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09/18/2019 Agreement/Easement-C109 �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 a d vend Retum To: Doc#2263711 OW302SPg#2293 Heather P. Faubert Raor&d 4/21/202010:49 AM Pap I of NIP Assistant Project Manager TC, Inc. Dead Doc s .00 710 Dacula Rd., Suite 4A#315 Filed in Official Racmds of Dacula, GA 30019 MONROE COUNTY XEVIN MADOK CPA AVIGATION EASEMENT Key t International Airport NoiseInsulation TI EASEMENTA T is entered into this day o by"CATHERINE D. RIDDELL, FAMILY T"' hereinafter referred to as"the ° ° Property er, in favor of the MONROE COUNTY BOARD F COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real pro ("the Prope °) located in Monroe County, Florida, more particularly described as follows: Condominium Unit 109-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 Book5 , Page 370, as amended from time to time,and the Condominium Plans as recorded in Graphics Book 1,of the Public Records of Monroe County, Florida. also identified as street address: 112601 S. RooseveltBlvd., Unit 1 " B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make propertiesthat, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a NoiseInsulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property is Property necessary to reduce interior noise levels at least 5 dB and to bring the average Interior noise level below 45 dB in accordance with Federal Aviation Administration policy. Grantingof an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airportand Airway Improvement Act of 1982, and will include funding from the BOCC, actingin its capacity the owner and operator of the Airport. y weal I... magonai Amon NIP--Avigation Easement tuna 109) Page 7 of 4 E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures an the property necessary to achieve a reduction in DNL indoor Is levels of at least 5 dB and bring the average Interior noise level below 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAX) on December 19, 2011 G. The NIP will be administered in accordance with the current FAA Order,5100,38, Alrport Improvement Prugram Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, an terms as hereinafter set forth. NOW THEREFORE,for and in consideration of the improvements to be made to the Subject Property through the NI P,the reoeipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner an behalf of the Property Owner and its heirs, assigns and all successor's in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property.This Easement shall apply to all such aircraft activity at the Airport, present or Aiture, in whatever fbrm or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. ® This Easemen't shall be perpetual in nature and shall bind and run With the title to the property and shall run to the benefit of tie BOCC or,its successor in interest as owner and operator of the Airport, 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, fry m any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successor's currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Key West kftmalloiiiiil o_R NIP—AAgavon E-8-89-Mani, oc1 09) Page 2 of 4 Airport or of aircraft landing or taking off at the Airport. 4 This Easement expressly excludes and reserves to the Property Owner and to the Property Owners heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Eas'ernent that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the per-son on the property. 5. Should either party hereto or any of their successors or assigns in interest retain counseI to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorney's fees and costs incurred in connection therewith, including appellate action. ® No provision of this Agreement is to be interpreted for or against any party because that party or that parVs legal representative drafted such provision. This Agreement shall be Interpreted and construed according to the laws of the State of Florida, T No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may 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 herein is held invalid, void or illegal by any court of competent jurisdiction, the sarne shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially It the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by I . 8. In the event the Airport shall be subdivided into more than one parcel, or the Airport or a portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC, then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled 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 of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. ........... Ivey. West intemetional Airport NIP—Awfgation Easement(Unft*C1 09) Page 3 of 4 This Easement Agreement is executed of the date first above written. s ss Signature Printed ame Printed Name. � • Dads Date �•� w,•.�,,• �'. q%AL sue,.=*„�' �` OF COUNTY OFF . The foregoing instrument was acknowledged before me this day of G�1" tiGl . ' ,20 by s Property Owner e(s) Ex4 ;� y CommissionExpires: WvitU r . _. .. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR,. Y �a 5ipnaiu _ 4 Z sign, 40 Pri Name ftnatuu _ F 5 e„+ 'ttk S y a — y mowm,n"urnnnnnnm„w,u• pp 4' 4 w,x—.... STATE OF FLORIDA �QIP, `� COUNTY OF MONROE �rt The fbmgolng instrument was acknowledged before me fl, Is �� b�V` �•u� r 2 .�a b s Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. I My Commission I s: Notary Public signa 114MROE GOU91 ON ATIfORN + , " I �,f O y Wag International Airport NIP—Avlgatlon Easement(Unk 1 ) '' •, Pag;-4Wof 4 � P ' J.MEDIA _ ' .....- ----- .... ss: F ev West e Sea Unit No.: C 109 (s): Riddell PROPERTY OWNER NOISE INSULATION KEY SST INTERNATIONAL AIRPORT, THIS NOISEINSULATION (this "Agreement") is made and effective the t last below written by and between MONROE COUNTY, a municipal corporation organized andexisting n r the laws of the State of Florid (the n " , and the undersigned (the "Property Owner). 1 T N E S S E T H: WHEREAS, the Property n r is the I record owner in fee simple of certain real prop" located in the i of Key West, County of Monroe, State of Florida, and more particularly crib on Exhibit__ attached hereto (the "Property"), and the County is the owner and operator of the t International Airport (the it cr , situated in the it of Key,West, County of Monroe, State of Florida, and in close proximity to the Property; the on desires to obtain and preservefor the use and benefit of the public a right of free and unobstructedflight for aircraft landing cn, taking off from, or maneuvering about the Airport, and the p r has electedtoparticipate in the Key West International Airports NoiseInsulation Prograrn (t 'Program") and, as part of the Program, the Property Owner has electedto obtain acoustical treatments and improvements to the r particularly described on _.Exhibit _Q attached hereto (the uPrograrn Improvements"); id Prograrn Improvements to be paid for by the County t no cost to the PropertyOwner and in exchange fbr the grantingto the County of n avigation easement over, across and through the Property, and the County will enter into a construction contract with general contractor (the ntr rm) to providethe installation of the Program improvements; and the r is managedby the consultant consisting of team manager and assistant manager, architect, mechanical / electrical engineer, acoustician n n t cti n manager selected by the County (the "Program n " / n the Property Owner and the Countymutually wire to agree to the terms upon which the Property caner will participate in the Program and receive the Program Improvements upon the terms m n conditions r i herein; THEREFORE, in consideration of the terms, covenants and conditions t fbrth herein, and other good and valuablen i ration, the receipt and e... . ....... Propertyr of Insulation e et 1 o 1 sufficiency of which are hereby cnle , the Property Owner and the County herebyr folly 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (t "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 ratified in all respects. . �Proaram Policy Statements. Consistentit the Program and/or Federal Aviation AdministrationAirport Improvement Program policies and procedures, the r r has developedseries of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statementsvie to the Property Owner by the Program Manager. A copy of the Programolicy Statements is attached hereto as ExhibftA. 3. Pa ment of Program I , rr ve n . The County agrees to pay for the ProgramImprovements desri in Exhibft C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program an r, and performed by the Contractor. i r interfere. Irmo it Competitive BidProcess._ The PropertyOwner shall not Contractoes"ibill to elect between approved product manufacturers an subcontractors in the preparation of bid submittals. To Insure competitive bid environment, the Property Owner is prohibited from vin 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. Failure of the p n r to comply with thisprovision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of thisAgreement. . Construction Contract. The Countywill award the contract r the Program Improvements consistent with Federal and Countycompetitive bidding policies and procedures. The contract ill require theContractor to completethe Program Improvements within time perioddefinedy the Program Manager. 6. - & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- cntru on: a. Prior to the start of NIPconstruction, the Property Owner shall meet all Pre-Construction requirements to include: (1) Removing all valuables (such as jewelry, coins, guns, antiques, heirlooms, .) from their condominium; ( ) Moving of all furniture belongings into the "Designated Storage Area" within the condominium, providing the required "clear area" (white Propertyr Noise Insulation Agreement Page 2 o 2 space in t for the Contractor. When dolng so, the Property n r V01i have the ability to utilize the complete "floor to calling" space. ( Removing inn f all excessive furniture an belongings from the condominium that will not fit in the "Designated Star r "; ( Removing all window andr treatments (such as blinds, drapes, plantation shuffers, etc.) and storing them in the "Designated i t for pace " "', Removing ll electronic amn ' dUst-sensitive items from their condominium r wrapping with protective poly before storing them in t "Designated Storage Removing all wall hangings (such as mnnlrr r , pictures, hanging shelves, t .) aand trimn them in the "Designated t t Area"; ( ) Moving all small items rmd belongings into either the closets or bathrooms tlimn in the "Designated St Sit tlhm Afterb. cornpletlon of the NlP construction, the Property winner shalI meet all Post-Construction requi mnm to lmn lu ® (h) Moving of all furniture an belongings stored in the "Designated Sfor Ib l to their original positions in the condominium: im m : ( vie f any i furniture and belongings into tinycondominium; ( ) Re-lristallation of all wall treatments, door treatments arand wall hangings back to their original positions in the inn mnmimni . W in the event the rod m y Owner fails to perform any and all of the above Pre-Construction responsibilities, the Prop" winner shall be removed frown Ill participation and the Property e inn r shall be liable to the County and/or Contractor for any mnm H resulting mr and ll' direct and indirect t related thereto. d. In the rant the Property Owner falls to perfbrm any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County n f r Contractor for any and all resulting damagesand all direct and indirect costs related r t . . lmDedlna Construction. Once construction of the Program Improvements begirons, the Property a inn r shall not impede inn tr ti inn or alter construction schedules. In addition, the r l y Owner shall prevent any and all tenants that may I y the Property duringthe inn tr tti inn of the Program rain Improvements from lmpeding construction or altering construction schedules. in the event the Property I wn r or any tenant occupying the Property impedes construction or o r Noise lmdation A ,...3 of 2 afters mn tru do n schedule, the Property p r shW1 be liable to the Contractor and the Countyr any darnagesd all direct and indirect cosh related thereto. 8. 'Safe _ i, „Environment. The Property Owner shall be responsible for providing a safe wor' in mnAronmrmn mnt for the Program r n r, Contractor, subcontractors, Ip li d City, County, to and federal Inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property r shWI be responsible for. 1 Providing min working in €r mnm m mnit that is from potential health risks, m Inazar'd conditions, hazardous he mi l , obstacles, weapons of any kind nd/ r explosives; Refraining from verbal abuse or profanity; Refraining from aggressive physical contact-, and Insuring that all pets re compleWy secured and mnt in d. In the event the Property inner falls to meet any of the foregoing conditions, the Program process mayw at the mnt ' discretion, be r ril suspended at any time.. In such event, the Program m inn r shall notify the Property Owner in writing, stating the corrective action(s)and and/or condition(s) requit to be completed l' maned by the Property 1p inner prior to the County resuming the Program process. . In the event the Program process is not resiurned due to the Property rt rm is failure to completethe i action(s) amnd/ rcondition(s) requiredthe Program Manager, the Property shall be liable to the County and/or Contractor fbr any mnld all damages min it direct and indirect t related thereto. dW If the Program r° mmm process is resumed, the Property Owner shall be liable to the u n and/or Contractor for any and all damages andall direct and indirect costs related to or caused by the temporary suspension of the Program process. . ConstructionDelays._ During the inn t tin inn period, time Contractor may inn innce unforeseen complications relatingto the installation of the Program rare Improvements. The construction contract shin' ll provide that delays related to these unforeseen complications arebeyond the control of the Contractor and shall be excused so that the time r completion may reasonably be extended. Construction schedules may l revised if there is a delayin awardingf the inn r if the Program Improvements m ent have to be re-bid in the event of lack of bidding contractorsinn C r failure f the lowest responsive, responsible bI r to execute the count t, provide a payment ,and performancebond r show proof of required insurance. 10. Chan-gesto Scooe�µof�Work. The Program Manager reserves the right to make h inn to the l min and i ti and the Program lmp�rovements, at its Properly Owner Noise Imulation Agmement Page 4 of 2 sole discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. 6ql;@a ce of Work. Upon completion of the Program Improvements, the Program Manager shall inspect or use the inspection of the Program Improvements to determine if they were completed pur'suant to the terms of the contract. The Program Manager retains sole discretion and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcome to attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager with respect to the acceptance of the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/performance issue and any remedial action that may need to be taken, Monroe County shall be the final arbiter of any conformance/performance/issues, Failure by the Property Owner to submit the wriften complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. 12. Termination--of Agreement. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award o,f the construction contract, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed aspart of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 9. b. At the end of construction, the Prognam Manager will provide the Property Owner with a Warranty & Final Closeout Package which will contain copies of the warranty policies, product instructions, design documents and legal document& As a condition of receiving the Warranty & Final Closeout Package, the Property Owner ...........--- ....... Fmperty Owmr Noise Imulafton Agreement Page 5 of28 must first submit a completed NIP Property Owner Satisfaction Survey to the Program r® 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 clairn, 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 far, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owners inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter', (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired-, (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business,, and (4) The Property Owner believes that service is required with respect to product warranty issue% and the advertised warranty period for the product has expired, 14. Pre-Existina Deficiencies, The Property Owner will be required to sign Frhibff Q (Deficiency of Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-EAsting Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Keq,uirements. 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 Property Owner will be required to complete 0 designated Pre-Work It utilizinq their own funds and ger the required deadlines as established bv the NIP. In the event the Property Owner fails to complete the designated Pre-Work items 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. 16. It Key West"Hard-Wired" Smoke Alarm Requirement, In compliance with the City of Key West it Marshall and the City of eatBuilding Department construction permit issuance requirements, the Property Owner, will be required to install 120-volt "hard-wired" smoke alarms in their condominium in .......... erty Owner Noise Imuladon Agmement irop Page 6 of28 accordance with all applicable codes and regulations by the required deadline as estaAli shed by the NIP. The Properly Owner will be responsible to ensure that the smoke alarms are not installed in sameKK,areas within the condominium where NIP„"Ification work will the NIP construction pLqcess. In the event the Property Owner fails to install the designated "hard-wiredn smoke alarms by the established NIP deadline, 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 of Deficiencies due to their potential impact an the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager, In the event repairs are not completed in a timely manner, the Property per will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the Ergr 4@_y. The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make, alterations to the existing windows, doors and/or walls from the time o,f the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pro-approved in writing by the Prograrn Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated wifth unapproved alterations and damages related thereto. 19. Pre and Post-Construction Noise Testingmm,M Process, Pre- & post- construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for pre- & post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of the Pre-construction noise tes,t to the post- construction noise test., In an effort to insure consistent now data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time of,the Pre-construction noise test to the Po construction noise test. The Property Owner understands that the failure to adhere to i i requirement may result in corruption of the noise testing date. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not to 20. �Lqp ratlon. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary, ........... Property Owner Noise Imuladon Agreement Page 7 of28 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 necessM to carry out the Program Improvements. 22. Desi Ln grld Bid ProcessAccess. At scheduled times and/or upon not less than twenty4bur (24) hours advance notice (via NIP email andlor letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontiactors, suppliers, City, County, State and 'federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material Inspection, pre-nolse testing and pre-bid visit. In the event the Property Owner falls to provide access to the Property for all required NIP Design and Bid Process visits, the Pmperty Owner shall be removed from NIP participation, 23. Pre-Construction Access. The Property Owner agrees to provide access to the Property forty-eight (48) hour's prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could result in the suspension of the scheduled NIP construction 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. 24. Pre and Post Construction Access, At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP ernait lor letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspector's and consultants access to the Property to provide all required NIP Pre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction is testing. In the event the Property Owner falls to provide access for all required NIP Pre and Post Construction visits, 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, 25. Constniction Period Access, Upon award of NIP construction contract, the Contractor will provide the Program Manager with their final construction schedule, which mfill include the required number of calendar days to complete the NIP construction in each of the participating condorn inn ums. Based on this schedule, the Program Manager will assign each Property Owner with a designated number of calendar days in which construction will occur in their condominium. The Property Owner agrees to relocate from their condominium for the entire assigned time period. In addition, the Property Owner agrees not to re-enter their property for any reason during their assigned construction period due to safety concerns and the potential to negatively I mpact the Contractor. In the event the Property Owner fails to provide access for their assigned construction time period, the Property Owner shall be removed from NIP I., I............... ................----- ....................... Property Owner Noin InBulation Agreement Page 8 of28 participation and the Property Owner shall be liable to Vie County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto, 26. Construction Period Extension Due to Hurricanes. Since the NIP construction peri Wfl-extend into the Key West hurricane season, there is potential for construction delays and/or stoppages, beyond the control of the Contractor, in the event of a threat of an approaching hurdcane and/or an actual hurricane even't. Due to this possibility, the Property Owner understands that delays may occur in addition to their originally assigned construction time period, without any It or cost to the Contractor and Program Manager. Furthermore, the Property Owner agrees to relocate frorn their condominium fbr all additional calendar days resulting from NIP construction work stoppages due to a hurricane threat or event at no cost to the County, Contractor and/or Program Manager. In the event the Property Owner fails to provide the required additional access to their condominium due to hurricane-related work stoppages, the Property Owner it 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, 27. i Deficlencies During Construction, In the event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact an the scheduled construction perliod. The Property Owner understands that, depending an the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. 28. s on Construction achedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor, The Property Owner needs to plan for the 'worst-case" possibility that the onginally-scheduled construction completion date may be delayed a few additional days due to unforeseen building conditions that may arise and complicate the NIP construction, 29. Existria Window / Door Treatments, Shades and Blinds. The Property Owner understands that, after the installation of new NIP acoustic window and doors, the existing window and/or door treatments, shades and blinds may not be compatible nor able to be re-installed due to size differences between the new and existing windows and doors, 30. Existing Crown Moldipl., During the installation of the new acoustic Windows and doors, the NIP will be providing new "standard" replacement interior trim and sills. The Property Owner understands that the NIP replacement trim will not match custorn and/or specialized crown molding pattems and/or custom window and door trim. After the completion of the NIP modifications, the Property Owner will have the ability to make modifications to the NIP interior trim at their own expense. .............. ........ Property Owner Noise Imulation AgTeement Pap 9 of 28 31. Communication Requirements. The Property Owner agrees to read and review all NIP emalls and/or letters in a timely fastilon which are being provided by the NIP to ensure schedule confiormance. In the event the Property Owner falls to meet this requirement, it could result in removal from NIP participation. 32. Title Examination. The Program Manager has obtained or, will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 33. Cooperation in Clearing Tid Prior to the commencement of construction of the Program improvements, the Property Owner shall cooperate with the County in order to (I) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easernent, and (I!) secure the written consent of any and all mortgage hoI ders to the Property Owners conveyance of the Easement to the County if the County deterrnines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 34. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County, b After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bear's any responsibility for maintenance and operation of these items. 35. Reduction of Fresh Air Infiltration, The Property Owner Wil be required to sign Exhibit E (Veiiiiiati of Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 36. Salvage of Materials &_Eggipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange fbr the salvage of sal'd materials and equipment directly with the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment or surrounding surfaces as a result of the owner-requested salvage, The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence ---- -I..................- ........... Property Owner of Inniadon Agreement Page 10 of 28 of such a written agreement, Ili shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 37. EmR2& Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a horneowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builders risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38. Tim irk q and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant quantifies of dust and debris rendering rt® n of the Property uninhabitable for extended periods of time. 39. Labor and Ma-terial Release. The Property Owner releases and forever discharges any and all �1_airns, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants, and contractors and suppIn ers with respect to issues relating to the coy mance of labor, materials arid acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract YAth the generaI contractor. 40. §jksffEgp@r1y. In the event the Property Owner sells, conveys or othermfise transfers title to the Property before the completion of, all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 41. Wai No waiver of, acquiescence in, or consent to any breach of any term, covenant �r-ver,condition hereof shall be construed as, or constitute, a waiver of, acquI escence in, or consent to any other, further or succeeding breach of the sarne or any other term, covenant or condition hereof. 42. Release of Easement. In the event that this Agreement is canceII ed or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owners responsibility to insure such payment is made in order to "clear" the title to the Prop". Property Owmr Noise Imulation Agreemni Pap 11 of28 43. Authoritv to Execute On Behalf Qf jy lution No. 111- 229.4, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioner's of Monroe County, did, an the llrt f March 2004, grant full nty authority for the Cou Administrator to execute tl�,�Sreem_enton—behalf of the County vVithout further action by the Board of County Commissioners, 44. Attachments, Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A, Program Policy Statements, b Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency of Harmless Agreement & Exhibit E: Ventilation Hold Harmless Agreement 45. General Conditions. a. Governing Law, Venue. Interpretation Costs and Fees. (1) This Agreement shall be goverried by and construed in accordance%vilth the Laws of ttie State of Florida applicable to contracts made and to be performed entirely in the StaW (2) In the ever-it that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting Interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing p" shall be entitled to reasonable attomeys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure arid usual arid customary procedures required by the circuit court of Monroe County, b. Binding Effect, The terms, covenants, conditions, and provisions of this Agreement shall bind and it to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. Propeny Owner Noise laulation Agreemem Page 12 of 28 c. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unentbroeable 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 perrnifted 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, d. 6giftodt . Each party represents and warrants to the other,that the .Jy 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&greement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to effect the Prograrn Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. f. 6cqe tagge 2f Gifts guests, The 4�__ _ Grants, Assistance Funds, 2r Beg County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used fbr the purposes of this Agreement. g. Claims, for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission, h® Adiudication of DLsputes 2r Pisaqreernents. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, they any party shall have the right to seek such relief or remedy as may be provided b,y this Agreement or by Florida I . 1. Nondiscrimination. The County and Property Owner agree that there will be no discHmination 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 p", 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 no ndiscrim ins ation. 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 basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U.&C. s. 794), which prohibits discrimination on the basis of handicap, (3) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss, 6101-6107), which Property Owner Noise Inmdadon Agreement 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 nondiscHmination 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 nondiscrimination an the basis of alcohol abuse or alcoholism, (6) The Public Health Service Act of 1912, ss. 523 and 527, (42 U.&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, relating to nondiscrimination on the basis of disability, (8) The Florida Civil Rights Act of 1992, (Chapter 760, Flofta Statutes, and Section 609.092, 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 to statutes or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. j. p....ppgration. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, 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 -services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement, k. Books, Records, and Documents. The County and Property Owner shall maintain books, records, arti irectly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or it authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for it purposes during the term of' the Agreement and for four years following the termination of this Agreement. 1. Covenant of No Interest. The County and Property Owner covenant that neither presenfly has any lhi—ter t, and shall not acquire any interest, which would conflict in any manner or degree vAth its performance under this Agreement, and that only interest of each is to perfbrm and receive beneft as recited in this Agreement. m. 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; in business with one's agency-, unauthorized compensation, misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Propeny Owner Noi; im' uladon Agreement Page 14 of28 n. No Solicitation/Payment., The County and Property Owner war-rant that, in respect to ftie—If, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. Fort breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement Wthout liability end, at its discretion, to offset frorn monles owed, or otherwise recover, the full amount o,f such fee, commission, percentage, gift, or consideration. o. Public Access. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Flodda Statutes, and made or received by the County and Property Owner in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by the Property Owner, Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Flodda. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction Wth this contract and related to contract performance, The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing p", be entitled to reimbursement of all attorney's fees and costs associated With that proceeding. This provision shall survive any termination or expiration of the contract. The Property Owner is encouraged to consult with its advisors out Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copI ed within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as PropeM OwnerVoise Imulation Agmement PW 15 of28 authorized by law for the duration of the contract term and following completion of the contract if the Prop" Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential arid exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the in'formation technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time, If the Property Owner has questions regarding the application of Chapter 119, Florida Statutes, to the Property Ownerjs duty to provide public records relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305) 292-3470. p. Non-Waiver of 1MMunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q. E6yjj@M ind Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limb of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r. Lggial Obligations and Responsibilities,, Non-Delegation of Constitutional or, Siglutoa Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating ent4 from any obligation or responsib ill ty imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered I n satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, "I'll'' ,............ Property Owner of Insulation Agreement Page 16 of 28 state statutes, case I aw, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance by Ngn-parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or, benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherm(Ise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Aftestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under,this Agreement. Personal Liabilljt, . No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. v. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Headings. Section headings have been inserted in this Agreement as a mit—teW—of AcAA oinvenlenoe of reference only, and it is agreed that such section headings are not a part of this Agreement and vAll not be used in the interpretation of any provision of this Agreement. .......... P r Noise Insulat ion Agmemeyd Page 17 of 28 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. .............. WITNESSES: PROPERTY OWNER: E"Ignature Signatu '��4' re PrInted Nmmd; Printed Name�t Ninted Nwrne . ............ WITNESSES: PROPERTY OWNER: Signature Printed Name ":" Printed Name ............... Signature Date Printed Name MONROE 2COUNTY BOARD OF COUNTY COMMISSIONERS: . ..(Seal) MAYOR 1 CHAIRMAN: Attest: MADOK, CLERK Slyvi - fur B J,"y: Deputy Clerk Signature 9'........... ............... Date ................... .......... 'AqVED As 2'Q1R#A Pa,e 18 qf28 Property Owner Noise Insulation Agreement PEDRO J MEKADO "8115JTANTZ'X'1NTY-Arrt , PROGRAM POLICY STATEMENTS Exhibit A Property Owner Noise Insulation Agreement A. Air Condlitioninci: General Restrictions. While providingnew ductless "mink lit r condominium as a part of the NoiseInsulation Pr r modifications, the following limitations and restri i ili apply to all condominiums' 1. All condensing unitsill be installed an the baI y 2. All refrigerant lipes (running from the balconyi unit) will be installed consistent i li rules, maintaining lmum height of 48 inches. 3. All condensate lines ill be installed on the buit i ri r consistent with Boardli rules to ensurethe highest level of consistency and buit i architectural th ti 4. All interior AC lines t, condensate, e/ectfical) Ventilator ill be housed in now vertical wall and comer pilasters which will be constructedto match the qualityexisting lI . The number and locations of the new vertical wall and comer pilasters will differ depending on your unique condominium r plan and number of bedrooms. The NIPexecutive r i t will reviewthis information it t your NIP Designi tiro . Only electrical service panelsthat are determinedProgram r to be deficient ili be replaced the Programf the NoiseInsulation Pr r modiflcations. WindowB. _ l l Replacement. Due to the presence , the NIPill provide customnew rr ill instead i tiro to this I existing t ill 1 , granite, ill not be replaced, This revisionill be an improvement, it i constriction improving time efficiencies. C. Custom Crown [ Restrictions The new mmm.. �... asbestost requirements will restrict the ill remove existing customtrim prior II constructionto 1 i ill not sufficient r general contractor t rr custommatched replacement ri , existing crownmoldings, ll trim, , the contractor ill, instead, cut the existingtrim the face of the new pilaster or thru wall ac-Infill. At new pilaster locations , if the thru wall ac in fill abuts the existing the contractor Will install " f u) painted wood trim to abut the existing trim, rather than attempting to matchexisting t trim profiles and materials, r the completion [ tr i , the propertyr will ibit A-Property r Noise I elation Agreement Page 19 o have the option to replace the installed trim with other custom trim to match the existing materials and profiles, 0. Door Threshold Heliqhts. Due to stdngent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical rime 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 during a hurricane. E. KWBTS Asbestos Testing As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, B and C during the 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 / �aiicon 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 window 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 fbr the installation of the ductless AC, - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, - constructon of closet soffit for installation of the ERV, F. Asbestos Abatement Requirements In the event 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 samcles show a Presence of ACM < 1% The NIP contractor Will-ber6�-ulred to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. Echibit A-Propeny Owner Noise lwuladon Agreement Page 20 of 28 re ence Of ACM �l rform be req red to f s ull asbes tos aba t eme nt p r ocedu r es a show 'ow a r wl11 P he N IP contraoto directed by the Snvironmental Protection%ency (EPA) to include: - Construction of ACM oontainment barriers in all areas (walls, ceilings, closets, windowslddors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff, - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement)workers, will be required to provide executive oversight of all ACM abatement pmcesses in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. - Given the cost to provide required asbestos abatement procedures, the FAA %011 require THC to develop a design and construction plan that min:irnizes the disturbance of ACM to ensure the minimization of constn;cti�n c�sts, duration, and liability to the contractor and KWBTS property owners. This plan mrill result inn property owner requirements and design restrictions which are outlined below. H. KWBTS BOARD Authorit lgn Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes 3. Acoustical Window and Door Operational Styles 4. Interior Ductless "Min!-Split" AC System Installation Requirements 5. Interior Ductless Wini-SpIIVAC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment ............. RchibitA-Property Owmr Noise huulation Agreement Page 21 of 28 LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Condominium Unit 109-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, and the Condominium Plans as recorded in Graphics Book#1, of the Public Records of Monroe County, Florida. --------------- &hibit B-Property Owner Noin Inmdadon Agreement Page 22 qf28 PROGRAM IMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This Exhibit C representsr nt package for an eligible home that includes r Improvements developedr r to reduce the interior environment of a propertyminimum f decibels. typical Program Improvementinclude: • Architectural Drawings • Replacement Aluminum Acoustical Windows • Replacement Aluminum Acoustical Swinging Primer • Replacement Aluminum Acoustical Sliding GlassPatio r hibif C- r r Noise Insulation a t Page 23 o DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program far the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreernent") between the County and Property Owner and to which this Exhibit D is attached, the undersigned, for and on behaIf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, rernises, discharges, indemnities and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of h agents, officers, employees, consultants and/or contractors conceming any and all claims, demands, damages, actions or causes of action of whatsoever in 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 it respective heirs, personal representatives, successor's and assigns in connection Wth an,y and all Pro-EAsting Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands and assumes full responsibility for the Deficiencies present in the Prop", whether Visible to the Program Manager or unseen. 3. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4 If visible, the Property Owner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor" or uSevere". 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that 'Severe". Deficiencies are uncovered during the construction period, the Property Owner agrees to complete ,6h7bW-D-iro'perty Owner No Imular I ion Agreement Page 24 of28 necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 7n The undersigned acknowledge and agree that all of the release and hold harmI ess and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Defic-i /or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Property Owner Noise InsuFat-lonAgreement. & The undersigned hereby agree that the terms and provisions of this Exhibit shaII be binding upon, and inure to the benefit of the undersigned and their respedve heirs, personal representatives, successors and assigns, WITNIEBSES: PROPERTY OWNER: RgRh,'Fq Lj� S Signature Printed Name .......... 7, Printed Name kk Signatum L'C Date nted Name .. .............. Wil-T-NESSES: PROPERTY OWNER: Signature lgnatu Printod Name Printed Name Signature Firinted-Nam .... ........ ....... ........................... .............. .... PROPERTY OWNER: SignaWre Signature „ ........... m Printed Name .................. Printed Name Signature DWB Printed Name ................ ...... ----........... &h1bil D-Property Owner Noise humladon Agreement Page 25 of 28 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1® In partiali t n of the compensationto be paidif of the County and the Program for the Program Improvements to be made to the Property describedI ( "Agreement') between the County and Property Owner and to whichthis _ E is attached, the undersigned, r and on behalf of the undersigned and the heirs, personal representatives, assigns f the undersigned, forever releases, remises, discharges, indemnifies covenants t to sue, institute cl in t, or institute any proceedingst, the r any of its agents, officers, employees, It r contractors concerningll claims, actions r causes of action whatsoever kind and naturen it injuries r death, damage to the property and the consequences thereof, f the foregoing inh may accruet the undersignedr their respective heirs, representatives, assignsin connectionn 11 Ventilation Deficienciesi l " against said County or any ofl nt , employees, consultants r contractors legally liable. 2. The Program Improvements include iti f acoustical windows and doors, removal and in filling f "through-walig portableit conditioner units and the additionf a replacement 1ess "mini-splito air conditioning system, these modifications ill result in a tighter i t ri r environment due to the elimination of all passive inside ! outside air leakage that was naturallyr in all openings, the Programill also include the additonf a energy recovery ventilation ( unit which ill provide an adequate exchangef inside / outside air to the condominium required it i Giventhe fightened interior ni n t of the treatedn ini , the Propertyr agrees to assume full responsibility for the proper operation of the new Program1ess AC system and energyit n ( unit to avoidthe potential r mold and moistureproblems, i llduring periods when condominium is closedn in i . 4. Due to FAA eligibilitylimitations, the Programill not be providing bathroomt fan treatments. in t r r showers areours f moisture ti interior envit n n ini , the PropertyOwner agreesto assume full responsibility ter ensuring that all bathrooms have an operable bathroom 1 f properly exhaustingr it to the exterior f the building. It should alsonoted that the original KWBTS condominiums constructed it ll wall vent that was designedto allowthe passivet of Exhibit E-Propeny Owner Noise Insulation Agreement Page 26 of 2 bathroom moisture in a central building exhaust shaft, During the Program design survey process it was discovered the KVVBTS buildings lack a solid central building exhaust shaft. Due to this existing condition, these original wall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/or gases into the condominium interior. The Property Owner agrees to assume full responsibility for the sealing of original wall vents in all bathrooms and for any and all negative impacts that may result if left untreated, & It is clearly a building code violation to duct laundry dryer exhaust to the KVVBTS cerrtnal exhaust shaft. In the event a Property Owner has incorrectly ducted their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to correct this deficiency by properly exhausting their laundry dryer exhaust in an alternative method that meets current building code, at their cost before the initiation of the Program construcUon process. Furthermore, the Property Owner agrees to assume any and all liabilk related to the improper ducting of their laundry dryer exhaust. 6. The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property Owner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Property Owner agrees to assurne full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements, 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection it or, as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limftd to, high humidity, mold, mildew,-and/or'lack of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the under-signed and their respective heirs, personal representatives, successors and assigns. WITNESSES. PROPERTY OWNER: SIgnature Printed Name Printed Name Sign Pdr4ad Neme ................................ ---------------- . ......... Exhibit E-Property Owner Noise Insuladon Agreement Page 27 of28 " � t — y WITNESSES: PROPERTY OWNER: ......�. Pinnted Name r Printed Name Slgnailie 4 p °S :�^� ;n e�,.,� 6sm`eeeeeeee°°° pd.tr . Name IT PROPERTY E....... Signature a. Signatu Print blame Prin d-------- Nerne nnn Signature Date Pr1 Name bit E-Property Owner Noise Inniation Agreement Page 28 of 2