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09/18/2019 Agreement/Easement-C116 �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 PreparedBY and Return Heather P. Faubert Reccorded421,42,02010:55AM Pagelof4 NIA Assistant Project Manager ' IC, Inc. .00 710 DacuW Pd., Suits 1 Filet aud Rewrded in Of-fieW Racmis 0 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THI T T is nt into this ay of �� <Lefe-red " I L I ", hereinafter as "the Property Owner," in favor of the MONROE COUNTYCOUNTY COMMISSIONERS, a boy politic and corporate, hereinafter referred to as " .-" RECITALS: A. The Property Owner is the fee simple titleholder to certain real prop ("the Property") located in Monroe County, Florida, more particularly described as follows: Condominium Unit No. 11 - , 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 Book589, Page 370, as amended from time to time, of the Public Records of Monroe County, Florida. also identified as street address: 1 S. RooseveltI nit 11 " B. The BOCC is the owner and operator of Keyt International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, re determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation f a Noise Insulation P ("NIP'). C. Under the NIP, the Airport will design n install or pay for the installation of improvements an i tions to the PropertyOwner's Property necessary to reduce interior noise levels at least 5 dI3 and to bring the average interior noise level below dB in accordance withFederal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement ill supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIPill include funding from the United States Government pursuant to the Airport and AirwayImprovement of 1982, andIII include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property ner desires to participate in the NIP and has entered into a Property .__ �.._ _._ ......_ .........................__.......... _................__ ._..,.... _......._ . . ..... KeyWest International Air NIP—Avi ion Easement(Unit 11 ) e 1 of 4 Owner Noise Insulation Agreement with t 's implementation of the NIP will benefit the Property Owner and the Property by providingcertain i t soup attenuationsru ion on all eligible residential structures on the property necessary to achievea reduction in DNL indoor noise levels of at least 5 dB and bringthe average interior noise level to in accordancei t Aviation Administration policy. The Property Ownerlly understands that the NIP eligibilityl h t some future time, but is currently based on the 2013Existing Condition Noise Exposure acceptedby the Federal Aviation Administration ("t ") on December 19, 2013. G. The NIP will be administered in accordance withthe current FAA Order 5100.38, i Improvement Program Handbook. H. It is thethis Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE,for and in consideration of the improvements to be made to theSubject Property through the I ,the receiptn ich 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. Property Owner on behalf of the Property Owner and its heirs, assignsall successors in interest, does hereby grant, bargain, sell and convey to the , its successors sins, a perpetual evigation easement over the property. The use of the Easement shall include the right to generate and emitnoise and to cause other effects as may be associatedit the operationi over or in the vicinity of the property. This Easement shall apply to all such aircraft activitythe Airport, present or future, in whatever form or type, duringion at, o , to or from the Airportit being the intent of the parties that all such Airport activity shall be deemed to be included within the `e of this Easement. 2. This Easement shall be perpetual in nature II bind andwith title propertyand shall run to the benefit of the BOCC or its successorininterest r and operator of the Airport. 3. The Property Owner h if of theOwner, its heirs, assigns and successors in interest, l the BOCC, andn n all related parties of the , including but not limited to BOCC members, officers, s, servants, employees and lessees, y and all claims, demands, damages, debts, liabilities, costs, attorneysfees or causes of action of everykind or nature for which the Property Owner or its helm, assigns, or successors currentlyhave, have in the past possessed, r will in the future possess, l i ooperations r aircraft activities and noise levels related to or generated by Airportactivity, or may hereafter have as a result f use of this Easement, including but not limited to the v - ti property r contiguous property due to noise, and other effects of the operation of the Airportor of aircraft landing or taking t the Airport. Key t Intsmationad Airport NIP—Avi ation Eas t(Unit 11 ) Page 2 of 4. This Easement expressly excludes and reserves to the Property Owner and to the Property is heirs, sin successors in interest, claims, demands, debts, liabilities, costs, attorneys' or 's fee, or causes of action for physical damage or personal injury any aircraft or part of any aircraftin the Easement that does identifiable ph is I damage to the property or injury to a person on the property by cominginto direct physical contact with the property or the person on the 5. Should either party hereto or any of their successors r assigns in interest tin counsel to enforce any of the provisions herein t protect its interest in any matter arisingn r this Agreement, or to recover damages by reason of any alleged breach of any provision this nt, the prevailing a II be entitledto all costs, damages and expensesincurred including, not limited t , attorney's fees and costs incurred in connection therewith, including pelt t ion. vision of this Agreement is to be interpreted for or against any party becausethat party r that.party's Il representative drafted such provision. This Agreement shall be interpreted construed accordingthe laws of the Stateof Florida. breachvision of this Agreement may be waivedl in writing. Waiver of any one breach of anyprovision 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 cut y the partiesin interest at the time of the modification. In the event that any one or more covenant, condition r. provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, shall be deemedseverable the remainder this Agreement and shall in no way impair or invalidate n other provision hereof so long as the remaining vision not materially alter the rights o obligations of theparties. I such condition, covenantor other provision shall be deemedinvalid to this scope r breadth, such covenant, condition or other provision shall be deemed validthe extent of the scope or breadth permitted by 1 . 8. In the event the Airporthall be subdividedinto more than one parcel, or the Airport or a. portion thereof comes subject to operation, management or administration by a party in additionto or in lieu of the BOCC, then and in that event the partiesthat same shall not terminate or otherwise this long as a portion of the Airport continues to operate for standard airportflight purposes, andthat such successor in interest to the BOCC shall be entitledII of h benefits i to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsiblefor iI costs of maintainingoperating y sound attenuationmaterials and equipment installed in the Propertyr on behalf of the BOCC. -RWt In atlonal Nrport NIP—Avlgatlon Eaaem t(Untl 118) _...._.Page 3 of This Easement Agreement is executed as of the date first v . i R ER OWNER: i rgni ur m , rM . , ., Jt PrintedName PrIntlad Name STATEF I c-I (, ONv O + ,r) I T fore``o-I Instrument ent11 � �� -- � � �� a fr ,� � ged fibre�� t her�� ,.6 . 20 I by . m Au I � Publlc� NOWY Pu S p brift •- �._ y m I to i n CammlW'an 00 26V02 ._ EKpirp QJ121/2021 N F C... CO_._ i�._ I.. _..._..__ _ ---------_ OUNTY I WITNESSES: Y a, Pain . ame °�� - llf r R , r Y n r 0 STATE F FLORIDA COUNTY F MONROE = „ The foregoing Instrument was acknowledged before me this day of __ 2() byw as Mayor of the Monroe County Board of County Commissioners, a body poiltic and corporate. My ry-Public I n Commission Expires: I y Cyi fog Ki4 onall Airport NIP-AvIgatlon Easement(Unit#CCI ) -- �- _ -Pff"a of . 1' r NT _ UNI-j, IT BY F e .................,,.: y West ' Unit No.: C116 Nwne(s): wahlgq� 6l PROPERTY OWNER NOISE INSULATION AGREEMENT KEY T INTERNATIONAL T, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). WITNESSET'H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain realp rty located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the " ); and WHEREAS, the County is the owner and operator of the Key West Intemational Airport (t "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 Pro (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as moreparticularly described on Exhibit Q 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 ; and WHEREAS, the County ill 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 1 electrical engineer, acoustician and construction manager selected by the County(the "Program 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 OwnerPMpaV Noise Insulation Agrwment Page 1 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. Grant of Easernent. Simultaneously with the execution of this Agreement, the 0-rope b"w-nerexecuted and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects, 2. 'Prograrn Polic - Statements, Cons ist ent with the Program and/or Federal Aviation Administration Airport improvement Program policies and procedures, the Program Manager hais developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be -consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is aftached hereto as Exhibit A. & Pavment of I'll, qram Improvements. The County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, man.aged by the Program Manager, and perfon-ned by the Contractor. ® lmg_qdi......... Competitive Bid Process. The Property Owner shall not impede or interfere *with the Contractors ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To insure a competitive bid environment, the Property Owner is prohibited from having any discussI on or communication with the Contractor in relation to the Program, the contractors bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply Wth this provision shall, at the option of the County in its sole discretion, result in disqualification fmm the Program and cancellation of this Agreement. 5. Construction C6 The County Wil award the contract for the Pmgram Improvements consistent with Federal and County competitive bidding policies and procedures. The contract YAK require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Post-Construction Respgrisibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pro-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall rneet all Pre-Construction requirements to include: (1) Removing all valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.)from their condominium; (2) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white P)ropeny Oymer Noise Imulation AMement Page 2 of 28 space in sketch) for the Contractor, When doing so, the Property Owner will have the abIII ty to utilize the complete "floorto ceiling" space. (3) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area"-, (4) Removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space Area", (5) Removing all electronic and dust-sensitive it from their condominium or wrapping with protective poly befbre storing them in the "Designated Storage Space Area"; (6) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storing thern in the "Designated Storage Space Area"; (7) Moving all small it and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" b. After completi,on of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings stored in the 'mDesignated Storage Space Areas" backto their original positions in the condominium: the condominium', (2) Moving of any excessive furniture and belong int ings back o (3) Re-installation of all wall treatments, door treatments and waII hangings back to their original positions in the condominium. c. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, 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. d. In the event the Property Owner falls 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 related thereto. 7. Lrpi w truction 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 during the oonstruction of the Program Improvements from impeding construction or altedng construction schedules. In the event the Property Owner,or any tenant occupying the Property impedes construction or ............ Property Omer N Insuadon Agreement Page-3. oise l of 28 altersthe construction schedule, the r shall be liable the Contractor and the Countyfor any damages and all direct and indirect related thereto. 8. Safe ua _o ins Env!j n !j ronment. The Property Owner shall be responsible r providing a safei nvi n r the r, Contractor, subcontractors, suppliers, iCounty, t n federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsiblefor (1) Providing a workingnvi n t that is free from potential health risks, blohazard conditions, us chemicals, tcl s, weapons of any kin and/orexplosives; ( ) Refraining from verbal abuse or profanity; (3) Refraining from aggressivephysicalcontact; O Insuring that all pets are completelyc in . b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended time. In such event, the Program Manager shall notify the Property Owner in writing, statingiv action(s) and/or itln( ) required to be completed r performed by the PropertyOwner prior to the Countyresuming the Program process. . In the eventthe Program process is not resumed due to the OwnersProperty it o complete the correctiveion(s) and/orcondition(s) requiredby the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages andII direct and indirect l thereto. d. If the Program process is resumed, the Property Owner shall be liable to the Countyand/or Contractor for any and all damages and all direct andindirect costsI to r caused by the temporary suspensionof the Program process. 9. Construction I y . Duringconstruction period, the r experiencemay lic tions relatingthe installation of th Improvements. t ion t shall vie delays I these u complications beyond the control of the Contractor and shall be excused so that thei r completion may reasonablye extended. Construction schedules may also be revisedif there is a delay in awarding of the contract or if the Improvements have be re-bld in the event of lack of bidding # and/or failure f the lowest responsive, responsible bidder to execute the contract, provide payment and performance bond or show proof of required insurance. 10. Ch@ngesto Sqppe of Work. The Program Manager reserves theright to make changes to thei s and s ifi ions and the Program Improvements, its ...® _ �.. . _....®...... Omer Noise Imulation 4wement Page 4 of 28 sole discretion, at any time during the Program process, provided such changesnot reduce the scope or quality of the Program Improvements b in f such changes are necessitatedthe i f hidden conditions of readily detectable uric I property inspection thetion of the Program Improvements, Manager h_ Il inspect_ the inspection f the r Improvements to det 1 if they were completedpursuant to the terms of the contract. The Program Manager retains solediscretion t rl conformance issues as they relatethe Contractor, subcontractors, suppliers tip designs. The Property Owner is requestedto attend the Substantial Completion Inspection' i input to the Construction r Wth respect to the Identified -lit items. In addition, the Owner is welcomet attend the Final Inspection. In the event the Property Owner.electsto not attend the Substantial 1 i I l Inspections, they 1 r their ability t provide input to the Construction r with respect to the f the Improvements,Program In the t there is a disagreement between the Property OwnerOwner and the Program Manager as to a conformance or performance issue, the Property shall be requiredto submit the I in writingto Monroe (representative to be defined before the f n within 7 days of the inspection i to the' i nth shall then rr detennination as to the acceptabilityf the conformancelperformanceissue remedial i that may need to be taken. Monroe County shall be the final ar It r of any conlbrTnancelperformaiice/issues. Failure by the Property Owner to submit the written1 i t within the time rlspecified shall thereafter lbreclose the Property Owners right to fil i t® 12. 'Termination of Arcireement. The Property Owner understands that the signingf this t initiates of thBID andI I I the ram Improvements in accordance 'th the Program. Therefore, if the Property Owner attempts to terminate this t or otherwise impedes the progress oft n of the Improvements after the of the t i n contract, the r Y4II be liable "the r any and it damages and all direct and Indirect thereby. 13. Warranties. h urn t represent or warrant the level of noisereduction that the Property Owner will experience withinthe cult of the Program Improvements w f the a. The Countythat its contractt the Contractor will include standard one 1) year warrantiesfrom the ti rf r all materials and workmanship. Suchone-year warranty pertod shall commence as of the time f the acceptance of the work as provided for in Paragraph b. Atthe end of construction, the Program Manager will provide the OwnerProperty it Final Closeout Package which will contain copiesf the warranty policies, product instructions, design documentslegal documents. As condition f receiving the WarrantyFinal CloseoutPackage, t w r ... .... Pwpe er Noise1-mlation Agreement Page 5 of a must first submit a completedIOwner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Property Owner understands that the warranty policies lbr products used in the construction of the Program Improvements i er among product manufacturers. In the event of claim, the Property Owner is solely responsible for pursuing all future productwarranty issues directly it each product manufacturer. c. In t event of claim, the Property Owner shall a solely responsible for, and s to contact the Contractor or product manufacturer directly t coordinate required my service and agrees to look solely to the general contractor or the manufacturer for fulfillment all warranties andr resolution f all product or construction warranty iue( ): ` (1) The Property Owner's inquiry is not directly relatedto either construction warranties or product warranties .(such as windowcleaning or product maintenance) regardless of whether the Property Owner'sinquiry arias during the one- year warranty periodthe Contractor or thereafter, ( ) The Property Owner believes that warranty serviceis requiredih respect to construction warranty issues, and the one-year warranty period from the general contractor has expired-, ( ) The Property Owner believes that service is requiredit respect to product warrantyissues, the advertisedrio for the products not expired, the manufacturer is curTently conductingits business, and ( ) The Property Owner believes that service is required with respect to product warrantyissues, n the advertised nperiod r the product has expired. 1 . itinnDeficiencies. The Property Owner will be required to sin 1 i (Deficiency old Harmless Agreement) which will impute ll responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work qui ents. The Property Owner will be required to complete any and all Pre-Work, as requirbdby the NIP to successfullyaccommodate the NIPacoustic modifications. The Prppenyn mill __bemquired to completeall designated Pre-Work items utilizing their own funds andper the redeadlines as established the NIP. In the event . Property Owner falls to complete th designated P - items by the established NIPline, the Propertyr shall removedbe from NIPparticipation n the Property Owner shall be liable to the County and/or Contractor for any andall resulting damages and all direct andindirect is related thereto. 1 i� e "o - ! u oe I rM eui nt. In i hall compliance it the theand City f Building ion iturl ant nt a qui ants, t _ owner ill be required to install 7 - !t "hard-wired" smoke alarmsin their condominium in c _ ._- _ .. _...... _._.........__. Noise Insulation Agmementa of 28 accordance with all applicable codes andregulations by the requireddeadline established by the NIP. The_ Property Owner will be resnonsibleensure that the smoke alarms are n„ t� installed irsame areas within the Irw I � l tl ww work �. ill occur, to avoid any potential �impedance_ to theNIP construction l ,Mm . In t event thep r fails it t install t designated "hard-wired" h - _lr " smoke alarms by the established NIP deadline, the r shall be removed from 141P participation. 17. „ _ i_ f _ _FMgqp§. The Program pr cess may be temporadly suspendedt any time r the l r construction phase,s upon the discoveryt theirpottl I i the Program Improvements r ti process will not resume until the OwnerProperty has correctedII related problemsto the satisfaction f the Program Manager. In the t repairs are not completed in a timely r, tile Property Owner will be liable to the our for any and all darnages andall direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to the_Pm.erty. The Property Owner agrees t to make alterations, It any tenant p Ing any portionf the Property to rnake alterationsto the existingI and/or walls from the time f the Design process until the constructionf the w improvements have been oomplerted, Exceptioto this l t bpre-approved in riti by the Manager. Failure to adhereto this l t may, at the option of the Program Manager In its solei ti , result in an immediate suspensi the construction of the Program Irripmvernents on the . The PropertyOwner will be liable to the County r all direct andi itwith unapproved alterations damages related thereto. construction oftesting is a very important Program process that is designedt measure and determineth I achieved noiseICI reduction11 attreated properties. If selected by the r for pre- & post-construction noise testing, the Property r agrees to provideto their property for testing and agrees to not to make alterationsto the Interior of their property f the exception repairs of Deficiencies)mf t ..e pre-construction of test t th nst Y Y . I ' effiort timet insure consistent I t collection, the Owner also agrees to preservethe interior layout of fumiture, floor coveflngs and ire treatments from t _ time f the pre-construction noise t to t r t- t I r noise test., p r t that t Ili to adhere t this requirement It in corruptionf the noisetesting . Therefore, the OwnerProperty understands they may be liable to the t for any direct and indirect noise testing in the event these requirements aw t met. tY r . reasonably requested, ther shall cooperate ®t the Contractor, the Program Manager m, Monme CountyIn the performance f all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall n l furniture _.... _.. .... ......__.®..... er Noise Innfationent Page 7 o,f 28 1. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. 22. Peshn and Bid_Process Access. At scheduled timesfor upon not less than twenty-four ( ) hours v i (%da NIPil andlor letter), the Propertyr agrees to provideto the Program Manager, Contractor, subcontractors, suppliers, iCounty, tat I inspectors and consultantsthe Property to collectdevelop all.final design and biddocuments. These visits could include, but not be limited o, property survey, design survey, hazardous material inspection, -noise testing pre-bidvisit. In the eventthe Property Owner fails to provide the Property for all required NIPsin and Bidvisits, the Property Owner shall be removedfrom NIPparticipation. 23. Pre-Construction es . The Property Owner agrees to provide access to t - i tO hours r to the scheduled 1 construction. This short visit will provide the r r with the ability to ensure that the r has met all furniture storage responsibilities. Failure could result in the suspension of the scheduled I construction and the Property Owner shall be liable the County and/or Contractor for any and all resulting damages and all direct and indirect is related thereto. 24. Pre =and Postnst ionAccess., scheduled i for upon not I n twenty-four ( ) hoursvnotice (via 1 it andlor letter) and per the establishedi st ion schedule assignment, the Property Owner agrees o provide-to theprovide- r, Contractor, subcontractors, suppliers, City, County, I inspectors and consultants to the Property to provide all required NIPPre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, review Designated i nts, post construction inspections an post- construction noise testing. In the event the Property Owner falls to provide accessfor all required1 of Construction visits, the r shall be removed from NIPparticipation the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct andindirect trelated thereto. 25. Construction Period Access. Upon award of NIPion contract, the Contractor will provide the Program Manager with their final construction schedule, hich will include the requirednumber of calendar s to completethe NIP construction in eachparticipating iniums. Based on this schedule, the Program Manager will assign each Property Owner with a designatednumber of calendar in which construction will occur in their condominium. The Owner agrees to relocate from their condominium for the entireassigned time period. In addition, the Property Owner agrees not to re-enter their property fbr any reason during their assigned construction period due to safetythe potential to negatively impact the Contractor. In theevent the Property Owner falls to provides r their assigned construction time period, the Property Owner shall be removedfrom NIP .. ......._......_... Propeny Owner Noise inudationof 28 participation n the Property Owner shall be liable the Countyand/or Contractor for y and all resulting damagesII direct andindirect ts related thereto. 26. Construction Period Extensione to Hurricanes. inc h 1 construction period will extend into the Key West hurricane season, there is potential for construction delays and/ors s, beyond the control of the Contractor, in the event of a threat of an approaching hurricane and/or an actual hurricane event. Due to this possibility, the Property Owner understands that delays may occur in additionto their originally assigned construction time rio i out any fauft or cost to the Contractor and Program Manager. Furthermore, the Property Owner agrees to relocatefrom their condominium r all additional calendar y ling from NIP construction work stoppagesto a hurricanethreat or event at no cost to the County, Contractorand/or Program Manager. In the eventthe Property Owner falls to provide the required additional access to their condominium due to hurricane-related work stoppages, the Property Owner shall be removedI rtici tion and the y Owner shall be liable to theCounty and/or Contractor for any and all resulting damages and all direct and indirect I t thereto. . Discovery of Pre-Existing_DeficienciesDuring Construction. In the event the Contractor discovers pre-existing deficiencies at the Propertyduring 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 on the scheduled ion period. The Owner understands that, dependingtiming of the pre-existing ic! ncrepair, the NIPconstruction period may need to be extended, l of the Program Manager or Contractor. 28. I�, a of UnfbrqwqR_KWBTS Buildinj on Construction Schedule. The Property Owner understands that unforeseen buildi itin that may arise during the NIP construction may havepotential to increase the original scheduled tion of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to planfor t - possibility h the originally-scheduled const ion completion date may be delayedadditional days due to unforeseen building conditions that may arisecomplicate the NIP construction. Shades and Blinds. The OwnerProperty understands that, after the installation of newI is window doors, the existing window and/or door treatments, nblinds not be compatible nor able to b re-Installed to sizedifferences e new and existing windows and doors. 30. Existing of le. During the installation of the new acoustic windows and , the NIPill be providingnreplacement interior trim sills. The Property Owner understands that the NIPI ri ill not match custom n /or specialized crown moldingand/or custom i and door trim. After the I ti n of the NIPific i s, the Owner will have the abilityto make modifications to the NIPinterior trim at their own expense. NoisePeop"Owner lnmla&n Agreement Page 9 o 1. mCommunl iqs ui ants. The Property Owner agrees t read and reviewall NIP e ails for letters in a timelyi hich are being provided y the NIPu schedule ce. In the event the Property Owner falls to meet this requirement, it could result in removal from NIPrti i io . 32. 'Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensurethat title is free from liens and/or-title . . Q do i ,_ GI a Title. Prior to the commencement of construction o -the Program Improvements, the Property Owner shall cooperate withthe County in order t (1) correct any title i the Property which are disclosed by t Title" and in the sole determinationCounty serve t invalidate t (il) secure the written consent of any and all mortgage holders to the Property Owner'sconveyance f the. Easement to the County if the County ins that it is necessaryr desirable to do so (collectively, t "Title Matters"). I , prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Titlea i the may invalidate the Easement, this t shall be null and void, t shall be terminated. . FederalAssurance. As required by the Federal Aviation Administration, the Property Owner agrees to the fbilowingprovisions: . The Property Owner shall subject the construction work on the project o such inspection and approval during theconstruction of the Program Improvements n r completion'of the Program Improvements as may reasonably be requested by the Program Manager for Monroe County. Afterb. final completion of the Program Improvements, the Property Owner shall assume theresponsibility for maintenance and operationthe items installed, purchased r constructed under this Agreement. Neither the Federal Aviation Administration nor the Countyresponsibility for maintenance and operation these items. 35. Reduction of Fresh Air Infiltration. The Property Owner will be requiredto sin Exhibit _E (Ventilation Hof I s Agreement) is imputes all responsibility o the Property Owner for the proper maintenance of interior moisture and humidity levels. 36. ;Laivage of Mated Is & Equi[, . If the Property Owner desires o retain any of the mated al or equipment removed from the Property as a result of the Program Improvements, r shall arrange for the salvageof said materials i directly with the r at the Property Owner's sole risk and expense. The Countyassumes no responsibilityr the conditionof the material, equipment or surrounding surfaces as a resultowner-requested Iv . The OwnerProperty and the Contractor shall, prior to the commencementconstruction, agree upon and executedocument listing those items to be salvaged. In the absence Noiseb e 10 of such a writtent, all items shall become the property of the Contractor. Materials n equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 37. Property Insurance. ns ion period, . the Contractor will provide builders risk insurance r the Property. The Property Owner shall have the option, t the Property Owners sole cost and expense, to maintain homeownees insurance olicy for the duration of theconstruction of the Program Improvements. rt r understands that, followingfinal completion, the Contractor's builders risk insurance ill cease, and it is advisable for the Owner to obtain insurance to cover any value to the Propertyh . 38. Timing— and Effects of Construction. The Owner understands that there is a chance that construction itself may exceed theContractor's original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and coul te significa quantities f dust and debris rendering portionsa ih bi I r extended periods time. 3 . Labor and Material Release. The Property Owner releases forever discharges any and all claims, suits and actions against the Program Manager-, the County and its officers, l consultants; and contractors suppliers it to issues relating to the conformancelabor, materials acoustic designs utilized in the Program Improvements. of i in this h shall limit the warranties for materials and workmanshipcontained in the contractwith the general contractor. 40. Sale of Progerty. In the event the Property Owner sells, conveys or otherwisetitle to the Property before the completion of all phases of the Program process, the Owner hereby agrees to provide ther with a copy of thist prior to the closing the sale, conveyance r other transfer, transfer II of the Property Owner'sresponsibilities n obligations r this Agreement to the buyer as a condition of the purchase, conveyance r other transfer f the . 1. Waiver. No waiver , acquiescence i , or consent o any breach of ny ten'n, covenant or condition hereof shall be construeds, or constitute, a waiver of, acquiescence in, or consent to anyother, further or succeeding breachr any other term, covenantr condition . . Release _ Easement. In the event that this Agreement i cancelled r the Countydetermines that the Easement should i f record, Owner,the Property upon written request by theCounty, shall pay to the County sum f One HundredDollars ( 1 . ) to cover the costs of the preparation recordingthe Releaseof Easement document in the public records of Monroe County, Florida. r understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear" the it to the Property. . ..... _.. _.... ..................._........ Ownerof a Insulation Agreement Page I of 28 on t c ,OnBehalfOfCon1. By Resolution No. 111- duly motioned and passed at a la lly announcedpublic meeting, the County Commissioners of Monroe County, did, on the 1 r day of March 2004, grant full authority for the County Administrator to executethis t on behalf of the Countyit out further action by the Board of CountyCommissioners. 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 Legal Description of Property c. Exhibit Improvements. d. Exhibit : Deficiency of I ss Agreement a. Exhibit : Ventilation HofHarmless Agreement 45. General Conditions. a. ove�inLaV nu . !nt tion os n Fees. (1) This Agreement shall be governed by, and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. ( ) In the event that any causeof action or administrative proceedingis instituted r the enforcement or interpretation of this Agreement, the County Property Owner agree that venue will lie in the appropriateu r before the appropdateadministrative o y In oun , Florida. ( ) 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 administrativer legal proceeding. ( ) The County andr agree that in the event any cause ion or administrative proceedingis initiated r defended by any party relative to the enforcement or interpretation this Agreement, the prevailingII be entitled I attorneys' fees, court costs, investigative, oLA-of-pocket expenses, it the non-prevailing party. Medition proceedings initiated nd conducted pursuantthis Agreement shall be in accordanceit the Floridal of Civil Procedure and usual and customary procedures requiredthe circuit court of Monroe . b.this Agreement shall bin i to t covenants, nil , ' is in i to of fit of the County and Property Owner and their respective legal representatives, successors, i . Propeny Owner Noise Imulafton Agreement12 of28 c. Sevenablifty, If any term, covenant, condition or prov isi on of this Agreement (or the applicabon thereof to any circumstance or person) shall be declared invalid or unenfbrceabI 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 terTn, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted 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. AMthority. Each party represents and warrants to the other that tile execution, delivery and perforTnance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e. Duration Of Agpapa_ w . This Agreerhent shall commence upon the executI on of this Agreement, subsequent td 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 wTerm"), except as may be sooner terminated in accordance with the provisions of this Agreement. f. As A-cceptan 2f G:rfts Grants sistance Funds, gr Beguests. The 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 for the purposes of this Agreement. g. Claims for l Federa or gita te I . 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. Adjudication of Q isputes or P rreements. The County and Property Owner agree th t 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 reso' lved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. L,, Nondiscrimination. The Coundy and Property Owner that ther ill agree e w be no d cry against any person, and it is expre. ssly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: (1) Title V1 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.S.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 Omer Noise Imuladon Agmenent Page 13 of18 prohibits discrimination on the basis.of age; ( ) The Drugbus ice And Treatment Act of 1 ( .L. ), as amended, relating to nondiscrimination on the basis of drug abuse, ( ) The ComprehensiveAlcohol Abuse And AlcoholismPrevention, Treatment ili do of 1 ( . 1- 1 ), as amended, relating nondiscrimination on the i I l abuse or alcoholism; ( ) The Public Health Serviceof 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and -3), as amended, relating to confidentialityI h l and drugpatient ; ( ) The Americans With Disabilitiesf 1 ( . . 1201 Note), as may be amended from time t time, relating to nond iscri !nation on the basisdisability; ( ) The FloridaCivil Rights Act of 1992, (Chapter 760, Floridatut ion 509.092, FloridaStatutes), as may be amended from time to time, relating to nondiscrimination, ( ) The Monroe County i i nc (Chapter 1314, ArticleVlli Sections 1 -1 1 through 1 -1 ), as may be amended from time to time, relating nondiscrimination; and (1 ) any other nondiscrimination provision in any federal or state statutes or local ordinances whichl h parties t , or the subject matter of, this Agreement. j. Cop peration. In the eventadministrative r legal proceeding i instituted against either party relatingthe formation, execution, performance, or breachthis Agreement, the CountyProperty Owner agree to participate, to the requiredextent other party, in allp a i s, hearings, processes, meetings, and other activities relatedto the substance f this n r provision of the servicesr this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be requiredto enter into any arbitration proceedings related to thist or any Attachmentor Addendum to this Agreement. k. rBooks, Records nd Documents. The County and Property Owner shall maintain -books, records, and documentsdirectly pertinent to performance under this Agreement in accordance withgenerally caccounting principles consistently lie . Each party to this Agreementor their authorized representatives shall have reasonabletimely to such records of each other party to this Agreement for audit purposes ri the term of the Agreement and for four years following the termination of this Agreement. I. _Covenant of Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire anyinterest, which wouldi in any manner or degree withits performanceunder this Agreement, and that only interest of eachi iv benefits as recited in this Agreement. m. Code of Ethich oun that the officers employees of the County recognize and will be requiredcomply with the standards of conduct relating to publicoffloers and employees as delineatedi ion 112.313, Floridatts, i t not limited o, solicitation or acceptance of gifts; doing businessit , unauthorized compensation; misuse of public position, conflicting empl or contractual relationship; disclosure r use of certain information. Pmpeny rNoise Inniadon Agreement Page 1 w No � U� i _t mkt.. The Countyr warrant that, in respect to itself, it has neither employed moor retained any company 'or person, other than a bona fide employee workingfor it, to solicit or secure this t and that it has not paid or agreed to pay anyr to , individual, r firm, t r than a bona fide employeeworking solely for it, any f , commission, gift, r other considerationcontingent.upon or resulting from the r making f this t. For the breach or violation of this provision, the Property Owner agrees that the Countyshall have the right to terminate this Agreement without Habiflty and, at its discretion, to offset from moniesr otherwise r, the full amount of such fee, commission, percentage, gift, or consideration. o. EuNc Access. The Countyr shall allow permit reasonable access to, and inspection of, all documents, W or other materials b to the provisionsChapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this Agreement; and the County shall have the right to unflaterallythis rat upon violation f this provision by the Property r. Public Records Compliance. r must comply with log public records laws, including but not limited to Chapter 119,WFlorida Statutes and Secarm 24 of article I of the Constitution of Flodda. The County OwnerProperty shall allow andit reasonable t , and inspection f, all documents, rr other "public " materials in its m rrrm or under r t met l subject to the provisions f Chapter 119, Florida Statutes, and made r received by the Countyand Property Owner in rjunction Wth this t related to contractW The County shall have the right to unilaterallycancel this met rm violation of this r isi n by the Property Owner. Failuref the Property r to abideby the t f this provision shall be deemed a material breachof this rtr the Countyrm the terms of this i in the form of a court praceedung1, as a prevailingtits to reimbursement of all attomeys fees and costs associated with that proceed�ng. This provision shall survive termination or expiration of the contract. The Propertyr is u to consult with its advisors about Florida Public in order to complywith this . Pursuant t time terrns and conditionsf this contract, the Property Owner is requkedt f maintain publu that would be requiredthe County to perform the service. n recOptf the County's custodian of records, the County withf the requested l the records to be inspected r copiediit in a reasonable time t a cost that does not exceed the cost provided in this chapter r as othervAseprovided . Ensure that public records that are exempt or confidential and exempt from publicdisclosure requirements r not disclosed except as e ise a t a I o authorized l r the durationf the t term and following compI tl f the contract if the Property Owner does not transfar the the urn ( n 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 that would be requiredt.he Cour to perform the service. If the OwnerProperty transfers ll public records to the Countyn oompletion of the oontract, the Property Owner shall destroy any duplicate publicthat are exempt r confidential and exempt from public records disclosurei w s. If the Owner keeps and maintainspublic completion f the contract, the Property r shall meat all applicable requirements for retaining public records. All records stored electronicallyt be providedto the , upon request from the County's custodian f records, in t that is compatiblewith the Information technology t w f the County. ( t to inspect or copy public records relatingto a County contract t be made directly to the t if the s t possess the requestedrecords, th sty shallImmediately t" the r oft request, and the Property Owner must provide the to the my or allow the records to be inspected or copiedwithin reasonable time. If the r has questionsi the applicationf Chapter 119, Florida Statutes, to the Property Owner'st to providepublic relating to this contract, contact the Custodianf Public Records, Man Bradleyt M p. Non-Waiver LMnjunl Notwithstanding the provisionsf Sec. Agreement the acquisition Il tlf r i this , Mori Statutes, the participation f any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shallnot be deemed a waiver of immunity y the Countyto the t of liability r , nor shall contractany nt r° into y the Countyi to containprovision for l r® q. _ �i P l iti II f the privilegesand immunities from liability; exemptions f m � ordinances, and rules; and pensionsn rellef, disability, workers' compensation, and other benefits which apply to the activity f officers, agents, volunteers, r employees of the County, when performingtheir respective functions under this t within the territorial limits f the County shall apply to the same degree and extent to the rfi f such functions duties f such officers, agents, volunteers, or employees outside th'e terdtodal limits of the County. . Legal Pbligations.,. and Res onsitilitles-, _ tip of Constitutional or ,SjgL4oiy Duties. This Agreement is t intended t , nor shall it construed , relieving any participatingentity from a obligationr responsibility imposed the entity y law except to the t of actual and timely perfiormance thereof by any other participating entity, in hih case the y be offered in satisfactionof the obligationr responsibility, Further, this Agreement is not intended t , nor shall it be construed , authodzing the delegationf the r titti I or statutory ti f the County, except to the extent perrnifted by the Floridatitt , _...... .. e o' I l ent a 16 Floridastate statutes, case law, and, specifically, the provisions of Chapters 125 and 163, tuts . . N uance by Non-Parties., No person or entityhall be entitled to rely upon the terms, or any of them, this Agreement to enforceattempt to enforce any t inn or entitlement t nefit of anyi r program contemplated r, and the anty and Property Owner agree that neither the County nor Property Owner or any agent, ofticer, or employee of each shall have the authodty to inform, counsel, or atnerwise indicatethat any particular individual or group of individuals, ntm r entities, have entitlementsr benefits under this r mnt separateand rt, inferior to, or superior to the community m mni in general or Ibr the purposes contemplated in this Agreement. tW Aftestabons. The Property Owner agrees to execute such documents the _ gum reasonably reqUIr8 in the performancethe obligations and tm the County or Property Owner under this Agreement. u. No Persongi Llabirity. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of anyr, officer, agent r employee of Monroe Countyin his r her individual capaci , and no m r, r, agent or employee of Monroeshall be liable personally on this mnt or be subject to any personal liability r accountability by reason of the execution of this Agreement. v. Execution in mrLs. This Agreement may t in may number of counterparts, each of which taken together ll constitute oneand the instniment and any of the parties heretomay t this t by signing any such counterpart. w. Section Heading Section headings have been inserted in this Agreement as a matter of convenience of referenceonly, and it is agreedthat such section headings not a partthis Agreement and WH not be used in the interpretabon of any provision of this nt. Noise 1 ' n Agmement Page 1 iN WITNESS , the r and the Countyhave executed this t as of the day andt above wriften. _ ......... ... ... I p ro� i 's "naua' MY�n. a:� �HhLmW`IN" e '.� �g signature f PrintedName Signature 4, ��re z �3 Printed e P u, r. • 4, ._. ......_..............______ _._._........... .. ...._...... .._.,.... ....._...._.._........____e.._ _._....,_.,...,. _��_ ...� ......� ..... .,..,..._... ......... ... ..... _— ------ WITNESSES: PROPERTY OWNER: v r' �� 4 y 8 F wig tUre ti�j Sgnatur� Panted Name Printed Name Signature Date r__. . . e..! Printed Nay ... ....._®........... MONRbE-"UNTY BOARD OF COUNTY COMMISSIONERS: MAYOR1 Attest:.. J I � L sL�rvz 4�� �. y ,e . . aAvk, DeputyI I fl to F aEL V . r0M ........ Property Owner Noise Insulation.agreement a, �`�,R�'- � �� ; ���,� � Page 18 of 2$ �, " or r PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air ®_ qd General ' sa While providing "mink splif AC system to your condominium as a part of the NoiseInsulation modifications, following limitations and restrl l ill apply to allcondominiums: All condensing unitswill installed the balcony 2. l refrigerant lines 1 the balcony1 its will be installed consistent with KWBTS Board policyrules, i t l lng a maximum height of 48 inches. Ali condensate lines ill be installed it i r consistent with policyBoard l level of consistency and building architectural aesthetics. 4. All interior AC lines (refrigerant, condensate, electrice/) and Energy Recovery Ventilator ill be housed in now vertical wall and comer pilasters which will be constructedto match.the qualityexisting ll locations of the new vertical wall and comer pilasters will differ depending on your unique condominium r plan and number of bedrooms. The NIPtip i ill review1 information wi r NIP Designl ti ® Only electrical service panelsthat are determinedr r to be deficient it be replaced the Program as a part of the NoiseInsulation modifications. B. Window Sill Replacement. Due to the presence of asbestos, the NIPill provide customnew ill instead of the existingsurround, to thisl l existing illgranite, will not be replaced. This reAsIonill be an improvement, while decreasingconstriction timproving time efficiencies, C. Custom Crown Molding and Baseboards ® asbestosThe new itillrestrict ability to remove existing customtrim prior to constructiona i It , which will not allow l t time fort l contractor to secure custom matched replacement turn. Therefore, existing crown moldings, wall trim, , the contractor will, instead, i t to the face of the new pilasterr thru wall ®i l ® llaster locations , if the thru wall ac infill abutsthe existing the contractorill install 4 1 tam to abut the existingtrim, rather than attemptingto match the existingt trim profiles and materials, After the completionthe NIPconstruction, r will iit A r Prop"Owner Noise InnIation Agrnment Page19 have the option to replacethe installed trim it other custom trim to matchthe existing materials and files. D. r Thmshold Heights. 0 tri t Florida hurricaneimpact and water infiltration building codes, all new aluminum acoustical ri t swinging doors n sliding ! do doors ill have thresholds that are considerablyhigher (from the floor) than. existing door thresholds. These higher door thresholds are designedto provide opt!mum proto ion to the interior of a condominiumwater infiltration during hurricane. E. KW13TS Asbestos i As required y state and federal requirements, n to testing, on all participating ndo iniu s in Buildingsduring the November 2017 to April 2018 timeperiod. This testing included collecting to 9 samplest each condominium include u joint compound, windowglazing, and exterior window and door caulking. In addition, random exterior stucco samples collected n both the 'Walkway" n 1 balconyu building elevations. Depending on the laboratory n I i of thesesamples, the presenceof asbestos containing mat ri I (ACM) have the potential to impact several areas of the NIP construction process to include: window removal and acoustic window installation, door removal and acoustic door installation, oval of portable "t - all"AC unitsand the infilling of openings, calling cuts required for installation of the ductless , all cuts required for the installation of the ductless AC, construction of vertical wall pilasters requiredfor installation of the ductless systemAC u , construction of closet soffit for installation of the ERV. AbatementF. Asbestos Reguirements In the event any samplesshow of asbestoscontaining material (ACM), the awarded NIP contractor will be required to perform the followingabatement requirements during construction: !f sarnpjpqAhow a c f < 1 1,1.E The NIP contractor will be required to comply with OSHA worker safety requirementso include worker respirators, polycurtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaceschipped, cut and/or sanded. ExhibitA- e Owner Noise.1nniation Agreement Page 20 of 28 if SaMpIgglhow a resepce of ACM >� The NIP contractor will be required to perlbrm-full asbestos abatement procedures as directed by the Environmental Protection Agency(EPA)to include: Construction of ACM containment barTieis in all areas (walls, ceilings, closets, windowaldbors), approximately 4 feet from all walls and areas impacted by the NIP modifications. Abatement and bagging of ACIVI (resuffing ftm demolition process) by certified asbestos abatement staff. - Ali, sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance vAth federal and state abatement guidelines. - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction pedod and increasing the sequencing and coordination requirements of contractor crews. - Given the cost to provide required asbestos abatement procedUres, the FAA will require TIC C to develop a design and construction plan that minimizes the disturbancd of ACM to ensure the minimization of consh;_i ts, duration, and liability to the contractor and KWBTS property owners. This plan wIll result in new property owner requirements and design restrictions which are outlined below. 11. BOARD Authority of Design Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to includd: ® Acoustical Window and Door Material ® Acoustical Window and Door Color and Hardware Finishes 3. Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split"AC System Installation Requirements 5. Intedor Ductless "Mini-Split" AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment .............. -------——- ibit - ------- Exh A Prvperty Owner Noise insulation Agreement Pqge 21 of 28 LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Condominium Unit No. 11 6-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, of the Public Records of Monroe County, Florida. Exhibit B-Property Owner is Insulation Agreement Page 22 of 28 PROGRAM IMPROVEMENTS ImprovementExhibit C TO Homeowner Noise Insulation Agreement This Exhibit C represents the Program includes t the ProgramManager to Improvementinterior environment of a property by a minimum of five (5) decibels, A typical Program Architectural Replacement10 l 1 Replacementl 1 Acoustical ) Replacement Aluminum Acoustical Sliding Glass Patio Exhibit C- do of 28 DEFICIENCY HOLD HARIVILESS AGREEMENT Exhibit D To Propefty Owner Noise Insulation Agreement I In partial consideration of the compensation to be paid on betialf of the County and the Program for the Program Improvements to -be made to the Property described in the Agreement of even date herewfth (the "Agreemeff') between the County and Property Owner and to which this Earbibit 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, indemnities and covenants not to sue, institute claims agaInK or institute any proceedings against, the County, or any of tts agents, officers, employees, consultants and/or contractors concerning any and all claims, dernands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injudes or death, damage to the property, and the 'consequences thereof, and any of the foregoing whi t ch may accrue o the undersigned or their respect.1ve heirs, personal representatives, successors and assigns in corinection with any and all Pro-Existing Deficiencies (the "Deficlenciesu) against said County or any of Its afficers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands and assumes full responsibility 1br the Deficiencies present in the Property, 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 execuflon 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 I dentify and document Deficiencies at any firm e throughout the Program process (Including design, bid and construction processes), If identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor or"Severe". 5. The Property Owner assumes full responsiblifty fbr the worsening of any documented Minor Deficiencies. 6. In the rare event uSevere" Deficiencies are identified dudng' the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program improvements. In,the rare event that ftSevere" Deficiencies are uncovered during the construction pedod, the Property Owner agrees to complete ............. Echibit D-Propeny Owner Noise Inndation Agreement Page 24 of28 neoessary repairs tot Pimperty, to the acceptance of the Pmgrarn Manager to minimize any delay or stoppages of work. ® The undersigned acknovAedge and agree that all of the release and hold harmI ess and indemnity provisions set fbrth in Paragraph I of this Exhibit Q apply to pmperty ,ides, deaths, or damages arising from the Deficiencies and/or all negative impaats 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 IS Insulation Agreement. B. The undersigned hereby agree that the terms and provisions of this Exhibft shall be binding upon, and inure to the benefd of the undersigned and their respective heirs, personal representatives, successors and assigns. ................. WITNESS PROPER YFOWNER: k Signature signature Printed Name I f"" , Printed Name to E. PROPJEERTY OWNER: tt bm t "'Ure a 4-0 Fleinted Nomm Signature., L"Ll T- k!" Are ........I- Date Printed N6me .... . WITNESSES: PROPERTY OWNER: Signature Signature 0rinted Name Vrinted"Ni—am-e— Signature 0—antea-Nai�—e — ............ ------- ....................— Exhibit D-Property Owner Noise Insulation Agreement Page 23 of28 VENTILATION Exhibit PropertyTo i Insulation Ag 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 "Agreement") between the County and Property Owner and to which this Exhibit E is attached, the undersigned, fbr and on behalf of the undersigned and the heirs, personal representatives, successorsi and assigns the undersigned, foreyr 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 and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of Its officers, , employees, consultantsand/or contractors to be legally liable. . The Program Improvements may include the addition of acoustical windows and doors, removal and infilling of "through-wall" portable air conditioner units and the addition of a replacement ductless "mini-split" air conditioning system. Because these modifications will result in a tighter interior environment due to the elimination o all passive inside 1 outside air leakage that was naturally occurring in all openings, the Programwill also include the addition of a energy' recovery ventilation ( V) unit which will provide an adequate exchange of inside / outside air to the condominium as required y building . 3. Given the tightened interior environment of the treated ndominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC systemand energy recovery ventilation ( V) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 4. Due to FAA eligibility limitations, the Program will not be providing bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of moisture generation in the interior environment of a condominium, the Property Owner agrees to assume full responsibility for ensuring that all bathrooms have an operable bathroom exhaust fan capable of properly exhausting bathroom moisture to the exterior of the building. It should also be noted that the original KWBTS condominiums were constructed with a small wall vent that was designed to allow the passive exhaust of it - r Noise Inniation Agmemento 2 bathroom moisture In a central building exhaust shaft. Duringthe i n survey process it was discoveredthe KWBTSbuildings lack solid central building exhaust l to thisexisting m iti n, these original wall vents 'If stillpresent) have the nti l to providet unwanted ir, smoke and/or gases into the condominium interior.rm r agrees to assumefull responsibility for the seallng of odginal wall vents in Wi bathrooms amm for any and all negative impacts that may result if left nt It i learly a buildingl l ti rm to duct laundry dryer.exhaust to the KWBTS central exhaust shaft. In the event a Property Owner has incorrectly their laundry r vent to the KWBTS central building exhaustshafts, they agree to correct this fli my by property exhausting their laundry dryer t in an alternative mth that meets current bull ding t their cost before the irmiti tl n of the Program construction process. Furthermore, the r agrees to assume y and all liability 1 t to the lmproper ducting of their laundry r exhaust. 6. The Prop" Owner understands that the m improvements met ill not address kitchen andbathroom ventilation and/or excessive i t moor humidity levels generated the Property Owner within the interior of the n rmmini . The Property Owner understands mid assumes full responsibility fbr maintenance of interior moisture and rani ity levels. The Owner agrees to assumefull responsibility for any occurrence, reoccurrence or worsening of molsture problemsand/or Interior humidity levels in the Property, In addition, the Property Owner agrees to assurne full responsibility fbr the maintenance an tl o of the 1 m time modification r r i tl m . f the Program improvements. a The n i acknowledge n that all of the release, 1 harmless Indemnity mni i i m t forth in Paragraph I of this Exhibit E apply injuries, deaths, or damages sustainedin connection with or as a result of any and all interior ventilation deficienciesrmirm r the additionf the Program Improvements Including, t not limited to, high humidity, mold, mildew,-and/or lack of proper exhaust ventilation, The provisionsf this f ff E shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. 8. The i mom hereby agree that the terms and provisionsf this Exhl-bit E shall be binding upon m Inure to the benefit of the undersignedtheir respectiveheirs, personal representatives, successors and assigns. r PrIn Name Date w� ... R ......�__e __....® _ i ®11pupeny avner Noisy'InMation Agmement Page I' : j II a �... nature Pj�nlcej Name I Printed Name w� Signature _ F Printed Name WITNESSES: ........... _.. _..... _..... _PROPERTY..... OW NER: Signature Signature Printed Name �� � 3R Printed me Signature I Printed Name ... _._........_____......® � .....,.,,... __...... .................... Exhibit E- er Noise Instilation Agreement Page 28 of2