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09/18/2019 Agreement/Easement-C119 �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 .. 2 •.:y, t r Heather P. Feu 12 010:55 AM Pap 1 of 4 NIP Assistantj r THC, Inc. Deed Doc Shimp SO-00 • 9 o 1 cl ., it 15 Dacula. GA 30019 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS T AGREEMENT is entered into this jZday f . 11 F; "GREGORY S. WILSON, as PERSONAL REPRESENTATIVElof ", hereinafter to as"ft Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, body politic and corporate, hereinafter referred to asmB0CC.1v RECITALS. A. The Propertyr is the fee simple titleholder to certain real property (uthe Prope6p") located in Monroe County, Florida, more particularlydescribed s folioWr Condominium Unit WEST BY THE , s condominium, together with an undivided interest in the oommon elements, acwrding to the Derjaration 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. also identified e s street address: "2601 S. Roosevelt Blvd., Unit C119" B. The is the r and operator of Key West I nternational Airport("theAirport")and desires to make properties that, through interior noise exposuretesting, . determined incompatible as a result f their exposure to aircraft noise ti I for residential purposes through the implementation f a Noise Insul tion ("NIP"). UnderC. the I , the Airportill design and install or pay for the installation f improvements and modifications to the Propertyis Property necessary to reduce interior noise levels at least 5 dB andto bringthe average inte0or 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 n implied or prescriptive easementsthat the BOCC may have obtained under applicable laws. D. The funding source for said I ill inLlr funding o United %qt tes Government pursuant to the Airportand Airway Improvement ct of 1982, and will include funding from the BOCC, acting in its capacity as the awner and operator of the Airport, Key Wast intemational Airport NI' —AvIgation Easement(Unit i 1 ) 1 E. h rope r desires tparticipatein theI hay enterd into Property Owneri Insulation Agreemerat with t ' Implementation of the I III benefit the Property Owner and the Property by providing certainremedial rare aftenuation construction an all eligible residential structures on the pry perty necessary to achievei in DNL indoor noise levels of at least 5 dB and bring the avers ge i t rl r noise level below in accordance with Federal Aviation Administration policy. F. The Propertyr fully understands that the NIP eligibilitycould changet some future time, but is currently based on the 2013Existing as ftfon Noise Exposure acceptedy the l Aviation Administration ("the " n December , 2013. G. The NIPill be administeredin accordance with the current FAA Order 5100.38, Mport Improvementboy H. It is the purpose f this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms hereinafter set forth. NOW f r and in consideration ofth improvements to be made to the Subject Property throughthe NIP,the receipt p of i h is hereby ackn6vAedged by both parties, and in consideration incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the grey as follows: . The PropertyOwner on behalf of the Pmperty Ownerits heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successorsig , a perpetual avigation easement over the property. The use f the Easement shall include the right to generateand emit noise and to cause other effects as y be assoclatedwith the operation of aircraft over r in ,the vicinity f the property. This Easement shall apply t all such aircraft activity t t it present or in whatever r duringUon t, , r f Airport, and it Beira the intent of the parties that all such Airport activityshall be deemedto be included within the purviewf this Easement. 2. This rat shall be perpetual In nature and shall bind and run with the title to tta property and shall run to the benefit ofthe BOCC orits successorin Interest as owner and operator of the Airport, . The Property Owner bn 'behalf of the Property Owner, its heirs, assigns and in interest,does hereby release the , and any and all related parties of the BOCC, including but not limited to BOCC members,, officers, managers, tits, serva'rits, employees anlessees, from any and ali'dalms, demands, damages, , liabilities, costs, r uses of actionf every kindmature for which the Property Owner or its heirs, assigns, or success urr ntly have, have in the past possessed, r will in the future possess, as a result of 'Airport operations or aircraft activities and nolse levels related to or generated by Airport activity, or may y hereafter have as a result f use of this Easement, including but not limited to darnage to the above-mentioned property or contiguous pr6perty due to nois , and other effects of the operation of the i naf AINIP—Avigation Easament(unit t 1 ) P of s Airport or of aircraft landing or taking t the Airport. 4. This Easement expressly excludes and reserves to the Property Ownerand to the Property is heirs, assignsin interest, claims, demands, damages, debts, liabilities, mays' or expert's fee,. or causes of action for physical damage or personal injury caused by any aircraftr part of any aircraft using the Easement that does identifiable physical pmperty or injury to a person on the p.roperty by comi into direct physical contact with the property or the person on the property, w Should either party hereto or any of their successors or assigns In interest retain Ansel to enfomeany of the provisions herein or protect its Interest in any arising r this Agreement, or to recover damages by reason of any allegedbreach of any provision of this Agreement, the prevailing arty shall be entiffedto all damages and rases incurred including, but not limited to, attorney's attorney' fees andcosts Incurred in connection therewith, including appell t action. m No provision f this r t is to be interpreted for or against any party because that r that legal representative drafted Such provision. "hi b r malt shah be interpreted ra construed accordingto the laws of the State of Florida. breach of any provision of this r nt may be waivedunless in writing. Waiver of any one breach of any provision of this Agreement shall not be deernedto be a waiver f any other breach of the same,or anyother provision of this Agreement. This Agreement may be amendedonly by wriffen. Instrument t by the parties in interest t the time f the modification. In the event that any one r more covenant, condition r provision in herein is hold invalid, void or illegal by any court of Competent jurisdiction, the shall be deemed severablefrom the remainder f this Agreement and shall in no way affect, impair or invalidate an other p vi l n hereof so long s the remaining provisl6ris do not materiallyalter the rights and obligations of the pardes. if such condition, co,venant or other pmvision shall be deemed invalid due to this scope or breadth, such v rant, condition or other provision shall be deemedvalid the extent f the scoper breadth par i e law. ® In the event the Airport shall be subdivided into more than one parcel,or the Airport or portion thereof becomes subject to operation, management or administration by a p in addition to or in lieu of the BOCC, then and in that event the parties agree that same- shall not terminate or otherwise t this Agreementso long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. . The Property n r agrees t at t o Property Owner shall bar and be responsible for all costs of maintaining and operatingn sound aftenuationtrial red equipment installed in the Property by or on behalf of the Key st In atfl Airport I —Avi stlon Ease Unit 11 This EasementAgreement is executedof the date first v ri n. PROPERTY OWNER—: - PROPERTY OWNER: �' a.� �. � rYri catg ) f Printed Name Printed Name .. Date bate _...._. �. STATE OF .. --- COUNTY OF,„ The foregoing instrument wasackno leg re me t is LL day o - 3 � �� 20_F a, ,. by�itt� y� f yiJe, t€i, s,ti �1,, I(C^-ss,�",£ PFWG orName(s� £ Ytsz r.^`}r.�tiL �n ' ..__'.... MfyCommissionExplre- N €pry 15ublb Signature NOTMVIPUBLIC RjowDA m iMAYOR- ea m , Are W rin Printed N ,•re _ Signature fy't t ( r!h I ame STATE OF FLORIDA ��... COUNTY OF MONROE The foregoing instrument was acknowledged ` 20� byas.. Mayor of the Monroe County Board of County Commissioners, politic and corporate. ........_.Y. .0 ...... Ina tu.. _...._.. -.--... My Commission El FORM ............ -.--.------- t International g s a �. ( nh 11 ) w- PED P IWM , —- 4 Address: (,v....West bv the SepUnit ... .__ �: Name(s Estate."'Of Sherman_MqVej.E:h Bywater PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISEINSULATION i 'Agreement") is made and effectivethe date last below w rift n by andbetween MONROE COUNW, a municipal corporation organized andexisting under the lavis of the State of Florida (the "County"), and the-undersigned (1h "Prop Owner), I WHEREAS, the Property n r is the sole record owner in fee simpleof certain real property located in the i of Key West, Coon Monroe, Stateof Florida, and m particularly attach hWt t " ')i and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, Statet`Florida" and in close proximity to the Property, and WHEREAS, the County desires to obtain and preserve for the use and refit of the public a right of free andunobstructed i ht for aircraft landing n" taking off from, or maneuvering about the Airport; and the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the " rn yarn" and, as part of the Program" the Property Divner 'has elected to obtain acoustical treatments and imprwiernents to the Property as more particularlydescribed on Exhibit C attached hereto (the rare Improvements"); said Program Improvements to be paidr by the County at no cost to the Property Ownerand in exchange for the granting t the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with general contractor "Contractor") provide the installation of the Prograrn Improvements, and WHEREAS, the Program is managed by the consultant team consistingof a tern manager and assistant manager, architect" mechanical electrical engineer, acoustician and construction rnana r selected by the Coon (the "Program Manager" - an WHEREAS, the Property Owner and the County mutually wire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the tenns and conditions provided herein; NOW, THEREFORE, in consideration of the terrns, covenants and conditions sat forth herein" and other good and valuable consideration" the recelpt and Property ner Noise Insulation Agreement e I of 28 _ sufficiency of which ar6 hereby acknowledged, the Property Owner and the County hereby II ; Grant of Easement. Simultaneouslyit the execution of this Agreement, the Property Owner executed and deliveredto the County are avigation easement (the "Easement") which Easement has been recorded in the public records Monroeof County, Floridan The Easement remains to full force and effect and i hereby ratified in all respects. . Pro w M__Pgkyr <<<Statements. Consistent t the ram � r Federal Aviation Administration Airport Improvement r r policies and procedurdig, the Program Manager has developedseries of Programliq ,y Statementstill construchon and eligibility restrictions, 'Thy Property Owner understands that prescHbed Program Improvements will be consistent with Program Policy Statements r i t the Property Owner by the Program Manager, A copy of the Program Policy Statementsis attached heretoA. ....... t r g lrn[,,.) eats. 'The County agreesto pay for the Program Improvements described in Exhibit C attachedhereto. 'The Program ]mprovements will be approved bythe Property Owner andCounty, managed by the Programany r, and performedthe Contractor. 4. I i gpeti ..... . The r shall not i r lnt rt r Wt t tr t r's bill 6-select approved product manufacturers n subcontractors n the preparation of bid submittals. 'Tb insure a competitive nvi nt, the Property Owner is prohibited from 1 any discussion or communication withthe Contractor in relation to the Program, the contractors b1 , or this Agreement until after award of the construction contract by.the County. Failure of the Propertyr to comply with this provision shall, at the option of the County in its sole discretion, result In disquallfication from the Program and cancellation of this Agreement. 5. Construction....Contradt. 'The will award the contract for the Prograrh procedures., ,dme Improvements consistent O tt r l are n competitivebidding ire policies contractand will require the Contractor to complatethe Program Improvements it in a time period defined by the Program Manager. 6. re- & Post-Constriction Rem.x-msibilifies. The Property Owner shall � post- construction es I tlltl n require rat pertaining t both pre-construction and post,- a. Prior to the start of NIP construction, the Property Owner shall meet all Pre-Construction requirements to include: Removing all valuables (such as jewelry, ins pans, antiques, heirlooms, etc.) from their condominium; Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required `clear area,," It Property n r Noise insulation Agreement Page 2 ,f 28 spacein sketch) for the Contractor, When doing so, the Property Owner will have the ability to utilize the complete "floor to calling" space. Removing f all excessive furniture ara belongings from the condominium that will not fit In the "Designated St "; Removingall window and door treatments sale as blinds, plantation shutters, etc.) and storingthem in the "Designated S Area", 5) Removing all electronic and dust-sensitive items from their condominium or wrapping vAth protectivepoly before, t rir them in the "Designated Storage pace "; Removing all wall hangings (such as mirrors,, 1 s, hanging sherives, etc.) and storing them In the "Designated Store Spy "l Moving all small items and belongingsinto either the closets or bathrooms s outlined in the i ra t t rage Sp' ace Sketch" b. After completion of the lP construction, the rap" caner shali meet all Post-Construction requirements to include: Moving of all furniture and belongings stored in the "Designated Stor Areas" back to their original positions in the condominium: t condominium Moving f any iv furniture and belongings back into 1 Re-installation f all wall treatments, door treatments and wall hangings back to their original positions in the inir . . In the event the Property Owner fails to perform any and .all of the above Pre-Construction responsibilities, the PropertyOwner shah be removed rfrom NIP participation and the PropertyOwner shall be liable the County and/or Contractor for any and all resulting es and all direct and indirect eta related thereto. . In the event the Property wryer falls to performany and all of the above Post-Construction resp r ibilities Property Owner shall be liable to the County and/or Contractor for any all resulting e and all direct and indirect costs related thereto. ImL)edinq Construction. Once construction of the rarer Improvements begins, the Property Owner shall not impede constructionr alter construction schedules. In addition, the Property Ownerall prevent any and all tenants that may occupy the Property duringthe construction of the Program Improvements from impeding tru tion or altering constructi r� schedules. lr the evert the PropertyOwner r an tenant occupying the Proper impedes n tr tion or Propertyner Noise Imulation Agreement f alters the str ti schedule, the Property Owner shall be liable to the Contractor and the Countyfor and damages and all direct and indireCt costs related thereto. Safe,8. r i q Environment. The Propertywrier shall be responsible for providing a safeworking n it r t fbr the Program are r, Contractor, subcontractors, suppliers, and Cityj County, trot r federal inspectors. a. Throughout hoot all phases of design and constriction of the Program Improvements, the Property n r shall be responsible l for: `t) Providing 9 wor it n l nt that is free from potential health risks blohazard conditions, hazardous chemicals, obstacles, weapons of any kip and/or Isms; Refraining from verbal abuse or profanity, 3 Refraining ssiphysical contact; and Insuring that all pets are completelysecured and contained. b. In the event the Property Owner falls to meet any of the foregoing conditions, the Program process may, art the n 's discretion, be temporarily suspend.ed at any time, In such event, the Pmgram Manager shall notify the Property Owner in writing, stating the rr ivy action(s)a n condition(s) requi to be completed or pefformed by the Property Owner prior to the County resumingthe Program process. c. In the event the Program recess is not resumed due to the Pmperty Owner's failure to completethe corrective action(s) and/or condition(s required by the Program Man6ger, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect sts 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 r caused by the temporary suspension of the rodprocess. . Construction ._.....clays. During t construction , the Contractor experiencemay of res n complications relating to the installation Ration f the ram Improvements. The construction contract shall provide that delays related to these unforeseen om li t ns are beyond the control of the Contractor and shall be excused so that the time for completion may reasonablybe extended. Const ion schedules may also be revised if there Is a delay in awardingf the contract or if the Program Improvements have to be re-bid re-bid in the event of lack of bidding contractorsand/or failure f the lowest responsive, responsible bidder to executethe contract, provide a payment and r anc and or show proof of required insurance. 10. Changgs t ...... f Wor.k. The Program ar reserves the right to make changes to the plans and specifications and the Program Improvements, at its . _ ..... Property er Noise Imulation Agreement Page 4 of 28 sole discretion, at any time the r I such changes do not reduce the icope or quaftf the Program Improvements scribed in Exhibit such changes are necessitated by the discovery of hidden coy Itl ,,, f detectable during normal property inspection procedures. 11. Acceptance f Work. poi completion of the Program Improvements, Programthe r shall inspect or cause the inspection f the Program Improvements to determineif they were completed carat to the terms of the retract. The Program ray r retains sole discretion t program conformance c issues as they relate to the Contractor, subcontractom, suppliers sti designs. The Property Owner is requested to aftend the Substantial Completion Inspection ra provide input to the Construction Manager with respect to the identifiedpunch-list items. In addition, the Owner is welcomet attend the Final Inspection. In the event the rt racer elects to not aftend the Substantial Completion and Final Inspections, they release surrender their abft t provide input to the Construction Manager with respect to the acceptancef the Program Improvements. In the vent there is a disagreement between the Owner and the Program ray r as to a conformancer performance issue, the Property Owner shall be required to submit the discrepancy In wHtIng to Monroeaunty (representative to be definede the NIP construction aces) wwithin y f the inspection i it to the discrepanqy. Monroera to ll them make a determination asto the acceptability of the raf ce erf ce issue and any remedial action that may need to be taken. County s all e the filial arbiter f gray rafr f erfr any /Issues. ill the Props Owner to submit the wriffen complaint within the time period specifie'dabove shall thereafter foreclose the Property n r t to file such complaint. 2. Tennination oL&Mpement. The Property Owner understands that the signing of this resent initiates both the BIDand CONSTRUCTION PHASES of the Program Improvements to be performedin accordance withthe Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the erf r any f the Program Improvements after the award f the construction contract, the r r will be liable to the Countyfor any and II damages andall direct and indirect caused thereby. 3s War "tlea e rnt rant represent r arrant the level f noise reduction that the Property Owner W I experience within the r result of the Program Improvements perf e as part of the Program. . The County agrees that its wntract with the Contractor will include stand one year warranties from the ntr ct r for all materials and workmanship. Such one-year warranty periodall commence as of the time f the acceptance of the ark as providedfor in Paragraph 9. . At the and of construction, the Program Manager will provide the Property Owner with a Warranty & Final Closeout Package whichwill contain copies of the warranty policies, product instructions, esi ra documents and legal documents. As condition of receiving the Warranty & Final Closdaut Package, the Property ner ........ Propertyner Noise Insulation Agreement e 5 of 2 firstmust submit a completedOwner Satisfaction Survey to the r r Manager. After receiving the Warranty & Final Closeout Package, the Property Owner understands that the warranty policies for products used in the construction of the ProgramImprovements differ among product manufacturers. In the event of claim, the Propertyn r is solelyp r ihi for pursuing all future r warranty issues �. directly with each product manufacturer. c. In the event of a claim, the Property Owner shall be solely responsible for, and agreesto contact the Contractor or product manufacturer directly t coordinate any required rr n service and agrees to look solely to the general contractor r the product manufacturer fbr fulfillment of all warranties and for resolution f all product or construction warranty 1es & 1 The Property Owner'sinquiry is not directly related to either construction warranties or product warranties (such as window cleaningr product maintenance) regaI f whether the Propsrty Owner's lnqui arises during the r m r warranty period from the Contractor or thereafter; The Property Owner believes that warranty service is required with respect to construction warra t issues, and the one-year warranty period from the general contractor has expired, The Property Owner believes that service is required ith respect to product warranty issues, the advertised Fran pedod fbr the product not expired andthe manufacturer is currently n i its business, are Propertyar believes that service is required with respect to product warranty issues, and the advertised arrant period for the product has expired. 14. Pro- xi ti a -_Deficiencies. The Propertyill be require to sign f (Deficiency of Harmless Agreement) which will impute all responsibility ill and liability to the Property Ownerfor any and all present Pre-Existing Deficienciesat the Property, whether seen or unseen. 15. Pre- orb yet r are . The Owner will ired to co �pl to any and __ li r .M-..__. , as re it the it t successfully ao o to the NIP acoustic modifications. The Prop y r will be rec:ulred to coMpjqtq1 Opsictnated Pre_... .....-....�.�pl ..items utilizing,_ _ i own p and 1.,� r the (I_tpir ...deadlines as established _t theNIP.,:. I the avant the rep Owner .falls to complete the designatedr - o items the established NIPdeadline, the Property Owner shall be removed from i participations and the Property Ownershall be liable to the County and/or Contractor for any and all resulting gas and all direct and indirect sts related thereto, 16. _Cltv of Kev West "Hard-Wired" s c juirement. In compliance with the City of Key West Fire Marshall and the City of Key West Building Department construction permit issuance As it eats, the Property Owner will be required to install 1 -volt "hard-wired" smokealarms in their condominium i _.................... P�Vperty Owner Noise Insulation Agreement a 6 of28 accordance Wth all applirAble codes and regulations by the required dea as dline tdlid by the NIP. 'The ProiArty,,0vjner will be responsible to ensure that the smoke galarms are not installeda r .u®within�twhere modificationwork will r, mold �: �� , i In the event the ropy r Its t install the designated-"- it d" alarms_josmoke the established NIP deadline, the Property Owner shalt be remove from NIP participation,. 17. r ,,inof _ Process. 'The Program temporarily suspended at anytime during the deli, and/or constriction phases upon discoveryi nni due to their potential impact on the Program Improvements n duct warranties. 'The r process will not resume until the Property Owner has corrected all related problemsto the 'ti f tin of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner will be liable .t the County for any and all damages and all direct and indirect costsdue to delay r stoppages of the work. R Limitation on, Alterations to the rif . ""l Props Owner agreesnot to make alterations, or to permit any tenant occupying any portion of the Property to make alterations to the existingin oars and/or walls from the time of 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 fts solei r ti , result in an immediate suspension c&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. ,n Pre andPost-Construction Noise tin, ... .. Pre post- construction ri t sting i I rat Program process that. is designed t measure anddetermine the actual achieved noise level reduction level at treated properties. It selected by the Program Manager for pre- & post-construction noise testing, the Property caner agrees to provide access to their property, for testing and agreesto not to make alterations to the interior of their property (with the exception of repairs efficiencies) from the time of the pre-construction noise test to the post- construction noise_test„ In an effort to insure consistent noise data collection, the Property Owner also reel to preserve the interior layout of furniture, floor coverings and window tr tmen .._ the i__._ .of the cares t ti noise test t the t ,- construction__...... noise text. The Owner understands that the failure t d t this requirement may .result in corruption the moles 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. :,erasion. reasonably requested, the Props caner shall cooperatewith 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, ll hangings and furniture as necessary. ............. Property Owner Noise Insulation Agmement Page_ 7 f; 21. Utilities. 'Thy Property Owner shall permit the Contractor to use, at no st to the Contractor or the County, existing utilities such as light, heats power and Ater necessary to cany out the Program Improvements., 22. Deskin twenty-four upon °� times and/or not less then email r r, the Prop" weer agrees to provideto the Program Manager, Contractor, subcontractors, suppliers ours , St at federal inspectors and consultants access tD the Property to collect and developall final design andbid documents. 'These visits could include, but not be limited , property design our material inspection, pre-nolse testing n -bid visit. In the vent the Property Owner fallsto provide to the r for all required l Design ld Process visits, the Property n r shall be removed from NIP participation. 23. Pre-Construction Accm 'The rap rt r Owner agrees to provide access to the Property f ,- t t hours ri r to the scheduled start of NIP construction., 'This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture. styresponsibilities. Failure could result in the suspension of the scheduled NIPconstruction and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect st related thereto. ,d Pre and Post Construction l At scheduled times and/or upon not less than twenty,-four advance notice (via AJIP emag andlor letter) ,and per the to lished NIP constructionschedule assignment, the PropertyOwner reel to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required r _ nstr tJon and Post-Construction v1sits, 'phase visits could include, but not be limited to final measurement, pre-co'nstruction inspections, review f Designated torsge Space requirements, post construction inspections and post,- construction ra t testing. In the went the Property Owner falls to provide access for all required t re and Post Construction AsIts, the Property Owner shall be rerh6ved from NIP participation an the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25. Construction......... . Period .Access, n f Iconstruction p .... i.....w rcontra , the Contractor, will provide the rae Manager with their final construction schedule, which will include the required nU b r of calendar, days to complete the NIP construction in each of the participating n i in ,n Based on this schedule, the Program Manager will assign each Property Owner with a designatednumber of calendar ay in which construction will occur in their condominium. 'The Property Owner agrees a to relocate f their condominium for the satire assigned time o . In addition, the Property Owner agrees not to re-enter their property for any reason during their assigned constr ctlon period due to safety concems ar the potential to negatively impact the Contractor. In the avant the Property Owner fails to provide access for their assigned construction time period, the Property Owner shall be removed from NIP .............. ____. __................... P�Vperly Owner Noise Insulation Agreement of 2 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, 26. Construction Periodi Hurricanes. ins the I construction p � ill extend into the Key .._.West hurricane season,.. ere is potential for construction t n r stoppages, beyond the control i f the Contractor, in the evert f a threat f an approaching hurricane and/or an actual hurricane vent, Due to this possibility, the Property Owner understands that delays may occur in addition to their originally assigned construction time ri , without n r It or cost to the Contractor and Program, Manager. Furthermore, the Property Ovmer agrees to relocate from their condominium for all additional calendar days resulting from NIP construction stoppages due to a h rri rye threat r event t n at to the County, Conti-actor am `gram Manager. In the event the Property rr° falls to provide the required additional access to their condominium due to hunicane-related workstoppages, the Property n r shall be removed from NIP participation and the Property Dwriershall be liable to the County and/or Contractor for any and all resulting arr s and all direct and indirect costs related thereto. 27. Discoverv. f Pre-Exisfinci DeficienciesDuring Construction. In the $ art the Contractor discovers pre-existing deficiencle the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and rernedlateeach deficiencies in an effort to reduce anynegative impact on the scheduled construction period. The Property Owner understands that depending on the firning of the pre-existing deffcl ric air, the 1 n to ctior p doh may need to be extended, at no fault of the Program Manager or Contractor. 28. Impact-,of Unforeseen,KWBTS BuijdiDq_�QoqdItipns on Construction p . 'rho Property Owner understands that unforeseen building conditions that may anse duringthe i n tr cti may have the potential to increase the ort ire l scheduled tior 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 original l - the led construction completion do to may be delayeda few dditi :n l days due to unforeseen bUilding conditionsthat may arias and complicate the NIP construction. . ist.n t_.__.rode o . trnpnta& p .... n Blinds, The Property Ownerunderstands that, after the installationof new I acousticwindow and doors, the existing windowand/or door treatments, shades and blinds may not be compatible nor able to be re-Installed atalle o to size differences between the new and existing in and doors. 30. Existing Crown Moldirkg, During the installation of the new acoustic windows and doors, the I ill be providing new "standard" replacement Interior trim and sills. The Property Owner understands that the l replacement trim will not math oUatom and/or specializedcrown moldingpatterns and/or custom window and door trims After the completion of the NIP modifications, the Property pe wrier will have the ability to make modifications to the NIP interior trim at their own expense, Property ner Noise Insulation e en e 3 . Communication _.. of it ... t rc The Propertyr agrees t read and review all NIP emallsand/or letters in a timely fashion which are being providedthe NIP to ensure schedule conf r ante, In the event the Property Owner falls to meet this requirement, it couldresult in removal from NIPi t i .. . Title. Examination. The ProgramManager has obtainedr vWll obtain, at its sole cost and expense, are "Abstract ofTitle" to ensure that the Property title is free from liens and/or title defects. 33. Coop ration in CleadrIg Title. Prior to the commencement of construction of the Program Improverfients, the Property Owner shall cooperate with the County its order t i correct any Utle defects affecting the which are disclosed y the "Abstract Title" and in the sole determination of the Countyserve t invalidate Easement, and ll secure the wriften oonsent of any and all mortgage holders to the Owners s conveyance f the Easement to the Countyif the County eta Ire that it is necessary or desirableto do so (collecthfely, the "Title Matters"). If, pdor to the t .of construction of the Program Improvements, the , in its sole discretion, determines that the Title Mefterstirr the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement hall be terminated. 34. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following visions: 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 reasbnably be requested the Program Manager for Monroe Coup Afterb. final completion therear Improvements, the Property Owner shall the responsibility for maintenanceand operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears anyresponsibility for maintenance andoperation f these items. . _Reduction . h . o r it Infiltration. he r Ow nerl _ required to sign :k l (Ventilation old less Agreement) i imputes I II responsibility to the Property Owner for the proper maintenance of interior moisture humidity levels, 3 . SelvaLip. of Materials & Eqi ... t. If the Property Owner desires to-retain any of the material or equipment removed from the Property as a result of the ProgramImprovements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the wr sole risk and expense. The County assumes no responsibility for the condition of the material, equipment or surrounding surfaces as a result of the owner-requested salvage. The Property wrier and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence Property Owner Noise insulation Agreement Page 1 f such a writtenagreement, all items shall become the property of the Contr .t rm Materials and equipment not listed for salvage by the Property h ll become the property f the Contractor. Insurance. During Programconstruction period, the Contractor W11 provide builder's risk insurance r for the Property, The PropertyOwner shall have the option, at the Property Ownees sole cost and expense, to maintain a homeowner's Insurance policy for the duration f the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor'sbuilders risk insurance "ll cease, and it is advisable for the Property Owner to obtaininsurance to cover any value added to the Property by the Program. a i_ inri and Effects of Construction. The Pmperty Owner understands that there is a chance that construction itself may exceed the Contractoes original projected construcdontime ri a The Property Owner also understands that the constructibn may involve substantial inconvenience and coup generate significant quantities of -dust and debris rendering portions of the Property uninhabitable for extended aria f time. . m Labllor,_,And Material as m- The Property Owner releases and forever dischanjes any and all claims, suits and actions against the Program Manager; the County and h officers, employees, agents, consultants, and contractors and suppliers it respect to issues relating to the conformance f 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 rat ct r. 40 gal art , 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 Properly. r hereby agrees to provide the buyer with a copy f this ant prior to the closing sale conveyance or other transfer, and t transfer all of the PropertyOwner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property, a Waiver. No waiver of, acquiescence in, or consent to any brelach of any term, covenant r—condition hereof shall be constniedas, or constitute, a waiver of, acquiescence in, or consent to any other, further or, succeeding br ach of the same or any other term, covenant or condition hereof. a Release of_ Easement. In the avant that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida, Property Owner understands that it is the, Property Owners responsibility to insure such payment t is made in order t "clear" the title to the Property. Propeny Owner Noise Insulation a ent Pagge 11 ,f 28 1 Authorky toExecuteOn Behalf....Of CoymyResolution No. 111 „, dull motioned and passed at a lawfully announced pubk MWtlng, the f County Commissioners f Monroe County, did, on the 1701 day of, March 2004, grant full authority for the County Administrator to execute this r r rat ors t h if of the Coanty without further action by the Board of County Commissioners. 44. tth tintsAttachments to this Agreement include the following, which are incorporated into this Agreement by reference. M Exhibit : Program Pokyt meat , b. Exhibit B. Legal Descdptlon of Property Exhibit Q Program Improvements. da Exhibit Deficiency Hold Harmless Agreement e. Exhibit " Ventilation HoldHarmless rep tint 4& General Conditions. as Goveming, Venue, Irrt r� ti Costs. Fees. This rep tint shall be governed by and construed in accordance with the Lees of the State of Florida applicable to contracts madeand to be performed entirely in the tat . In the avant that any cause of action or administrative proceedingis.instituted for the enforcement or lnterpretatlon f this Agreement, the County and Property Owner agree that venue will lie in the appropriate court before the appropriate administraUve body in Monroe County, Florida. County and Property Oviner agree that, in the event of conflicting interpretations of the terms or a term of this r tint by or between any of them, the Issue shall be submitted to mediationprior to the institution of any other administrative or legal proceeding, 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 Dr interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an aWird 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 customary procedures required by the circuit court of Monroe County, w Bindinq EffeThe 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. Pffllmrty Owner Noise Insuladon Agreement Page 12 of 28 . agyqmhfflbL if any term, covenants condition or provision of thi Agreement r the application thereof to any circumstance r p n shall be declared Invalid or, unenforceable to anyextent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisionsf this Agreement shall not be affected thereby; and each remaining term, covenant, r iti n and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unlessthe enforcement of the remaining terms, covenants, conditlofis andr i i n of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. h rl, ta Each party represents and warrants to the other that the execution, delivery and performancef this Agreement have been duly authorized by all necessaryCounty and Property Owner action, as may be required law. e. Duration of gf __... & This Agreement shall commence n the execution of this Agreement, subsequent to execution by the Property r and the County and shall remain in effect rfor a periodreasonably required to effect the Program rove .eats (the "), except as may be sooher terminated in accordance with the provislons of this Agreement, fa Acceptance of If nos. sis � r r agggests. The County are Property p Owner .agree that each h lI be, and i , empowered to accept fbr the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be use for the purposes of this Agreement. M Claims for Federal or State Aid. The County and Property Owner agreethat each shall be, and i , empowered to applyfor, seek, and obtain federal and state funds to further the purpose of this Agreement, providers that Iapplications, requests, grant pal , and funding .liittin try the Property .Owner shall approved the County prier to submission. ..., atic , f is to r i gr r _its. The County r Property Owner that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives df each of the parties. If the issue or issues are Mill not resolved to the satisfactionf the parties, then any party shall have the right to seek such relief or remedy as may be providedthis Agreement or by Florida law. 1") No n l r . in n. °h County arty Property Owner re that there, will be no discriminationagainst 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 f any party, effective the date of the court order. ,,.The County and Property Owner agreeto comply with all Federal n l ri a statutes, and all local ordinances, as applicable, l tir to nondiscrimination. These include t are not, limited to. Title Vl of the Civil Rights Act of .f Q - which prohibits iscri inati n on the basis of race, color or national origin; 2 Section 504 of the Rehabilitation Act of 1973, as amen .&CC s. , which prohibits discrimination on the basis of handicap; The Age DiscriminationAct of 1975, as amended . .C� ss. - , which Property neNoise Insulation a e t Page 13 of 28 prohibits is rl in tin on the basis of age, The Drug Abuse Office And Treatment t �L -2 amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse And AlcoholismPrevention, Treatment o l bi it tion Act of 1970 1. - ended, relating nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service of 1912, s . U.S.G. and mended, relating to confidentialityof alcohol and drug abuse patient cords; The Americans With l bi iti t of U &C. & 1201 Note), as may be amendedfrom time t time, relating to nondiscrimination on the basis of disability; The Florida Civil Rights Act of 1992, ter 760, Florida Statutes, and Section 509.092, Florida Statutes), as may be amended from time to time, relating to nondiscrimination, The one Countyi hta Ordinance (Chapter 1314, Article Vill Sections 13-101 through 3- 0 , as mayended from time to time, relating to-nondiscrimination; and any other nondiscrimination provisions visis in any federal or state statutes or local ordinances which may applyto the parties to, or the subject ar of, this Agreement. j. bon. In the avert any administrativer legal proceeding i instituted against either party relating to the fbrmatlon, execution, performance, or reach 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 this Agreement or provision oUthe services under this Agreement. The County and Pry Owner specifically agree that no to this Agreement shall be required to eater into any arbitration proceedings related to this Agreement or any tta l ent or Addendum to this Agreement. __. Ra and.Documents. The County andweer shall maintain tain books, records, and documentsdirectly rtine t to perfonnance under this Agreement in accordance with generally accepteduntie rin l la consistently applied. a h party to this Agreement or their authorized representatives shall have reasonable and Urnely access to such records of each other party to this Agreement for audit purposes dudng the term of the Agreement and for tour years following the termination of this Agreement. 1. Covenant of Interest. The r t n Property Owner rant that neither presently has any interest, and shall not acquire any interest, which would conflict. in and manner or degree with its performance under this Agreement, rid that only interest at each is to perform and receive benefits as recited in this Agreement, Code of Ethics. The County agrees that the officers an employees of the County recognize and will be required to comply with the standards of conduct relating to publicofficers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited , solicitation or acceptance gifts-, doing business with one's agency, unauthorized compensation; misuse of publicposition, conflicting employment or contractual relationship; and disclosure or use of certain Property nee Noise Insulation Agreement a 14 of 28 raw No _ liit .tify__.ment. 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 worldrig solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, r firm, other then a bona fide employeei solely for it any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making f this Agreement. For the breach or violation of this provision, the Property Owner agrees that the Countyall have the right to terminate this Agreement VWthout liability and, at its discretion, to offset from i s owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. . public Agcos s' 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 y 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 y the Property Owner, Public Records Compliance. Property Owner must comply with Florida publicrecords laws, including but not limited to Chapter119, Florlda Statutes and Section 24 of article i of the Constitution ofFlorida; The County and Property caner shall allow andpermit reasonable access to, and inspection of, all documents, rrsW papers, l rs or other "public record" trlls in its possession r under its control subject to the provisions of Chapter 119, Florida Statutes, and made r received by the County and Property Owner in conjunction with this contract and later to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property caner 'to abide by the terms of this provision shall be deemed a material br,each of this contract and the County may enforce the terms of this provision in the forni of a court proceeding and shall, as a prevailingentitled to reimbursement f all attomeys fees and costs associated with that proceeding. This provision shall survive r y termination or expiration of thecontract.- 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 t : 1) Keep and maintain publicrecords that would be required by the County to performthe service. Upon receipt from the nty's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copiedit in a reasonable time t a cost that does not exceed the cost provided in this chapter or as otherwise providedy law. Ensure that public records that are exempt or confidential are exempt from Tali records disclosure requirements are not disclosed except as Property Owner Noise InsulationAgreement Page 15 f 28 authorized by law for the duration of the contract term and following plti f the contract if the Property Owner does not transfer the records to the County# Upon completion of the contract, transfer, t no cost, to the Countyall public records in possession of the r or keep and maintain public records that would be required by the County to performthe service, If the OwnerProperty transfers all public records to theours pry completion of the contract' the Property Owner shall destroy any duplicate public records that are exempt r confidential and exempt from public records is l r requirements' equire t m If the Property Owner keeps and maintains public records pltl f the contract, the Property r shall meet all applicable requirements for retaining public records, All records stared l r i ll t be provided to the County, upon request from the Coin ' custodian of records, in a format that is compatible Wth the infonration technology systems f the County& request to inspect or copy pu,blic records relating to a County contract must be made directlyto the County, but if the County does not possess the requested rd , the County shall immediately notify the Property Owner of the request, the Property Owner must provide the records to the County or allow the re,cords to be inspected or copied within a reasonable time. If the Property Owner has questionsregarding the applicationf Chapter 119, Florida Statutes, to the Property Ownees duty to provide public records relating to this contract, contact the Custodian of Public Records, Brian Bradley at a p. . .Non-Waiver of l rrl totwithstanding the provisions f .2 , Florida tut , the participation of the County and Property Owner in this Agreement and the acquisition of and commercial liability insurance ar , self- insurance c ra , or local govemment lla 111 , insurance nc l coverage shall not be deemed a waiver of immunity the County to the extent of liability very , nor shall and contract entered into by the County be required to containany provision forwalver, pprl i, and Immunities. All f the privileges and immunities fry liability; �ptl ns f __. laws, ordinances, and lea; and p lions and ll f, disa ill woekers' compensation, and other beneflts Which apply to the activity of officers, agents, volunteers, or employees of the County, when performing air respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extant to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County& u a al Oblinations a ttio ors-..__ear Of Constitutional or StattyDuties, This Agreement is not intended to, nor shall it be nstr ad as, relieving any participating entity from any obligation or responsibility imposed upon the snotty by law except to the extent of actual and timely performance thereof by anyother participating entl , in which case the performance ma a offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construeds, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, ..... Propedy Owner Noise Insulation Agreement A e 16 of 2 state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. a Non-Reliance Non-Parties, r r entityshall entitled t rely the terms, r any f them, i t l� Agreement to enforce or attempt t enforoe anythird-party cI l r entitlement to or benefit of any service or program contemplated hereunder, and the County and Propertyr agree that neither the County nor Property Owner or any agent, officer, or l f each shall have the authority to infonn, counsel, or otherwise indicate that any particular individual r group f individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, . r superior to the community in general or 'for the purposes contemplated in this Agreement. tg tisg The Owner agrees t execute such documents the ours a reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement, Personal Ll l !R� w No covenant or agreement contained herein shall be deemed to be a covenant or agreemeint of any member, officer, agent or employeef ors r in his r her individual i , and n r, off r, agent r f County shall be liable personally on this Agreement r be subject t personal liability r� accountability reason f h execution f this Agreement. . Execution in Counterparts. l grey may executed in any number f art .. � each f which ll be regarded s an or'lginal, all of which taken together shall constitute one and the seas instrument and any of the parties hereto may execute this Agreement by signingany such counterpart. a Section HeadinaS2. Section headings have been inserted in this Agreement as a rnafter of convenience of referenoe only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation f any provision of this Agreement. Property Owner Noise Insulation Agreement Page 17 cr,f 28 IN WITNESS WHEREOF, tip Property Owner and the County have executed this Agreement as of theday and year first above written. - ........... _... . WITNESSES, PROPERTY OWNER: y 9 0,111)F 7 a neI Re ntat Of its the Estate of he, an McVeigh e igh Bymfer,peceaaed) � .. PPiP'at.®d Blame 'n,;tn,v�` 1 i Pd mnted Maa I i.y r 9 D sR ', Ott IVna .............. _... WIT''N"'ESSES: PROPERTY OWNER ......... _._._.. -- ! natu f ........_.._ .._. Pdn Mama ............ . , Prin Name , F.wuu. gnature Date- CD 04 ------------ �f _. ......... .........�,...... UNTY BOARD OF COUNTY COMMISSIONERS: MAYOR a CHAIRMAN: Aft6. . VI K, CLERK.p �., r . a By: kaNaa� X i mmmmmmm ...................... ___________ u; Clerk Signature I DateJIMA r PrOVE, . OwnerPropeny is ulati a A amen �" ��` ' P 1� f� s • . �, PEM J.' ANI€iTANT C ' s i v PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. it Condlticnln�. qneral Restrictions. While providing a new ductless "mink split system to your condominium as a pail. of the Noise, insulation Program modifications, the fbilowing limitations and restrictions will apply to all condorniniums: 1. All condensing units will be installed on the balcony 2. All refrigerant lines (running from the balcony condensing unit) will be installed consistent with KWBTS Board policy rules, maintaining a maximum height of 48 inches. 3. All condensate lines will be installed on the building exterior consistent with KWBTS Board policy rules to ensure the highest level of consistency and building architectural aesthetics. 4 All interior AC lines (reft g nt, condensate, electrical) and Energy Recovery Ventilator (ERV) ducts will be housed in new vertical'wall and corner pilasters which will be constructed to match the quality of existing walls. The number and locations of the new vertical wall and corner pilasters will differ depending on your unique condominium floor plan and number af bedrooms, The NIP executive architect will review this information with you at your NIP Design Review Meeting. 51. Only electdcal service panels that are determined by the Program Manager to be deficient will be replaced by, the Program as a part of the Noise Insulation Program modifications. B Window S1111-Re play enient. Due to the presence of asbestos, the NIP will provide a new CUMOM %=jvood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will not be replaced. This revision will be an improvement, while decreasing constdcAlon cos and impruving time efficiencies. C. Custom Crown Moldl itand Baseboards Restrictions. asbestos abatement requirements will restrict the ability to remove existing custom trim and baseboard prior to construction (as ofiginally assumed), which will not allow sufficient time for the awarded general contractor to secure custom ,matched replacement trim. Therefore, ekisfing crown moldings, wall trim, and base, the contractor will, instead, cut the existing wood trim flush to the face of the new pilaster or thru all ac-infill. At now pilaster locations and, if the thru wall ac inill abuts the existing baseboards, the contractor will install a standard (314" x 5-112") painted wood trim to abut the existing trim, rather than attempting to match the existing custorn trim profiles and materials. After the completion of the NIP construc tion, the, property owner will Exhibit A-Property Owner Noise Insulation Agreement Page 19 Of28 have the option to replace the installed trim with other custom trim to matchthe existing materials and profiles. D. Door Threshold t . Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum ti l pdme entry mvVinging doors and sliding laspatio will have thresholds that are considerablyhigher (from the nor) than existing door thresholds, These higher door thresholds are designedt provide optinium protection to the interior of a condominiumfrom atr infiltration it hurricane. E. KWBTS Asbestos. tl r As required state and federal requlrernent6, THC conducted asbestos testing on all participating KWBTS rr i i a in Buildings A, B and rirr the November 2017 to April 2018 time period. This testing included ll ire to 9 samples at each condominium to include gypsum board joint compound, window glazing, n a i r window and door caulking. In addition, ranexterior sty samples are collected are trot "walkway"the air "coy l ' building ti . Depending the laboratory analysis of these a 1 , the presence of asbestos containing at is (ACM) have the potential to impact several areas of the NIP construction a to include: b windoor removal and acousticwindow installation, ® door removal and acousticdoor installation, - removal of portable `"through-wall" AC units and the infilling of openings, - ceiling cute required for installation of the ductless AC, - all cuts required the installation of the ductless - construction of vertical wall pilasters required ibr installation of the ductless AC �ystem & ERV ducts, - construction of closet soffit for installation of the ERV, F. Asbestos Abatement g it t In tho_event any samples show a presenceof asbestos containing material (ACM), the awarded NIP retractor will be required to perform the following abatement requirements during oonstruction: f sa files show _t 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 vacuumlean in the areas where surfaces are chipped, cut and/or sanded. Exhibit A-Property Owner Noise Insulation Agreement Page 20 of 2 It samoles shy r',)resence of ACM The NIP contractor will be required to performfull asbestos abatement procedures a Traded by the Environmental Protection Agency(EPA) to Inch - Construction of ACM oontainment barriers in all areas (walls, ceilings, closets, l r ), approximately 4 feet from all 'walls and areas i paced by the NIP modifications. Abatement and baggingof ldng from demolition e b certified asbestos ate t sty w, - Air sampling r t it ant areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) works - THC will be requiredto provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process t ensure proper compliance with federal and state abatement guidelinos. - The presence of ACM will have a significant impact on the I str ti n process, lengthening the construction pedod and increasing the sequencing and coordination requirements contractor craws, - Given the cost to provide required asbestos abatement procedures, the FAA will require THC to develop a designand nst ion plan that minimizes the disturbanceof ACM to ensure the rrririi i atian of construction costs, duration, and liability to the contract6r an `§ prop' erty owners. This plan will result in now property owner.requirements and desldh restrictions which are outlined below. H. t rt Decisions. r III the t. it t eke s I of t - r ram design decisions to include: Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes m Acoustl indowand Door Operational Styles . Interior Ductless "Mini-Split7 AC System"Mini-Split Installation Requirements . Interior Ductless � Ir i-S lit" C System Intedor Soffit Design and Placement . In-Filled KitchenPrime Door Policy Treatment Exhibit A-Pmperty OwnerOise Insulation Agreement Page.._21 of 28 LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Condominium nit - , CORAL BAY GARDEN OF KEY WEST BY THE SEA, a condominlum, together with are undivided interest in the common elements, according the Declaraflon of Condominiumthereof, recorded in Officialr 5 , Page 370, as amended fromtime to time, of the Public Records of MonroeCounty, Florida, Exhibit a Property Owner Noise lksulation.4greement Page 22 of 28 . PROGRAMIMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This _ represents the Program Improvement package for an eligiblethat includes the Program Improvements devel he Pnogram Managerreduce interior environment of a prop" by a minimum of five 5 decibels. typical Program Improvement package may inch 41. Architectural Drawings Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Primer Replacement l ire Acoustical Sliding Glass Patior hibit ® per a i e In tin Agreement Page 23 of 28 ExhibitDEFICIENCY HOLD HARMLESS AGREEMENT To Property Owner Noise Insulation Agreement In partial considerationf the compensation to be aid on behalf of the County and the for the Program Improvements to be made to the Property desscribed in the Agreement of eves date herewith (the "Agree erg 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, peracrial representatives, sucdassors, and assigns of the undemigned, forever ireleases, remises, discharges, indemnifies and covenants not to sue, institute l it r against, or institute any proc' eedings against, the r any of . n , officers, emp layees, consultantsand/or contractors conceming any and all claims, demands, damages, actions or ceases of action of whatsoever kind and nature n account of bodily injuries or death, damage to the consequencesand -the r f, and any of the foregoing hl rue to the undersigned or their respective heirs personal representatives, and assigns in connecdon "t ray .and all -Existing Deficiencies (the "Deficiencies") in t said County or any of its officers, agent,s, employeos, consul and/or contractors to be legally liable. M The Property r understands and it responsibility for the Deficienciespresent in the Property, whether visible to'he r r m Manager or unseen. The Property Owner understands that the Deficlencles include any deficiencies present in the Property at the time f execution of this Agreement which could include, but not be limited to, code violations, t t ter / moistur damage, hazardous t d l , infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. a If visible, the Property Owner understands that the Program Manager identify and document Deficiencies at any time throughout the Program process (including design, did and constructionprocesses). If identified .and documented, the Program Manager will classify the observed Deficiencies as either"° i t r" r" f m 5. The Pmperty Owner assumes full responsib!14 fbr the worsening of any documented Minor Deficiencies. ta . In the rare event u v r 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 weer agrees to complete Exhibit D-Property Ownerse Insulation Agreement Page 24 of2 necessary repairs to the Property, to the acceptance of the Program eager t minimize any delay or stoppages of work, 7. The undersigned acknowledge and agree that all af the release and hold armless and indemnity provisions set forth in Paragraphthis Exhibit Q apply to property damage, injuries, deaths, or damages arisingthe Deficienciesand/or all negative impacts that later result after the addition of the Programm rove .erg , The provisions othis Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. B. The undersigned hereby agree that the terms and visions of this _Exhibit shall be binding upon, and inure to the nefi the undersigned andit respective heirs, personal representatives, successors and ails ' (t�s JJu Signalu rlar � y �u Inn P jai ntatl o > t ig -71 - . n !� d f, to Pdntad Name �... .__... .. .......... .-,,,,,,,, ..... .......... ....__..,.,. _.............______.��.._......._...�_.... ____. __....�..�..�.________.. w PROPERTY OWNER: .... ..................�. .. I Signature signature ....______........�.�........ Pnnted Kama �__..... Name ._._..._. ......._. _..... Printed signature _.... ._............. ............ _ Pdnted Name WITNESSES: PROPERTY OWNER: 8 na Signature _ Print _. _. ed Name ............. Pflo6d Name Signature .................... _.............. ................... Exhibit D-Pmperty Owner Noise Insulation Agreement Page 25 of 28 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1R In partial consideration of ft 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 "Agreernent") between the County and Property Owner and to which this Exhibit E is attached, the undersigned, for and on behalf of the undo rsignednd a the heirs, personal representatives, suc=ssors, and assigns of the undersigned, lbrep releases, remises, discharges, inderrinifles 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 corice mire g 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 Vendlation Deficiencies (the "Deficiencies") against said County or any of b officers, agents, employees, conSUIrtants and/or contractors to be legally liable. 2. The Program Improvements may include the addition of acoustical windows and doors-, removal and it filling of "through-wall" portable air conditioner units and the addi'tion of a replacement ductless "mini-split" air conditioning system. Because these modifications W11 result in a tighter it edor environment due to the elimination of all passive inside / outside air leakage that was naturally occurring in all openings, the Program will also include4he addition of a energy recovery ventilation (ERV) unit which will provide an adequate exchang,e of inside / outside air to the condominium as required by building code. 3. - Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recolvery ventilation (EIRV) unit to avoid the potential for maid and moisture problems, especially during periods when the condominium is closed and uninhabited, 4. Due to FAA eligibility limitations, the Program will not be pmviding bathroom exhaust fan treatments. in 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 bath ors have an operable bathroom exhaust fan capable of property exhausting bathroom moisture to the exterior of the building. It should also be noted that the original KVJBTS condominlums were constructed with a small all vent that was designed to allow the passive exhaust of .................. Exhibit E-Property Owner Noise Insulation Agreement Page 26 of28 bathroom moisturein a central building exhaust shaft. Duringthe Prognarn design survey process it was discovered the T S buildings lack a solidcentral building exhaust shaft. Due to this existing condition, these original wall vex if still present) have the potential to provide a pathway for unwanted air, smoke and/or gases into the condorninIUM interior. The Property Owner agrees rto assume full responsibility for the sealing f odginal viall vents in all bathrooms andfor any andall negative impacts that may result if left untreated. . It is clearlybuilding code violation to duct laundry dryer exhaust to the KWBTS central exhaust . In the evert a Propertyr has incorrectly duct their laundry dryer vent to the KVVBTScentral building exhaust shafts, they agree t correct this deficiency by pr p rl h u tin their laundry dryer exhaust in an alternative th that meets current building , at their cost before the initl tin of the r nstr ti process, Furthermore, the Property Owner agrees to assume any and all liability I t to the roper ducting of their laundry dryer exhausts The Property Owner understands that the Program improvements ill not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated y the Property Owner within the interior of the condominium. The Property Owner understands and assumes full responsibift for maintenance of interior moisture and humidity levels, The Property n r agrees to assume full responsibility for any occurrence, reoccurrence or tivorsening of moisture problems and/or int rl r h rni it levelsI .the Property. In addition, the Property Owner agrees to ess=6 fell responslbft for the maintenance andoperation of the NIP venting modificationsr completion of the Program Improvements. 7. The undersigned ackn wl and agree that all of the release, hold harmless n indemnity proAsions set forth in Paragraph 1 of this Exhibit E applyt 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 Urnited to, high humidity, maid, ll ,-ar r lack of proper exhaust ventilation, The provisions of this Exhibit E shall survive the termination or expiration of the Owner Noise lnsulatGw ray-ment. B. The undersigned hereby agree that the terms and provisions of this Exhib# E shall be bindingupon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns, ..... WITN PRQR�-RTY OW ER: -� { Si n ,WE I W.. � :on, Pew Rep r d f ,�.P r 4 j6, rs r-: k s sr nu r'rp a r t t - fp !fin$ m tr ;t w F b a ty r "g Dam Printed NeMe Exhibit Owner Moise Insulation Agreement Page 27 of 28 _. . WITNESSES: PROPERTY OWNER .......... _e..------- _ In ............ ............. Printed Pd iiii; atu dae _..............® �6d OWNER:WITNESSES: PROPERTY 1 *iibure Signature Printed Name Printed Name Signature Printed _ _.....-_ .e. Date f ... ........... ibit E- p Owner Noise Insuladon Agreement Page 28 of 2