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09/18/2019 Agreement/Easement-C118 �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 PERRaimd By a!mdSqWrn To.- Heather P. Faubert Dft#2263719 E"3q1Spg#ZW NIP Assistant Ject Manager ROCGrftd 4)21/2020 10:55 AM AP I Of4 THC, Inc. 710 Dacula Rd., Suite 4A#316 Dad Dm Shump So.00 Dacu[a, GA 30019 Filed md Recorded in Officiaii Reaer6 of MONROE COUNTY JMVIN MUNOX CPA AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this 1-46 day of _, by "CHRISTOPHER CHARLES MORViT—H & CAROL LEE HORVATH", hereinafter referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as 11130=11 RECITALS: A. The Property Owner is the fee simple titleholder to certain real property("the Property") located in Monroe County, Florida, more particularly described as follows: Condominium Unit 11 8-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, a's amended from time to time, of the Public Records of Monroe County, Florida. also identified as street address: "2601 S. Roosevelt Blvd., Unit C118" B. The BOCC is the owner and operator of Key West International Airport("the Airport'") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easernent!') is a BOCC condition of participation in the NIP, The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport, ............... .......... Key West International Airport NIP®Avigation Easement(Unit Oct 18) Page I of 4 OwnerE. The Property desires to participatein the NIP and has enteredinto a Property Owner Noise Insulation Agreement with the 130M The BOCC's implementation of the NIP will benefit the Propertyr and the Property by providingi remedial sound attenuationtr i 11 eligible residential tr the property to achievereduction in DNL indoor noise levels f at least 5 dB and bringthe average interior i level below 45 dB in accordanceit r l Aviation Administration 11 F. The Property Owner f 11 t that the NIPli i ili I t some future time, but is currentlythe 2013 Existingif accepted by the Federal Aviation Administration ("t ") on December 19, 2013. G. The NIP will be administeredin accordance withcurrent FAA Order 5100.38, Airport Improvement Program Handbook. It is the purpose of this t Agreement to grant to the BOCC a perpetual avigation easement, on terms r i r set NOW THEREFORE, r and in considerationof the improvements to be made to the Subject Propertyr the NIP,the receipt f which is hereby acknowledged by both parties, in considerationincorporation into this i ti t of the recitals t forth above, t r and the BOCC agreefollows: ® The Property Owner on behalf of the Propertyr and its heirs, assigns and all successors in interest, r t, bargain, sell and convey to the BOCC, its assigns,successors and rpetual avigation easement over the property. The use of the Easement shall include the right to generateit noise and to cause other effects as may be associated with the operationf aircraft over or in the vicinitythe This Easement shall apply to allit i i t the Airport, r future, in whatever form or type, during operation at, on, to orf the Airport, and it being the intent oft i that all such Airportactivity 11 be deemed to be included within the purviewf this t. EasementZ This shall be perpetual in natureshall bind and run withtitle to the property and shall run to the benefit of the BOCC or its successor in interest operator f the Airport, Property3. The r on behalf of the Propertyr, its heirs, assigns in interest, r release ll related i of the , including but not limited to BOGG members, officers, managers, agents, servants, employeesand lessees, from any and all claims, demands, damages, debts, liabilities, costs, r r causes of actionf every kindr nature for which the Property Owner or its heirs, assigns, currently in the past possessed, r will in the future result of Airportoperations r aircraft activities noiselevels related to or generated by Airportactivity, r may hereafter have as a result f use of this , including but not limited to t above-mentioned propertyr contiguous property due to noise, and other effects of the operationf the International Airport NIP—AvIgation Easement(Un 11 ) Paga 2 of Airport i landing or taking at the I . d This Easement expressly excludesreserves to the Propertyr and to the Propertyr' i in interest, claims, , damages, debts, liabilities, r r fee, or causes of actionr physical damage or personalid i r part of any aircraftusing Easementthe that does identifiable physi I damage to the propertyr injury to a person on the propertyi into it physical contact withr the person on property,the 5. Should either party heretor any of their successors or assigns in interestretain counsel to enforcef the provisionsI r protect its interest i r arising r this Agreement, ort r damages by reason of any allegedf any provision this , the prevailingshall be entitledto all costs, damages and expenses incurred including, t notlimited t , attorney's fees and costs incurred in connectiontherewith, including appelit tI . provision of this r t is to be interpreted for or against any party because that party rthat party's legal r r ti r provision. i Agreement shall be interpreted t ri to the laws oft f Florida, breachr l I f this ived unless in writing. Waiver of breachany one r i € f this r t shall not be deemed to be a waiver f any other breach of the same or any other provision ofti rThis Agreement may be amended only by written instrument t the partiesin interest at the time f the modification. In the event that any one or more covenant, condition or provision contI r l is heldinvalid, i r illegal by any court of competent jurisdiction, the same shall be deemed severablefrom the remainder f this r t and shall in affect, impair or invalidate other provision hereof so long as the remaining pr i i t materially alter the rights ll tip f the parties. If such condition, t orother provision shall be deemed invalid due to this r breadth, t, condition or other provision shall be deemed validto the extent of the scope r breadth permittedl B. In the event the Airportshall be subdividedinto more than one parcel, or the Airportr portionthereof subject to i t or administration in additionr in lieu the BOCC, then and in that eventt ies agree that same shall not terminate or otherwise affect this r t so long as a portionthe Airport continues to for standard airportflight purposes, and that any such successor in interest t the BOCC shall be entitledall oft fit running to the BOCC hereunder. a The Propertyr agrees that the Propertyr shall bear and be responsible for all costs of maintainingi timaterials equipment installed in the Propertyr on behalfof the Key West International Airport NIP—Avigation Easement(Una 1 This sement Agreement is executedthe i ov written. P PE kE - ......_ � PROPERTY�.� OWNER:,r r u Signature �"... �� _ Slgne`re �®. Prfn d Name rint r Data — -=-- �..... — s � Date � ..._. STATEOF �� �u COUNTY OF I -, j� L The foregoing instrument was acknowledged before me thist ? y of .li , 20 ' ' e Property Owner am (s) My CarnuAssion Expires: �Nut�j v Public Slgnaid ..... .................. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: IT AYOr lei -.w, " r ��n', h_.__ Printed Name m �, �...� � �� � _,. '��a" � x�. ,-� Signature au " Printed Nerne STATE OF FLORIDA4 ¢ COUNTY OF MONROE ., � The foregoing instrument was acknowledged before me this day of —, 2p by--___-,.,_-__-_ �uuu s Mayor of the Monroe County o of County Commissioners, a body politic and corporate. -o P ublic S...__.._. I natu y Commission ire : MoN ICE COWPY T X,x J P D ® _.... _. .............................� KeY West international Airport NIP—Avigation Easement(Unit#C118) w--.=, 4:df ASSI TAm sRNEY Date— Address: Kev West b,%. the Sea ............... ®t No.: C1 18, Name(s): Horvath -1-1— PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effectI ve 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"). 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 "Property"), and WHEREAS, the County is the owner and operator of the Key West Intemational 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 generaI 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 "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 ............. ...... ........... Property Owner Noise Insulation Agreement Page I of28 whichsufficiency of , the Propertyr and the County hereby agree as follows-, f. Grant of_ Easement. Simultaneously withexecution i Agreement, the Property Owner executedl to the Countyi ti easement (t "Easement ) which Easement has been recorded in the public County,of Monroe Florida. The Easementremains in full force t and i herebyratified in all respects. 2. Prociram PolicytConsistent with the Programr Federal Aviation Administrationit Improvement r policies r , the Programr has developedseries f Program PolicyStatements tli i construction li ilit restrictions, The Pr that prescribed r ill be consistentit the ProgramPolicy Statements r to the Property Owner by the Programr® A copy of the Programll Statements is affached hereto _ t to pay r Programthe r Improvements,- hereto,ibit C attached Program Improvementsill be approvedthe Propertyr and County, managed by the Programr, and performedthe Contractor. Impeding, Competitle Bid Process. The Propertyshall not impede or interfere wit the Contractor'sability I r t manufacturer's and subcontractors in the preparationf bid submittals. To insure competitive bid environment, the Propertyprohibited from discussioni tion with the Contractor in relation to the Program, the contractor's i , or this t until after award of the constructiont the Failure f the Propertyr to complyit this r i ishall, at the option of the County in its solei t ti , result in disqualificationfrom the Program cancellation f this Agreement, 5. _Construction Contract. The County will award the contractfor the Program Improvements i t t with Federal and County competitivebidding li i and procedures. t t will require the Contractor to complete Improvements withintime rl the Programr. Post-Construction i ilities. The Property Owner shall meet all responsibilities and requirements pertai 1 to bothpre-construction post- construction: i a. Prior to the start of NIP construction, the PropertyOwner shall meet 11 Pre-Construction requirements include: (1) Removing all valuables (such as jewelry, coins, , antiques, irl , etc.) from their condominium; ( ) Moving of allfitr 1 1 into t "Designated Storage '° within the condominium, the required "clear area" (white ------ Property Owner Noise Imulation Agreement Page ,f 2 space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to 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 before storing them in the "Designated Storage Space Area", (6) Removing all wall hangings (such as mirrors, pictures, hanging sheI , etc.) and storing them in the "Designated Storage Space Area", (7) Moving all small it and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" b. After completion 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 "Designated Storage Space Areas" back to their original positions in the condominium: the condominium; (2) Moving of any excessive furniture and belongings back into (3) Re-installation of all wall treatments, door treatments and wall hangings back to their original positions in the condominium. c. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner falls to 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. Im - 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 during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Propaty Owner Noise Insulation.Agreement Page 3 of 28 alters the construction schedule,'the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto, 8. Safe Working-Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a working environment that is free from potential health risks, blohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact, and (4) Insuring that all pets are completely secured and contained. 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 at any time, In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process, c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Dela s,. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revised if there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Chgaunges tq Scope of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at fts ---- -------- ..... r ....... erty Owner Noise Insulation 4reement Page 4®• 28 Pop sole discretion, t any time during the Programprocess, provided such changest reduce the soope or quality of the ProgramImprovements ri in Exhibit___ such changes are necessitatedthe discoveryi i ` t readily detectable ri normal property inspection t . 1. Acceptance of Work. Upon completionr Improvements, the Program r shall inspect or cause the inspection the Program Improvements t fir i if they It pursuant to the terms oft contract. r r retains sol i t tiauthority conformancend performance issues as they relate to the Contr r, subcontractors, suppliers acoustic i Owner is requested the Substantial Completion Inspection r i input to the Constructionr with respect to the identified -lit items. In addition, the Propertyr is welcome attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they releasesurrender their ability t provide input t tr ire Manager with respect to the acceptance of the Program Improvements. In the event there is a disagreement between the Property Owner and the Programto a conformancer performance issue, the Propertyn r shall be requiredit the discrepancyin writingto Monroe (representative to be defined before the NIP constructionwithin f the inspection giving rise to the discrepancy. r ll then make a determination ato the acceptabilityf the conformance/performance issue remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/perfori-nancelissues. Failurethe Property Owner to submit the written complaint it i the time periodcif ll thereafter foreclose the Propertyn right to file lit. 1 . Termination xx.of Agreement. The Propertyr understands that the signingf this r t initiates th the BID and CONSTRUCTION the ProgramImprovements to be performedin accordancewith the Program. Therefore, f the r rr aftempts to terminatethis r t or otherwise impedes the progressf the performanceof the r r Improvements aftethe award f the construction contract, the Propertyr will be liable to the County for any and 1 damages and all direct and indirectt r 13. Warranties. n t represent r warrant the level of noisei that th r r will experience withinthe Propertyresult f the ProgramImprovements performed as part of the Program. a. The County agreesthat its contractit the Contractorill include standard 1 r warranties from the Contractor for all materials and workmanship. one-yearSuch warranty periodshall commence as of the time f the acceptancef the providedwork as for i r r . b. t the endf construction, the Programill provide Propertyr with a WarrantyFinal Closeout Package whichill contain copiesf the warranty policies, product instructions, i t legal documents. As condition f receiving the WarrantyFinal Closeout Package, the Propertyr Prof er Notre Insulation Agreement Page 5 ,f must first submit a completed NIP Property Owner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers, In the event of claim, the Property Owner is solely responsible for pursuing all future product warranty issues directly with each product manufacturer, c. In the event of a claim, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter,, (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business, and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Fre-Exis tiny-Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all 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 Rpguirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Pro I rty Owner will be reqgjMd to complete all redIgj_ desiMated Pre-Work items utilizing their own funds and per the required deadlines as established-by the NIP. In the event the Property Owner falls to complete the designated Pre-Work it by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. ly of Key West "Hard-Wired" Smoke Alarm R uirement, I n compliance with the City of Key West Fire MWrs—hak-i-nd- the City of Key West Building Department construction permit issuance requirements, the Property Owner will be required to install 120-volt "hard-wired" smoke alarms in their condominium in ............. Pr o O—wn e-r-'No ise''In"-s u-1ation-.—Areem en'-'t— Page 6 of 28 accordance with all applicable codes and regulations by the required deadline as established by the NIP. Thg_f![ri:opefty Owner will be resoonsible to ensure that the smoke alarms are not installed in same areas within the condominium wher potentiam. e NIP modification work will occur-to avoid any,, al impgdarLce to the NIP constrg m i RLq_cess. In the event the Property Owner fails to install the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17. Suspension_qfj The Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delay and/or stoppages of the work. 18. Limitation on Alterations to thePra)erl The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time af the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre and Post-Construction Noise Testing Proggs§. Pre- & post- construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for pre- & post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their prop" (with the exception of repairs of Deficiencies) from the time of the u)m-coastruction noise Lget to the-post- construction noise test, In an to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatments from the time Qf ft-,pre-construction noise test to thL_ construction noise test. The Property Owner understands that the failure to adhere to this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event these requirements are not met. 20. po P - , j?eration. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and furniture as necessary. .......... ....... Prope oise Insulat ions Agreement Page 7 of 28 21, 'tili r r shall it t t t t no t t Contractor r the County, existing utilitieslight, heat, power and water to carry out the ProgramImprovements. Design22. i r t I timesr upon not ! t t - r -hours advance notice (via NIP- emailletter), the Prop" r agrees to provide to the Programr, Contractor, subcontractors, suppliers, s State and federalr I t to the Propertyto collectl ll final design and bid . These visitscould include, t not be limited t , property survey, design inspection, pre-noise testing pre-bid i it. In the event the Propertyfalls t provide access to the Propertyr all required IP Design and Bidr i i , the Propertyr shall be removed from NIPii ti . 23. Pre-Construction Acce The Property Owner agrees to provide access to the Propertyforty-eight prior to the scheduledt f NIP construction. i i it will provide the Programr with the ill to ensure that the Propertyr has met all furniture t r responsibilities. itcould result in the suspensionf the scheduledl tr r shall liablebe to the County and/or Contractorfr any and allrl ' ll direct and indirect I t thereto, r w v t Construction t scheduled times r upon t less t twenty-fournotice email andlor ) and per the established ! construction l rat, the PropertyOwner agreesto provideto the Programr, Contractor, subcontractors, suppliers, City, State and federal inspectors and consultantsto the Property to provide all required IPre-Construction t- tr i i i . These visitscould include, t not be limited to final measurement, pre-construction inspections, review of Designated Storage requirements, t construction inspections an post- construction i testing. In the event the PropertyOwner falls to providefor all required NIPt Construction visits, the PropertyOwner shall be removed from ! r the Propertyr shall be liable t r Contractor for any and all resulting damages and all direct and indirect related thereto. 25. ConstructionPeriod c, r f NIP construction contract, the Contractor will provide the ProgramManager with their final construction schedule, lei ill include the requiredr of calendar days to completethe NIP constructioni of the Ii tirog condominiums. Based on this schedule, the Program Managr will assign each Propertyr with a designatedf calendar in whichconstruction ill occur in their condominium. The Property Owner to relocate r their condominium for the entirei time period. I addition, r r agrees not to re-enter their property for any reason during their assigned constructionto safetyr the potential to negatively impact the Contractor. In the event the Propertyr falls to providefor their assignedt tin time period, the PropertyOwner shall be removed from I a_. ..._ _ ...... c. _ .... ...... Propertyois Insulation Agreement Page 8 of 28 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. 2& Construction Period Extension Due to Hurricanes. Since the NIP construction period will extend into the Key West hurricane season, there is potential for construction delays and/or stoppages, beyond the control of the Contractor, in the event of a threat of an approaching hurricane and/or an actual hurricane event. Due to this possibility, the Property Owner understands that delays may occur in addition to their originally assigned construction time period, without any fault or cost to the Contractor and Program Manager. Furthermore, the Property Owner agrees to relocate from their condominium for all additional calendar days resulting from NIP construction work stoppages due to a hurricane threat or event at no cost to the County, Contractor and/or Program Manager. In the event the Property Owner falls to provide the required additional access to their condominium due to hurricane-related work stoppages, 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. 27. Di q�y pf Pre--Existinq-Deficleilgips During Construction. In the event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. 28. Impact of Unforeseen KWBTS Bui�Idipg, Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days due to unforeseen building conditions that may arise and complicate the NIP construction. 29. Existing: Window / Door Treatments, Shades and Blinds, The Property Owner understands that, after the installation of new NIP acoustic window and doors, the existing window and/or door treatments, shades and blinds may not be compatible nor able to be re-Installed due to size differences between the new and existing windows and doors. 30. Existinq Crown Molding, During the installation of the new acoustic windows and doors, the NIP will be providing now "standard" replacement interior trim and sills. The Property Owner understands that the NIP replacement trim will not match custom and/or specialized crown molding patterns and/or custom window and door trim. After the completion of the NIP modifications, the Property Owner will have the ability to make modifications to the NIP interior trim at their own expense. Property Owner Noise Imulation Agreement Page 9 of28 31 Communication Requirements. The Property Owner agrees to read and review all ki'lVe Us and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner falls to meet this requirement, it could result in removal from NIP participation. 32. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects, 33. Cooperation in Clearing Titl Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (1) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (11) secure the written consent of any and all mortgage hoI ders to the Property Owners conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 34. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these ften--is. 35. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 36. Salvage ofuuu„Materials & Equipment. If the Property Owner desires to retain any of the material or equipment removed ftorn 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 Owners sole risk and ® The County assumes no responsibility for the condition of the material, equipment or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those it to be salvaged. In the absence .......................... Propen)v Owner Nome Imulation Agreement Page 10 of 28 of such a written agreement, all it shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 37. P ro �� ", - , V Insurance, During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owners sole cost and expense, to maintain a homeowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38. Dming and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 39. Labor and-Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants', and contractors and supplier's with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 40. a9k_gLEm2@_q. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 41. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant &r—c6odition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 42. Release of Easement'. In the event that this Agreement is canceIC ed or the Ccuiii—y--determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100-00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear the title to the Property. Prope oise Imlotion Agreement Page I]'of 28 43. A Ahority to Execute On Behalf Qf Coymy. By Resolution No. 2004, duly motioned and passed at a lawfully announced public tlng, the Boa;;—of County Commissioners of Monroe County, did, on the lPh day of March 2004, grant full authority for the County Administrator to execute tiTis—Agreemerat on behalf of the County without further action by the Board of County Commissioners. 44 Attachments. Attachments to this Agreement include the following, which are incorporated inio_ii�ii_Agreernent by reference. a. Exhibit A: Program Policy Statements, b. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement 45. General Conditions. a. GoverilLng Law, Venue j _Eqqg� (1) This Agreement shall be govemed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding, (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and custornary prDcedures required by the circuit court of Monroe County. b. Binding_Effect, The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. —---—------ ............ Property Owner Noise Insulation Agreement Page 12 of28 c. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent 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. AgIbority, Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by I . ® Duration of A aree rye ent. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasoriably required to effect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. f. Acce-Aance of Gifts Grar-its, Assistance Funds 2r Bequests, The County and Property Owner agree that each shall be, and is, empowered to a—c—cept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. g. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of tl--iis 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 , i M #es or Dls@gLqeme ts. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and corifer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. L Nondiscrimination, The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order, The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin,, (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U. ), which prohibits discrimination on the basis of handicap, (3) The Age Discrimination Act of 1975, as amended (42 U- 101-6107), which .......................... Property Owner Noise Imulation Agreement Page 13 of 28 prohibits discrimination on the basis of age; (4) The Drug Abuse Office And Treatment Act of 1972 (P.L 92-255), as amended, relating to nondiscrimination on the basis of drug abuse, (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitati 1-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health Service Act of 1912, s& 523 and 527, (42 U&C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities Act of 1990 (42 U&C. s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability, (8) The Florida Civil Rights Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), as may be amended from time to time, relating to nondiscrimination; (9) The Monroe County Humari Rights Ordinance (Chapter 1314, Article Vill Sections 13-101 through 13-130), as may be amended from time to time, relating to nondiscrimination, and (10) any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. j. ratlon. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. k. Books Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for it purposes during the term of the Agreement and for four years following the termination of this Agreement. 1. 'Covenant of No Iriterest. The County and Property Owner covenant that it presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, arid that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics, The County agrees that the officers and employees of t ant y re—cog—nize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts', doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. .................... ................. Propedy Owner Noise Insulation Agreement Page 14 of28 Solicitation/Pavment. 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 employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at Its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access, The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the provisions of Chapter 119, 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 unilaterally cancel this Agreement upon violation of this provision by the Property Owner. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure oft Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119,0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perforrn the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as ............ Propen)v Owner Noise Insulation Agreement Page 15 of 28 authorized by 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. (4) Upon completion of ttwe contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential 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 records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the 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 requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Property Owner has questions regarding the application of Chapter 119, Florida Statutes, to the Property Owner's duty to provide public records relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305) 292-3470. p. Non-Waiver of ImmuniDL. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insuranoe pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor it any contract entered into by the County be required to contain any provision for waiver. q. Rrhdi@gggs and Immunities'. All of the privileges and immunities from liability; I exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers compensation, and other benefits which apply to the activity of officers, agents, voI unteers, 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 perforrnance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r. Legal Obligations and Responsibilities' Non-DeINgfiol) of Constitutional or SigigtoU Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered 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 perrnitted by the Florida constitution, Property Owner Noise Inmiation AVeement Page 16 of28 state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or aftempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement, t. Aftestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. u. No Personal I inhililv, No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. v. Executiorirn in CounterpjrLq. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, ail of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Hqqd LmAg. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. ..........®_ Propen:p Owner Noise Imulation Agreement Page 17 of28 IN WITNESS , the Propertyr and urn executed this r nt as of the day and year first above wriften, _..... _........ _ _ _._.. ._._ ........ _.. WITNESSES---pe' PROPERTY OWNER: Signature Signature Printed Name _.... rinm ........ .......®. ._...®.._.�. ... ; ° Signature ZjA— v ; zivrjii wp ,z'a,"v w ; t«'Y¢ �a a i,1.n.,�g�+•'s at Printed Name nm ....._. .......... ._.__ ...®........ _� IT PROPERTY OWNER: gee, Signatures , ,OF S,ati,t4o t r° Print t�aJme t x � a �� `el " r Dow Printed Name o- . '•un a ' COMMISSIONERS: . :�. e i 1 . MAYOR i CHAIRMAN: 4. t®, ••x Pf V X;, • Deputy Clerk Signature u _eft �w De MOVE f Propertyn Noise Insulation Agreement �� �' - � j a 18 28 o a P J.MERCADO r I T, PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air Conditionin_q: General i itprovidingl "mink lit' t tcondominium f the NoiseInsulation Pr r modifications, the followinglimitations and restri i ill apply to all condominiums: All condensing unitsill be installed the balcony 2. All refrigerant lines (running from the balconyi its will be installed consistent withpolicy rules, maintaining i i t of 48 inches, 3. All condensate linesill be installed on the buit i ri r consistent with Boardli i t level of consistency and building architectural t i . 4. All interior AC lines t, condensate, tEnergy Ventilator (ERV) ducts will be housed in new vertical wall and corner pilasters which will be constructedto matchthe qualityf existing walls. The number and locations f the new vertical wall and comer pilaster's ill differ depending on your unique condominium l r plan and number of bedrooms. The NIPi t ill review this information it t your N I P DesignReview 5. Only electricali I that are determinedthe Programr to be deficient ill be replaced the Programf the NoiseInsulation Pr r modifications. B. Window Sill Replacement. Due to the presence of asbestos, t I ill provide customnew rr ill instead the existingrr to this revised1 , existing customill (marble, granite, ill not be replaced, This revisionill be an improvement, it i constriction t improving time ii n i . C. Custom Crown Moldina and Baseboards Restrictions asbestosThe new t requirements will restrict the abilityto remove existing customtrim prior to constructionoriginally g which will not allow sufficient time for the rl contractor to securetmatched replacement trim. Therefore, existing crown moldings, wall trim, and base, the contractor will, instead, t the existingtrim flush to the face of the new pilaster or thru wall -ill. At new pilasteri , if the try wall ac iill abuts the existing baseboards, the contractor will install standard ( " - ' painted trim t abut the existingtrim, r than attemptingto match the existingtrim profiles and materials. r the completionf the NIP construction, the propertyr will .............. __e........... Lkhibit A-Property Ownerof Imulation Agreement Page1 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging doors and sliding glass patio doors will have thresholds that are considerably higher (from the fioor) than existing door thresholds. These higher door thresholds are designed to provide optimurn protection to the interior of a condominium from water infiltration during a hurricane. E. KWBTS Asbestos Testing As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, B and C during the November 2017 to April 2018 time period. This testing included collecting 7 to 9 samples at each condominium to include gypsum board it compound, window glazing, and exterior window and door caulking. In addition, random exterior stucco samples were collected on both the "walkway" and "courtyard /b� building elevations. Depending on the laboratory analysis of these samples, the presence of asbestos containing materials (ACM) have the potential to impact several areas of the NIP construction process to include: - window removal and acoustic window installation, - door removal and acoustic door installation, - removal of portable "through-wall"AC units and the infilling of openings, - ceiling cuts required for installation of the ductless AC, - It cuts required for the installation of the ductless AC, - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, - construction of closet soffit for installation of the ERV. F. Asbestos Abatement Requirements In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: ff_qqMples show a prqs@.ncg_of ACM < 111/6 The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. 1-1111111...... ........ ...... ... ........® Exhibit A-Property Owner Noise InsulationAgreement Page 20 of 28 If sampigs show a-presence The NIP contractor will be requi to perform full asbestos abatement procedures as directed by the Environmental Protection Agency (EPA) to include: - Construction of ACM containment barrier's in all areas (walls, ceilings, closets, windowsldbors), approximately 4 feet from all walls and areas impacted by the NIP modifications. ® Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - it sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. 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 to 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 Authority,of Design Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes 3. Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split"'AC System Installation Requirements 5. Interior Ductless "Mini-Split"AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment ...... ........ .&hibit-4- opffV Owner Noise Imulation Agreement Page 21 of28 LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Condominium Unit I I B-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in ttie common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended fmm time to time, of the Public Records of Monroe County, Florida. ........... .......................... &hibit B-Property Owner Noise Insulation Agreement Page 22 of 28 PROGRAM IMPROVEMENTS Exhibit C To Homeowner of Insulation Agreement This Exhibit C represents the Program improvement package for an eligible horne that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include: a Architectural Drawings 40) Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Moustical Sliding Glass Patio Door(s) "'—......—-­--- .................................. .................. &h1bit C-Property Owner Noise Insulation Agreement Page 23 of28 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 descdbed in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, fbr and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifles 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 conceming any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "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 tl--ie Program Manager or unseen. 3. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and perfbrmance of the Program Improvements. 4. If visible, the Property Owner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either "Minor" or "Severe". 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified 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 - i�k -—--------—-------- —bi—tD—-P—r—r opety Owner Nobe Insuladon Agreement -Page 24 of28 neceSS ary repair's to the Property, to the acceptance of the Program Manager to 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. ® The undersigned hereby agree that the terms and provisions of this shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. .......... I WITNIRESS PROPERTY OWNER: Signature Jeo Signature Printed Name �P'Ogck Printed Name Signature WAAV =2-� ZVI f�-X car-�Pw Date 7" Printed Name— .......................... ........ ...... ................ ................ ............................ -------.............. WIT PROPERTY OWNER: Signature Signature Printed W,,e Printed Name Signature Date .................... Printed Name ............... W i TIM ESSES P ROPERTYO W NER: Signature Signature Printed Name ........... Printed Name I Signature bate - ------- Printed Name ................. ---—-----........... ..................................... ....... &hibit D-Property Owner Noise Insulation Agreement Page 25 of 28 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program r the ProgramProperty described i (the "Agreement") between the County Propertyand r and to whichi .....&E is attached, the undersigned, f r and on behalf f the undersigned and the heirs, representatives, assignsf the undersigned, forever releases, remises, discharges, indemnities covenants not to su , institute claimsagainst, or institute any proceedingst, the r any of its agents, officers, employees, consultants concerning any all claims, actions r causes of action whatsoever kind and naturet of bodilyinjuries r death, damage to the propertythe consequences thereof, and any oft foregoing r the r their respective heirs, personal representatives, assignsin connectionit ll Ventilation Deficienciest "Deficiencies") agai t said County or any of its officers, agents, employees, r contractors legally liable. Program2. The Improvements may include the additionf acoustical windows , removal and i filli f "through-wall" portable air conditioner units and the additionf a replacement "mini-split" ait conditioning these modificationsill result in a tighter interior i t due to the elimination all passiveinside f outside airl t was naturallyoccurring in all openings, t Program ill also include the additionrecovery ventilationit which will provide an adequatef inside outside air to the condominium required by building . Giventhe tightened interior i treated i i , the OwnerProperty agrees to assume full responsibility for the rti of the Program dutl tem and energy recoveryventilation it to avoidthe potential for mold and moistureproblems, especially duringperiods the condominium is closed1 it . 4. Due to FAA eligibility limitations, the Programwill not be providing bathroomexhaust fan treatments. Since bathroomt r showers are a source of moisture generationin the interior environment of a condominium, t r r agreesto assume full i ili r ensuring that all bathrooms have an operable bathroom exhat fan capable of properlyexhausting bathroom i t r to the exterior of the building. it should alsothat t li i KWBTS condominiumsr constructed i i vent that was designedto allowthe passivet of _.._ .... Fxhibit E-Property OwnerNoise Insulation ee nt Page 26 of28 bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condition, these original wall vents (if still present) Piave the potential to provide a pathway for unwanted air, smoke and/or gases into the condominium interior. The Property Owner agrees to assume full responsibility for the sealing of original wall vents in all bathrooms and for any and all negative impacts that may result if left untreated. 5. It is clearly a building code violation to duct laundry dryer exhaust to the KWBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to correct this deficiency by properly exhausting their laundry dryer exhaust in an alternative method that meets current building code, at their cost before the initiation of the Program construction process. Furthermore, the Property Owner agrees to assume any and all liability related to the improper ducting of their laundry dryer exhaust. 6. The Property Owner understands that the Program Improvements will not address kitchen and bathroorn ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Properly Owner understands and assumes full responsibility for maintenance of interior moisture and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph I of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew,-and/or lack of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. B. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and it to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. -------------------- ............... WITNI��! PROPERTY OWNER: Signature' rin ame Printed Name Signature Date PrInted Name .... .... ..... ............... ................. ............ ............. ...— ibis ------ &h E-Property Owner Noise Insulation 4reement Page 2 7 of28 WITNESSES: PROPERTY ... ... Printed Name rin tlName ry m _ ( Sik r4ture Date Printed Name ......................... _. WITNESSES: l Signature ntu --------------------- knied Name ante d Name i Signature Data Printed Name __......... ---__.e_ e ®._ .................... hibit E-Property Owner Noise Insulation Agra nt Page 28 of 2