments (such as blinds, plantationt . storing them in the Tesignated Storage (5) Removing all electronic and dust-sensftiveitems from their condominium r pig with proteaHve poly before storingthem In the UDesignated Storage Space ", Removing lwall hangings (such as mirrors,, i , hanging etc.) and t rimn them In t "Designated ( Moving l l items log iron into ith r the ciosetsor bathrooms as outilned in the "Designated Storage Spade Sketchm I . After completion of the NIPtmru ti mn, the PropertyOwner shall meet all t requirements to include: (t) Moving of all furniture mn belongings stored In the mn t t aw back to their original positionsin the condominium: the ( �rumn ,f any i furniture and l in i nt condominium; (3) Re-fttaliatlon of all wall treatments, door treatments mn� wall hangings back to their original positionsin the condominium. . In the mnt the Property Owner falls to perform anyall of the above Pre-Construction responsibilities, the Property Owner i3hWI be removed from NIP participation nr the Property Owner shail be liable to the Countyand/or Contractor for any mnd all resultingdamages mnd all directand indirect related thereto. . In the event the Property Owner falls to perfbrm any andallof the above Post-Construction iilutu , the Property Owner shail be liable the County and/or Contractor for any and allresulting damages and all direct andindirect costs related thereto. . Impedigg Construction. Once construction of the Program Improvements begins, e Property Owner shail not impede construction or aiter construction schedules. In addition, the Property Owner shall prevent any andl tenants that may occupythe Property duringthe ran try i ran of the Program Improvements from impeding uln construction or aitering construction schedules. In the event the Property Owner or any tenant u inrm the Propertyimpedes construction or ._. ...... _`. ._......... P�vp"Omer Noise Insulation Agreemente 3 of1 alters the construction schi 1 , the r y Owner shall be liable the Contractor and the for any damages and all direct and indkect costs relatedthereto. 8. Safe Workin Environment. The Property Owner shall be responsUe fbr providing f working nvi m r the Program Manager, Contractor, subcontractors, suppliers, i State m l inspectors. a. Throughout all phases of design and constructionf the Improvements, the Property Owner shall be responsibler: t Providing rli environment that 'is free potential health risks, blohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/orexplosives-, Refraining from verbal abuser profanity; ; Refraining aggressive I t and Insuring that all pets are compWtelycur rota ire . . In the event the Property r falls meet any of the f6regoing conditions,s, the r y, at the County's discretion, be temponadly suspended at any time. In such event, the m Manager shall notify the Property Owner in writing, stating the corrective action(s) and/ r condition(s) requit completed r performed by the Property Owner prior to the County resumingthe Program process. . In the event the Program process is not resumed due to the Property r failure to completethe corrective uland/or coy iti s required the r, the Property r shall be liable Hable to the County and/or Contractor 1br any and all damages and all direct and indirect costs related thereto. . If the Program process is resumed, the r shall bd liable to the rat and/or Contractor for any and all damages and all direct andIndirect costst to or caused by the temporary suspension of the w 9. T-orb t i @During the construction period, the Contractor may experience unforeseen complications relatingto the installation of the Improvements. The construction t t shall provide that Ia'YS related to these unforeseenr m ll ti ros are beyond the control the nt t r and shall be excused so that the time r completion may reasonably nded. Construction schedu y also be revised if there i lay in awarding of the contract or if the Improvements to be re-Nd re-id in the event of lack f bidding'in rat and/or failure f the lowest responsive, responsible bidder to executethe contract,t, r i y rat and performance bond r show proof of required insurance. f . Ch - es to SWp ,. Program n r reserves the dght to make changes to the plansi ti rm the r m Improvements, at its Propeny er Noise Inndationent Page 4 o sote discretion, at any time ur nn the Programi such m t reduce the r quality of the Program Improvements rnibed in Exhibit C and such changes arenecessitated by the i of hidden ti nn t readily detectable during normal property Inspection procedures. 1. Acceptance of Work. Upon completion of the Hann Improvements, Programthe Manager shall inspect or cause time Inspection f the Program Improvementsinn If tam completed pursuant to the termsf the contract. The Program Manager retain iscretion and authorityrm program conformance and perfbrmanoe issues as they reWe to the Contractor, subcontractors, suppliersnn tip designs. The Property Owner is requestedto attendthe Substantial Completion Inspection nn m Input to the Construction r with respect to the identifiedpunch- u t Items. In addition, the Propertyr is welcomet attend Final Inspection, In the event the Property Owner elects to not aftendthe Substantialn m tion and Final Inspections, they release and ' r their ability t provide input to the not i nn Manager with respect to the acceptancef the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformancer perlbrmance issue, the OwnerProperty shall be requiredt the discrepancyIn mting to Monme County (representative m the NIP constructionwithin 7 days of the Inspection gii iin rise to the discrepancy. rm shall then make a determination as to the llul f the conformance/performance issue andany remedial action that may need to be taken. Monroe Countyshall be the final arbiter of any f n nn /l sup . Failure by the Propertyr to submit the written complaint within the time ifishall thereafter foreclose the Propertyn right to filesuch l lnnt, 1 . Termination of A- reement, The PropertyOwner understinds that the a unln f this m t Initiates tam the BIDn I l f the Improvements to be performed In accordance withthe Program. Therefbre, if the Property Owner attempts to terminate this m t or otherwise ulna the progress of the performancef the Program Improvements after the of the construction contract, the Property Owner will be liableto the Countyr any and all damages andall direct andin&ect costs caused thereby, . Warranties. The Countynot represent or warrant the i of noise that the Propertyr mffll experience within the Property as a result f the Program Improvements rt of the Program. a. The County agrees that its contract with the Contractor will include standard one r warranties fromthe Contractor for all mateda nship. Such one-year warranty periodshall commence as of the time f the acceptancef the providedwork as r in Paragraph . b. t the end f construction, the Program Manager will provide the Property r with a WarrantyFulaal C�oseout Package which will contain copies of the rr ranty policies, product unn tnnu to nn , design documentsand legal ram rants. As condition of receiving the Warrantyulmn ul t Package, the Owner NoiseP�rqp"Owner Inmiation Agmement Page 5 of l must first submit a completed NIP Property Owner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. In the event of claim, the Property Owner is solely rasponsible for pursuing all future product warranty issues directly with each product manufacturer. c. In the event of a claim, 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 Owners inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owners 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. 14. Pro-Existin Deficienci r es. The Property Owne will be required to !9,, sign Exhlbff 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. Pre-Work Requirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. ThePropertv Owner will be required to complete all designated Pre-Work it utill zin their own funas and per the reguired deadlines as established by the NIP. In the event the Prop" Owner falls to complete the designated Pro-Work it by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owrier shall be liable to the County and/or Contractor for any and all resulting darnages and all direct and indirect costs reIt ed thereto. 16. Lo Qit� f Key West "Hard-Wired" Smoke Alarm Reguiroment. In I _ compliance with the City of Key West it Marshall and the City of Key West Building Department construction perrnit issuance requirements, ttie Property Owner will be required to install 120-volt uhard-wired" smoke alarms in their condominium in ....................... Nopeny Owner Noise Insulation Agmement Page 6 of 28 accordance with all applicable codes and regulations by the i line as established bythe NIP. The Proppoy,., Owner YAII be responsible to ensure that the alarmssmoke - t installed in u _withinthecondominium I l t �_ lon work will occur, , .- avoidl_l impedance.to the NI �nstructlon 2Mcess. In the the Property Owner falls to install th I t "hard-wiredn alarmssmoke the established deadline, the r shall be removed from NIP participation. 17. Sus enslon of Pro ram Process, The Program process l m, t l w t time t design r construction phases upon the discoveryf Deficiencies due to their potential impact on the Program Improvements and product war tI . The Program process will not resurne until the OwnerProperty has corrected all w It lems to the satisfactionf the Manager. In the t repairs are not completed in timely w r, the Property Owner will be liable to the County for any and ll damages and all direct and indirect costsl r stoppages the work. m Limitation .on Alterations to the rt . "h r agrees t It w tl , r t It t wt occupying -any portion f the Property to make alterationsto the existingwindows, doors and/or walls from the time f the Designprocess until the constructionf the improvements completed. tions to this l t in itl the Manager. Failure to adhereto this requirement may, at the optionf the Program Manager in its soleIt In an immediate susp I f the construction f the Program improvements ow the Property. p r will be liable to the County for all direct andindirect t associated ith unapproved alterations damages related thereto. 19. Pre�and Post-Constructionw l-- i g Process. Pre- & post- constructionl testing is a very important that is designedt measure and determine the l achieved noiselevel reductionli attreated properties. If selected by the Programr for pre- & post-construction no testing, the PropertyOwner agrees to provide to their, property for testing w agreesto nottomake alterationsto the interior f their it the exception repairsff ` n from the tirne�f_t ore-construction l test to the post- construction I test. In an effort to insure I t nt noise datall ti , the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the timef the pre-construction pre-construction noise test to the post- construction nolsetest. The Propertyr understands t t the failure to adhere t this requirement in corruption of the noise testing t m Therefore, the Propertyw r understands they may be liable to the Countyr any direct and Indirect noise testing in the t these requirements are not met. 20. 'Cooperation, As reasonablyrequested, the r shall cooperate ith the Contractor, the Manager and Monroein the perfbrmance f all phases of the ProgramImprovements including, but not limited to, the removal and reinstallationof Tugs, li hangings andfurniture Ownero'se Inniation Agmement Page 7o1 21. !1tilitles. The Property Owner shall permit the Contractor to use, at no t to the Contractor or the County, existing utilitiessuch light, heat, power and water necessary to carry out the Pmgram Improvements. 22. l l ,.,x, t scheduled times and/or upon t less than my r (24) hours advancenotice if , the Property r agrees to provide to the Manager, Contractor, subcontractors, suppliers, ! County, t n I ! ! t the Property t l l all final design and biddocuments. These visits could include, but not be limited t , property survey, ! t rI l inspection, pre-noise testing n pre-bid visit. In the t the r falls t providethe n l! required NIPDesign !d Process visits, the Property Owner shall be removed from NIPparticipation. 23. Pre-Constructionr agrees to provide access to the Property forty-eight hoUm prior to the scheduled start of NIP construction. hi ! It will provide the n r with the Ill to ensure that the rt r has met all fumilture storage responsibilities. Failure could result in the in f the scheduled I construction the Property Owner shall ll be liable to t r Contractor for any and all resulting damages and all direct and I !rect cos is related thereto. 24. Pre and,rra t rest l_. g t h l tl n r upon not l t _ 4 r hours advance noticef f andlor r° and r the establishedconstruction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, County, t federal inspectors It t to the Property to provide all mqUlred NIP Pre-Constructiont- t i ! its. These visitscould include, t not be limited to final measurement, pre-construction inspections, I f Designated torage Space requirements, post construction inspections post- constructionI testing. In the event the Property Owner fails I for all re'quired,NIPt Construction visits, the Property Owner shall be removed from NIPn the Property Owner shall be liable l the Countyand/or Contractor for any and all resulting damages and all direct andindirect costs related thereto. 25. Construction f NIP construction contract, the Contractor will provide the Program Manager with their final construction schedule, which will include the required r of calendar days to completethe NIP construction in each of the participatingr n . Based an thi hedule, the ProgramIll assign each Property Owner with a designatedr of calendar r in hl construction Ill occur in their condominium. The Property Owner agrees to relocatefrom their condominium for the t! I t! m In addition, t Property Owner agrees not to re-enter their property for any reason during their assignedf r the t negatively i t Contractor. I t t they Owner falls to provide for their assigned constructiontime ri , the Property Owner shall be removed froml _..... ®nnnn _._.....® ..._ _- .._ _....__ _._ ... . NoisePropeny Owner 1 ' n a o 8 of 28 participation and the Property Owner shall be liable o the County for Contractor for y and all resulting damages and all direct and indirect is related thereto. 26. Construction Period Extension Due to Hunicanes. Since the NIP construction period will extend into the Key West hurricane season, there is potential for construction delays and/or stoppages, you the control of the Contractor, in the event of a threat of an approaching hurricane and/or an actual hurricane event. Due to this possibility, the Pmperty Owner understands hat delays may occur in additionto their originally assigned construction time period, without any fault or cost to the Contractor Manager.and Program Furthermore, the r agrees to relocatetheir condominium r all additional calendar days resulting from NIPconstruction work stoppagesu to a hurricane threat or event at no cost to the County, Contractor for Manager.Program In the event the r falls to provide the required additional access to their condominium due to hurdcane-relatedstoppages, the OwnerProperty shall be removedfrom NIPparticipation and the Property Owner shall be liable to the County and/or Contractor for any andall resulting damages and all direct and indirect I to thereto. . wDiscovery of , w„- isi Deficiencies During Construction. In the event the Contractor discovers pro-existingdeficiencies t the Property during the NIP construction that negatively p the installation l improvements, the Pmperty Owner agrees to immediately it and remediatesuch deficiencies in an effort to reduce any negative impact on the scheduledconstruction period. The Property Owner understands that, depending on the timing f he pre-existing defici ncrepair, the NIPconstruction period may need o be extended, no fault of the Program Manager or Contractor. 28. Impact of Unfomseenuli i „ itions on Construction„ r Schedule. r n that n building conditions that —adse duringthe I t ion may have the potential to increase the original scheduled in of construction, which is not the l the Program Manager nor Contractor. The Property Owner needs to planr t-case" possibility that the on In Il cheduled construction completion date may be delayedfew additional days due to unforeseen building itions that may arisecomplicate I construction. 29. Existing Window 1 Door Treatments, Shades and Blinds. The Property Owner understands that, after the installation of now NIPacoustic window doors, the existing i for door treatments, li s may not be compatible nor able' to re-Installed to size i n s between the now and existing i . 30. itin of Lrjj,. Duringh installation of the new acousticindows and doo rs, the NIPill be pmvidingn "sreplacement interior trim sills. The Property Owner understands that the NIPl e t trim will not match custom and/or specialized crown molding pattems and/or custom i and door trim. After the completionof the NIPmodifications, the Property Owner will have the abilityto make modificationsto the NIP interior trim it own expense. r Noise Insulation e t Page 9 of1 314 Co m' munication ." ulrements. The Property Owner agrees to read and review all NIP emalls and/or lefters in a timely fashion which are being provI ded by the NIP to ensure schedule conformance. In the event the Property Owner falls to meet this requirement, it could result in removal from NIP participation. 31 Title Examination. The Program Manager has obtained or will obtain, at its of cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 33. Qoqpgration in Aft-Ift1g. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (1) correct any title defects affecting the Property which ars disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (11) secure the written consent of any and all mortgage hoI ders to the Property Owner's conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the wTitle Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 34. 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 assurne 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 fbr maintenance and operation of these items. 35. Reduction of Fresh it Infiltration. The Property Owner mil be ivquired to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all r e- sponsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 36. Salvage of Materials &LEq_Wlpment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sole risk and expense, The County assumes no responsibility for the condition of the material, equipment or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, pflor to the commencement of construction, agree upon and execute a document listing those it to be salvaged. In the absence —Pro—per&' '6"'er—Noise—inn—ladonA"'g"--mm—en't'--- ......... Page 10 of28 of such a writtenagreement, all items shall become the property of the Contractor. Materials and equipment not listed forsalvage the Property Owner shall become the propertythe Contractor. . RMgqdy Insurance. uri construction period, the Contractor will providebuilder's risk insurance for the Property. The Property owner shall have the option, at the Property Owner's sole cost and expense, to maintain homeowner's insurance policy r the durationof the construction of the Program Improvements. rty Owner understands that, following final completion, the Contractors builder's risk insurance ill cease, andit is advisablefor the Property Owner to obtain insurance to cover any value h by the Program. 38. Ti in nd a of onstru ion. The r understands that there is a chance that construction itself a exceed h Contractor's original projected construction time period. The Property Owner also understands that the construction may involve t i I inconvenience and could generatei ifi # quantities u a rirendering in the in i t r extended periods of time. . Labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits an actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors suppliers it issues relatingo labor, materials acoustic designs utilized in the Program Improvements. othin in this paragraph shall limit the warranties for materials and workmanshipi in the contractit the general contractor. . I.e of Pron In the eventr sells, nvy or otherwise transfers ftie to the Property before the completionII phases of the process,Program the Propertyr hereby agrees to provide ther with a copy of this Agreement prior to the closingn the sale, conveyance or other transfer, and transfer all of the Property Owners responsibilitiesobligations under this Agreement to the buyer as a condition of the purchase, conveyance r other transfer of the Property. 1. —Waiver. No waiver of, acquiescencein, or consent to any breach o any term, covenantor n dition hereof shall be construed , or constitute, waiver o , acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, v n t or condition hereof. 42. Release In the event that this Agreement i cancelled or the Countyi h t the Easement should be released of record, Owner,the Property upon u t by the County, shall pay to the County the sum of One HundredDollars ( ) to cover the costs of the preparation recording the Releasea in the public County, Florida. Property Owner understands that it is the Property Owner's responsibility insure such payment is made in order to "cl aru the title to the Propeny Owner Noise Insulation et Page 11 eft L004 43. By Resolution No. 111- , duly motioned and passed at a lawfully announced public meeting, the Boai�_of County Commissioners of Monme County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute this—Agreeme—ntors—behalf of the County without further action by the Board of County Commissioners. 44. Attachmes. Attachments o s Agreemenncude he fbown , g which r i t ae ncorporaid— nt t thi t i l t il i Into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit Q Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement 45. General Conditions. a. Goveming,, rotation, 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 enforDement 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 attomeys' fees, court costs, investigative, and out-of-pocket expenses, as an *award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Flodda Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. BI nq Effect, -The terms, covenants, conditions, and pravisions of this Agreement shall bind -and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. .....- — ® ------------PMP"Owner Noise Inniation Agreement Page 12 of28 c. x_ v lli� . ! any covenant, conditionor vision this Agreement ( r the applicationthereof n circumstance or person) shall be declared invalid or unenforceable y extent by a court of competent jurisdiction, the remaining terrns, covenants, conditions and provisionsthis Agreement shall not be affected thereby, acremaining condition and provision of this Agreement shall be valid ll be enforceablefullest extent permittedby law unless the enfortement of the remainingcovenants, conditions andvisions of this wouldAgreement v n the accomplishment of the original intent of this Agreement. d. trit . Each party representsto the other that the execution, delivery and performance this Agreement have been duly authorized by all Countynecessary e y Owner action, as may be requiredy law. e. Duration of&greement. This Agreement shall commence upon the execution of this Agreement, subsequent ecuio the Property Owner and the CountyIl remain in effect for a periodreasonably ui to effect the Program Improvements (t "), except as may be sooner terminated i accordance i visions of this Agreement. f. Acceptance auamwvGrants, As-s-lstancq Fun r guests. _ _ . The County n r 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 r the purposes of this Agreement. Claimsg. for Federal or State Aid. The Countyr agree that each shall be, andis, empowered to apply for, seek, and obtain e I and state funs to further the purpose of thisAgreement; provided that all applications, requests, t proposals, and fundingsolicitations the Property Owner shall be approvedthe Countyprior to submission. . Adiudication of Disputes, or Disggrgemepts. Then d OwnerProperty agree thatall disputes and disagreementsII be attempted to be resolved r sessions between representativesc i . If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the t to seek such relief or remedy as may be providedy this Agreement r by Florida law. i. Nondiscrimination. The Countyn r agree that a there will be no discriminationin n it is expressly understood that Upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates witout any further action on the part of any party, iv 'the date of the court order. The CountyOwner agree to comply with all Federal and Floridatut II local ordinances, as applicable, I tin to nondiscrimination. These include but.are not limited t : ( ) Title I of the Civil Rights Act of 1 ( .L. - ) which prohibits discrimination on the basisf race, color or national origin; ( ) Section 504 of the Rehabilitation1973, as amended ( U.S.C. s. ), which prohibits discriminationthe basishandicap-, ( ) The Age Discrimination Act of 1975, as amended ( U.S.C. s . 1 1- 1 ), which ..........._e .... ......... Oise Insulation e t Page 1 -of28 prohibits iscri ii n the basis o ; ( ) The Drugu ise And Treatment Act of 1972 - 5 ), as amended, relatingto nondiscrimination on the basis drug ; ( ) The ComprehensiveAlcohol Abuse And AlcoholismPrevention, Treatment and Rehabilitation Act of 1970 ( . 1- 1 ), as amended, relating nondiscrimination on the basis of alcohol abuse or alcoholism, ( ).The Public Health Service f 1912. 7, (42 U.S.C. - ), as amended, relating to confidentialityalcohol and drug abuse patient ; ( ) The Americans With Disabilities1 ( . 1201 Note), as may be amendedtime time, relating to nond iscri i nation on the basisi ili , ( ) The FloridaCivil Rights Act of 1 r 760, Florida Statutes, and Section 509.092, Florida Statutes), as y be amended from time to time, relating to nondiscrimination, ( ) The Monroe County i inn (Chapter 1314, Articleill Sections 1 -1 1 through 1 -1 ), as may be amended from time to time, relating to nondiscrimination; and (1 ) any other nondiscrimination provisions in any federal or state statutes r local ordinances is y apply to the i o, or the subject r of, this Agreement. j. gqpR in. In the event any administrativeor legal proceeding i instituted against either party relatingthe formation, execution, performance, or breach of this Agreement, the Countyn ner agree to participate, to the extent required .bythe other party, in all proceedings, hearings, meetings, and other activities relatedto the substancethis t or provision of the services under this Agreement. The County and Property Owner specifically agree that partyno this II be requiredenter into any arbitration proceedin s related to this Agreement or any Attachment or Addendum to this Agreement. k. Books, Records, and Documents. The Countyr shall maintain books, records, and documentsdirectly rtin t to performance under this in accordanceit lly accepted accountingrind I consistently lied. Each party to this Agreement or their authorized representatives shall have reasonabletimely s such records of each other party to this Agreement fbr audit purposes duringthe term of the Agreement and for four years following the terminationthis Agreement. I. Covenant of No Interest. u tProperty Owner covenant that neither tl s any interest, andII not acquire any interest, whichld conflict in any manner or degree withits performance under this Agreement, and that only interest of each is to perform and receivebenefits as recited in this Agreement. m. Code of Ethics. The Countythat the officers and employeesof the County recognizen ill be required to complyit the standards of conduct relating to publici ldelineated in Section 112.313, Floridatuts , regarding, but not limited licit io r acceptance of gifts, doing business withagency, unauthorized n ti n; misuse of public position, conflicting employment r contractual relationship; and disclosurer use of certain information. ._.... _ _...—_._... Povpeny Omer Noise Insulation Agmement Page 14 of 28 that, in respect t its f,-it neither employed r t Owner t nn. licit i nnt.. County r person, other than a bona fiderldnn solely for it, to soHcIt or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firrn, other than i i for it, any fee, commission, percentage, i , or other considerationcontingent upon or rasufflng from the award or makingof this m mintm For the r violation oftis provision, t Owner agrees that the County shall have the right to terminate this Agreement without liability , at its discretion, to offset from moniesa or otherwise recover, the full amount of such f , commission, percentage, gft, or consideration. permito. Public Access. The County and Property Owner shall allow and reasonaWe access to,dinspection of, all documents, papers, leftbrs, or other materials bject to the provisionsf Chapter 119, Florida t tuts , and made or received the Countyr in conjunction with this Agreement; and the County ii have the right to unilaterallycancel this r unt upon violationf this provision by the Property rW Public Records Compliance. Property Owner must complymth Florida publiclaws, including but not limited t r 119, Florida Statutes ion 24 of article i of the Constitutionf Florida. The County Property Owner shall allow and permit reasonable access to, andinspection f, all diocuments, records, papers, letters or other "public record" materials in its possession r under its control subject to the provisionsf Chapter 119, Florida Statutes, and r received the Countyand rt r in conjunction Wth this not and relatedto contracta n W The County shall have the right to unHaterallyi this contract upon violation f this ° i mn by the Property Owner. FaHiure of the Propertyr to bid t t f this provision i i iimaterial breach f this not mn the n enforce the terms-of this r i i in the form of a court proceeding and shall, as a prevailing , be ntiti to reimbursement f all w fees andt i t with that proceeding. This provisionii survive m termination r expiration of the contract. The Property Owner is encouragedto consult with its advisors about Florida ii in order to complywith this provision, Pursuant to F.S. 119.0701 and the terms mn conditions f this contract, the PropertyOwner is requiredt 1 and maintain ii that would be requiredthe County to perform the service. rm receipt from the County'smu t m f records, i the County it f the requested records or allow the records to be inspected r copied within l time t a cost that does not exceed the cost provided in this chapter or as otherwisei law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosurerequirements not disclosed except as .........._..... — .. , ........_......®®_ ..._............ e_...... Omer Noisel 'o nt Page 15 oft authorized by law for the duration of the contract term 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 transfer's 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 requirements. 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 County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect orcopy public records 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 records to be inspected or copied within a reasonable time. If the Property Owner has questions regarding the application of Chapter 119,' Flodda Statutes, to the Property Owners duty to provide public records relating to this contract, contact the Custodian of Public Records, Bdan Bradley at (305) 292-3470. p. Non-Waiver of imMunity. Notwilthstanding the provi . sions of Sec 768.28, Florida Statutes, the it tiro 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 insurance 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. EjA2M god 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 vAthin the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such ofters, agents, volunteers, or employees outside the tenritorial limits of the County. r. Legal QbliqgtLons gnd Respqnglb litl Del es- Non- egation of Constitutional or StatutoU Duties. This Agreement ls�not lntendeato� r flit be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual 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, N0pev Omer Noise Imuladon Agmement Page 16-of28 state to ii , the provisions of Chapters 125 and 163, Rodda Statutes. s. Non-Reliance by - r entity shall be entitled to rely upon the terms, or any of them, of thisAgreement to erdorce or aftempt to enforce ' i claim r entitlement to or benefit of any service contemplated m pl r, and the Countyr agree that i r the OwnerCounty nor Property our any agent, officer, or employee each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group f individuWs, entityor entities, have entitlementsr benefits under this apart,separate and infedor , or superlor to the community in generalr for the purposes conternplated in this . st i_ was. nee cud sup uu n the i i ire pegobligations dutiesand u our Property Ownerunder is Agreement. . No Personal Liability. No covenant or agreementinn i shall be deemed to be a covenant or agreement of any member, officer, agent or empi in his or her individual capacity, and no member, officer, end or employeea h ii be H die personally on this Subject i liability our accountability by reason of the execution of, this Agreement. . Execution in Cou ntervarts This Agreement may be executedi any ur of counterparts, each of�which shall be regarded as an original, all out which ken together shall constitute one and theinstrument the i hereto may executei r m r signing u h counterpart. Sectionw. dings. Section headings have inserted in this Agreementrr of conveniencereference only, and It is agreed that such section headings are not a part of thisr iii not be used in the interpretation of any provision this Agreement. r Noise I t e17of28— IN WITNESS , the Property Owner and the County have executed this Agreement as of the day and year first above written. . .... WITNESSES: PROPERTY OWNER: q' rp Signatunq ��pI �d` t ++y, ri re Signaturec , to _ Print m ........ _.... ( WITNESSES: : Stpin Biro f f _.,, �. ... g , r PrintedPrintadA ame Name tt,a re IV Signature ^sett�•'� �JDate �. ,k ahmmnrmn�a'� > ��pwfi'�'� � �ra��.w�, txoIMx^ Prfn Name .v.. ,.:._.::::,,.v... .::,,.,...�..... ._..c. h •COUNTY4 7 COMMISSIONERS: ( el} MAYOR 1 Attest: ,,,KEVIN MADQk, CLERK Slyvi r �5 n Deputy I I nature Date� x,.,, w� t T PM Propen:y Owner Noise Inmladon Agiwment age 18 of 28 Deft PROGRAM POLICY STATEMENTS Exhibit PropertyTO i Insulation r A. Air_Conditioning: General Restrictions. While providing a new ductless "mini- split" AC systemto your condominium as a part o 'the Noise Insulation ro r modifications, the following limitations and restrictions will apply to all condominiums: 1. All condensing units will be installed on the balcony 2. II refdgerant lines (running from the balcony condensing unit) will be installed consistent with KWBTS Boardpolicy rules, maintaining a maximum height of 48 inches. . All condensate lines will be installed on the building exterior consistent with KWBTS Boardpolicy rules to ensure the highest level of consistency and building architectural aesthetics. 4. All interior AC lines (reffigerant, condensate, l 1) and Energy Recovery Ventilator ( ) ducts will be housed in new vertical wall and comer pilasters which ill be constructedmatch the quality of existing walls. The number and locations of the now vertical wall and comer pilasters ill differ depending on your unique condominium floor plan and number of bedrooms. The NIP executive architect will view this information with you at your NIP DesignReview Meeting. 5. Only electdcal service panelsthat are determinedthe m Manager to be deficient will be replacedy the Program as a part of the Noise Insulation Program modifications. B. e_Window III Replacement. Due to the presence of asbestos, the NIP will provide new custom # this vied o surroundand sill instead the existingboa surround. u plan, existing custom sills (marble, nit , ) will not be replaced. This revision will be an improvement, it c ai constriction costs and improving time efficiencies. C. Custom I I Restrictions The new asbestos abatement requirements will restdct the ability to remove existing custom trim and baseboard prior to construction (as originallyassumed), which will not allow sufficient time r the awarded n i contractor to secure custom matched replacement trim. Therefore, existing crown moldings, wall trim, and 'base, the contractor will, instead, cut the existing woodtrim flush to the face of the now pilaster or thru wall c-infill, At new pilaster locations and, if the thru wall ac infill abuts the existing baseboards, the contractor will install a standard ( " t)" painted wood t1im to abut the existing tHm, rather than attempting to match the existing custom trim profiles and matedals. After the completion of the NIPion, the a owner ill Exhibit - e erNoise Insulation Agreement e 19 oft have the option to replace the installed trim it r custom trim to match the existing materials n profiles. D. r Threshold Heights. Due to stringent Florida hurricane impact and water infilt in building codes, all new aluminumacoustical prime entry swinging doors sliding lass patio doors ill have thresholds that are considerably higher (from floor) than existing door thresholds. These higher door thresholds si e t provide optimum protection to the interior of a condominium from water infiltration during hurricane. E. KWBTS Asbestos i o.... As required by state and federal requirements, u asbestos testing n all participating T iniu s in Buildingsand C during the November 2017 to April 2018 time period. This testing included Ile i to 9 samples at each condominium to include gypsum board joint compound, window glazing, and exterior n t t l p 1 bN. l collected window n door caulking. I addition, ndo a exterior stucco l n buildingelevations. Depending the laboratory n I i f these samples, the presence of asbestos containing at ri is (ACM) have the potential to impact several areas of the NIP construction process to include: - window removal and acoustic window installation, door removal and acoustic door installation, oval of portable "through-wall" AC units n the inflilling of openings, coiling cuts required for installation of the ductI , wall cuts required for the installation of the ductless AC, construction of vertical wall pilasters requiredt installation of the ductless AC system , construction of closet it for installation of the ERV. F. Asbestos t Requirements In to event anycontractor samples r 11 showpresence to containing (ACM), the requiredto perform the fbilowing abatement requirements uri construction: ifs cl s s i wm c of ` 1 The NIP contractor will be required to complyit er safety requirementst include worker respirators, poly curtains in all areas wheresurfaces disturbed and the use of HEPA vacuum cleaners in the areas where surfaceschipped, cut and/or sanded. -Arop&V Ovmer Noise Imulation2®o}2-8 if ga le a reven 1A 9�om1 CM 0 rforyn lull asbestos abatement procedures as W P r c co ct W 11 b ul 7dcto or 8 riq t N I P directed by the Environmental Prote tion%ency(EPA)to include: - Construction of ACM containment barriers in all areas (wal/s, ceffings, closets, windowsldbors), approximately 4 feet from all walls and areas impacted by the NIP modifications, - Abatement and bagging of ACIVI (resulting from demolition process) by certified asbestos abatement staff. - ir® 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 pruvide 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. - 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 KWBTS property owners. This plan wIII result in now property owner requirements and design restrictions which are outlined below. H. KWIBTS BOARD Aq!t2d! ! I he 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 3. Acoustical Window and Door Operational Styles 4. Interior Ductless ffMini-Split" AC System Installation Requirements 5. Interior Ductless "Min!-Split7 AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment Exhibit A-P),openy Owner Noise Imulation Agmment 'P'—a—ge 2-1 of28 LEGAL DESCRIPTION OF PROPERTY Exhibit B TO Homeowner Noise Insulation Agreement Unit 105-C, KEY WEST BY THE SEA, a Condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, of the Public Records of Monroe County,-Florida. Exhibit B-Property Owner Noise Imulation Agreement Page 22 of 2-8- PROGRAM IMPROVEMENTS Exhibit C To 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: Architectural Drawings Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) Exhibit C-Property Owner Noise InsWation Agreement Page 23 of 28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consi i de'ration of the compensation to be pad on behalf of the County and the Program ibr the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Properly Owner and to which this EmhibN D is attached, the undersigned, fbr and on behaIf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, rernises, discharges, indernnifles and covenants not to sue, instftute 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 tl-w consequences thereof, and any of the foregoing which may accrue to the undersigned or it respective heirs, personal representatives, successors and assigns in connection with any and all Pro-Existing Deficiencies (the "Deficiencies!') against said 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 far the Deficiencies presentint , isible 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 perfbrmance of the Program Improvements. 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 vwrsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Prop" 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 uncove.rad during the construction period, the Property Owner agrees to complete - --— —------- --——------- --—----------- Rchibit D-Prvperty Owner Noise Insuladon Agreement Page 24 of 28 necessary repair's to than Property, to the acceptanceof the Manager t minimize mi ny delay or stoppages of work. 7. The undersigned l and that all of the releasei harmless Indemnity mni i i sms set forth in Paragraph I of this It Q applyt property damage, �njudes, deaths, or damages adsing from the Deficiencies and/or all negative Impacts that later result after the addition of the Programimprovements. The provisionst this Exhibit Q shall survive the terrninaflon or expiration of the Property Owner Noise Insulation mr m t. Exhibit shall binding upon,undersigned imp to the mtit the the � provisions t this _ and of i their respective heirs, personal representaflves, successors andassigns. � I m "� „u. SI j c [t" 'mot Y� F 14 Signature ' t x a r' tt Iz 1,` . — , j Pdnted Name "" to j � V111 'NES � �, _ ..................PRO �OWNER', � _m.... Aj P TY i nature 4- Prin U71 Name lJry R"'Irdw,Neire �.m C signature ®. a t , Prin=Name WITNESSES: PROPERTY OWNER: Signature Signature :,..::a,�_ Printed Name Printed e- Signature I ... " Printed-Name n a te _... _............®_ FA01t D-Property Uwner Noise Inadation.agreement Page 25 of 28 VENTILATION HOLD HARMLESS AGREEMENT rExhi it E To Property Owner Noise Insulation Agreement 1 In partial considerationcompensation I 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 Ownerand Property and to which this " the undersigned, for and on undersignedbehalf of the " personal representatives, successors, and discharges,assigns of the undersigned, fbrever releases, remlses, Indemnities and covenants t to sue, institute claimsr institute any proceedings against, the r f it f consultants and/or contractors concerningll claims, demands, damages, actions or causes of action whatsoever kind and nature on account of bodily' lnjudes property and the consequences thereof, and any of t iwhich undersignedthe r their respectiverepresentatives, successors and assigns in connection wfth any and all Ventilation Deficiencies (the "Deficlenclesm) against 8County or any of itsofficers, agents, employees, consultantsand/or contractors legallyliable. 2. The Program Improvements may include the additionacoustical windows and doors, removal and infilling of "t ■ il" portable air conditioner units and the addition of a replacement ductless "mini-split" air conditioning system. these modificationsill result in a tighter interior t due to the elimination all passive inside outside it leakage that was naturallyoccurring in all openings, the Program will l include taddition ventilation ( which will l t Inside '/ outsideit condominium requiredit ■ Giventhe tightened interior i of the treated i the OwnerProperty agrees to assume full responsibility for the proper operation of the new ductlessProgram tiltion (ERV) unit to avoid potential for mold and moistureproblems, I lI condominium Is losed and uninhabited. 4. Due to FAA eligibilitylimitations, ill not be providing exhaustbathroom fan treatments. Sincet t f moisturetI in the interior environment of a condominium, t r agrees to assume full responsibility for ensuring that all bathrooms have an operable bathroomexhaust fan Ie of property exhausting bathroom1 r of the building. It should also be noted that the original KWBTS condominiumsr constructed °t 11 wall vent that was designedto allowthe passive exhaust of Wibit E- r Noise inmiation —Page6—of2 bathroom moisture in a central building 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 condition, these original wall vents (ff 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 sealin iginal 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 laundry dryer vent to the KWBTS central building exhaust shafts, they agree to correct this deficiency by properly exhausting their laundry dryer exhaust In an It tip method that meets current building code, at their cost before the initiation of the Program constiuction process, Furthermore, the Property Owner agreesto assume any and all liability relatedto the improper dudng of their laundry dryer exhaust. 6. 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 intedor 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 fbr the maintenance and operation 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 I of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all intertor 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 expination of the Property Owner Noise Insulat Fon-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, successom and assigns. WITNESS PROP.". TY OWNER.-) Nif-I L Sig atu. ......... M, A AL A P Name ri Pdnted —Ime sicnstu� Date HOW Name ........... ............... F-rhibit E-Property Owner Noise Inm1ation Agreement Page 2 7 of 28 WITNESSES: PROPERTY OWNER: 816nIture �� ..m.. r' , vu k A s I u a «.. �. Pdnted Name Li I ntu q , °j`h A."AW ._. LA5,is N-Name - . ......... _._. WITNESSES: PROPERTY OW"_NER: - S1 na e Printed Name�� w Printed Ni- SIgnatum Printed Name Erhibit E-Property OwnerNoise Insuldtion Agreement Page 28 of2