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09/18/2019 Agreement/Easement-C107 �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 Pmmared Sy-and or NIP Assistant1 n r ROcOrded4/21,202010.49 AM PW 1 of 4 THC, Inc. 710 Dacula .g Su Ite 4A#315 Daed Doc SWW so so Dacula, GA 30019 Filed "IGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this 94ey of \k-Au t " ", herefnlafter referred to as"the Property r,"in r of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic i r r " ." RECITALS. OwnerA. The Property is the fee simpletitleholder to certain ! ') located in Monroe County, Florida, more particularlydescribedfollows: i - , CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common element% according the i tiCondominium thereof, recorded in Official Records Book 589, Page 370, as amended from time time, of the Public Monroe County, Florida. also identified as street address. "2601 S. Rooseveft Blvd., Unit C1107" is the owner and operator of Key West International iAirporir)and desires to make properties that, through interior noi ti , are determined incompatible It of their exposure to aircraft ! [ 1 r residential purposes through the implementation of a NoiseInsulation ("NIP"). C. Under the , the Airportwill design ane install or pay for the installation improvements and modificationsto the Piroperty Owners Property necessary to reduce interior i levels least 5 d13 and to bring the average interior l [ below dB in accordance withI Aviation Administrationl[ [ng of an Avigation Easement ("Easement") [ ' ion of participation in the NIP'. will supersede any implied ' tiobtained under applicable laws. fundingD The id NIP will include i the UnitedStates Airportpursuant to the r t willi [ funding f t , i i i it r of the Airport. OwnerE. The Property desires to participatein the NIP and has entered into key _ - .. _ ,._. ........ .___ ..._—.., of st Page I 9 Owner Noise Insulation a ith the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providingcertain i t soup attenuation construction on all eligible si ti I structures the property necessary to achieve ion in DNL indoor noise levels of at least 5 dB and bringthe aver-age interior noise level below in accordance with. Federal Aviation Administration policy. F. The Property Owner fully understands that the NIPeligibility l change at some time, but is currentlythe 2013 ExistingCondition Noise Exposure acceptedby the Federal Aviation Administration ( ") on December 19, 2013. G. The NIP will be administeredin accordance withthe r 5100.38, i Improvement Program Handbook. H. It is the purposef this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE,for and in consideration of the improvements to be made to the Subject throughProperty the I ,the receipt and adequacy of whichis hereby acknowledgedh parties, in consideration and incorporation into this Avigation Easementrecitals t forth above, the Property Owner and thefollows: 1. The Property Owner on behalfof the Owner and its heirs, sins and all successors in interest, dos hereby grant, bargain, sell and convey to the , its successors assigns, t I avigation easement over the property. The use of the Easement shall include right to generate andi noise o cause other effects as y be associatedi the operation of aircraftover or in thevicinity of the property. This Easement shall apply to all such aircraft activitythe Airport, present or future, in whatever form or type, duringor from the Airport, and it being the intent he parties that all such Airport activity shall be deemed to be included 'thin the purviewof this Easement. . This Easement shall be perpetual in nature and shall bind andn with the title to the propertyand II run to the benefit of the BOCC or its successorin interest as owner and operator of the Airport. . The Property Owner on behalf of the r, its heirs, sin successors in interest, does hereby releasey and all related partiesof the including not limited i agents, servants, employees and lessees, y and all claims, demands, , liabilities, 's fees or causes of action of everykind or nature for which the Property Owner or its heirs, assigns, or successors currentlyhave, have in the past possessed, r will in the future possess, as a resulti io r aircraft activities noise levels I o 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, n other effects of the operation the Airportr of aircraftlanding or taking off at the Airport. KAy Wed International Airport iP—Avigagon Easement(unit 107) Page 2 of . This Easement expressly excludesand reserves to the PropertyOwner and to the Property Owners u , assigns andsuccessors in Interest, claims, demands, damages, t , liabilities, t , attorneys' or ' f , or causes of action for physical damage or personial injury u any iu r r part of any aircraftusing the Easement that does identiflablem urn the r injury to a person n the property by cominginto iwith the property or the person on the property. 5. Should elther party hereto or any of their successors or assigns in interest retain counsel to enforce. f the provisionstun or protect its Interest in any mafter arising under this Agreement, or to recover damages by reason of any alleged breach of any m ul f this Agreement, the prevaRingparty l be entitledIt costs, damages and expenses incurred Including, t not limited t , rn fees and costs incurred in connection thereWth, including appet t action. . No provision of this Agreement is to be interpreted fbr or against any party because that party r that partys legal representative drafted su m i un. This Agreement shall be interpreted and cun tr ulun to the laws of the Statel ri . breachm f this r u t may be waivedunless in writing. Waiver of any one breach of any provision of this Agreement shal t be deemed to be a waiver of aun t r breach ofthe same or any other provision ofthi ur unt. This Agreement may be amended only by writteninstrument executed by the partiesin interest at the time f the modification. to the event that any oner more covenant, condition or provisioncontained herein is ld invand, void or illegal by anycourt of competent jurlsdMon, the same shallt u m the remaMer of this r t and shall in no ff a impair or invalidate any othn r provision hereof so long as the remaining provm ii n t materially Wter the rights and obligationsthe parties. If such condition, covenant or other provision shallinvand dueto this r breadth, un nt, condition or otherm dr un shall med validto the unt f the scope or breadth . 8. In the event the Airport shall be subdividedInto than one1, or the Airportr portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC, then'then'and in that evbnt the parties agree that same shall not terminate r otherwise affect this Agreement so long portion of the Airport conflnues to operatefor standard airport flight purposes, andthat any such successor n Interest to the l untitt to all of the benefits running to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs f maintaining arm fin any und aftenuabon materials aun m unt installed in the Property by or on behalf of the . KeyWW Intemalonal Airport NIP vI This Easement Agreement is executed as of the date first above written. - PROPERTY ' P ROPERTY 1.0V IER Barry T.i3n3eNrYl Audrey G.Greenhill m ...,.. Printed Name pid No—me 1/72019117 19 AW STATEdo x 'tee • � t go COUNTY FOpp lo The Instrument i Janua � $ ; . ♦G by Barry T. Greenhill Audrey G.Greenhill OwnerProperty (s) kiiir My commission I • �. WITNESSES:MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: iinstus i n�. Pr�nmd . �.� sl9natum .. Printed Name — 3 gY A W 3m I STATE FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged 1,.,m vfit� a)i me 2Q by as Mayor of the Monroe County Board of CountyCommissioners, . pu i ��. MON�� o a + RM KeY West lntemational Airport NIP—Avlgaticn Easement Nnit t�C107) P � ASSI$Ii. N Y A RN Pape 4 oi:4 r. , Daly �.. v West bv the Sea ' .. Name(s): Greenhifl PROPERTY OWNER NOISE INSULATION AGREEMENT THIS INSULATION (this t") is made and effectivete last below written by and between MONROE COUNTY, a municipal corporation i i tl r the laws of the State of Florida (t , undersignedand the ( " . WHEREAS, the Property Owneri the solein fee simple certain I property located in the City of Key West, County of Monroe, State of Florida, and more particularly t (t "Property"); and WHEREAS, the County is the owner and operator of the Key West Intemational Airport (t 'Airport"), situated in the Cityt, County of Monroe, State in closei to the Property; and WHEREAS., the County desires to obtain benefit oft l of free t flight for aircraftlanding , taking , or maneuvering about the Airport; WHEREAS, t i to participatein the Key West International irport's Noise Insulation Progr (t " and, as part of the OwnerProgram, the Property has electedi i l treatments improvements to the Property as more particularlydescribed hereto (t " p said Program Improvementsto be paidr by the County t no cost to the Property Owner and in exchange for the granting of an avigation easement over, across and through the Property, and WHEREAS, the County ill enteri tr ion contract with general contractor ( to provideinstallation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting managera team and assistant manager, architect, mechanicall electdcal engineer, acousticiant i r selected by the County ( " P Ownerand WHEREAS, the Property and the County mutuallydesire to the terms upon whicht will participate In the Programt the termsconditions iherein; NOW, THEREFORE, in considerationf the terms, covenants and conditions t forth herein, and other good and valuablel tl , the receipt ______._...._��.�.. ..�................ P�-qp"Owner Noise Insulation Agmement Page 1 of 28 ._.: sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as fbilows: I. Grant of Easement, Simultaneously with the execution of this Agreement, the Property Owner, executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full fbrce and effect and is hereby ratifted in all respects. 2. Pro(iram Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a sedes of Program Policy Statements outlining construction and eligibility restdctions. The Property Owner understands that prescdbod Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Prograrn Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. ® Payment of PLogram Improvements. The County agives to pay for the Program Improvements descdbed in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and perlbaned by the Contractor. 4. ftm ppdIn mp title Bd Process. The Property Owne sha no Ago _�tfliv i_ r ll t impede or interfere with the Contractors ability to select between approved product manufacturers and subcontractors In the preparation of bid submittals. To insure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. F-allure of the Property Owner to Comply Wth this provision shall, at the option. of the County in its sole discretion, result In disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program improvements consist-ant with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Pmgram Manager, Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction, a. Pdor to the start of NIP construction, the Pmperty Owner all meet alI Pre-Construction requirements to include: (1) Removing all valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.)from their condominium; (2) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white .............. ............Propeny Owner Noise Amlation Agmement Page 2 of 28 space in sketch) for the Contractor. When doing so, 'the Property Owner %Will have the ability to utilize the complete "floor to calling" space. (3) Removing of all excessive fumiture and belongings from the condominium that will not fit in the "Designated Storage Space Aream; (4) Removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and storing them in the Tesignated Storage Space Area"; (5) Removing all electronic and dust-sensitive its from their condominium or wrapping with protective poly before stodng them in the "Designated Storage Space Area"; (6) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storing them in the "Designated Storage Space Area"; (7) Moving all small It and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketcho b. After completion of the NIP construction, the Property Owner shall meet all Post-Constniction requirements to include: (1) Moving of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: the condominium; (2) Moving of any excessive furniture and belongings inn back o (3) Re-Installation of all wall treatments, door treatments and wall hangings back to their original positions in the.condominium. c. In the event the Property Owner falls to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto, d. In the event the Property Owner falls to perfbrm any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. ® Impgding_Construction. Once construction of the Prograrn Improvements begins, the Property Owner shall not impede construction or alter construction I ® In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or a*Itering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or ............. AmpaV Owner Noise Imulation Agrwment Page 3 of28 the construction schedule, the Property Owner shall be liable the met r and the m t for any damages andand ni sty related thereto. B. Safe Working_gnVironment. The Property Owner shall be responsible r providing a safeimp nvi m m m met for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State andfederal Inspectors. a. Throughout all phases of design andn tm° form of the Program Improvements, the Propertyr shall be responsibler: (1) Providing a workinga m mom t -that i free from t ntI l health risks, Wohazard conditions, hazardous chemicals, obstacles, weapons of any rm r l of RefmHng from verbal abuser profanity; RefraIning from aggressive physical contact, Insuring that all pets are completelym n ulmrm . b. In the event the Property Owner falls meet t o the foregoing conditions, the Program process may, at the County'sm to � be temporarily suss at 'any time.. In such event, the Program Manager shall notify the Property Owner In writing, stating the 6orrectiveand/orcondition(s) required b to be completedr performed by the Property Owner prior to the. Countyresuming the Program process. . In the vent the Program process is not resumed to the Property Owner's failure to completethe corrective action(s) n / r condition(s) required the Program Manager, the Property Owner shall be liable to the County and/or nt r for any andall damages andall direct and indirect t related thereto. d. It the Program process is um , the Property Owner shall be liable to the County and/or Contractor for any andl damages andall direct and Mdlrect costs related W or caused by the temporary suspen'slon of the Program process. 9. Construction Deors. During the construction , the Contmctor may r m n complications miatingto the installation of the Program Improvements. The construction contmct shall provide that delays related to these unforeseen com pli to m the control of the Contractor and shall be excused so that the time fbr comptetion may reasonably be extended. Construction schedu may alsoIt there is a delayin awarding of the contract or if the Program Improvements to be re-bld re-bud un the event of lack of bidding met t and/or failure of the lowest responsive, spongy i r to executethe contract, provide a payment and n r show proof of required insurance. 10. Changes to Scope, t m t t plans and theProgram Improvements, t Its T mom t right ......._ ... __.._m . PMP"Owner Noise InsulationAgreement a sole discretion, n iduring process, provided such changes do not reducethe scope or quality of.theImprovements scri in Exhibitn such changes are necessitatedby the discoveryi conditions not it detectable rin I property inspection procedures. 11. Acceptancea, of _o on completion of the Improvements, the Program -Manager shall inspect. or cause the inspection of the Prognam Improvements to determine if they were completedu u t to the terms of the contract. The Program Manager retains solediscretion and authorityn program conformance n n issues hey relate to the Contractor, subcontractors, suppliers is designs. The Property Owner is requestedto attend the Substantial I do Inspection and provideinput to the Construction Manager with respect to the identified -list items. In addition, the Property Owner is welcomet attendthe Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability provide input to the Construction Manager with respect to the c the Program Improvements. In the eventthere is a disagreementn the Property Owner and the Program Manager as to a conformancer performance issue, the Property Owner shall be requiredto submit the discrepancyin writingCounty (representative the NIPconstruction process) within 7 days of the inspection giving rise to the discrepancy. t shall then make a determination o the acceptabilitythe n 1 nc issue and any remedial ion that may need to be taken. Monroe CountyII be the final arbiter o n l r lis u . Failure by the Property Owner to submitthe written complaint iti the time period specified above ll thereafter foreclose the OwnersProperty right to file complaint. 12. Termination_ n . The Owner h t signing oft i Agreement _ both the BIDI o the Program Improvements o in accordance with . Therefore, if the Property Owner attempts to terminate this r otherwise impedes the progress of the performance of the Program Improvements after the award f the construction contract, the Property Owner will be liable to the County for any and II damages andII direct and indirect s caused thereby. .13. Warranties. The Countynot represent or warrant the level of noise reduction thit Owner will experience within the Property as a result of the Program Improvements the Program. a. The County that its contract withContractor will include standard one (1) year warranties from the Contractor for all materials andworkmanship. Such one-year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 9. b. t the andconstruction, the Program Manager will provide Property Owner with a Warranty & Final Closeout Package which will contain copies the warranty policies, product instructions, design documents and legal documents. condition receiving the Warranty & Final 'Closeout Package, Owner Propeny Owner Noise Instdadon Agreement Page 5 of 28 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 responsible 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 Owner's inquiry is not directly related to either construdtion warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Pmperty Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter, (2) The Pmperty 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 Piroperty Owner believes that service is required with respect to product warranty issues, the advertised warranty peflod for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service 'la required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Exilstin Deficiencies. The Property Owner will be required to sI gn Exhibit Q (Decncy l l Hod Harmess Agreement) hll imput ll whic vAe a responsibility�and liabifiie lity to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. . . Pre-Work Reqg:lrements, 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. The r Il wl t l ll oe funds and er the re(wire_red deadlines as establish@d by the NIP., In the event the Property Owner fails to complete the designated Pre-Work It by the established NIP deadline, the Property Owner shall be ivmoved fmm NIP participation and the Property Owner shall be liable to the County and/or Contractor fbr any and all resulting damages and all direct and indirect costs related thereto. 16. it of Kev West "Hard-Wired" Smoke Alarm Reri, t® In compliance with the City of Key West Fire Marshall and the City of Key West Building Department construction permit issuance requirements, the Property Owner will be requI red to install 120-volt "hard-wired" smoke alarms in their condominium in ............. Propen'y Oume'r Noise InnIation Agreement Page 6 of 28— accordance with all applicable codes and regulationsthe ldeadline as established the NIP. The Property Owne Ill q. . �.i -to_ensunk,thatthe smoke alarms are not Installed i r i t Iiw' .,.,.,. Modificationx ill r t �� t lI l r _��, Ill t I, yes W In the t the flit t I ll t I t smoke alanns by the establishedline, the r shall be removed from NIPparticipation. . SuspeijQI r �,rc.- ,,. The temporarily t timeuric the ign and/or construction phases the discoveryi i i to their potential impact on the Improvementsti ® The Program process will riot resume until the Property r has corrected allrlt l tot tothe satisfactionof the Manager. In the event repairs are not completed in a timely r, the Owner will be liable to the n r any and all damages and all direct and indirect coststo delayr stoppages of the work. ® Limitation on �.r.r Alterations t_- t Property, Propertyr agrees t talterations, r t it tenant occupying any portionf the Propertyto make alterationsthe existing I r walls from the time f the i until the construction f the Improvements been completed. pti to this I t in writing by the Program Manager. Failure to adhere to this requirement may, at the optionf the Program Manager in its solei t tl s result in an irnmediate suspensionf the constructionf the Program ImprDvements one the Property. The Property Owner will be liable to the County for all direct and indirect I twith unapproved alterations damages related thereto. . Pre and Post-ConstructionNolse Testinq Process. Pre- & post- constructioni testing Is important Program process that is designedt measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Manager for p rat ion noise testing, the r agrees to provide to their property fbr testing agrees to not to make alterationsto the interior of their property (with the exception repairsthe time f the pnp-conqtructlon noise, _ t to the 1 _ t- t„ l of test. I t ins consistent n t i l i , t OwnerProperty also agrees to preserve the interior layout of fumiture, treatmentsand window t rn l t' The time hunderstands � tpre-construction I test t . t t t- that the it to adhere to this requirement may result in corruptionf the noisetesting data. Therefore, the OwnerProperty understands they may be liable to the urn r any directindirect noise testing t in the event these requirementst met. 20. Cooperation. As reasonably requested, t Owner shall cooperateith the Contractor, the r Manager and Monroein the performancef all phases of the ProgramImprovements including, it not limited t the removal and reinstallation of rugs, wall hangings fumiture as necessary. . er Noise iati n 7 of 28 1. tiliti s. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the , existing utilities such as light, heat, power and ter necessary to carry out the Program Improvements. 22. e ig"pd Bid Process Access. At sch'eduled timesand/or upon not less than twenty-four ( ) hours v notice (via 1 11 andlor letter), the OwnerProperty agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, it , County, StateI inspectors and consultantsaccess to the Property to collect and developII final design and biddocuments. These visits l include, not be limited rty survey, designsurvey, hazardous material Inspection, pre-noise i pre-bid visit. In the event the Property Owner falls t provide s to the Property for all required NIPsin and Bids visits, the Property Owner shall be removedI rtici ti . 3. .= oast ion s. The Property Owner agrees to provide access to the Property forty-eight ( ) hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the abilityto ensure that the Property Owner has met all furniture storage s on i iliti itcould result in thesuspension of the scheduledI t ion and the Property Owner shall be liable to the Countyand/or Contractor for any and all resulting damages and all direct and indirect s related t . . Pre and PostConstruction Access. At scheduled times and/or upon not less than twenty4bur ( ) hours v oic (via NIP !1 andlor letter) and r the establishedI ru ion schedule assignment, the Propertyr agrees to provideo the Program Manager, Contractor, subcontractors, suppliers, City, County, State n I inspectors andconsultants access to the Property to provide all requiredIPre-ConstructionPost-Construction visits. visitscould l in u not be limited to final measurement, pre-construction inspections, review Designatedi n of construction inspections st- t ion noise testing. In the event the Property Owner falls to provide accessfor all required I ion visits, the Property Owner shall be removed from NIP participationn the Property Owner shall be liable the Countyand/or Contractor for any and all resulting damages andII direct andindirect strelated thereto. 25. Construction Period Access. Upon award of NIPconstruction contract, the Contractor will provide the r with their final construction schedule, hick will include the requiredr of calendar days to completethe NIP construction in each of the participatingcondominiums. Based on this schedule, the ManagerProgram will assign each Property Owner with a designatedr of calendar days -in which construction will occur in their condominium. The Property Owner agrees to relocatefrom their condominium for the entiresin time period. I addition, the Propqrty Owner agrees not t r their property for any reason during their assigned construction period due to safety s and the potential to negatively impact the Contractor. In the event the Property Owner falls to provide access for their assigned construction time period, the r shall be removedI _ .�... ............ _ Noise I to ' t 2 participation n the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct andindirect s related thereto. 26. Construction Period WenslQijw r wMI s. Since the NIP construction period 411 wii into thehurricane season, there ispotential for construction delays for stoppages, beyond the control of the Contractor, in the event of a threat of an approaching hurricane for an actual hurricane event. 0 to this possibility, theProperty r understands that delays may occur in addition to their originally assi e ntr ion time period, without y fault or cost to the Contractor and Program Manager. Furthermore, the Property Owner agrees to relocatetheir condominium r all additional calendar days resultingI tr ion work stoppages dueto a hurricanet or event t no cost to the County, Contractor for Programn r. In the event the Property Owner falls to providethe required additional access to their condominium due to hurricane-related work stoppages, the OwnerProperty shall be removedfrom NIPparticipation r shall be li !e to the Countyfor Contractor for any and all resulting damages and all direct and indirect ts related thereto. . Discovery of Pro-Existing-DeficienclesDuring Construction. In the event the Contractor discovers pro-existing deficiencies t the during h I construction process that negatively impact the installation of the I improvements, the r agrees to immediately repait and remediatesuch deficiencies in an effort to reducenegative Impact the l ru ion period. Owner understands that, depending on the timingthe pre-exWing deficiencypre-Win repair, the NIP construction period may need to be extended, at no fault of the. Program Manager or Contractor. of Unforeseen __ Building Conditions o Construction ion Schedule. T Propertyr u - _ that n building conditions" t riduring h I ion may have the potential to increase the original scheduled u ti f construction, which is not the fault the r nor Contractor. The Propertyr needs to plan fbr the - se" possibility that the originally-scheduled construction completion date may be delayedadditional days due to unforeseenbuilding itions that may arise and complicate I construction. . Exist! ,u i o / Door Treatments, Shades and Blinds. The OwnerProperty understands that, after the installation of new NIPtic window doors, the existingi for door treatments, s and blindsnot be compatible nor able to b re-installed u to sizedifferences n the existing in n . 30. rsi oI ink. During the installation of the new acoustic windows anddoors, the NIPill be providingnreplacement interior trim n sills. The Property Owner understands that the NIPI c t trim ill not match custom for specialized crown moldingrn and/or custom window and door trim. After the completion of the NIPo ifi tio , the Property Owner will have the abilityo ifi io to the NIPint d r trim t theiron expense. 1, uuCommunication RDui ants. The Property Owner agrees t read and review II NIP emallsand/or letters in a timely fashion which are being provided the NIP to ensureschedule conformance. In the eventthe Owner falls to meet this requirement, it could result in removal from NIPici i n. 32. Title-Examination. The Program Manager has obtalned 'or will obtain, t its solet and expense, Title" to ensurethat the Property title is free from liens and/or title defects. 33. gggperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the Countyin order t (1) correct anytitle defects affecting the Property which are disclosed by h t Title" and in the solet r i i the County may serve to invalidate the t, and (ii) secure the written consent of any and all mortgage holders to theis conveyance of the Easement to the Countyif the County determines that it is necessary or desirable to do so (collectively, the itl Matters"). I , prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, eta i s that the Title Matters affectingh y invalidate the t, this Agreement shall be null and void, the Easement shall beterminated. 34. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the followingprovisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Improvements r completion of the Program Improvements s may reasonably e requested by the r for Monroe County. Afterb. final completion of the Program Improvements, the Property Owner shall assume the responsibilityr maintenance and operationof the items installed, r constructed under this Agreement. Neither the I Aviation Administration nor the County bears any responsibilityr maintenance and operation these items. required35.sinExhibit Reduction o s _it Infiltration. r ill be (Ventilation l I sAgreement) which imputes II responsibility n r for the proper maintenance of interior moisture humidity levels. 36. Iv_ Materialsquip,ant. If the Property Owner desires retainto y of the material or equipment removed from the Property as a resultthe Program Improvements, the Property Owner shall arrange for the salvagesaid materials and equipment directly with the r at the Property Owneessole risk expense.and The County assumes no responsibilityr the condition of the material, equipment r surrounding surfaces as a result of the owner-requestedsalvage. The OwnerProperty and the Contractor shall, prior to the commencementconstruction, agree upon and execute a documentlisting those items to be salvaged. In the absence Owner Nobe Inniabonl of such a written agreement, all items shall become theproperty of the Contractor. Materials n equipment not listed forsalvage by the Property Owner shall become the property of the Contractor. 7. . ry Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, t the Property Owner's sole cost and , to maintain homeowner's insurance policy for the durationof the construction of the Program Improvements. r understands that, followingfinal completion, the Contractor's builder's risk insurance ill cease, and it is advisable for the Property Owner to obtain insurance v r any value to the Property by the Program. . Timing—,-grid_ Construction. The Propertyr understandsthat there is a chance that construction itself may exceed the Contractors original projected construction time period. The Property Owner also understands the construction may involve substantial inconvenience and coul to significant it!es of dust and debris ri ions of the Property uninhabitable for extendednods of time. 39. Labor and Material Release. The Prop6rty Owner releases and forever discharges anyn II claims, suits andions against the Program Manager; the County and its officers, employees, s, consultants; contractors suppliers i issues I tin to the conformancef labor, materials and acoustic designs utilized in the Program Improvements. oti in this paragraph shall limit the warrantiesfor materials and workmanship contained in the contractwith the general contractor. 40. Sale of Property. In the event the Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agreesprovide r with f this Agreement prior to the closing Iconveyance r other transfer, transfer all of the Property Owner'sresponsibilities li i t this Agreement to the buyer as a condition of the purchase, conveyancer other transfer o the Property. 1. Waiver. No waiver of, acquiescence i , or consent to any breach term,any v r condition hereof shall be construed , or constitute, a waiver of, acquiescence i , or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. Release In the event that this Agreement i cancelled r the County determines that the Easement should be releasedrecord, the PropertyOwner, upon written request by the County, shall pay to the Countythe Hundredsum of One oll ( 9 ) to cover the costsf the preparation recording of the Releaseof Easementdocument in the public records of Monroe County, Florida. Property Owner understands that it is theOwners responsibility insure such is made in order to "clear""clear" the title to the Property. Amopeny er Noise Inniation Agmement Page 11 of 28 43. Authodty, cute On Behalff County. By Resolution No. 111- duly in s lawfully cpublic meeting, the o County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full authority for the CountyAdministrator to executeti t on behalf of the County without further action by the Board of County. . Attachments. Attachmentsto this Agreement include the oll in , which incorporated into this Agreement by reference. a. ExhibitPolicy Statements. b. Exhibit : Legal DescHption c. Exhibit Improvements. d. Exhibit Deficiency of I s Agreement e. Exhibit : Ventilation HoldHarmless Agreement General45. Conditions. a. govqrp i Law, Ve rl_ A It r flan o f -and Fees. . . (1) This Agreement shall be govemedby and construedi accordance ith the Laws of the Stateof Floddaapplicable to contracts b performed entirely in the State. ( ) In the eventthat any cause of action or administrative proceedingis instituted for the enforcementr interpretation this Agreement, the County Owner agree that venue ill lie in the appropriate court or before the p ri t ini t tiv in Monroe County, Flodda. ( ) The Countyr agree that, in the event o conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediationd r to the institution of any other administrative r legal proceeding. ( ) The Countyn n r agree that in the event any cause of action or administrative proceedingis initiated r defended by any relative to thet or interpretation of this Agreement, the prevailingshall be entitled reasonable s' fees, court costs, investigative, and out-of-pocket expenses, as an award againstthe non-prevailing i do proceedings initiated n pursuant t i shall in with the loci l Civil Procedure and usual and customaryrequired the circuit n County. b. Binding-Effect. The terms, covenants, conditions, and provisions this AgreementII bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, assigns. ... .......... _ _. _..... Propeny Ownerse Inniation Agreement Page 1 W ilit If anyterm, covenant, condition or provision of this Agreement ( r the applicationthereof to any circumstance r n) shall be declared invalid or unenforceable n t by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of thisn shall not be affected thereby; n inin term, covenant, condition and provision of this Agreement shall be valid n ll be enforceablethe fullest extent permitted by law unlessthe enforcement of the remaining terms, covenants, conditions and provisions of this Agreementld prevent the accomplishmentof the original intent of this Agreement. d. Author! . Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e. Duration of Aqreement. This Agreement shall commence upon the execution this Agreement, subsequent to execution.by the Property Owner and by the Countyshall remain in effect for a periodl i the Program Improvements ( "), s may be sooner terminated i accordance ith the provisions of this Agreement. . Accpp:Wnce o GLIfts, r p, Assistance,H Fun g 2r Bequests. The County and Property Owner agree that each h II b , and is, empowered to accept for the benefit of any or all of them, i s, assistance funds, or bequests to be used r the purposesthis Agreement. . Claims forEederal or Sta Aid. The Countya ner agree t each shall be, and i , empowered to apply for, seek, and obtain I and state funs to further the purpose of this aprovided that all applications, grant proposals, and funding olici #ions by theProperty Owner shall be approvedy the Countyprior to submission. . Adjyd:ication of asp, or i ruts_ Countyn Property era that IIdisputes i II be attemptedo be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of theparties, then any party shall have the right to seek such reliefr remedy as may be providedi Agreement or by Floridalaw. i. Nondiscrimination. Countyr t t ill i ri in ion against any person, and it is expressly understood that upon a determinationtent jurisdiction that discrimination occurred, this Agreement automatically terminates with u r action on the part of anyiv the date of the court order. The Countye r agree to complyit II Federal and Floridatut n II local ordinances, applicable, I ting to nondiscrimination. These include but am not limited t : (1) Title I of the Civil Rights Act of 1 ( .L. - ) which prohibits discrimination sis of race, color or national origin; ( ) Section 504 of the Rehabilitation Act of 1973, as amended ( U.S.C. s. ), which prohibits discrimination on the basis of handicap; ( ) The Age Discrimination1975, as amended ( 1 1 1 ), which _.............................®........... Owner Noise Insulation Agreement Page 13 of 2 prohibits discrimination on the basis o ; ( ) The Drug Abuse OfficeTreatment 1 ( . - ), as amended, relating to nond iscri !nation the basis of drug abuse; ( ) The ComprehensiveAlcohol Abuse And AlcoholismPrevention, Treatmentilit ion Act of 1 (P. 1- 1 ), as amended, relating non i cri l nation on the basis of alcohol abuse or alcoholism; ( ) The Public Health Serviceof 1912, , ( - - ), as amended, relating to confidentiality of alcohol and drug abuse patient records; ( ) The Americans With Disabilities1 ( U.S.C. s. 1201 ), as mayn time to time, I tin to nond iri m!nation the basis of disability; ( ) The Florida Civil Rights Act of 1992, (Chapter 760, FloridaStatutes, ion 509.092, Florida Statutes), as amendedmay be time- to time, relating to nondiscrimination; ( ) The Monroe County Human Rightsinn (Chapter 1314, Article Vill Sections 13-101 through 1 -1 ), as may be amended from time time, relating to nondiscrimination,, and (1 ) otherany nondiscrimination provisions in any federal or state statutes r local ordinances whichply to the parties t , or the subjectmatter of, this t. j. _Cooperation. In the even t any administrativer legal proceeding i instituted i either party relatingh tio , execution, performance, or breachthis Agreement, the Countyn r agree to participate, to the extent required other party, in all proceedings, hearings, s, meetings, otherand activities relatedtote substance of this Agreement or provision of the services under this Agreement. The Countyandm specifically agree that no party to this Agreement shall be requiredter into any arbitrationproceedings related to thisr any Attachment or Addendum to this Agreement. . Books, Rec,ords gnd Documents. The Countyr shall maintain books, records, and documentsdirectly pertinent to performance under this Agreement in accordanceit Ily accepted accountingprinciples consistently lied. Each partythis n r their authorized representatives shall have reasonablen timely es such records of each other party tot this Agreementfor audit purposesduring the term of the Agreement and for four years following i i this a . I. rCovenant of No Interest. The CountyOwner covenant tt neither presently has any interest, and shall not acquire any interest, which of li in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receivefits as recited in this Agreement. m. Code of Ethics. The County. that the officers employees of the County recognize ill be requiredto complyi the standards o conductI tin to public officers i s delineated in Section 112.313, Florida Statutes, regarding, but not limited , solicitation or acceptance of gifts; doing business i one' agency; unauthorized compensation; i of publicposition, conflicting employ t or contractual relationship, and disclosureor use of certain infbrTnation. r Noise Inniation AVwment Page 14 of 2 S0HcitatiorVFqyMqM The Countywarrant tha,t, in y it neither employed nor retained any company or person, other than a bona fide employee ing solely Ibr it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, r firm, tier than a bona fide employee warldng solely for it, any fees commission, percentage, r other considerationcontingent upon or resulting from the r Making in f this Agreement. For the breachr violation of this provision, the Owner agrees that the Countyii have the ht to termMate this nt without liability n t its discret0n, to offset from moMesr$ the full amount of such f , commission, percentage, gift, or consideration. o. Public ,�.,..__Access. The mama r ii ii permit reasonable _inspection f, all documents, papers, letters, t r materials bj t to the i i f Chapter 119, Florida Statutes, and made or received by the CountyOwner in conjunction °t this mmm nth and the County ii have the right to unilaterallyi this t upon vi i flog ofi provision by the n rw Public Records Compliance. pert n r must comply with Floridapublic laws, incWWng but not limited r 119, Florida ri Statutes imp 24 of article I of the n tit ti rm f Flodda. The County and OwnerProperty shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other ""public r materials in its possession r under its control subject to the provisions of Chapter I 1 , Floridatut made r received by the tProperty Owner in conjuncdon with this contract and relatedt performance. The n ii have the right to unilaterally cancel this u t violation of this prov[Mon by the Property Owner. Failure of the OwnerProperty to abidethe terms of this r i i n shall be deemed a material breach f this contract and the Countymay u f m the terms of this i i u in the form of a court proceedingshall, as a prevafling Oarty, be entitledto rWmbursement f all attorneys fees andt i twith that proceeding, This provWonii survivetermination or expiration of the contract. The PropertyOwner is encouraged to consutt wfth its adAsors about Florida Public in order to complyit this a ion. Pursuant to F.S. 119.0701 and the terms and n iti of this contract, the Property Owner is required t t maintain ii that*would be required the County to performthe service. Upon iipt from the Countys custodian'of records, provide the Countyiti f the requested records or allowthe records to be inspected r copied within a reasonabletime t a cost that does not exceed the cost provided in this chapter or as otherwiseprovided 1 . (3) Ensure that public records that are exempt or confidential and exempt from public rds disclosure requi t t disclosed except as ......... _� e� ... mm� ............._ _ _®. .... Noise Inmiation Agmement Page 15 of2 authorized law for the duration of the contract term and following 1 tl f the contractthe Property Owner does not tranbler the records to the County. completion f the contract, transfer, at no cost, to the County II public In possession f the Property Owner or keep and maintain public that would be requiredby the Countyto performthe service. If the OwnerProperty transfers ll public records to the County upon completionf the contract, t r shall destroy any duplicatepublic records that a exempt or confidential and exempt from publicdisclosure requirements. If the Owner keeps and maintainspublic completion of the t , the Property Owner shall meet all applicable requirementsfor retaining public . All storedrecords 1 t I I t be provided the County, upon request from the County'scustodian in a forTnat that is compatibleIt the information technology syst f the County. to inspect or copy public 1 tl to a County contractt be made directlyto the If the County does not possess the requested , the shall immediately notl the w r of the request, and the Property Owner must provide the to the Countyr allow the records to be inspected or copied withinreasonable time. If the Property Owner has questions1 the application Chapter Iorida Statutes, to the r t to providepublic relating to this t t, contact the i f PublicBrian t Non-Waiver292-3470. p. f lmmuDflty. Notwithstanding the provisionsf Sec. Florida768.28, tut , the ., i t tin of the County and Property Owner I 'this Agreement and the acquisition of any commercial liability ins self- insurance rlocal govemment liability insurance pool coverage shallnot be deemed a waiver of immunity the my to the f liability , nor shall contractany t into by the County be requiredto containprovisionfor waiver. lyliqUes gnd Immunities. All of the privileges and immunities from liability; exemptions from laws, Inances, and rules, and pensionsrelief, disability, compensation, n t r benefits which apply to the activity f officers, , volunteers, r employees of the County, when performingtheir respective functions under this nt within the teiTitorial limits of the II apply to the same extentdegree and to the performance of such functions tl f such officers, agents, volunteers, or employees outsidethe tenitorial limits f the County. r. Legal Obligations and Responsibilities: _ I tl f Constitutional r Sigtutoa Duties. This Agreement is not intended t , nor, shall it be construedll Irg any participating entit obligation r responsibility imposed upon the entitylaw except to the extent of actual and timely thereof by anyother participating entity, in whichthe performance in satisfactionf the obligationr responsibility. Further, this Agreement is not intended t , nor shall it be construedauthorizing the delegationf the constitutional or statutory dutiesf the County, except to the t permitted by,the Floddan tit tl , Owner Noise Insulation Agreement Page 16 of l statet tut , case law, and, specificafly, the provisionsf Chapters 125 and 163, Rod Rodda Statutes. s. -. 11 _ce by Non-Parties. No person or entity shall be entltIGd to rely upon the any them, olf this Agreement to enforcer attempt t enforce third-party claim mntitl t to or benefit of any service or program contemplated r, and the County and r agree that nelther the Countynor Property Owner or any agent, officer, or employee of each shall have the authority to inforrn, counsel, or othervAse Indicate that particular individual or group of Individuals, mntmt r entities, have entitlementsr benefits under this Agreement separatem , inferior t , or superior to the communityIn general or for the purposes contemplatGd in this Agreement. tW Aftestafions., The Property Owner agrees to executesuch docurnents as the Countyreasonably I in time performance of the I tI and duties the County or Property Owner under this m ent. u. No Personal ' i III . No covenant or agreement contained herein shall be deemed to be a covenant or agreement of anymember, officer, agent or employeeof Monroe CountyIn his or her individual capacity, and no member, m r@ agent or employee of Monroe Countyshall be liable III on this Agreement or subject to any mn I liability r accountability by reason of the execution of this Agreement. w .,,Execution ICounterparts. This Agreement cut I any number counterparts, tm of,which shall be regarded as an original, all of which taken together h II constitute oneand the mom instrument and anyof the parties heretomay t this Agreement by signingany such counterpart. Agreementw. Section HeaWngs. Section headings have been Inserted in this matter of conveniencet mnl , and It is agreed that such section headings not a part of this Agreement and wfli not be used In the Inter thin of anyI I mn of this mr t. __ ......... - �..�..__ ........._...... Oise 1=1adon Agmement - e 17 of`2 X WITNESS WHEREOF, the Property Owner and the Courdyhave executedhi the day and year first v . V : a nF re r Nam i " ` - `— Bares T GreenhUl �. V712019 Dam f-N rote^NWM WITNESSES: PROPERTY OWNER: I r' � r I •. � 1 b eF' `nr� - » ., Atxirey . Greenhill PdnW Nom a fltaA ".ter CD 1/7/2019 na s � , . .. ; Pdfftd Name 9 I ! ONROE COUNTY BOARD OF COUNTY COMOSSIONERS: (Seal). MAYOR I CHAIRMAN: CLERKLv r- 7,� I� � II Deputy Signature nature � 1 ��: r.n i usr nae�as ew�d 6 �, � 7 "w,,.�,�.�.,:"' PEDRO J.MFf _ ��y 1 T —V owe Vf71� z is . , PROGRAM POLICY STATEMENTS Exhibit OwnerTo Property Noise Insulation A. !r Conditioning,: General Restrictions. Whileproviding new ductless "mink split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums: 1. All condensing units will be installed on the balcony 2. II refrigerant lines (running from the balcony condensing unit) will be installed consistent with KWBTS Boardpolicy rules, maintaining a maximumheight of 48 Inches. 3. II condensate lines will be installed on the building exterior consistent with KWBTS Boardlicy rules to ensurethe highest level of consistency and building architectural aesthetics. 4. II interior AC lines ( nt, condensate, l c 'cal) and Energy Recovery Ventilator ( ) ducts will be housed in new vertical all and comer pilasters which ill be constructedto match the quality of existing walls. The number and locations of the new vertical wail and comer pilaster6 will differ depending on your unique condominium floor plan and number of bedrooms. The NIP executive architect will review this information with you at your NIP Design Review Meeting. 5. Only electrical service panels that are determinedthe Program Manager to be deficient will be replaced by the Program as a part of the Noise Insulation Program modifications. WindowB. ill Replacement. Due to the presence of asbestos, the NIP will provide new custom o surround and sill instead of the existing u board surround. Due to this revised plan, existing custom sills (marWe, granite, wood) will not be replaced. This revision will be an improvement, while decreasingconstriction costs and improving time efficiencies. CrownC. Custom I iRestrictions The new asbestos abatement requirements will restrict the ability to removeexisting custom trim and baseboard prior to construction ( s originally assumed), which will not allow sufficient time r the awarded general contractor to secure custom matched replacement trim. Therefore, existing crown moldings, wall trim, and base, the contractor will, instead, cut the existing o trim flush to the face f the now pilaster or thru wall c-infill. At now pilaster locations and, if the thru wall ac infili abuts the existing baseboards, the contractor will install a standard ( " x 5-1121 painted wood trim to abut the existing trim, rather than attempting to matchexisting custom trim profiles and materials. After the completion of the NIP construction, the property owner will ... .. . ee.... -------_.__.® it A-Pmpeny Owner Noise Insulation t Page 19 of 2 have the option to replace the installed trim Wth other custom trim to match the existing materials and profiles. D. Door Threshold Heights. Due to stringent Florida hurricane impact and water, Infiltration building codes, all new aluminum acoustical prime entry swinging doors and sliding glass patio doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration dudng a hurricane. E. KWBTS Asbestos TestIM, As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, B and C dudng the November.2017 to April 2018 time period. This testing included co*llecting 7 to 9 samples at each condominium.to include gypsum board joint compound, window glazing, and exterior window and door caulking. In addition, random exterior stucco sarnples were collected on both the "walkway' and "courtyard / 6e-1 rqbuilding elevations. Depending on the laboratory analysis of these samples, the presence of asbestos containing materials (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, removal of portable 'through-wall" AC unfts and the infilling of openings, ceiling cuts required for installation of the ductless AQ wall cuts required for the' installation of the ductless AC, construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, construction of closet soffit for,installation of the ERV. F. Asbestos Abatement ReqW.rements In ih-eevent any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: If sampleg-shoW_q p sence of ACK4 0 The NIP contractor will be required 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. .......... Exhibit A-Propeny Owner Noise insoation Agreement Page 20 of 28 if s4n2les shoW_ Dresence of AQM_.?!1 The NIP contractor will be required to perform full asbestos abatement procedures as directed by the Envirorime art al Proteaon Agency(EPA)to include: - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windows1doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting ftm demolition process) by certified asbestos'abatement staff. - it sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement)workers. - THC will be required to provide executive oversight of all ACIVI 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 pedod and increasft the sequencing and coordination requirements of contractor crews. - Given the cost to provide required asbestos abatement procedures, the FAA vAll require THC to develop a design and construction plan that minimizes the disturbance of ACM to ensure the minimization of construction oosts, duration, and liability to the contractor and KWBTS property owner's. This plan will result in new property owner raquirements and design restrictions which are outlined below, H. KWBTS BOARD Authority of Design Decisions. The KWBTS Board will have the Authority to make several of the Prbgrarn 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 "IMIni-SpliC AC System Installation Requirements 5. Interior Ductless ffMini-Split" AC System Interior it Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment Exhibit A-Property O er Noise Insulation Agreement Page 21 of 28 LEGAL DESCRIPTION OF PROPERTY Exhibit B TO Homeowner Noise Insulation Agreement Unit No. 107-C, CORAL BAY GARDENS OF 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 Ommer Noise insulation Agreement I'll Page 22 of 28 PROGRAM IMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This Exhlbft C represents the Prognam Improvement package lbr an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include: 0 Architectural Drawings 0 Replacement Aluminum Acoustical Windows ,a Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) ........... Exhi.bit C-Propeny Ovmer Noise Insulation Agreenent Page 23 of 28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1w 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 described in the Agreement of even date herewith (the "Agreement') between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behaIf of the undersigned and the - heirs, personal representatives, successors, and assI gns of the undersigned, forever releases, remise's, discharges, inderr inifies and covenan,ts not to sue, institute claims against, or Institute any proceedings against, the County, or any of its agents, dificers, employees, consuftants and/or contractors concernIre g 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 'Veficlenc!W) against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Pmperty Owner understands and assurnes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner uriderstands that the Deficiencies include any deficlencles present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Property Owner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes), If identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor' or'Severe". 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified dudng the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete Exhibit D- er Noise Imuladon Agmement Page 24 of 28 necessary repairsManager t minimize y delay or stoppages of work. 7. The undersignedII of Me releasen harmless indemnity i i in Paragraph 1 of this property damage, injuries, arising the Deficiencies and/or all negativeimpacts that later result after the addition ! n . The provisions i Il survive the terminationr expiration Owner Noise Insulation n . provisions8. The undersigned hereby agree that the terms and i li _ shall be bindingn, and inure to the benefit of the undersigned and their respective heirs, n l representatives, successors and assigns. OWNER:WITN�S§,ES: PROPERTY v Slpneture . �, ... .. � N® Barryr nil P*Md Name Signature11712019 -------- WITNESSES:ES: PROPERTY OWNER AY f Audrey G. Greenhill ..w 1 117=19 � r Date �� Printed Name .. ........ WITNESSES: PROPERTY OWNER: uSignat _. Prided Name Printed Nla" Signature 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 ""ement!) between the County. and Property Owner and to which this Ekhlbft E is attached, the undersigned, for and on behaIf of the undersigned and the Feirs, personal representatives,, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnities and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concernI ng 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 "Deficlenclesm) against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Program Improvements may include the addition of acoustical windows and doors, removal and infilling of *through-walin portable air conditioner units and the addition of a replacement ductless "mini-splir air conditioning system. Because these modifications will result in a tighter interior environment due to the elimination of all passive inside / outside air leakage that was naturally occurring in all openings, the Program will also include the addition of a energy recovery ventilation (ERV) unit which Will provide an adequate exchange of inside / outside air to the condominium as required by building code. 3. Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility fbr the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during peflods 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 intedor environment of a condominium, the Property Owner agrees to assume full responsibility for ensudng 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 KW13TS condominiums were constructed with a small wall vent that was designed to allow the passive exhaust of .............. ........ --------- Exhibit E-Prop"Owwer Noise InnIation Agmement PW 26 of 28 moistureoathroom n a central building exhaust shaft. Duning the Program survey process It was discovered the KWBTS buildings lack a solidI building exhaust shaft. Due to thisexisting i i , these odginal wall vents (ff still have the potentialr, r gases into the condominiumrt r. The Property Owner agrees to assume full responsibility sealingI I wall vents in all bathrooms and for any and all negative impacts that may if left t . 5. It is clearlybuilding i r r laundry dryerWMTS central exhaust shaft. In the event a Property Owner ties incorredly ductect their, laundry dryer vent to the KWBTS central building correct i iexhausting it laundry dryer exhaust in an alternative it I it cost before the imp° r tl n of the Program construction r agrees to assume any and all liability I improper i ir-laundry dryer exhaust. Owner6. The Property understandsImprovements ill t address kitchen and bathroom ventilation r i humidity levels generated by the Property Owner within interior the rni i Owner understands and assumes M responsibility for maintenance of interior moisture and humidity l 1 , The Property Owner agrees to assume full responsibility rr r I of problems Sri rhumidity levels in the Property. In iti responsibility r the maintenance IP venting modifications completion the Program Impmvernents. undersigned7. The I that all of ther harmless and indernnily provisionsin Paragraph I of this 'ExhibitI t injuries, deaths, or damages sustained in connection with or as a resultn ll interior venfilation deficienciesin of the Program Impmvements including, but not limited i Imildew,-and/orr r t ventilation. provisions this fit: shall survive the terminationexpiration Ownerthe Property Noise Insulation undersigned -- 8. The t the terms and provisionsi shall be bindingm inure to the benefd of the undersignedtheir respectiveI representatives, successors and assigns. Pdnted Nam OWNER.- Barry T Greenhill m � �w Printed Nwm Dift Pdnted Nina - Te"r'i�d IV_Arnn.s ./�avnerw rl7niew 7��.,r„�r..,, A�Aft# A...rA 97^f 91t , ._. - iT : y Sig 3 naftsre __ a� Printed Nanre Audrey G. Greenhill Printed Nam SWneture 1/7/2019 -f Data Printed NemB i OWNER:WITNESSES: PROPERTY Signature n Printed Printed Name Signature