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09/18/2019 Agreement/Easement-C113 �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 EElllgiiired v and Ridurn Heather P. Fauber# 1122010:55 M ftP I of 4 NIP Assistant Project Manager TH , Inc. Dad Doe Sump$000 710 Daculad., Suits 4A#315 Filed Dacula, GA 3019 AVICATI®N EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is enteredinto thisv "t r,," i r f t S. "� ireferred COUNTY BOARD OF COUNTY COMMISSIONERS, politic n corporate, i r referred t ." • The Property Owner is the fee simpletitleholder t in real property ("the located in MonroeFlorida, re particularly described as follows: Condominium nit No. 11 , CORAL BAY GARDENS OF KEY WEST BY THE SE& a condominium, together it an undivided interest in the common elements, accordingto the Declaration at Condominiumthereof, recorded in Official Records ,as amended from time to time, of the Public Records of MonroeCounty, Florida. also identified t t address: ' ., Unit " B. The BOCC is the owner and operator of Key West Intennational Airport("the Airport') desiresto make propertiesthat, through interior l a testing, in incompatible as a result of their exposure to aircraftnoise compatible for residential purposes through the implementation of a Noisen Sri ti r ("NIP"). UnderC. the i , the Airportill design and install or pay for the t li ti f improvements ifi ti the Propertyr necessary interior noise levels tleast 5 d13 and to bringthe averageinterior noise it below dB in it Federal Aviation Administrationll r n ' n Avigation Easement ("Easement') is a BOCC conditionf participation in the l t ill supersede any implied ri tip that the BOCC may have obtained under applicablelaws, D. The funding for said i ill include funding from the Unitedt nt pursuant to the Airportn i Improvement Act of 1982, andill include fire l from the BOCC, acting in its capacity as the owner and operatorf the Airport, PropertyE. The r desires to participatethe NIPentered into Property ,.:�.... .®.-.,..... .w:.,,,. ....... ,.mom .m..w. .,,,...__. t Int onl o NIP— vi on Ee ®nt( nH 113} P—agelof4 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 on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration 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 FAA") an December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Aitport Improvement Program Handbook H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigatin easement, on terms as hereinafter set forth. NOW THEREFORE, for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacy of which is hereby 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 on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a 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 Murs, in whatever fbm-i or tW, during operation at on, to or from the Airport, and it in the intent of the parties that all.such Airport activity shall be deemed to be included within the purview of this Easement. Z This Easement shall be perpetual in nature and shall in and run with the title to the property and shall run to the benefit of the BOCC arits successor in interest as owner and operator of the Airport. 1 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, from any and all claims, demands, damages, debts, liabilities, costs, aftorne)(s fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed or will in the future possess, as a result of Airport operations or aircraft activi ,ties and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport, ............ ................— ............ —- ------- Key West Intemational Alrport NIP—Avoution Eamnant(Unit OCI 13) Page 2 of 4 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successor's 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 Easement 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 person on the property. 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. provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 7, 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. ThisAgreement 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 same shall be deemed severable from the remainder of this Agreement and shall inn way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter 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 law. 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 orink f 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, .............. rpoil NIP—AvIgadon Easemerd(Unk#C1 13) Page 3 of 4 This Easement Agreement is executedthe date first above wriften. _.... F ...... PROPERTY NE : PROPERTY OWNER: i 3 .., �,,,,,,,,,,,,,,,,,,,,,,,,,,,, �k ftnatiatnatu P r Nees nte N• s I STATE OF rG COUNTY OF. � = The foregoing Instrument was acknowledged befbre me this �... day of 2Q ,.,.,.,.,.,a W, 7 cA Pmpeny Omw Name(e) 11 ota v ubA Signature OPT m 1 -Y MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES:signature d' { " Pd rated Name - � e Pr3rrted�1�rr�. Signature Printed Name STATEF FLORIDA COUNTY OF MONROE The foregoing Instrument Was acknowledged before a this .. 420 b ,,, Mayoras of the Monroe County Board of County Commissioners, a body politic and corporate. - My Commission $0N F COUP ATMRNEV m a.. Key West lnInternationalAirport NIP—Avigatitlon Easement(UrtR DA -,3tI , U N f ,14 aR Address: 'Kev West b'� the Sea— Unit No.: 6113 Natne(s): Owens PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEsT INTERNATIONAL AIRPORT,MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreemenf) 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 "Countyu), and the undersigned (the "Property Ownern). 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 Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Propertle); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking 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 to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor) to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the uPrograrn 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; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Property Owner Noise Insulation Agreement Page 1 off sufficiencyf which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. 'Grant of Easement. Simultaneously 't t ti t i Agreement, the Property Owner executed and deliveredthe County an avigation easement the "Easement7) which Easement has been recorded in the public f Monroe County, Florida. t remains in full 4brce and effect and i hereby ratified in all . _Policy _ i t with t r Federal Aviation inistration AirportImprovement Program policies Managerthe Program has developedf Program Policyoutlining construction liilli restrictions. r understands that prescribed Program Improvements will be consistentit the Program Policy Statements i the Property Owner by the Programr. A copy of the Program Policy is attached hereto as 9xhibit ® Payment of RrogMM_ImamveM_qn 1g. The County agreesto pay fbr the Program Improvements described in Exhibit_ t . The Program Improvements ill be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4. I-_ i g Com efitivei r shall not impede or interfere it tability to selectrproduct manufacturerstrr in the preparation of bid submittals, To insure competitive i it t, the Property Owner is prohibitedfrom having discussion r communication withr in relation , the contraclaft i , or this Agreement until after award of the constructiont the Failure f the Property Owner to complyit is provision shall9 at the option f the County in its solei ti , result in disqualificationfrom the Program and cancellation of this t. 5. Construction t t® The County will award the contractr the Program Improvements consistent with Federal and County competitivebidding li i contractand procedures. The ili require the Contractor to completethe Program Improvements withintime r. Post-Construction Respi iliti . The Property Owner,shall meet all responsibilities and requirements i i to both pro-construction a. Prior to the start of NIP construction, the Property Owner shall meet all Pre-Construction requirementsto include: Removingll valuables (such as jewelry, coins, guns, antiques, . from their condominium; ) Moving of allrit i i into t "Designated Storage " within the condominium, providingthe required "clear area" (white OwnerProperty i f t tiAgreement 2 space in sketch) for the Contractor. When doing so, the Property Owner will have the ability utilize the col "floor to ceiling" space. ( ) Removing of all excessive furniture and belongings from the condominium that will not fit in the wDesignated Storage Space "; ( ) Removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and storing them in the ffiDesignated Storage Space Area'; (5) Removing all electronic anddust-sensitive items from their condominium or wrapping with protective poly before storing them in the Tesignated Storage Space Area"; ( ) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storing them In t "Designated Sto "; (7) Moving all small items and belongings into either the closets or bathrooms s outlined in the Tesignated Storage Space Sketch" . After completion of the NIP construction, the Property Owner shall met all Post-Construction requirements to include: (1) Moving of all furniture and belongings stored in the Tesignated Storage Space " back to their original positions in thecondominium: thecondominium; (2) Moving of any excessive fumiture and belongings back into (3) ins Ration of all wall treatments, door treatments and wall hangings c to their original positions in the condominium. c. In the event the Property Owner falls to performany and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages andall direct and indirect s lathereto. . In the event the Property Owner fails to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs relatedthereto. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property duringthe construction of the Program Improvements from impeding ntru ion or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or OwnerPropeny Noise Imulation Agmement Pap 3 of 28 alters the constructionschedule, the Property Owner shall be liable the Contractor and the County for any damages and all direct and indirect It . --Safe WorldUg,_n _nvironment. The Property Owner shall be responsible r providing a safe workingi for the Programr, Contractor, subcontractors, Il City, County, State and federal ` a. Throughout all phases of designof the Improvements, t r shall be responsibler: Providing Ienvironment that i from potential health risks, biohazard conditions, hazardous chemicals, obstacles, weapons of any i C explosives; Refraining from verbal abuse or profenity; Refraining i physical ; and Insuring that all pets are completely secured and contained. the eventthe Owner falls the foregoing conditions, the Program process may, t the County's discretion, be temporarily suspended t any time. In such event, the Program Manager shall notify the Property Owner in r tlng, stating the corrective1 Ccondition(s) required to be completed r performed by the Property Owner prior to the County resuming process.Program . In the eventt t resumed due to the OwnersProperty it to completeI i ' required the Program Manager, the Property Owner shall be liable and/or Contractor for any and all damages and all direct and indirect I thereto, d. If the Program process is resumed, the Property Owner shall be liable the County and/or Contractor f r any and allall direct and indirect costsI t the temporary suspension of the Program process. 9. _Construction Dela, . During the constructions the Contractor may experience complications l tI to the installation of the Program Improvements. The construction contractshall provide that delays relatedto these unforeseen complications r l of the Contractor and shall so t the time for completion may reasonablyConstruction I may also be revisedthere is a delayin awardingthe contractr if the Program Improvements to be re-bid in the event of lack of biddingt r failure f the lowest responsive, responsible bidder to executer I t proofand performance bond or show i insurance. ® Chanoes to Scope of Work. The Program Manager reserves the right to make changest the plansspecifications the ProgramImprovements, at its . �s�_a OwnerPropeny Noise Inmiation Agmement PW 4 of28 sole discretion, t any time during the Programprocess, i t reduce the scope or qualityf the Program Improvementsi in Exhibit C and necessitatedsuch changes are iscovery of hidden conditionst readily detectable l inspection procedures. . A_ completion f t , t shall inspect or cause the inspection f the Program Improvements to determineif they were completedpursuant to the terms oft contract. The Program Manager retains solediscretion r conformanceissues as they relateContractor, suppliers acoustic I r is requested Substantial Completion Inspectioni input to the Constructionr with respect to the identified -list items. I Il Owner is [ t attend the Finalt i . In the eventt r elects to not attend the Substantial Completion andFinal Inspections, they releaseit ability t providethe Constructionr with respect to the acceptance of the Program Improvements. In the event there is a disagreementthe Property Owner and the Program Manager as to a conformancer performance issue, the OwnerProperty shall be requiredIt the discrepancywriting to Monroe County (representativet within f the inspection i ing rise to the discrepancy. Monroe County shall then make a determination to the acceptabilityf t issue remedial action that may need to be taken, Monroe County shall be the final r of any oonformance/perlormance/issues. Failurethe Property Owner to submitthe written lit within the timeperiod specified shall thereafter foreclose the OwnersProperty right to file I i . a Termination of Agreement, The Property Owner understands that the signingf this Agreement initiates l f the Program Improvements to be performed in accordance with . Therefore, if the Property Owner attempts to terminatethis t or otherwise impedes the progress oft f the Program Improvements aftert of the t contract, the r r will be liable to the County far any and all damages and all direct and indirect costs caused thereby. 13. Warranties. The County does t represent or warrantt level of noisei that the Property Owner,will experience withinIt of the Improvements performed as part of the Program. . The County agrees that its contracti t r will include standard one (1) r warranties from the Contractor for all materials and workmanship. one-yearSuch warranty period shall commence as of the time the acceptancef the providedwork as r in Paragraph 9. b. t the end of construction, the Programr will provide the OwnerProperty with a Warranty & Final Closeout Package whichill contain copies the warranty policies, instructions, design [ [ documents. As condition f receiving the Warrantyi l Closeout Package, the Property Owner Property Owner Woke Insulation Agreement � 5 of 2 must first submit a completedNIP 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 flor pursuing all future product warranty issues directly with each product manufacturer. c. In the event of a claim, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty iu ( ): (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'sinquiry arises during the one- year warranty period from the Contractor or thereafter, ( ) The Property Owner believes that warranty service i 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 requiredwith sped to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting Its business; and ( ) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 1 . -Existing Deficiencies. The Property Owner will be requiredto sin Exhibft D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all presentPre-Existing Deficiencies t the Property, whether seen or unseen. 15: Pre-Work Reguirements. The Property Owner will be required to complete any and all Pre-Work, as requiredy the NIP to successfully accommodate the NI acoustic modifications. The roes Owner will re ui to mile all designated Pre-Work items utili ines as established 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. City of Key West"Hard-Wired" Smoke Alarm Requirement., In compliance with the i of City y West Fire Marshall and the City of Key West Building Department construction permit issuance qui men , the Property Owner will be required to install 10-volt "hard-wired" smoke alarms in their condominium in Pmpeny _MMM a: ner None! IadonAgmement Pw 6 o accordance with all applicable codes and regulationsideadline as established the NIP. Ther will be responsiblethat the alarmssmoke domimurn where NIP —:6 F i _ ion work will occur, to avoidpotentlaijimpedance to the NIPconstruction . In the event the Property Owner fails to inst ll the designated - l alarmssmoke lished NIP deadline, the Property Owner shall be removed from NIP [ i ti . Suspension17. r temporarily the designr construction the discoveryDeficiencies their potential impact on the Program Improvements and productwarranties. ill not resume until the Property Owner has corrected all related l to the satisfaction oft r, In the event repairs t completed in a timelyr, the Property Owner will be liable to the Countyfor any and all damages and all direct and indirect costs due to delayt f the work. 18. Limitation on Alterations t _ ther t ;. The Propertyr agrees t to make alterations, to permit any tenant occupying any portion of the Property to make alterationsi t r walls from the time of the Designuntil the constructionf the ProgramImprovements completed. to this le must be pro-approved in writingthe Program r, Failure to adhere to thisrequirement may, at the option of the Program Manager in its i t' It in immediate i f construction t i the Property. The Property Owner will be liable to the County r all direct and indirect costs associateditalterations and damages related thereto. . Pro and Post-Construction Noise Testinqpost- construction i Process. t testing i important t i +I gned to measure and determine the actual achieved °r I reduction level at treated properties. ! [ t the Program Managerfr r - & post-construction noise testing, the Propertyr agrees to provideto their property for testing agrees to not to make alterationsto the interior of their property (with the exception repairs of Deficiencies) from the time ore-construction noise t to the t- n tr i .., i ., . In an effort to insure consistenti t collection, the Property Owner also agrees to preserve the interior layout of furniture, r coverings and windowtreatments from the time of the Dry tr coon noise, test to the - r i n noise lest, The Property Owner understands that the failureto adhere this i nt may result in corruptionnoise testing data. Therefore, the Property Owner understands they may be liable to the Countydirect and indirect noise t[ in the event these requirementsr not met. 20. C000eration. As reasonablyrequested, the Property Owner shall cooperateit the Contractor, the Programn in the performance of all phases of the Program Improvements including, t notlimited t , the removal and reinstallation of rugs, wall hangings and furniture necessary. Propertyn Noise.1nmiation Agreement = Page 7 of 2 21 Utilities. The Property Owner shall permit the Contractor to use, at no t to the Contractor or the County, existingutilities light, t, power and water necessary to carryout the r Improvements. 22. Desian and Bidt scheduled times and/or upon t less tnotice ( , the OwnerProperty agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collectl i final design and bidvisits [ include, t not be limited t , propertyt ri l inspection, pre-noise testingr i i - In t the Property Owner fails t provide access to the Property for all required NIPl i visits, the OwnerProperty shall be removed from NIP participation. Pre-ConstructionPre-Construction Access. The Propertyr agrees to provide access to the Property i prior to the scheduledl construction. i it will provide the Program Manager with the ability that the Property Owner has met all furniture t responsibilities. itcould result in i the scheduled [ t i the Property Owner shall be liable the County and/or Contractorfr any and all resulting damages and all direct and indirect t l thereto. 24. Pre and t Construction Access. At scheduled times and/or upon not i twenty-four (24) hours advance notice (via NIP email andlorletter) and r the establishedI r ion schedule assignment, t r agrees to provideto the Programr, Contractor, subcontractors, suppliers, City, federalCounty, State and inspectors I the Property to provide all required [P Pre-Construction and Post-Constructionvisits. visits could include, t not be limited to final measurement, pre-construction pre-construction Inspections, i Designatedt requirements, post construction inspections post- construction i i . In the event the Property Owner falls r l all required Construction il , the Property Owner shall be removed from NIP participationthe Property Owner shall be liable t and/or Contractor for any and all resulting damages and all direct and indirect [ t thereto, 25. gonstruction Period Aqqtss. Upon award of NIP construction contract, the Contractor will provide the Program Manager with their final construction schedule, which will include the required number of calendar days to completethe NIP construction in each oft ti ting condominiums. Based on this schedule, the Programr will assign each Property Owner with a designatedr of calendar days in whichconstruction ill occur in their condominium. :Owner agrees to relocatetheir condominium for the entirel time . I addition, t r agrees not re-enter their r any reason during their assigned constructionperiod r ti I to negatively Jrnpact the Contractor. In the event the Propertyr fails to provider their :assignedt tl period, the Propertyr shall be removed from NIP Propeny Owner Noise hisulation Agreement participation the Property Owner shall be liable to t r Contractorfr any and 11 resulting damages and all direct and indirect I thereto, 26. Construction i to Hurricanes. Sincethe NIP construction period will extend into the Key West humcaneis potential for construction 1 r stoppages, beyond the control of the Contractor, in the event f a threat of an approachinghurricane i hurricane event. Due to this possibility, the Property Owner understands that delays may occur in additionto their originally asI tr i time period, without any fault or cost to the Contractor Programand r. Furthermore, the Property Owner agrees to relocatetheir condominium r all additional calendar days resultingconstruction stoppagesr ' threat or event at no costt the County, Contractor r Program r. In the event the Property Owner fails to providethe required additional access to their condominium due to hurricane-relatedstoppages, the OwnerProperty shall be removed from NIPparticipation and the Property Owner shall be liable to t r Contractor for any and allresulting all direct and indirect ts related thereto. 27. Discovery, f Pre-Existing Deficiencies During Construction, In the event the t r discovers pre-existingdeficiencies at the ri the NIP construction t negatively impact the installation f the.NIPimprovements, the Property Owner agrees to immediately it and remediatedeficiencies in an effort to reduce any negative impact on the scheduledconstruction ri Owner understands that, depending on the timing pre-existing irepair, the NIPperiod t no fault of the Program Manager or Contractor. ImiDact of Unforeseen KWBTSBuilding Conditions on,Construction Schedule'. The Propertyr understands that unforeseen buildingconditions that duringmay arise the NIPconstruction 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 possibility that the originally-scheduled construction I tion date may be delayed a few additional days due to unforeseen buildingconditions that may arisecomplicate the NIP construction. i tf .__ r _ t s _ and Blinds...,., OwnerProperty understands that, after the installation of new NIPiwindow and doors, the existing i r door treatments, shades and blindst be compatible nor able to be re-Installed due to sizei the new and existing windows 30. i ,ti _ i i . During the installation the new acoustic i , the NIP will be providingreplacement interior trim sills. The Property Owner understands that the NIPreplacement trim ill not match customr specialized crown moldingr for custom window and door trim. I of the i r will have the abilityto make modificationsto the NIPinterior trim t their own expense. Property r Motu Insulation Agreement Pap 9 of 28 1. Communication Requirements. The Property Owner agrees to read and review all NIP smalls and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. . Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an mAbstract of Title" to ensure that the Property tide is free from liens and/or title defects. 3 . Coops ion in Clearing Title. 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 affectingthe Property which are disclosed y the " Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Ownersconveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the °Title efts "). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Tide 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 requiredby the Federal Aviation Administration, the Property Owner agrees to the fbilowing provisions: . 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 may reasonably be requested y 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 bears any responsibility for maintenance and operation of these items. . Reduction of Fresh Air Infiltration. The Property Owner will be required to sin Exhibit E (Ventilation Hold HarmlessAgreement) which imputes all responsibility to the Property Owner fbr the proper maintenance of interior moisture and humidity levels. . Salvage of Materials & Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment or surrounding surfacesa 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 MM , .... Propeny Owner Noise Insulation Agreement Page 10 o f such a written agreement, all items shall become the property of the Contractor. Materials anequipment not listed r salvage by the Property Owner shall become the property of the Contractor. Insurance, During Program construction , the Contractor ill provide builder'sinsurance ter the Property. The Property Owner shall have the option, at the Property Ownees sole cost and expense, to maintain homeowner'sinsurance for the duration of the constructionthe Program Improvements, The Property Owner understands that, following final completion, the Contractor'sit insurance will cease, and it is advisablefor the Property Owner to obtaininsurance to cover any valueto the Property by the Program. 38. Timing __ n r understands t is a chance that construction itself may exceed the Contractor's original projected constructionr also understandst the construction involve substanti 1.inconvenience I generate i i t quantities oft and debris rendering portionsf the Property uninhabitabler extended periods f time. MaterialX Labor and Release. The Property Owner releases forever discharges any and all claims, sub and actionsagainst the Program Manager; the County and Its iagents, consultants; and contractors suppliers with respect to issues 1 ' to the conformance of labor, materials designsacoustic tili in the Program Improvements. Nothingin thisshall limit the warrantiesr materials and workmanshipi in the contract with general contractor. 40. Sale of Prep Lhf. In the event the Propertyr sells, conveys or otherwise transfers title to the Property beforecompletion f all phases of the process,Program the Property Owner hereby agrees to provider with of this t prior to the closingon the sale, conveyance or other transfer, and t transfer all of t responsibilities li r this Agreement to the buyer as a conditionf the purchase, r other transfer of the Property. 41. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or conditionf shall be construed , or constitute, a waiver of, acquiescence in, or consent to any other, f r succeeding breach of the some or any other term, t or condition hereof, Release42. _f Easement. In the event that this t i cancelled ort _determines that t t should be releasedfrecord, Owner,the Property upon writtent by the County, shall pay to the County the sum of One Hundred Dollars to cover the costs of the preparation and recordingf the Release of Easement document in the publicf Monroe Florida. Property Ownr understands that it is the Property Owner's responsibility to insure such payment is made in order t "clearO the title the Property. OwnerPropeny Noise 1wulation Agreement Page 11 of 28 41 Authoritv to if Of Goupty. By Resolution . 111- 2004, duly motionedat a lawfully li meeting, the Board of County Commissioners r p did, an the 1r day of March 2004, grant full authority for the i tr to execute twls_�greement an behalf oft County without further action by the Board of County Commissioners. 44. Attachments, Attachments to this Agreementinclude following, which are incorporated into this f by reference. Exhibita. Policy . Exhibitb. I Description c. Exhibit Improvements. d. Exhibit Deficiency Id Harmless Agreement a. € if Ventilation id Harmless Agreement 45. General Conditions. a. Governing Law, Venue, Interpretation. 1) This Agreement shall be governedf i accordance with the f the State of Florida applicableto be performed entirely in the State. ( In the t that any cause of action or administrative proceedingis instituted for the of r interpretation f this 4 the PropertyCounty and r that venue will lie in the appropriater before the riate administrative body in i . Owner(3) The County and Property agree that, in the f conflictinginterpretations f the terms or a term of this of by or between any of them, the issue shall be submittedmediation r to the institution of any other administrative r legal proceeding. Owner(4) The County and Property agree that in the t any cause f action or administrative proceedingis initiated r defended by any party relative to the i t or interpretation of this Agreement, the r iliashall be entitled I , investigative, f- f expenses, as an award against the non-prevailing party. Mediationproceedings initiated nt to this ll be in accordance with FloridaI Civil Procedure and usual and customary procedures requiredthe circuit r b. i i__ o Effect. The terrns, covenants, conditions, and provisionsf this Agreement shall bind and inure to the benefit of the r and their respective legal representatives, , and assigns. Propeny Owner Noise Insulation Agma t Page 12 o 2 c. Severabilitv. If any term, covenant, condition or provision of this Agreement r the appli6ito—nithereofrshall be declared invalid r unenforceable to any extent by a court of competentjurisdiction, tremaining terms, covenants, conditions and provisionsf this Agreement shall not be affected thereby; and each remainingterm, covenant, condition and provisionf this Agreement shall be validi be enforceablethe fullest t permitted by law unless enforcement i ire terms, itions and provisions of this Agreementt the accomplishmentf the original intent of this t. d. AUltodly, Each party represents and warrants to the other that the execution, lip this i ll Ownernecessary County and Property action, as may be requiredlaw. Durationa. f Agreement. This Agreement shall commence upon the execution this t, subsequent to executionthe Property Owner and by the County and shall remain in effect for a periodIrequired to effect the Program Improvements (t " , except as may be sooner terminated i accordance with the provisionsf this Agreement. f. Acceptance m, of G i a Grants, Assistance Funds, gr The OwnerCounty and Property agree that each shall , and i , empowered to accept for the benefit of any or all ofthem, gifts, i funds, r bequests to be used for the this t. g. Claims, r Federal or State Aid. The County and Property Owner agree that each shall be, and is, I r, seek, and obtainfederal and state funds to further the purposethis Agreement; provided that all applications, requests, grant proposals, funding li i r shall be approvedthe County priort i i . �udlcation of Disputesl g OwnerProperty agree that all dispufes 'disagreementsit be attempted resolved by t and confer sessions between representativesthe parties. If the issue or issues are still not resolved to the satisfactionf the parties, then any shallparty have the right to seek such reliefthis Agreement or by Floridalaw. I. Nondiscrimination. The County and Property Owner agree that there ill be no discriminationagainst any person, and it is expresslyt t upon a determination t t jurisdictiontdiscrimination has this Agreement automaticallyterminates wi t any further action on the part party,of any effective the date of the court order. The County and Property Owner agree to complyit li Federal and Floridat tut , and all local ordinances, as applicable, relating to nondiscrimination. include t are not limited to, (1Title VI f the Civil Rights Act of 1964 ( .L. 88-352) which prohibitsi i ti the basisfrace, color ornationalorigin; (2) Section 504 oft ili i t of1 , as amended ( , which prohibitsi i ti the basisf handicap, (3) The Age Discrimination Act of 1® , which Property r Noise Imuladon Agmement Pap 13 o 2 prohibits i rl i ti the basisr t t Act f 1972 . . ), as amended, relating i ri i tl the basis drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitationf 197 ), as amended, relating nondiscrimination the basisf alcohol abuse or alcoholism', Public It Servicef 1912, so. 523 and 527, 6 ), as amended, relating to confi ti li i l and drug abuse patient P (7) The Americans With Disabilitiesf . & 1201 Note), as may be amended from time to time, relating to nondiscdm!nation the basisi ili i ) The Floridai1 Rights Act of , (Chapter 760, Florida Statutes, and Section 509.092, Florida ), as may be amended from time to time, relating to nondiscrimination; (9) The Monroe RightsCounty Human (Chapter 1314, Article Vill Sections 13-101 through ), as may be amended from timetime, relating to nondiscrimination; and (1 ) otherany I i ti provisions in any federal or state statutesr local ordinancesich may apply to the parties , ortsubject matter of, this t. . Cooperation. In the event any administrativer legal proceeding i instituted i t either party relatingto the formation, execution, performance, or breach oftl Agreement, the r agree to participate, t extent required by the other party, in all proceedings, hearings, meetings, and other activities relatedto the substancef this t or provision of the services under this Agreement, The County and Propertyspecifically r that no party to this t shall be requiredto enter into itrproceedings related to thist or any Attachment or Addendum to this t. k. .Records,ind Documents. The County and Property Owner shall maintain books, records, and documentsdirectly i t to performance under this t in ith generally accepted accountingrig i t consistently ll to this r their authorized representatives shall 1 timely to such records of each other party to this Agreement for audit purposes duringthe f the Agreement and for four years following the terminationi t. 1. Covenant of No Interest. r covenant that neither presently has any interest, ll not acquire any interest, which1d conflict in any manner or degree withits performancer this Agreement, and that only interest is to perform andirecited in thist,s m. Code of Ethics. t the officers and employeesf the County recognize ill be requiredto complyit f conduct relating to publicI ll in Section , Floridat , regarding, t not limited l ti r acceptance of gifts; doing businessit unauthorized compensation; i li position, conflicting 1 t or contractual relationship; and disclosurer use of certain information. ........................ - .._ Properly OWr Noise I ladonAgreement 14 of 28 . No SSolicitation/Pay m ,.....t The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide 1 i solely r it, to solicitt secure this t and t it has not paid or agreed g t icorporation, individual, r firm, working solely for it, any fee, commission, percentage, i r other considerationcontingent upon or resulting from the award or makingf this t. For the breach or violation of this i i i the Property Ownerthat the ll have the right to terminate i t without liability its discretion, to offset from moniesotherwise i the full amount of such fee, commission, percentage, gift, or consideration. a _.liAccess., The County and Property Owner shall allow permit reasonable access t , and inspection f, all documents, papers, letters, or other materials to the provisionsf Chapter11 i Fiorlda Statutes, and made or receivedthe County and Property Owner in ti i1 with this t and the shallCounty the right to unilaterallyl this Agreement upon violationf this provision by the Property Owner. Public Records Compliance, r t complyit Florida li laws, including but not limited to Chapter 119, Florida Statutes n i f article I of the Constitutionf Florida. OwnerProperty shall allowit reasonable access to, and inspection f, all documents, records, papers, letters or other $ i t Ci l in its possession orr its control subject to the provisionsr 119, Florida Statutes, receivedor the County and Property Owner in n i it this t and relatedto contract performance. The County shall'havethe rightt it ll l this i i ti i f this i i the Property Owner. Failure of the OwnerProperty to abidethe terms of this provision ll be deemed a material breach of this contractf the terms of this provisioni form of a court proceedingn ll, as a prevailingi be entitledreimbursement f all attorney's fees and costs associatedit that proceeding, This provisionshall survivei ti expiration f the contract. OwnerThe Property is encouraged to consult with its advisorst Florida Public in order to complyit r prevision. Pursuantt ° 119.0701 and the terms and conditionsthis contract, r is requiredt (1maintain public that wouldl the County to perform the service. receipt from t s custodian f records, provide County with a copy of the requestedr allow the records to be inspected or copiedit in a reasonable time t a cost that does not exceed the cost provided in this chapter or as otherwiseprovided l ( t public records that are exempt or confidential and exempt from publicit i t not disclosed except as Pmpeny Owner Noise Innfadon Agreement Page IS of 28 authorized y law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. ( ) Upon completion of the contract, tmnsfer, at no cost, to the County all public rds in possession a Owner or keep and maintain public co that would be requiredy the County to perform the service. If the Property Owner transfers all public records to the County upon complebon of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All storedrecords electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatiblewith the information 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 requesteda County shall immediately notify the Property Owner of the quest, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonabletime. If the Property Owner has questions regarding the application of Chapter 119, Florida Statutes, to the Property Owner's duty to provide public records relating to this contract, contact the Custodian of Public Records, Brian Bradley at ( 5) 292-3470. p. Non-Waiver of Immunily. Notwithstanding the provisions of Sec. 76 . , Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance v , or local government liability insurance pool coverage shall not be deemed a waiver of immunity y the County to the extent of liability cove , nor shall any contract entered into by the County be required to contain any provision for waiver. . Privil_ n Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' p n tion, and other benefits which apply to the activityof officers, n , volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r. Legial Obligations and eonsibiliti on-Delegation of Constitutional or S tutory Duties. This m nt i not in nd to, nor shall it be construed as, relievingany participating entity from any obligation or responsibility imposed upon the entity y law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, Noise Inniadon Agreement Pw .. 16 of 28 state statutes, case law, and, specifically, the provisions of Chapters , Florida Statutes. Non-Reliancea. r l it! t rely t terms, _of them, f this Agreement to r attemptt enforce any t i claim r entitlement to or benefit of any servicer program contemplated r, and the County and Property Owner agree that neither the County r Property Owner or any agent, officer, or employee of each shall have the authority to inform, n 1, or otherwise indicate that any particulari i t I or group of individuals, ti r entities, entitlements i r this t apart,separate and interior to, r superior to the communityin general orfr the purposes contemplated in this t. t. Aftestations. The Propertyr agrees to execute such documentsthe County may reasonablyi in the performance of the li ti and duties the County or Property Owner underthis t. Personal Liabliltv. 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 her individual capacity, r, officer, agent or employee of Monroe County shall be liable Il this t or be subject to any personal liability r accountability by reason of the execution of this Agreement. . Execution in Counterparts. i t may be executedi 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 heretothis Agreement by signing w. Section Section i inserted in this Agreement as a matter of convenience of referenos only, and it is agreed that such sectioni t a part of this t and will not be used in the interpretation of any provisionf this r t. OwnerProperty Norse Imulation Agreement 17 o IN WITNESSHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above ri n. WITNESSES: PROPERTY OWNER: SigneWre PrI '`���"� g s, a A SignawR6 � Date ... fm , WITNESSES: PROPERTY OWNER: a° 1 � � ` tgnatu " C , ilrfmd am Printede , � 4 in.ra Date 1 14 I . ' BOARD OF COUNTY COMMISSIONERS. 9 MAYOR 1 CHAIRMAN: I K�VINV CLERK SLYVI ell s-s Deputy ClerkT Signaffire Date QED , Property Owner Noise hmiadon Agreement ar, �� Pagel 8. �r �� r > r PROGRAM POLICY STATEMENTS Exhibit A To Propenly Owner Noise Insulation Agreement A. it Conditionlipg., General Restrictions. While providing a new ductless "mini- splir AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums: 1. All condensing units will be installed on the balcony 2. All refrigerant lines (running. from the balcony condensing unit) will be installed consistent with KWSTS Board policy rules, maintaining a maximum height of 48 inches. 3. All condensate-lines will be installed on the building exterior consistent with KWBTS Board policy rules to ensure the highest level of consistency and building architectural aesthetics. 4. All interior AC lines (reftigerant, condensate, electirical) and Energy Recovery Ventilator (ERV) ducts will be housed in new vertical wall and comer pilasters which will be constructed to match the quality of existing walls. The number and locations of the new vertical wall and comer pilasters will differ depending on your unique condominium floor plan and number of bedrooms. The NIP executive architect will review this information with you at your NIP Design Review Meeting. & Only electdcal service panels that are determined by the Program Manager to be deficient will be replaced by the Program as a part of the Noise Insulation Program modifications. B. Window Sill Replacement. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granift wood) will not be replaced, This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. C. Custom Crown-Molding and Baseboards Restrictions The new asbestos abatement requirements will restrict the ability to remove existing custom trim and baseboard prior to construction (as originally assumed), which will not allow sufficient time for the awarded general contractor to secure custom matched replacement trim. Therefore, existing crown moldings, wall trim, and base, the contractor will, instead, cut the existing wood trim flush to the face of the now pilaster or thru wall ac-ill.. At new pilaster locations and, if the thru wall so infill abuts the existing baseboards, the contractor will install a standard (34n x 5-112") painted wood trim to abut the existing mm, rather than attempting to match the existing custom trim profiles and materials. After the completion of the NIP construction, the property owner will ............... Exhibit A r r Noise Insulation Agreement Page 19 of28 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. r Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging o and sliding lass 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 condominiumfrom water infiltration during a hurricane. E. KWI3T8 Asbestos tic 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. ThIsAasting 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 " l ay" 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 window installation, - door removal and acoustic door installation, removal of portable "through-wall"AC units and the lnfilling of openings, ceiling cuts required r installation of the duct! , - wall cuts required r the installation of the ductless A , - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, construction of closet soffit for installation of the ERV. F. Asbestos Abateme Mt Requirements In the event any samples show a presence of asbestos nt ining material (ACM), the awardedNIP contractor will be requiredto perform the following abatement requirements during construction: Lf samples show a presenceof _ 51 The NIP contractor will be required to comply with OSHA worker safety requirementsto include worker respirators, poly curtains in all areas wherethe surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. ..._................ ihit A-Property Owner Noise inmiation Agreement Page 20 of 28 If samples show a_pres presence. of AC 1i°Y The Icontractor @ nt ctor will be required to perform full asbestos abatement procedures a directedy the Environmental Protection Agency (EPA) to include: - Construction of ACM containment barriers in all a (walls, ceilings, closets, window doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting m demolitionprocess) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by cerfified asbestos abatement staff to allow access to containment areas by traditional (non-abatement)workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. Given the cost to provide required asbestos abatement procedures, the FAA will require THC to develop a design and construction plan that minimizes the disturbance of ACM to ensure the minimization of construction costs, duration, and liability the contractor and KWBTS property owners. This plan will result in new property owner requirements and design restrictions which are outlined below. H. KWBTS BOARD AuthqrUpf Designcl ion . The KWBTS Boardwill have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material . Acoustical Window and Door Color and Hardware Finishes . Acoustical Window and Door Operational Styles . Interior Ductless "Mini-Split" System Installation Requirements . Interior Ductless "Mini-Spilt AC System Interior Soffit Design and Placement . In-Filled Kitchen Prime Door Policy Treatment hibitA-Property Owner Noise InsuladonAMement Page 21 LEGAL DESCRIPTION OF PROPERTY Exhibit To InsulationHomeowner Noise Condominium nit No. 11 3-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, condominium, together with an undividedinterest in the common elements, according the DeclarationCondominium f, recorded in Official Records Book 589, Page amended370, as itime, f the Publicn nFlorida. . ....._ Exhibit B-Property Owner Noise Inniation Agreement Page 22 of28 PROGRAM IMPROVEMENTS Exhibit HomeownerTo Noise Insulation r This Exhibft C representsthe Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a propertyby a minimum of five (5) decibels. typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime r( ) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) -- wa ...._ Exhibit C-Pro r Noise Inniation Agmement Pap 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 for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the uAgmemenr) between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, aPE d the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connecUon with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen, & 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 RSevere". 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 Exhibit D-Property Owner Noise Insulation Agreement Page 24 of28 necessary ai to the Property, to the acceptance of the Program Manager t minimize any delay or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this _Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. B. The undersigned hereby agree that the terms and provisions of thisExhibit _ shall be binding upon,.and inure the benefit of the undersigned and their respecbve heirs, personal representatives, successors and assigns. ITNESSES, PROPERTY OWNER: OdAZM Printed Name ,.n SE n—a tL r I I Dam Pdinted N * - iTNESS : PROPERTY OWNER: dl x R n to'& Printed Name CE r Pdrfted No e Signature WITNESSES: PROPERTY OWNER I signabire SIgnshre Printed Name Printed Name s6natura Date Pr1n N Exhlift" -Prvperty Owner Noise hmiation Agreement Page 25 of 2 VENTILATION HOLD HARMLESS AGREEMENT ENT Exhibit E To Property Owner Noise Insulation Agreement partial consideration of the compensationi if of the County and the Program for the Program Improvements to be made to the Property described in the Agreementherewith t Ownerand Property and to whichthis Exhibit_ iundersigned, r and on behalf of the undersigned and the heirs, personal representatives, successors, and assignsthe undersigned, r releases, remises, discharges, indemnities covenants , institute c1 i i r institute [ against, the r any of b agents, officers, I Itants and/or contractors concerning all claims, , damages, actionsr causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any oft ing which may accrue t the undersigned or it respective heirs, personal representatives, Deficiencies "Deficiencies") i iil1 it against said County or any of ' t , employees, consultantsr contractors legally liable. Z The Program Improvements include the additionf acoustical windowsg removal and infilling of "through-wallm portableit conditioner units and the additionreplacement ductless urnini-split" it conditioning these modificationsill result in a tighter interior i t due to the eliminationf all passive inside i it leakage that was naturallyoccurring in all openings, the Program ill also include the additionrecovery ventilationit which ill provide an adequatef inside f outside air to the condominium requiredit i . 3. Given the tightened interior i t of the treated condominium, the Propertyr agrees to assume full responsibility for the proper operation of the new ductlessProgram t ventilation it to avoidthe potential r mold and moistureproblems, i II the condominium is closeduninhabited, 4. Due to FAA eligibilitylimitations, the Program will not be providing bathroomexhaust fan ts. Since bathroomt and/or showers are a sourcef moisture in the interior environment of a condominium, r agrees to assume full responsibility for ensuring that all bathrooms have an operable bathroom t fan capabletip t moisture to the exterior of the building, It should alsot t the ri i I KWBTS condominiums constructed withl[ wall vent that was designedto allowthe passivet of fit E-'Pmpeny Owner Noise hwulation Agreement Page 26 o2 bathroomi t in a central building exhaust shaft. During the Program design survey process t was discoveredthe KWBTS buildingslack a solidcentral building exhaust shaft. Due to thisexisting iti , these original wall vents (if stillpresent) have the potential to providet r unwanted air, smoke and/orinto the condominium interior, r r agrees to assume full responsibility for the sealing f original wall vents in all bathrooms and far any and all negative impacts that may It if left untreated. 5. It is clearlybuilding i I ti to duct laundry dryer exhaust to the centralKVVBTS exhaust shaft. In the event a Property Owner has incorrectly their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to correct this deficiencyproperly it laundry dryer exhaust in an altemative methodthat meats current building code, at their cost before the initiation of the Program construction , the Property Owner agrees to assume any and all liability I improper ducting of their laundry dryer exhaust. PropertyS. The that the Program Improvements will not kitchenaddress t ventilation i interior humidity levels generated by the Property Owner within the interior oft iiProperty Owner understands and assumes full responsibility for maintenance of interior moisture and humidity I r agrees to assume full responsibility for any occurrence, r worsening of moistureI interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenanceoperation f the NIPtip it ti r completion of the . 7, The undersignedl that all oft I I harmless and indemnity i i t forth in Paragraph 1 of this ff E applyt deaths, r damages sustained in connection withr as a result of any and all intedor ventilation deficienciesarising r the additionf the Program Improvements including, but notlimited t , high humidity, mold, mildew,-and/orl f proper exhaust ventilation. The provisionsi II survive the terminationexpiration the Property Owner Noise Insulation Agreement. undersigned8. The that t terms provisions of this ExhibitIl be bindinginure to the benefit of the undersignedit heirs,respective I representatives, successors and assigns. _.m ....... W NES iPROPERTY OWNER: :L Signature ------------- f � k `dr 1pa Name yPrinted Name SIgnature 14 Date I Printed n me Exhibit E-Property Owner Noise Insulation e 27 o .2 TTNESSES: PROPERTY OWNER: kh ( .. gk a, 4 nh n4u Printed Name Printed N SIgnat Printed ff i-no ee ITS: PROPERTYOWNER: Signature Signaturew Printed Printed Narm I Signature Date _Printed Exhibit E-Property Owner Noise Insulation Agreement Page 28 o 2