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09/18/2019 Agreement/Easement-C108 �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 r : Heather P. Fourt Dec#2W719 1 NIP Assistant Project Manager RecOrdW1,202010.49 AM FW 1 of TH , Inc. 710 Dacula Rd., Suite 4A#315s Dacula, GA 30019Red and R600r&d in OfflciW Remdsof MONROJE CoUNWXEVM MADM CPA "IGATION EASEMENT Key West International Airport Noisei THIS T AGREEMENT is entered into this -- y of y" . ` .", hereinafter referred to as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, body politic and corporate, hereinafter referred t ." A. The Property Owner is the fee simpletitleholder to certain I property("the Property") located in Monroe County, Florida, icl rly described as follows: Condominium Unit No. 1 -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 Booka 70,as amended from time to time, and the Condominium lan in Graphics Book 1, of the Public MonroeRecords of oun , Florida. also identified t t s: "2601 S. RooseveltI i 1 " B. The BOCC is the owner and operatorofInternational i ("the Airport")and desires to make propertiesthat, through interior noise exposuretesting, determined Incompatible as a result of their exposure to aircraftnoise compatibler residential purposes through the implementation i Insulation Program ("NIP"). UnderC. the NIP, the Airportwill design and install or r theinstallation o improvements o ifi tios th is s interior noise levels at least 5 dB and to bring the average Interior noise level below dB in accordance with Federal Aviation Administration policy. Grantingvi i n Easement(" t") is a BOCC conditionparticipation in the NIP. The ill supersede anyimplied or prescriptive easements that the BOCC may have i under applicable laws. D. The funding u r said NIPill include funding the nitGovernment pursuantto thei n Airway Improvement of 1982, and will include funding from the i in its capacitys the owner and operator of the Airport. `... ......e .. K e International rt NIP—Avl lion .., (unit#ci Pagmmm off E. The Property Owner desires to participate in the I has entered into a Property Owner Noise Insulation a nwith t 's implementation of the NIP will benefit the Property Owner and the Property by providingcertain remedial soup attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 dB andbring the average interior noise level to in accordancewith Federal Aviation Administration policy. F. The Property Owner fully understands that the NIPeligibility could changet some future time, is currently based on the 2013Existing Condition of accepted by the Federal Aviation Administration ("t ") on December 19, 2013. G. The NIP will be administered in accordanoe withthe current r 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE,for an in consideration of the improvements to be made to the Subject Property through the I ,the receiptn u f which is hereby acknowledged by both parties, in consideration n incorporation into this Avigation Easement of the recitals t forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns II successors In interest, s hereby grant, bargain, sell and conveyto the BOCC, its successors n assigns, a perpetual avigation easementover the property. The of'the et shall include the right to generaten it noise and to cause other effects as may be associatedwith the operationaircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activitythe Airport, present or in whatever form or type, duringoperation , 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 purviewof this Easement. 2. This Easement shall be perpetual in natureII bind andrun with the title to the property and II run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Property Owner on behalfof the PropertyOwner, its heirs, assigns and successors in interest, hereby releasethe n n all related partiesof the BOCC, including t not limited , officers, agents, employeeslessees, from any and all claims, demands, damages, debts, liabilities: attorney's fees or causes of action of everykind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, r willi , as a resulto i o in or -aircraft activities noise levels I t to Dr generated by Airportactivity, or may hereafter have as a result f use of this , including t not limited to damage to the above-mentioned property r contiguous noise, and other effects of the operationthe ...... _........ K t In tlo_ I AI rt NIP—Avl aUnn Easement(Unit#C1 ) Page 2 of��� Airportr of aircraftlanding r taking off at the Airport. . This Easement expressly excludes and reserves to the a nr and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or 's fee, or causes of action for physical damage or personal injury y aircraft or part of any aircraftusing the Easement that does identifiable physl l damage to the property or injury to a person n the property by coming into direct physical contact withh rt r the person on the property. 5. h !d eit r party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any.matter arising r this Agreement, or to recover damages by reason of any allegedf any vision of this Agreement, the prevailing rty shall be entitledto all costs, damages and expenses incurred including, but not limited to, attorney's fees and costs incurred in connection therewith, including p II to action. vision of this Agreement is to be interpreted for or against any party becauset party r s legal representative draftedsuch provision. This Agreement shall be interpreted trued according to the laws of the Stateof Florida. 7 No breach of any provision of this Agreement may be waivedunless in writing. Waiver o any one breach of any provision of this Agreement shall not be deemed to be a waiver of anyotherbreachthe r any other provision of this Agreement. ThIsAgreement y be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained hereinis held invalid, i t illegal by anyu competent jurisdiction, the same shall be deemed severablethe remainder of this Agreement and II in no way affect, impair or invalidate any other provision hereof so long as the remaining ' i not materially alter the rights li tin of the parties. I such condition, covenant or other provision shall be deemed invalid u o this scope or breadth, such covenant, condition or other provision shall be deemed validto the of the scope or breadth permittedlaw. 8. In the event the Airport shall be subdivided into more than one parcel, or the Airport or portion thereof becomes subjectoperation, n r administration by a party in addition to or in lieu of the BOCC, then and in that event the parties agree that shall not terminate or otherwise affect this long as a portion of the Airport continues to operate for standard airportflight t any such successor in interest II be entitled all of the benefits running to the BOCC hereunder. Owner9. The Property agrees that the Property Owner shall bear and be responsibler II costs of maintainingtin io materials equipment installed in the Property by or on behalf . �__. e_ . �_�_.m. . xey i mationai Aa part Nip_Avi aon ea t(unn 1 ) _-- a page or,, This Easement Agreement is executedi . PROPERTY OWNER: PRQPERTY OWNER: , a ai K a onature a 4 Printed Name Printed Name Date t _ STATE OFk COUNTY OF i The foregoing instrument was acknoWedged beforeme this day of jaa-1a9A,,—. 201(2� by ,Cw ... a Y--Propaq Owner N e( NMW P my c a ion 115 9 BOARDMONROE COUNTY OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: 41, S—Ignature a. Printed Name ')J do are Signature Printed Name STATEL �r Fin: I.. COUNTY OF MONROE The foregoing instrument was acknowledged before y _ Mayoras of the MonroeCounty County Commissioners, body politic and corporate. My 1 CommleslonExpires: Notary Public Signature I a � r01 J"111� ��" ,�✓ K West international Airport agonEasement Mt P J.� ,, . -Key rPo g { ? Page 4aj e n � est e Sea Address: Key ..M. . ' .. C108 Name(s): PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEsT INTERNATIONAL T, MONROE COUNTY THIS 1S INSULATION T (this 'Agreement') is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the " rope Owner"). : WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monme, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"), and WHEREAS, the County it, the owner and operator of the Key West international Airport (the "Al o ), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the ; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public aright of free and unobstructed flight for aircraft landing upon, king off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected td obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit c hereto (the uProgram Improvements"); said Program Improvements to be paid for by the County t no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the ; and the County will enter into a construction contract with general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed y the consultant team nitin o team manager and assistant manager, architect, mechanical 1 electrical engineert acoustician and construction manager selected by the County(the NProgram Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein-, THEREFORE, in consideration of the terms, covenants and conditions t ibrth herein, and other good and valuable consideration, the receipt and . � ...._ OwnerInsulation nt a_... l oft sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. Grant _of Easement. Simultaneously Withthe execution of this Agreement, the rty Owner executed and delivered to the Countyvi do easement (t "Easement") which Easement has been recordedin the public records of Monroe County, Florida. The Easement remainsin full force and affect andi hereby ratified in all respects. . PMgram olio Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement policies and procedures, Managerthe Program has developed a serfs of Program Policyt outlining construction and eligibilityrestrictions. The Property Owner understands that prescribed Improvements w`ll be consistent with the Program Policy Statements vi to the Property,Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto i i A. . Payment. JrW v t . The Countys to pay for the Program Improvements scri in Exhibit Q attachedhereto. The Program Improvements will be approved by the Property Owner and County, by the Manager,Program and performed by the Contractor. 4. I pin titive Bid Process. The Property Owner shall not impede or interfere it the Contractor's ability to selecten approved product manufacturers andsubcontractors in the preparation of bid submittals. To insure competitive bid environment, the Property Owner is prohibited from havingy discussion r communication i the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the PropertyOwner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the n cancellationof this Agreement. 5. Construction Contract. The County willa the contract for the Program Improvements consite ih Federal and Countycompetitive bidding policies and procedures. The contractwill require the Contractor to complete the Program Improvements iin a time period defined the Program Manager. .nPost-ConstructionJtqsiiliti . 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 all Pre-Construction requirements to include: (1) Removing all valuables ( c jewelry, ins, guns, antiques, heirlooms, c.)from their condominium; ( ) Moving of all furniture ion ins into the !Designated Storage Space Area" within the condominium, providing the required "clear " (white Owner Noise Insulation a t Page 2 of 28 space in sketch) for the Contractor'. When doingProperty Owner will have the ability to utilize the completer to ceiling" space. ( ) Removing of all excessive furniturebelongings from the condominium that will not fit i "Designated '; ( ) Removing all window anddoor t (such as blinds, plantation shutters, etc.) and storingin the "Designated tore (5) Removing all electronic and dust-sensitiveitems from their condominium r wrapping withprotective poly before storingthem i "Designated Storagee "; ( ) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storing them in the "Designateda Space Area"; ( ) Moving all small items andbelongings into either the closets r bathrooms as-outlined in the "Designated Sto tch" Afterb. completion of the NIPion, the PropertyOwner shall meet all Post-Construction requirements to include: (1) Moving of all furniture andbelongings t in the "Designatedt cback to their original positions in the condominium: ( ) ovin iv uri el ins into tcondominium;. (3) Re-installation of all wall treatments, door' treatments II hangings backto their original positions in the condominium. . In the event the Property Owner falls n II of the above - n ion responsibilities, the Property Owner shall be removedI participation n the PropertyOwner shall be liable to theCounty and/or Contractor for any and all resulting damages and all direct andindirect is related thereto. d. In the event the Property Owner fails to perform anyall of the aboves - st ion responsibilities, the Property Owner shall be liable to the County for Contractor for any and all resulting damages and all direct and indirect costs related thereto. . Impeding r ion. Once -construction of the Program Improvements ins, the Piiiperty owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants c ri the construction of the Program Improvements from impeding st ion or altering constructions ul . In the event the Property Owner or any tenant occupyingthe Property impedes construction or r Noise 1wulation Agreement3 of 28 altersthe constructionOwner shall be liable to the r and the County for anyall direct and Indirect coststhereto. 8. Safe Workin -Environment. The Property Owner shall bd responsible for providing fe worldng environment for the Programr, Contractor, subcontractors, suppliers, and City, County, n federal Inspectors. . Throughout all phases f design andconstruction of the Pmgrarn Improvements, the Property Owner shall be responsiblefor: Providing a workingenvironment that is free from potential health risks, b4ohazard conditions,. hazardous chemicals, obstacles, weapons of any in r explosives; Refraining from verbal abuserprofanity; RefraWng from aggressivecontact; Insudng that all pets are completelycur n i . In the event the Property Owner falls to meet any of the foregoft conditions, the mom prooess may, at the n discretion, be temporaffl suspended at any time. In such event, the ProgramManager shall notffy the Property Owner in writing, statingthe conrectiveaction(s) and/or n its to be completed r the Property Owner prior to the County resiurnftthe process.Program . In the event the Programt resumed duethe Property m failure to completethe correctivem and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damagesall direct and indirect costs related thereto. w If the m process is resumed, the Property Owner shall be liable to the r Contractor for any and all damages and all direct and indirect costst to or caused by the temporary suspension f the m process. . mConstruction Qqlays,. During the construction period, the Contractor may expedence unforeseen complications tip to the installation of the Program Improvements. The WnstructIon contract shall' providethat delays relatedto these unforeseen r mrm l tions are beyond the controlf the Contractor and shall be excused so that the time for completion may mm l be extended. Construction schedules may l f there is a delay In awardingf the contract or if the Program Improvements have to be re-Nd in the event of lack of biddingt and/or failure of the lowest responsive, mm r to executethe contract, i t and performance bond or show proof of required insurance. 10. Changes to Spgpq of Work. The'Program mm� Improvements,, t is m� mm t� m�' m� t Manager r tright t t t l t Proper&Owner o' eI Nnm1ationt Page 4 of2 sole discretion, t any time d the Program process, providedh changes do not reduce the r quality ofthe Program Improvements describedin — d changessuch by t i f i condition' st readily detectable d l property inspection 1. Acce tqpcef Work. Upon completionf the Program Improvements, the shall inspect or cause the inspection the Program Improvements to determineif they i t to the terms of the Programcontract. The r retains solediscretion th ritprogram conformance Issues as they relateto the Contractor, subcontractors, suppliers d acoustic designs. The Propertyr is requestedto attendthe Substantial Completion Inspection and provideinput to the t i t Manager with respect to the identtried punch-list items. In addition, the Property Owner is welcomet attend -the Final Inspection. In the event the Owner elects to not attend the Substantial mpl do m, Final Inspections, they l r their ability t pmvide input to the Constructiont with respect to the acceptancef the Program Improvementg. In the t there is a disagreement between the Owner and the Program Manager as to a conformance r performance issue, the OwnerPmperty shall be requiredto submit the i in wdtingto Monme (representative to be deflnedf within f the inspection ii rise to the discrepancy, i h ll then make a determination as t o the acceptability f the conformance/performance issue andany remedial action that may need to be taken. r nth shall be the final arbiter of any conforynance/perfbrmance/issues. Failurethe r to submit the written l it within the time d ishall thereafter f6mclose the Property Owners d ht to file such complaint. 1 . Termination _ f t. The Propertyr understands that the signingf this Agreement initiates bot the BID and CONSTRUCTIONf the Improvements to be performed in accordance with the Program. Therefore, the PropertyOwner attempts to terminate this nt or otherwise impedes the f the f the Ie t r the award f the t L t p Owner ill liable t the urn r any and I damages and all direct and indirect is caused thereby. 1 . Warranties. Thenot represent or warrant the level of noise reduction that the r will experience within the It of the Improvements performed as part oft . a. The County agrees that its contract it the Contractorill include standard 1warranties from the Contractor for all materialsi m one-yearSuch warranty period h ll commence as of the time f the acceptance of the work as provided for In Paragraph . 1 . At the endf construction, the r r will provide the Propertyit Final Closeout Package whichill contain copiesf the warrantypolicies, product instructions, i legal documents. As condition f receiving the Warranty & Final Closeout Package, the Property Owner ............® ............. __.............................._..®....__ Property Chmer Noise Imulation Agreement Page 5 o 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 Wth 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 man6facturer 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 re80lUt!0n of all pruduct 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 r espect to construction warranty issues, and the one-year warranty pedod from the general contractor haa expired; (3) The Property Owner believes that service is required with respect to product warTanty issues, the advertised warranty period for the product has not expir ed, 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. Pre-Existing- Defic Len l h r ces. Te Poperty r Owne VAU i t be requred o sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-EAs tip g Deficiencies at the Property, whether seen or unseen. I& Pre-Work Reguirements. The Property Owner will be required to complete any.and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modificati jrt ,y Owner Will jZ8—j9gRV9d I ges , nated Pre-Work items utilizino jLqqM ete a I I jq _their own funds and p_9L established bv the NIP. In the event the Property Owner falls to complete the designated Pre-Work it by the established NIP deadline, 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. ® Q&t of Key West "Hard-Wired" Smoke Alan Rw Ireme nit. In _L� 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 required to install 1 - It "hard-wired" smoke alarmi in their condominium in ................. Fmpeny Omer Noise Inm1ation Agmement Page 6 of 28 accordance with all applicable codes and regulationsy the required deadlinea established the NIP. The PmRpiv Owner will � rosrionsible to ensure'thatthe smoke la s are not installed in same areas , a thin the n o iniu h 1 modification work will occur, to avoid any potential impedance to the NIP construction pM In the event the Property Owner fails to install the designated - i " smoke alarms by the established1 li , the Property Owner shall be removed from NIP participation. 17. Suspension of Program Process. The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery o Deficiencies their potential impact Improvements and product warranti s. The Program process will not resume until the OwnerProperty has correctedII related problemsto the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delayand/or stoppages of the work. 18. Limitation on Alterations .tote Property. The Property Owner agrees not to make alterations,' or to permity tenant occupyingany portion of the Property o make alterationsthe existingwindows, oand/or walls from the time of the Design process until the construction of the Program Improvements v n completed. Exceptions to this rule must be - v in writingthe Program Manager. Failure to adhere to this requirement may, at the optionthe Program Manager in its sole discretion, result in an immediate su pen ion of the construction of the Program Improvements on the Property. The Property Owner will be liable the County for all direct andindirect t associated it unapproved l in damages related thereto. 19. 'Pre and Post-Construction Noise Testing Process. - & post- construction noise testing is a very important Program process that is designedt measuret ine the actual achieved noise level ion level treated properties. If selectedy the r for - & post-construction noise testing, the Property Owner agrees to provide access to their property for testing agrees to not to make alterationsto theInterior of their property (with the exception repairs of Deficiencies) from the ti o - t ion nois t t t - construction noise test. In an effort to insure consistentnoise data collection, the Property bwn—er-also agrees to preserve the interior layout of furniture, or coverings and windown the time of t R_p,,M-construction noise test to the post- construction noise . The PropertyOwner understands that the failureto adhere t ti irement may resultin corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the Countyr any direct and indirect noise testing t in the. event these requirements are not met. 20. Q9qppWj0. As reasonablyr shall cooperate with the Contractor, the Program Manager and Monroe Countyin the performance of II phases of the Program Improvements including, not limited t , the removal and reinstallationof rugs, wall hangings andfurniture necessary. ._._._.............._. ... ..... ___.... NoisePropeHy Owner Insul4don Agreement Page 7'o 21. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. 22. Design n i tt444Process Access. At scheduled times and/or upon not less than twenty-four ( ) hours advance ti (via ! fl andlor letter), the Propertyn r agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, i ounState I inspectors consultants accessthe Property to collect and developall final design and bidc s visits could include, u not be limited t , property survey, design survey, hazardousmaterial inspection, pre-noise testing pre-bid visit. I event t r falls to provide the Property for all required NIPsin and Bidvisits, the Property Owner shall be removedi ici ion. 23. Pre-Construction Access. TheProperty Owner agrees to provide access to the Property fbrty-eight ( ) hours prior to the scheduled t rt of NIP- construction. This short visit will provide the Program Manager with the abilityto ensure that the Property Owner has met all furniture storage responsibilities. Failure could result in the suspension of the scheduled I construction and the Property Owner shall be liable to the Countyfor Contractor for any and all resulting damages and all direct and indirect is related thereto. 24. Pre d Post Construction c scheduled times for upon not less t -four ( ) hours v i (Wa NIPfl andlar letter) and r the establishedI ion schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, liCity, County, t I inspectors and consultantsthe Property to provide II required NIPPre-Construction and Post-Construction visits. These visits could include, not be limited to final measurement, pre-construction inspections, review Designated arequirements, n ion inspections post- construction noise testing. In the event the Property Owner falls to provide access for all required I os Construction visits, the Property Owner shall be removed from NIPparticipation n r shall be liable oun for Contractor for any andII resulting damages and all direct and indirect ! to thereto. Construction Period Access. Upon award 'of NIP construction contract, the Contractor will provide the Program Manager with their final construction schedule, i ill include thei u r of calendar days to completethe NIP construction in eachparticipating condominiums. Base this schedule, the Program Manager will assign each Property Owner with a designatednumber of calendar in which construction will occur in their condominium. The Property Owner agrees to relocatetheir condominium r the entire assignedtime period. I addition, the Property Owner agrees not to re-enter their property for any reason during their assigned constructionperiodt r tpotential tonegatively i the r. I t vent the Property Owner falls to provideaccess for their assigned construction time period, the Property Owner shall be removed from NIP m. ___.�...... _._. .�Peiv Owner Noise Insulation Agreement Page 8 of 28 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 t . . . Construction Period_ Extension Due to Hurricanes. Sincethe NIP construction period Will extend into the Key West hurricane season, there is potential for construction delays and/ors the control of the Contractor, in the event of a threat of an approachinghurricane and/or an actual hurricane v t. Due to this possibility, the Property Owner understands that delays may occur in addition to their originally assi r ion time period, without any faultor cost to the Contractor and Program Manager. Furthermore, the Property Owner agrees to relocateit condominium r all additional calendar days resultingfrom NIPion work hurricanestoppages due to a threat or event at no cost to the County, Contractorand/or Program Manager. In the event the Property Owner fails to provide the required additional access to their condominium duerri e- I , the Property Owne r shall be removed from NIPparticipation n the Property Owner shall be liable the Countyand/or Contractor for any and all resulting damages and all direct and indirect is related thereto. 7. P is y� of - xistin _ fici nci sDuring Construction. In the event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negativelyimpact the installation of the NIPimprovements, the Property Owner agrees to immediately repait and remedlate such deficiencies in an reduceeffort to i impact on-the scheduledconstruction period. The Property Owner understands that, depending on the timing oft pre-existing ir, the NIPconstruction period may need to be extended, t no fault of the Program Manager or Contractor. 28. Imp, o _ _ it inConditions on Construction Schedule. The Property Owner understands that unforeseen buildingconditions t y arise duringthe NIPconstruction may have the potential to increase the original scheduled ti construction, which is not the faultof the Program Manager nor Contractor. The Propertyr needs to planfor t -c possibility that originally-scheduled cons r ion completion date may be delayedadditional days due to unforeseen buildingconditions that may arise and complicatethe I construction. 29. i io / Poor Treatment as Shades andBlinds. The OwnerProperty understands that, r the installation of new NIPiwindow and doors, the existingwindow and/or door treatments, shades and blindsnot be compatible nor able to be re-installedi i the now and existing i n doors. 30. Existinq Crown of ing. During the installation the new acoustic windowsI ill be providingreplacement interior trim ills. The Property Owner understands that the NIPreplacement trim ill not match custom and/or specializedoli rand/or cwindow n door trim. r completion I modifications, the Property Owner will have the ability modifications to the NIP interior trim at their own s . .........m`.... Owner o' eI 'o t Page 1. Communication Reguirements. The Property Owner agrees to read andreview II NIP emallsand/or letters in a timely iwhich are bin provided the NIPl c . In thev the PropertyOwner falls to meet this requirement, it couldl In ov I from NIPici i n. 32. il.„ Examination. The Program Manager has obtained or will obtain, its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from lions for title . 3. Cooperation in Clearing_ Title. Prior to the commencement construction of the Program Improvements, the Property Owner shall cooperate withthe County in order t (i) correct anytitle s affecting the Property whichdisclosed by t Title" and in the l t r i i the County may serve t invalidate the Easement, and (ii) secure the writtenconsent of any andall mortgage holders to the a rs conveyance of the Easement to the Countyif the County t ie that it is necessaryr desirable to do so ( II ivl , the "Title Mafters"). I , prior to the commencementf construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affectingthe Property may invalidate the Easement, this Agreement shall be null and void, nthe Easement shall be terminated. . Federal Assurance. As requiredthe l Aviation Administration, the Propertyr agrees to the fbilowingvisions: Propertya. The r shall subject the construction work on the projectto such inspection and approval during the construction of the Improvements and after completion of the Improvements l requestedbe by the r r for Monme County. Afterb. final completion of the Program Improvements, the Property Owner shall assume the responsibilityr maintenance and operation the items installed, purchased r constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears anyresponsibility for maintenance and operation of these items. 35. Reduction of Fresh _Air, Infiltration. r will be requiredto sin Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 36. Salvage of Materials & Eguipment. If the r desires to retainthe material or equipment removedfrom the s a resultf the Program Improvements, y Owner shall arrange for the selvage i materials i t directly with the Contractor at the Property Owners sole risk expense.and The County assumesno responsibilityfor.the conditionmaterial, equipment r surrounding s as a result of the owner-requestedsalvage. Property Owner and the Contractor shall, prior to the commencement of construction, executeagree upon and ocu listing those items salvaged. In the absence __ ......... ........®...®....�.... ......®.......... _ P�vpeny Omer Noise Insulation Agmement Page 10 $ of such a written agreement, all items shall become the property of the Contractor. Material Matedals andi not listed for salvage by the Property Owner shall become the property f the Contractor. 7. ProlgEU_Lnsurance. Duringconstruction period, the Contractor will provide builder's risk insurance r the Property. The Property Owner shall have the option, at the Property Owner's1 s maintain homeowners insurance lic for the duration of the construction of the Program Improvements. r understandsfollowing final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance cover any value the Property by the Program. 38. Ti in _ and Effects of Construction. The Property Owner understands that there is a chancethat construction itself may exceed the Contractor's on in l projected construction time period. The Owner also understands that the construction may involve substantial inconvenience an ul generate significant quantities of dust and debds renderingions of the Property uninhabitable for extendedri time. 39. Labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County its officers, employees, agents, consultants; and contractors and suppliers to issues relatingto the conformancef labor, materials acousticsins utilized in the Program Improvements. oti in this paragraph shall limit the warrantiesfor materials andworkmanship contained in the contract with the general contractor. 40. Sale of Property. In the eventh r sells, conveys or otherwise title to the Property before the completionII phases of the Program process, the Property Owner hereby agrees to provide the buyer with of this t prior to the closing the I v r other transfer, and t transfer all of the Property Ownersresponsibilities obligations r this Agreement to the buyer as a condition v y nc r other transfer the Property. 1. Waiver. No waiver of, acquiescencei , or consent to any breach of any terrn, covenant or condition II be construed , or constitute, a waiver of, acquiescence i , or consent to any other, further r succeeding breach of the same or any other term, covenant r condition hereof. . Releaseµ of Easement. In the event that this Agreement i cancelled or the Countyt r i that the Easement should be released , Owner,the Property upon writtent by the County, shall pay to the County the sum of One HundredDollars ( 1 ) to cover the costs of the preparation recording of the Releasef Easement document in the public records of Monroe County, Florida. r understands that it is the Property Owner's responsibility to insure such is made in order to "clear"the title to the Property. Propeny Owner Noise Insulation Agreement Page1rof2 43. Authority to Execute On Behalf Of County. By Resolution No. 111- LO-04, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17rh da' y of March 2004 grant full authority for the County Administrator to execute this Agreement—on—beh'alf of the County without further action by the Board of County Commissioners. 4.4. Amachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. ® Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements, d. Exhibit D: Deficiency Hold Harmless Agreement a. Exhibit E: Ventilation Hold Harmless Agreement 45. General Conditions. a. Governinq Lpw —,Venue, InteMretation, Costs, and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropdate administrative body in Monroe County, Florida. (3) The County and Pmperty 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 agreethat in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys" fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted. pursuant to this Agreement ishall be in accordance Wth the Florida Rules of Civil Procedure and usual and customary procedures reqUired by the it It court of Monme County. b. Bindinu Effect. The terrns, covenants, conditions, and provisions of this Agreement shall bind and Inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. ­­­..................... ........ ....... ................ Ptoperty Owner Noise Inniation Agreement Page 12 of28 c. Severabillty,, If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent pennitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. ® 6ijltoift . Each party represents and warrants to the other that the execution, delivery i3nd performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be requirad by law. e. Duration of Aareement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner' and by the County and shall remain in effect fbr a period reasonably required to effect the Program Improvements (the uTerm"), except as may be sooner terminated in accordance with the provisions of this Agreement. f. Acceptance of Gifts Grants un Beguests. The Assistance F.....d% 2r __ _ County and Property Owner a that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. g. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; prx)vlded that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. h® Adjudication of Disj)utes gr Disagreements. The County and Property per agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 1. 'Nondiscrimination, The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with' all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscri m Mation. These include but are not limited to. (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basI s of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as arnended (20 U.S.C. s. 794), which prohibits discrimination on the basis of handicap; (3) The Age Discrimination Act of 1975,*as am.ended (42 U.S.C. ss. 6101-6107), which Aropeny Owner Nolse.1mulation AMement Page 13 of28 prohibits discrimination on the basis of age; (4) The Drug Abuse Office And Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrim!nation on the basis of alcohol abuse or alcoholism, (6) The Public Hea'Ith Service Act of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, rdlating to nondiscdml nation on 'the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), as may be amended from time to time, relating to nondiscrimination; (9) The Monroe County Human Rights Ordinance (Chapter 1314, Article Vill Sections 13-101 through 13-130), as may be amended from time to time, relating to nondiscrimination; and (10) any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. 1. goo In the event any administrative or legal proceeding is instituted against either party relating to the fbrination, execution, p'erform any e, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the servI ces under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendurn to this Agreement. Ic. 'Books, Reggos., gnd Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for it purposes during the t f the Agreement and for four years following the tertnination of this Agree� nt. I. Covenant of No Interest, The County and Property Owner covenant that neither presently has any interest, and shall not acquire any Interest, which would conflict in any manner or degree with its perl'birmance under this Agreement, and that'only Interest of each is to perform and receive beneflts as recited in this Agreement. in. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. ................... Prope oise lmulado.n Agmement Page 14 of28 n. No SolicKation/Payment. The County and Property Owner warrant that, in rep �t l . It neither employed nor retained anycompany or person, other than a bona fidel i solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay anyn, company, corporation, individual, firm,or other than a bona fldem r i r its any fee, commission, percentage, gift, or other consWeration contingent upon or resulting fromthe award or makingthis Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to ten-Mn ate this Agreement without liability m t its discretion, t from moMesr otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. . Public Countyn Owner l allowm permit m to, and inspection of, l documents, papers, Wers, or other materials subject t .the provisionster 119, Floridat tut w and made or receivedthe County andr in conjunction with this nth and the County ll have the right to unilaterallythis Agreement upon Aolation of this proviWon by the Property Owner. Public Records Compliance. Property Owner must comply Wth Florida public records laws, inclufflng but not limited to Chapter 119, Florida Statutes iarticle of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access t , and inspection , all documents, records, , letters r other "public " materials rm in its possession r under its control subject to the provisionsof Chapter 1 , Florida Statutes, and made r received by the Countyr in conjunction with this t ' relatedto contractperformance. The Countyshall have the right to unflaterafly cancel this contractm violation of this provision by the Property Owner. Failure of the OwnerProperty to abide by the terms of this viseshall be deemedmaterial l breachthis contractn the County may n the terms of this provision in the form ishall, as a prevailingparty, be entitledreimbursement of all attorney's fees andt ted with that proceeding.,This m n shall survive may termination or expiration of the contract. OwnerThe Property is encouraged to consult With its advisors about Floridalip Records Law in order to complyit this provision. Pursuant to F.S. 119.0701 andthe terms andconditions this contract, the Propertyr is required to: 1) Keep and maintain public records that ul m the County to performthe service. Upon receipt from the acustodian records, � the County withthe requestedr aHowthe records to be inspected or copW withinreasonable time t a cost that does not exceed the cost provided in this chapter or as otherwise . Ensure that public recordsthat are exemptr confidential and exempt from ubli records disclosure requirements are not disclosed except as . .�........ __._...._..... _......... er er o' Insulation n of 28 authorized by law for the durationof the contract term and followingcompletion contractif the Propertyr does not transfer the records to the County. ( ) Upon completionof the contract, transfer, , to the County all public records in possession of the Property Owner or keep and maintain public records that would be requiredby the Countyo perform the service. If the Property Owner transfers all public records to the Countyupon completion the contract, the Property Owner shall destroy anyduplicate li r confidential and exempt from public records disclosurerequirements. If the Property Owner keeps and maintains public records uponcompletion f the , the OwnerProperty shall meet all applicable requirementsr retaining publicAll records stored electronicallymust be providedCounty, upon request from the County'scustodian f records, in a format that is compatiblewith t . information technology s of theCounty. (5) A request to inspect or copy public records relating to a County contract must be made directlyo the County, if the Co. nty not the nest , t II immediately notifyh r of the request, and the Property Owner must provideto the County r allow the records to be inspected or copied within a reasonable time. If the Property Owner has questionsin the application Chapter 119, Floridat tut s, to theProperty Owner's dutyto provide publicrecords relating o this contract, contactthe CustodianPublic co ri l ( ) 292-3470. p. Non-Waiver of Immuni , Notwithstanding the provisions of Sec. , Florida Statutes, the participationthe Countyn r in this Agreement and the acquisitionof any commercial liability insurance vself- insurance coverage, or local government liability insurance ool coverage shall not be deemed a waiver of immunity y the County to the extent of liability v , nor shall y contract enteredinto by the Countyi to contain any provision for waiver. q. rlvil Immunities. II of the privileges immunities liability, exemptions from laws, ordinances, and rules, andpensions lief, disability, compensation, other benefits which apply to the activityofficers, , volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the Countyhall apply to the extentdegree and o the performance of such functions and duties of suchofficers, agents, volunteers, or employees outsidethe territorial limb n . r. Legal Obil-gations and Responsibilities- angel tiop o eConstitutional or StStatuto Duties. This Agreement is not intended t , nor shall it be construed , relieving any participating entityy obligation or responsibility imposed upon the entitylaw except to the t of actual and timely thereof by any other participating entity, in whiche the performanceoffered in satisfaction of the obligation ot responsibility. Further, this t is not intended t , nor shall i construed authorizing t delegation o titui I or to duties t County, t permitted by the Floridaconstitution, ....__. ........ Ptopeny Owner Noise Insulation e state statutes, case law, and, specificaUy, the provisions of Chapters 125 and l tut s. nce by Non-'Parties. No person or entity shWl be entitled t 1 upon t , r any of 6 rent to enforce or aftempt to enforce y till claim r entitlement to or benefit of any service or program contemplated hereur, and the County and Property Owner agreeth tneither the Countynor Property Owner or any agent, officer, or employee of each shaH have the authority rit to infban, counsel, or otherWse indicate that any partlicUar individual rr group of individuals, entityr entities, ntitl rat r fi under this Agreement t oapart, Inferior t , or superior to the communityin general or for the purposes contemplated in this Agreement. tw .Aftestations. The Property Owner agrees to execute documents the County may reasonably require In the per t the li ti and dutiesthe our r Property Owner under this t. a No- Personal Liability. No covenant r agreement contaMied herein shall be deemedto be a covenant or agreement of any member, officer, agent or employee of Monroe Countyin his r her individual capacity, and no member, officer, agent or employeel1 be KaWe personallythis rat or be subjectto any personal liability r accountability by reason of the executionthis Agreement. . Execution l ggnte rt W This Agreement may be executedin y number of counterparts, each of which shaH be regarded as an original, all of which taken together sly H constitute one and the same instrument and an f the rtl heretoy execute this nt by Wgningsuch counterpart. w. Section I -gsw Section headingshave been inserted in this Agreement as a matter of conveMence of reference only, It It rrr section 'Ire t part of thist n Ill the interpretation of any provision of this r rat. Propere,Ownero' 'on Agmement Page 17 of 28 IN WITNESS , the Property Owner and. the County have. executedthis Agreement as of the day andyear first v n. WETS, PROPERTY OWNER: ry R. � n Of in Name Pdrited Name WIT r SignaWre �._ ». _ II Prin - �,�r ��"�" ,� .t`h e uo. »� Printed l SlOnstu g 5 n : � v { i ,u Printed Name U s � Fmk L BOAR® OF COUNTY COMMISSIONERS: MAYOR/CHAIRMAN: Sylvia J. Murphy MADO CLERK nrl d P "" II.v Deputy Cleric m: Signature Date x..nw. S?gi�iTe _rwweewm�.n..J ,'A1*.�m V r2 F; Properly Owner Noise Irtslaho>:Agreenrenl '' ,a Pa PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air Conditioning;_ General Restrictions. While i i "mini- split" AC system to your condomi IInsulation Program modifications, ll limitations and resill apply to all condominiums: f® All condensingI ill be installed on the ba All refrigerant lines (running I i i ill be installed consistent withpolicy ng a maximum height inches. 3. All condensate lines it installed the building ° t vAth Board policy l to ensure the highestlevel of consistencyit architectural aesthetics. ® All interior AC lines condensate, electrical) Ventilator ill be housed in new verticalwall and comer pilasters which will be constructed to match the qualftyexisting ll . The number and locations f the new vertical wall and comer pilastersill differ depending on your unique condominium i t of bedrooms. The NIPit i t review this tlon with you at your NIPI iMeeting. 5. Only electrical service panelsdetermined r to be deficient will be replacedf the NoiseInsulation modifications. B. Window Sill Replacement. Due to the presenoe of asbestos, the NIPill provide now custom wood surround and ill instead of the existing to thisI i ill (marble, granite, ill not be replaced. This revision will be an improvement, while decreasingi improving time officiencles. abatementC. Custom Crown-Molding and Baseboards Restrictions The new asbestos requirements will restrict the abilityexisting customtrim and baseboard prior to construction (as originallyi ill not allow i time r the awarded general contractor to secure custom replacement trim. Therefore, existingmoldings, i trim, and base, the contractor will, instead, i ti to the face of the new pilaster or thru wall ac-infill. At new pilaster locations if the thru wall ac ill abuts the existing baseboards, the contractor willinstall -1j" painted wood trimt abut the existingtrim, rather than ting to match the existingcustom and materials. After the completionf the NIPconstruction, r will .__-__. ............ Exhibit A- r NoLve Insulationt Page 19 of2 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry syAnglng doors and sliding glass patlo'doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum prDtaction to the interior of a condominium from water infiltration during a hurricane. E. KWBTS Asbestos Testing As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS co-ndom ini ums in Buil t dings A, B and C during he November 2017 to April 2018 time period. This testing included collecting 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 samples were collected on both the 'Walkway" and "courtyard / balcony' building 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 vAndow installation, - door removal and acoustic door installation, - removal of portable "through-wall" AC units and the infilling of openings, - ceiling cuts required for installation of the ductless AC, ® wall cuts required for the installation of the ductless AC, - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, - construction of closet soffit for installation of the ERV. R Asbestos Abatement Requirements In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor Ml be required to perform the following abatement requirements during construction: If samoles show a Dresence of ACM < I% The NIP contractor ®l 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. 'ir4ibit A---P"r"'o'pen'y—Owner—Noise—Insulad"o n_Agreeme_nt _,_­, PW 20 of28 mples showA_pre ,... o The NIP contractor will be requiredto performfull asbestos abatement procedures directed by the Environmental Protection Agency(EPA)to include: Construction of ACM containment barriers In all (walls, ceilings, closets, approximately t from all wallsimpacted the NIP modifications. Abatement in (resulting lit certified asbestos t t asbestos- Air sampling of containment areas and clearance of all areas by certified t o nt staff to allowto oonWnment areas by traditional (non-abatement)workers. - THC will be required to provideexecutive urn t of all ACM abatement processes in all condominiums throughout the NIP constructiont ensure proper compliance withfederal and state abatement guidelines. - The presence of ACM will have a signfficant impact n the NIP construction process, lengthening ul the construction pedod andincreasing the sequencing and coordinationa urn nt u t our crews. Given the to providerequired best abatement procedures, the FAA will require THC to developu t u u plan that ulniur ul the disturbance n of ACM to ensure the mWmization of constnicUon costs, duraUon, and liability to the contractorn T owner's. Thli plan will result in now property owner reqWrements and designrestrictions wNch are outlined below. H. KWBTS BOARD Authority of Desigg Decisions. The KWBTS Board will have the Authority to make several of the urn design decisions to o of W t. Acoustical Windowand our Material 2. AcousticaMindow and Door Color and Hardware Finishes 3. Acoustical indow and Door Operational Styles 4. Interior Ductless Uni-Split" t u t to' n Requirement 5. Interior inul- oust" AC SystemInterior t Design andPlacement 6. In-FlUed KitchenPrime our Policy Treatment I.... ....... Exhibit A-Propeny Owner Noise Inndation Agreement Page 21 of 28 LEGAL DESCRIPTION Exhibit NoiseTo Homeowner i t Condominium Unit No. 1 - , CORAL BAY GARDENS OF KEY WEST BY THE SEA, condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Booka 7 , as amended from time to time, and the Condominium Plans as recordedin Graphics ook 1, of the Public Records of Monroe County, Florida. ................... ._............._ _...... Exhibit B-Property Owner Noise bisuladon Agreement Page 22 oft PROGRAM IMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This Eghlbit C represents the Program Improvement package for an eligible home that inclu es 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: 6 Architectural Drawings a Replacement Aluminum Acoustical Windows 0 Replacement Aluminum Acoustical Swinging Prime Door(s) 0 Replacement Aluminum Acoustical Sliding Glass Patio Door(s) ............... &hibit C-PropetV Owwr Noise Insulation Agreement Page 23 of28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit NoiseTO Property Owner i 1. In partial consideration of the compensation to be paidbehalf C�unty and the Program for the Program Improvements to be made to the Property described in t . f even date herewith (t "Agreement") between the County and Propert y Owner and to whichthis Exhibit is attached, the undersigned, t and on behalf cyf the undersigned and the heirs, personal representatives, successors, and assigns the undersigned, v r releases, remises, discharges, indemnifies covenants not tsue, institute claims it, or institute any proceedingsagainst, the County, or any of its agents, officers, l nsu for contractors concerningany and all claims, demands, damages, actions or causes ion of whatsoever kind and natureon account of bodilyinjuries or death, damage to the property, and the consequences thereof, and any of the foregoingwhich undersigned t their respective heirs, personal representatives, successor's and assigns i connection ' any and all Pre-Existing Deficiencies (the "Deficiencies") against i Countyr any,of its officers, agents, employees, consultants and/or contractors legally liable. . The Property Owner understands and assumesII responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. Owner3. The Property understands that the Deficienciesinclude deficiencies present in the Property at the time of execution of this Agreement which could include, not be limited violations, structural damage, water 1 moisture damage, hazardous matedals, infestation and/or any issue that would negatively impact the installation and performancethe Program Improvements. 4. If visible, the Property Owner understands that the Program Manager may identify and document ici ncies at any time throughout the Program process (including i i construction processes). If identified documented, the Program Manager will classify the observed Deficienciess either"Minor" or"Severe". . The Property Owner assumes full responsiblifty for the worseningf any documented for Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Property Owner agrees to completei to the , t the c t nc f the Program Manager, as a precondition to the commencement o 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-Pmper&OwnerNoise Inmiation Agreement Page 24 oft Mr IV IWOffs tD PmPO ;, 10 h,9 S of Ifte Pmgmm Man=, v W ., Tb4 underftrood a' u: m& go areJ wpme �`� , ! co­d milm s a'A hold hamWvs arW ll wki mNy pmvbbm W bM la l0wamgrao 6 IM, apply to all 1 vg "VIS r mW after ttva n ,, ft Pr%ira Impro n, Ow No We Ine&A igf* g �w 8�yyh..'!.} tY�'� �(7be and Ali' ho ;�s��`, gme kit��?"%�;g�'t(S' ���rA p %b�i.H of ftj �' Shal �' `,'gY Intel x 4.arxwl, and Wwm tip# � x., US a �.,4 k f tw I.alA e4ned u.�&rW their$em4m.0,403v helm pommal cap sm 'da m and assigns, , a, RE T Y �. . �. C q yv�N ra, -- , U . Fa .,. ....... .._.....,. ir t r I� MF t na 6 � .w....... ,., m Sima� 25�at, t VENTILATION HOLD HARMLESS AGREEMENT Exhibit NoiseTo Property Owner iAgreement 9. 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 ') between the County and Pmperty Owner and to which this Exhibit E is attached, the undersigned, r and on half of the undersigned and the helm, personal representatives, successors, ass! ns f the undersigned, forever releases, remises, discharges, indemnifies n covenantsnot to sue, institute claims i , or institute any proceedings against, the County, or any of its agents, officers, ploy consultants for contractors conceming any and all claims, demands, damages, actions or causes of action o whatsoever kind and nature account of bodily ijur!es 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 assigns in connection with any and all Ventilation Deficiencies (t "Deficiencies") against said oun r any of its officers, n , employees, consultantsfor contractom to be legally liable. . The Pmgram Improvements include the additionof acoustical !nos and doors, removal and i #illin "through-wall" portable air conditioner units and the addition of a replacement ductless " ii-s lit" air conditioning system. Because these modifications ill result in a tighter idr environment due to the elimination of II passive inside l outside it leakage that was naturally occurring in all openings, the Program Will also include the addition of a energy recoveryventilation ( ) unit which will provide an adequate exchange of inside 1 outside air to the condominium required building . 3. Given the tightenedintedor envimnment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper opemtIon of the new Program ductless AC syt energy v ventilation ( V) unit to avoid the potential for mold and moistureproblems, especially duringperiods when the condominium is closed and uninhabited. 4. Due to FAA eligibilitylimitations, the Program will not be providing bathroomfan treatments. Since bathroomtubs and/or showers are a source of moisture geneirationin the intedor environment of a condominium, the Pmperty Owner agreesto assume full responsibility for ensudng that all bathrooms have an operable bathroom b u t fan capable of propefly exhaustingt of t to the extedor of the building. It should also be noted that the on inal KWBTS condominiums were constructed with a small wall vent that was designed to allowthe passive exhaust of Exhibit E-Property Owner Noise Insulation Agreement Page 26 of 2 bathroom moisture in a central building i t shaft. Dudngthe Programdesign survey process it was discoveredthe buildings lack a soii nt building exhaust shaft. Due to this existing iti , these original wall vents if stillpresent) have the potential to providet for unwanted air, smoke and/or gases Into the condominlurn interior. The Property Owner agrees to assumeii responsibility for the seailng of original wall vents in all bathrooms and for any andall negative impacts that may result if left untreated. 5. It is cieartyufl in i ti n to duct laundryt to the KWBTS central i t shaft. In the event a PropertyOwner has Incorrectly their laundry dryer vent to the i building exhaust shafts, they agree t conrect this i uri exhausting their laundry dryer exhaust In an alternative mt' that meets current buflding code, at their cost before the initiation of the Program constructionprocess. Furthermore, the to assume any and all liability reiated to the improper ducting of their laundry dryer exhaust. 6. The rOwner understands that the Program Improvements iii not address kitchen i t a tii ti urn and/or excessive interior humidity levels generated the r within the Interior f the condominium. The Property Owner understands f ii responsibUity for maintenance of interior moisture and humidity levels. The ur agrees to assume full responsibility for any reoccurrence our worsening of moisture proIli and/or intedor humidity levels in the w In addition, the Property Owner agrees to assume f ii responsibility ur the maintenanceoperation f the NIPventing " u ti completion f the urn improvernents. . The i ned acknowledge and agree that all of the release, h i harmiess andindemnity iiu t fourth in t of this Exhibit E applyt injuries, tl , or tained in connection with our as a result of any and all intedor ventilation deficiencies arisingr the additionf the Program Improvements including, but not limited t , high humidity, mold, ur ii , f r lack of proper exhaust ventilation. i i u f this ii survive the termination our expiration of the Property Owner Noise Insulation Agreement. The undersignedhereby agree that t terms andprovisions of this Exhibit E shail be bindingupon and inure to the e fit of the undersignedtheir respective heirs, personal representatives, successors and assigns. 5 9YI Y NE ' fPROPERTY OWNER: ..__ Signature ,wry A, � r � PInted Name gnature Pflnted Name _................_________.®_...._.._.__ ®.... i - r Noise bmladon Agreement Page 27 of 28 PROPERTY OWNER: ® -........7,T, E SS E 8: unuv ---... ,....... xnw.mxxm -. Printed. Printed a Signature Printed Name ... _._ _..------------ ........ ----- ------ ------ ................ .. , . OWNER:WITNESSES: PROPERTY Signature Signature Printed e _ Ar—inted Me Signs re a Printed Name e._ ....... -- .. Exhibit E-Property Owmer Noise Insulation nt Page 28 of28