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09/18/2019 Agreement/Easement-C120 �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 PreparedHeather - x NIP Assistant Project Manager Recorded 1/20 010:55 AM PW 1 of 4 THC, Inc. Deed Doe 1 I s Suite 1 FRed.aad Recorded in OfficW Records of Dacula, GA 30019 AVIGATION EASEMENT Key West International Airport Noise1 T I T T is me into thisc,"i� y off°° 2Q , by"MONICA L. MUNOZ", hereinafter referred to as"the Properly Owner," in favor of tCOMMISSIONERS, body politic and corporate, ina r referTed t " ." RECITALS: A. The Propertyr is the feesimple titleholder to certain realp ert ("the ') located in Monroe County, Florida, described s follows: Condominium Unit No. 1 - , CORAL BAY GARDENS OF KEY WEST BY THE SEA, ndominium, ether with n undivided interest in theon elements, according to the Declaration of Condominium thereof, recorded in Official Records Book589, Page 370,ai amended from time to time, of the Public Records of Monroe County, Florida. also identified as street address: " I Blvd., Unit C120" B. The BOCC is the ownerandoperatorof KeyWest International Airport("theAirport")and desires to makeproperties that, through interior noise exposure testing, determined inoompatible as a result of their exposure to aircraft noise compatible r residential purposes through the implementation a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design install or pay for the installation of improvements and mo ific tios to the Property Ownees Property necessary to reduce interior noise levels at least 5 dB andto bringthe averageinterior noise'I v I below dB in accordancei I Aviation Administrationli ti of an Avigation Easement ("Easement") is a BOCC condition of participationin the NIP., The Easement ill supersede any implied r prescriptive easements that the BOCC may haveobtained under applicable laws. D. The funding source for said NIP will include funding the United StatesGovernment pursuant to the Airportn i Improvement 1982, and will include funding from the i in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the I has enteredinto Key t IntwrIatIonal Airport NIP-Avlgation Easement(Unit#C120) ...._. ��. _ Page 1 of 4 Owner Noise Insulation t with the BOCC. The ' implementation NIP will benefit the Property Ownern the Property by providingcertain i I sound attenuation construction on all eligible residential structures on the property necessary to achieveion in DNIL indoor noise levels of at least 5 dB and bring the average interior noise level below 45 dB in accordance withFederal Aviation Administration policy. OwnerF The Property fully understands that the NIP eligibility could change at some future time, but -is currently on the 2013 Existing ConditionNoise acceptedh I Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administeredin accordancei the currentOrder 5100.38, Airport Improvement Program Handbook. H. It is the purposethis Easement Agreement to grant to the a to I avigation easement, on terms as hereinafter set forth. NOW THEREFORE,for and in considerationof the improvements to be made to the Subject Property through the NIP,the receipt and adequacy of whichis hereby acknowledgedt parties, in considerationincorporation into this Avigationt of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalfof the Property r and its heirs, assignsII successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, avigation easement over the property. The use f the Easement shall include right to generate and emit noise and to cause other effects as may be associatedit he operation of aircraftover or in the vicinity of the property. This Easement shall apply to all such i activityAirport, r future, i r r duringoperation , o , to or from the Airportand it being the intent of the parties that all such Airport activity shall be deemed to be included 'thin the purview of this Easement. 2. This Easement shall be perpetual in nature andshall bind and run with the title to the propertynshall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. . The Property Owner on behalfthe Property Owner, its helm, i nd successom in interest, does hereby releasethe BOCC, and any and all related partiesof the BOCC, including but not limited , officers, , employeeslessees, from any andall claims, s, damages, debts, liabilities, costs, attorneys fees or causes of action of everykind or nature for which the Property Owner or its helm, assigns, or successom currentlyhave, have in the past possessed, r will in the futurepossess, lt of Airport operationst aircraft activities noise I I related t r n Airport activity, r y hereafter aresult of s this Easement, including not limited to damage to the above-mentione property or contiguous property due to noise, and other effects of the operation Airport r of aircraftlanding r taking off at the Airport. _ ® _... _e.... .. ........ Key t International Airport NIP—Avl atlon Easement(Unit 120) Page 2 of . This Easement expressly excludes and reserves the PropertyOwner and to the Property is heirs, assignsn successors in interest, claims, , damages, debts, liabilities, costs, attorneys' or , or causes of action for physical r personal injury caused by any aircraft or part of any aircraftusing the Easement that does identifiable physi I thedam'age tD r injuryt person on t in into i physical it r the person on property.the 5. Should either party hereto or any of their successors or assigns in interest i counsel to enforce any of the provisions in or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any allegedbreach any vision of this Agreement, the prevailingarty shall be entitled to all costs, damages and expensesincurred including, not limited t , attorneys fees and costs incurred in connection therewith, including appeII t ion. vision of this Agreement is to be interpreted for or against any partyu that rty or that partys legal representative drafted such provision. This Agreement shall be interpreted construed accordingthe laws of the State of Florida. o breach of any provision of this Agreement may be waivedl in writing. Waiver o breachany one provision of this Agreement shall not be deemed to be a waiver of r breach of the same oranyother provision of this t. This Agreement may be amended only by writteninstrument executed by the partiesin Interest h time of the modification. In the event that any one or more covenant, condition or provision contained hereinis heldinvalid, void or illegal by any court of competent jurisdiction, the shall be deemed severable from the remainder i t and Mall in no way affect, impair r invalidate any other provision o long as the remaining visions do not materially alter the rights obligations of the parties. I such condition, v nt or other provision shall be deemed invalid u o this scope or breadth, such covenant, conditionor other provision shall be deemed valid to the extent of the scope or breadth permittedlaw. 8. In the event the Airportshall be subdivided into more than one parcel, or the Airport or portion thereof becomes subjectto operation, management or administration in addition to or in lieu of the BOCC, then and in that eventthe partiesthat same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continuesto operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the fits running to the BOCC hereunder. . The Property Owner agrees that the Property Owner shall bear and be responsiblefor II costs of maintainingtin u in materials and equipment installed in the Propertyr on behalf of the BOCC. Key West intemational Airport NIP—Avl atlon Easement(Unit#C120) Page 3 of 4 This Easement Agreement is executedfirst above wiritten. _�e _ . .. _ - -. ...._._-- -- PROPERTY • j -- ... mm Signature Signmture ° 0 Lr.L— Printed NamePrinted Name DateDate COUNTY OF The foregoing instrument was acknowledged before me this_nl ay of 'xi,ut�,i.,u,f.u1� l ,r' i --- .- 201 a t u { by ME Property Owner Name(s) 4 �. b � �ti , y Comml ionE L icy CaerrrNrti so ry blic Wallace SignatureV. On 00 E 4arxilZa2t .1eo2 _._. _ ON OE COUNTY A F COUNTY COMMISSIONERS: WITNESSES: MAYR: � m ' Signature bign are Printed Name Signature f� I Printed Name e STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged br one�me this � �d`y 64 � , 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My I Commission I : Notary Public Signature Key West Intemational Airport NIP—AvIgation (Unit C120 PATTORNEY age 4 of 4 COUNT DIM Address: 1, Key West_ v- 1 the Sea Unit No.: C 120 Name(s): Munoz PROPERTY OWNER NOISE INSULATION KEY WEsT INTERNATIONAL PJRPORT, MONROE COUNTY THIS I INSULATION ENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and eAting under the laws of the State of Florida (the "County'), and the undersigned (the "PropertyOwner"). I WHEREAS, the Property Owner is the sole record owner in fee simple of certain realp a located in the City of Key West, County of Monroe, State of Florida, and more p rticulady described on Exhibit B, attached hereto (the " rope ); and WHEREAS, the County is the owner and operator of the Key West I ntemational Airport (the "Airo ), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the ; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed fli t 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 Intemational 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 "Prognam Improvements"); said Program Improvements to be paid for by the County t no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the ; and WHEREAS, the Countywill enter into a construction contract with general contractor (the "Contractor") to pmvide the installation of the Program Improvements; and -WHEREAS, the Program is managed y the consultant team consisting of team manager and assistant manager, architect, mechanical 1 electrical engineer, acoustician and construction manager selected by the County (the."Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions providedherein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and u .P�nqpeny OwnerNoise Insulation Agreement Page 1 oft sufficlency of which are hereby acknowledged, the Property Owner and the County herebye as follows: 1. 'Grant of Easement. i l o f ith the execution of. this Agreement, the Property Owner executed and deliveredto theCounty vi do easement (the "Easement") is ent has been recorded in the public records f Monroe County, Florida. The Easement remains in full force and effect andi hereby ratifiedin all respects. . Program Policytat sist t with the Program and/or Federal Aviation Administration Airport Improvement liciand procedures, the Program Manager has developedseries of Program PolicyStatements outlining construction and eligibilityrestrictions. The Property Owner understands that prescribed Improvements will be consistent with the Program Policy Statements provided to the PropertyOwner by the Program Manager. A copy of the Program Policy t to e is attached e t s Exhibit A. . Payment of Proqram Imiarovements. The County agrees to pay for the Improvements descri in Exhibitc e t . The Program Improvements ill be approvedthe Property Owner and County, managed by the Program Manager, and performed by the Contractor. . [Mp9qnq,_Comp titlyq Bid . The Property Owner shall not impede or interfere ith the Contractor's ability to select between approved manufacturers and subcontractors in the preparationf bid submittals. To insure competitive i nvi t, the Property Owner is prohibited from having discussion or communication with the Contractor in relationto the Program, the contractors bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply ` this provision shall, at the option of the County in its sole discretion, result in disqualffication from the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the ProgramImprovements consi ent with Federal and Countycompetitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements wtthin a time period fin r. Post-Construction of b iliti . The Property Owner shall meet II responsibilities and requirements pertainingto both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet II Pre-Construction requirements to include: (1) Removing all valuables (such as jewelry,. ins, guns, antiques, heirlooms, etc.) from their condominium; (2) Moving of all furniture and belongings into the 'Designated Storage Space " within the condominium, providing the required "clear " (white .......m....m........ .... ___ ......................_..........® ....... Propeny Oumer Noise Insulation a nt Page 2 of 28 space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete ffloor to ceiling" space. Removing id of all excessive furniture and l i the condominiumthat will not fit in t "Designated St Area"; Removingll window andr treatments (such as blip drapes, plantation strutters, etc.) and storing them in the 'mDesignated Storage Space Removing ll electronic and dust-sensitiveitems fmmtheir condominium r wrapping with protective poiyt t rm ern in t "Designated Storage Space "; Removing all wall hangings (such as mirrors, i m s w hanging shelves, etc.) and mrin In the "Designated t "; Movingll small items andbelongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" b. After completion of the NIPconstruction, the Property Owner shaH meet all Post-Construction requirem nt to Include- (1) Movirtu of all furniture andbelongings t the uDesigna,ted Storage Space Areas" back to their original positionsthe condominium- (2) Movul iI furrilture and belongings bacud Into the condominium; Re-Instailation of all wall treatments, mr treatments wall hangings back to their original positions In the condominium. . In the event the Property Owner falls to performany ll the above Pre-Construction responsibliffies, the Property Owner shail be removed from NIP participation and the Propertyr shail be liable to the Countyand/or Contractor for any and all resulting mall direct and i sr,'ect costs relatedthereto. . In the event the Property Owner falls to perform any and allof the above Post-Construction responsa iliti , the Property Owner shall be liable to the County and/or Contractor for any and all resulting ll direct and indirect costsrelated thereto. . in Construction. construction of the Program Improvements begins, the - Owner shall not impedd construction or alter construction schedules. In addition, the Property Owner shall prevent any andl tenants that may occupy the Property duringthe constructi f the Pmgram Improvements from impeding construction or aitering construction schedules. In the gent the Property Owner or any tenant occupying the Property impedes constructionr ..... . e n r Imuladon Agreement Page 3 of 28 alters the construction schedule, the Property Owner shall be liable to the rat r and the Countyr ll direct and indirect ts related thereto. B. Safe Worldnf Environment. The PropertyOwner shall be respon0le for providing a safe workingi m nt for the Program Manager, Contractor, subcontractors, suppliers, n City, County, Statel Inspectors. a. Throughout all phases of design and construction of the Program Improvements, the pert r shall be responsible t) Providing a worldrigenvironment that is free from potenUal healthrisks, blohazard conditions, hazardous. chemicals, obstacles, weapons of any kind r explosives; Refraining from verbal abuse or m i (3) Refraining from aggressive physical contact, and Insuring that ll pets are completelyI n contained. I $ In the event the Propertyr falls to meet any of the foregoing conditions, m process may, at the unt ' discretion, be temporarily suspended at any time. In such event, the Programr shall notify the Property Owner In ritiiu , stating the correctiveuI and/or condition(s) required to be completed r performed by the Propertyr prfor to the umt resuming the Program . c. In the event the Program process is not resumed due to the Property Owner's failure complete the correctiveiarid/or into requiredthe Program Manager, the Property Owner shall be liable the County and/or Contractor for any and allm mall direct and indirect t ' thereto. d. If the Program process is resumed, the Property Owner shall be liable to the Coun,tyr Contractor for any andl mall direct and Wirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Delay.5. Dudng the constructionperiod, the Contractor may expertence unforeseen lulu toons relaUng to the installation of the Program improvements. t rm contract shalli that delays rWatedto these unforeseen complications you the control of the Contractor and shall be excused so that the time for completion may m Ilbl Construction schedules may 'sad If there is l in awarding of the contractr If the Program Improvements to be re-Nd In the event of lack of biddingcontractors and/or failure of the lowest responsive, responsible i r to execute the contract, m a payment and perfbrrnance bond r show proof of required Insurance. 10. Chankiles to Scope of Work. The Program Manager reserves the right to make changesto the plansand ii m ton the Programu r m nt , at it Propeny Owner Noise 1wWatione t Page 4 of 2 sole discretion, at anytime duringthe Programi such changes do not reduce the quality f the Improvements descrip in Exhibit C and such changes are necessitatedthe discoveryf hidden it not readily detectable duringnormal property inspection . 11. Acceptance of Work. Upon completionf the Improvements, the Program Manager shall inspect or cause the inspection the Program Improvements t irn if they completed t' the terms of the contract. r retains solediscretion n authority w n conformance nd performance issues as they relate to the Contractor, subcontractors, supplier'stip designs. The Property Owner is requested to aftendthe Substantial Completion Inspection i input to the ConstructionManager with respect to the identified punch-list items. In addition, the r r is welcomet aftend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they releaser their ability t provideinput to the ConstructionManager with respect to the acceptancef the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformancer performance issue, the OwnerProperty shall be requiredto submit the discrepancy in writingto Monroe (representative to be defined before the NIP constivc1ion process) within 7 daysf the inspeclion giving r1se to the discrepancy. rat ll then determination ato the acceptabilityf the issue and any remedial action that may need to be taken. Monroe Countyshall be the final arbiter of any of n / r i m Failure t r to submit the written complaint within the time sift h ll thereafter foreclose the OwnersProperty right to filecomplaint. . 12. Terminationf Agreement. `h r understands that t thesigning f this t initiates t theI i f the Improvements to be performedin aocordance withthe Program. Therefore, . the Propertyr attempts to terminate this wit or otherwise impedes the progressf the performancef the Program Improvements r the award f the constructioncontract, the Owner will be liable the wane for any and I damages andall direct and indirect costs caused thereby. 1 . �Warranties. The County does not represent or warrant the level of noiseti n that the Property Owner will experience wtthinthe It f the Program Improvements f the Program. ® The Countyr that t its contractit the Contractor will include standard one 1 r warranties from the Contractor for all materials and workmanship. Such r warranty periodshall commence as of the time f the t f the work as provided for in Paragraph 9. ® At the end of construction, the Program Manager will provide the OwnerProperty with a Warranty & Final Closeout Package whichwill contain copies of the policies, instructions, design documentslegal documents. condition of receiving the Warranty & Final Closeout Package, the r _...._._. ne.. ... . r Noise Inmiation Agreement Page 5 of 28 m6st first submit a completed NIP Property Owner Satisfaction Survey to the Program Manager. After receiving the WarTanty & Final Closeout Package, the Pmperty Owner understands that the warranty policies fbr products used in the construction of the Program Improvements differ among product manufacturens. In the event of claim, the Property Owner is solely responsible for pursuing all future pmduct warTanty 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 manufacturar directly to coordI nate any required warranty sentice and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owners inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or pmduct maintenance) regardless of whether the Property Owners inquiry anses 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 wairanty pedod firowin-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. Pre-Existing Deficiencies. The Pmperty 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 Mg let The Property Owner will be required to compe any and all Pro-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Propeny Owner will be jnquired to complete all designated Pro-Work items utilizing, their own funds and_per the quired deadlines as establishgo_ by the NIP, In the event the Property Owner falls to complete the designated Pre-Work Rams by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable tothe County and/or Contimctor fbr any arid all resulting damages and all direct and Indirect costs reIt ed thereto. 16. Citv of Kev West "Hard-Wired" Smoke Alarm Reguirement. In compliance with the City of Key West Fire Marshall and the City of Key West Building Department construction permit issuance requirements, the Property Owner will be required to install 1 - It 'whard-Wred" smoke alarms in their condominium in .......... Proper&Owner Noise Inm1ation Agmement Page 6 of 28 accordanceih all applicable codes and regulationsby the required deadlines established y the NIP. The Proi.erty......Owner will be responsible to ensure the smoke I s not iniiiiied in same s within the n o iniu he NIP modification work will occur, to avoid anotental imedance to the NIP construction pNcesk. In theevent the Property Owner falls to ins II the designated "hard-wired" smoke alarms by the establishedI li , the Property Owner shall be removed from NIP participation. 17. %t§p of Program Process. The process may be ,mmmmmm temporarily suspended at any time during the design and/or construction phases upon the discovery of Deficiencies u to their potential impact on the Improvements n product i . The Program process will not resume until the Property r has correctedII related problems to the satisfaction of the Manager. In the event repairs are not completed in a timelyr, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delayand/or stoppages of the work. 1 . Limitation on AI _ ion to t ert . The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make alterationsthe existingi oand/or walls from the time the Designs until the construction of the Program Improvements have completed. c i this rule must be preapprovedin writing by the Program Manager. Failure to adhere to thisrequirement the option of the Program Manager in its sole discretion, ult in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the Countyfor all direct and indirect costs associatedi v alterations n damages related thereto. 19. Pro andst- nst ion Noise T ins c - & post- construction noise testing is a very important Program process that is designedt determinemeasure and the actual achieved noise level reduction level at treated properties. If selected y the Program Manager for - & post-construction noise testing, n r agrees to provide accesstheir property for testing n agrees to not to make alterations to the i t d r of their property (with the exceptiono repairs of Deficiencies) from the time of the pre-construction noise test to the rjos - construction noise test. In an effort to insure consistent not collection, the OwnerProperty also agrees to preserveinterior layout of furniture, floor coverings and window treatments from the time of_the „ ,, __-- noise t - construction noise test. The Property Owner understands ilu to adhere this ui n y result in corruptionthe noise testing . Therefore, the OwnerProperty understands they may be liable the Countyr any directn indirect noise i in the eventthese requirements not met. 20. Cooperation. As reasonablyrequested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroein the performance of all phases of theImprovements including, but not limited , the removal and reinstallationrugs, wall hangings and furniture s _.... ...._................ `..___. .................m Owner NoiseI nt Page 7 o 1. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilitiessuch as light, heat, power and water necessary to carry out the Program Improvements. 22. in and Bid Process Access. t scheduled timesand/or upon not less ttwenty-four O hours advancenotice (Wa NIPall andlor letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, Staten I inspectors and consultantsc the Propertyto collect and develop all final design n bid documents.'These visits col include, t not be limited o, property survey, design survey, hazardoust d l inspection, pre-noise testing -bid visit. In the event the Property Owner fails t provide access to the Property for all,required NIPsin and BidProcess Visits, the Property Owner shall be removedI rtici ti . 23. Pre-Construction Access. The Property Owner agrees to provide accessthe Property forty-eight O hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability that the Property Owner has met all fumiture storage responsibilities. Failure could suit in the suspension of the scheduled I construction and the Property Owner shall e liable to the Countyand/or Contractor for any and all resulting damages and all direct and indirect s related thereto. 24. Pre and Post Construction Access. At scheduled times and/or upon not less than twenty-four ( ) hours advance.notice (via 1 it andlor letter) and r the establishedI r ion schedule assignment, the Property Owner agreesto provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, tat federal inspectors and consultantss o the Property to provide all required NIP - nt ion and Post-Construction visits. These visits could include, but not be limited final measurement, pre-construction inspections, review o Designated t e Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner falls to provide access for all required I nt ion visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damagesand all direct and indirect related thereto. 25. Construction Period Access. Upon award of NIPconstruction contract, the Contractor will provide the Program Manager with their final construction schedule, hich will include the required number of calendar days to completethe NIP construction in eachthe participating condominiums. this schedule, the Program Manager will assign eachProperty Owner . i designated u r of calendar days in which construction will occur in their condominium.. The Property Owner agrees to relocate from their condominium for the entiresin time period. In addition, the Property Owner agrees not to re-enter their property for any reason during their assigned t ion period dues and the potential to negatively impact nt r. In the event the Property Owner fails to provide access for their assigned construction time period, the Property Owner shall be removed from NIP .............._...... __ .._ _._ ...... ... .----- Propeny r Noise Inadadon Apeement Page 8 of 2 participation the r shall be liable to the County n Contractor for any and all resulting damages andall direct and indirect t related thereto. ® Construction I to Hurricanes. Since the NIP construction ill extend Into the Key West hunicane season, there is potential for constructionI and/or,stoppages, beyondthe control of the Contractor, in the event f a threat f an approachinghurricane and/or r l hurTicane event. Due to this possibility, the Property Owner understands that delays may occur in additionto their originally asi w t ion time wig without any fault or cost to the Contractor Programand n rR FurtherTnore, the Propertyr agrees to relocatefrom their mini II additional calendar days resulting1 west i r stoppages due to a hurricane threat or event at no t to the a w t r and/or Program Manager, In the wit the r falls to provide. the required additional access to their condominium due to hurricane-related wow t , the Property Owner shall be removed fmm NIP ii ti the Property Owner shall be liable the nty and/or Contractor for any and lI resulting damages and all direct and indirect t related thereto. . Discover f - i In .a i. Construction. I the event t Contractor i pre-existing t the Property during the construction that negatively impact the installation f the i improvements, the r agrees to Immediately it and remedlate such deficiencies in an effort to reduce any negative impact on the scheduledconstruction wt @ The Owner understands that, depending on the timing f the pre-existing tl I y repair, the NIP constructiony need to be extended, at no fault f the Program Manager or Contractor. 28. Impact of Unforeseen KWBTS BuildConditionsing I . PropertyOwner understands that n building conditionsthat_ _awls, during the IYIP constructionthe potentialto increase the odginal scheduled ti n of construction, which is not the It of the r nor Contractor. The Property Owner needs to planfor t "worst-case" possibility that the originally-scheduled contr tl I tion date may be I few additional days due to unfbreseen building conditionsthat may arlse and complicatethe 1 I construction. 29 Existing i r Treatrnents,Property r tliw� I° w that, _. installation w a tif I _acoustic window the existingI n r door treatments, h lip y not be compatible r able to be re-installed due to sizei r n w the new and existing in 30. i 1Dudng the installation the acoustic i w , the NIPill be pmvidingnew t w " replacement interior r trim and ill . The Property Owner understands that the i I e trim ill not match customw specialized rown molding patterriscustom and r tw . After the completion the 141P modifications, the r will have the abilityto make modificationsto the Interior trim t their own expense. ______ - . ... Y .. _......_._ r Noise Imulation 31 , agrees to m. l tw _,.,__- l wit__.. w r reviewread and all I ll r letters in a timely Ion which are. being provided by the NIPto ensureI m in the wit the Property Owner falls to meet this I wit, It could result in removal from NIPparticipation. 32. Title in tl . The ProgramManager has obtainedr will obtain, t its solet and expense, "Abstract of Title" to ensure that the Property title is free from liens w / r title l l �� ' . rlr t the w7t of construction of"the Program Improvements, the r shall cooperate withthe Countyin r t 1 t any title f ins the Property idisclosed by the 'Abstract of Title" and in the solet r I tl the unto may solvet invalidate the Easement, (ll) secure the writtenconsent of any andall mortgage holders 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 Mafters"). If, prior to the commencement of constructionf the Prognarn Impmvements, the County, In Its sole discretion, determines that the Title In the Pmperty may invalidate the to this r wit shall be null and void, the Easement shall be terminated. 34. Federal Assurance, As required the Federal Aviation Administration, t Propertyr t t it i provisions: m r shall subject the constructionw the project to suchInspection r approval during the construction of the Improvements r completion of the Program Improvements l be requested the Program Manager and/or Monroe County. Afterb. final completion of the ProgramImprovements, the Owner shall assume the w I III for maintenance and operatl f the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration r the Countyresponsibility for maintenance and operation these items. Reduction35. f Fresh Air infiltration. The Propertyrover will be required to sign Exhibit E (Ventilationl I nth which imputes ll responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. wo f tt rl l r equipment s & Equi If the Property Owner desires to retain from the It of the ProgramImprovements, the Property. OwnerII aiTange for the l f said materials and equipment directly with the Contractor at the Property Owners sole dsk and expense. The County assumes no responsibilityfor the conditionf the material, equipment or surrounding surfacesIt of the t l h Propertyr and the Contractor shall, pdor to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence ....... ...... - ...................... _._ P�vp&V Omer Noise Inalation Agreement Page 10 of 28 Gif such a writtenet, all items shall become the propertyof the Contractor. Materials ui nt not listed forsalvage the Property Owner shall become the property of the Contractor. 37. PropedyInsurance. Duringconstruction period, the Contractor will provide builders risk insurance r the Property. The Property Owner shall have the option, at the Property Owner'ssole cost and expense, to-maintain homeowners insurance policy for the duration the construction of the Program Improvements. h r understands that, II in final completion, the Contractor's builder's risk insurance will cease, and it is advisablefor the Property Owner to obtain insurance to cover any value the Property by the Program. 38. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed theContractor's original projected construction time period. The Property Owner also understands that the ion may involve substantial inconvenience an ld generate significant quantities debris rendering portionsthe Propertyih i t r extendederio time. Labor39. and Material Release. The Property Owner releases forever discharges any and all claims, suits and actions against the Program Manager; Countythe n its officers, employees, lcontractors suppliers ith respect to issues relating to the confbrmance of labor, materials acousticsinutilized in the Program Improvements. ti in this paragraph shall limit the warrantiesr materials andworkmanship i in the contract with general contractor. 40. Sale of Prop In the event the Property Owner sells, conveys or otherwise n title to the Property before thecompletion of all phases of the process,Program the Property Owner hereby agrees to providethe buyer with of this Agreement prior to the closing I nvey n r other transfer, and t transfer all of the Property Ownersi ili i s andobligations under this Agreement to the buyer as a conditionthe purchase, conveyancer other transfer o the Property. . Waiver. No waiver of, acquiescence i , or consent to any breach of any term, covenant or condition hereof shall be construed , or constitute, a waiver , acquiescence in, or consent to any other, further or succeeding breachf the same or any other term, covenant or condition hereof. 42. 'Release of Easement. In - the event that this i cancelled r the County determinesthe t should be releasedof record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ( 10 ) to cover the costs of thedo recording l document in the public records of Monroe County, Florida. r understands that it is the Property nets responsibility insure such payment is made in order to "clear" the titleto the Property. NoiseProperty Owner bmiation Agmement Page 11 of 28 4& Authoty to_gxp_ t w� if lution No. 111- L004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioner's of Monroe County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County Wthout further action by the Board of County Commissioner's. 44. Attachments. Attachments to this Agreement include the following, whI ch am incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property ® Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Hamiless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement 45. General Conditions. a. "I 3'overning,Law, Venue, Interpretation, Costs.,.,,,,and,..Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Flodda 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 in-s tit uted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue Wil 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 conflictIwo g 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 customary procedures required by the circuit court of Monroe County. b. %indinA 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. .......... -—----- Fmpeny Oymer Noise Imulation Agmement 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 tothe 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. AgItorit y. 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 law. e. Duration of Agivernei . This Agreement shall commence upon the execution of this Agreement, t to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to effect the Program Improvements (the uTerm"), except as may be sooner terminated in accordance with the provisions of this Agreement. f. Acceptance of G fts Funds M, Grants, Assistance gr Beguests. The County and Property Owner ag that each shall be, and is, empowe%red to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used fbr the purposes of this Agreement. g. Claims for Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided that all applications, requests, giant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. h. Adiudicatin of Dispute or Disacireements. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such rellef.or remedy as may be provided by this Agreement or by Florida law. 1. '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 nond l6crim Ma tip n. These include but are not limited to. (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits d isciirril nation on the basis of race, color or national origin; (2) Sectiod 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. s. 794), which prohibits discrimination on the basis of handicap-, (3) The Age Discrimination Act of 1975, as amended ( . 6101-6107), which ................................... .............—, Pmperty Oymer Noise Imulation Agmement 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 Rehabilitation Act of 1970 (P.L. 91-616), as amended,. relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) The Public Health Service Act of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relatirig to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities Act of 1990 (42 U&C. & 1201 Notej, as may be amended from time to time, relating to no ndiscd m!nation 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 Human Rights Ordinance (Chapter 1314, Article,Vlll Sections 13-101 through 13-130), as may be amended from time to time, relating to nondiscrimination-, and (10) any other nond I nation 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. Cooperation. 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 servI ces 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. Popjkk, Records, ,and Documents. The County and Property Owner shall maintain books, records, and doduments 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 fiollowing the termination of this Agreement. I. Covenant of No Interest. The County and Property Owner covenant that neither tly has any interest, and shall not acquire any interest, whI ch would conflict in any manner or degree with its performance under this Agreement, and that only interest f each is to perform and receive benefits as recited in this Agrieement. m. Code of Ethics. The County agrees that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not'llmited 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 certairi inforrnation. Peoperty Owner Noise Inmiation Agmement Page 14 of 28 n. No Solicitation/Payment. 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 firrn, other than a bona fide employee woridng solely for it, 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 Wthout liability and, at its discretion, to offset from monies owed, or othervAse recover, the full amount of such fee, commission, percentage, gift, or consideration. ® Public Access. The County and Pmpeity Owner shall allow and permIt reasonable access to, and inspection of, all documents, papers, letters, or other materials subject tot provisions of Chapter 119, Flodda Statutes, and made or receI ved 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. Pmperty Owner must comply with Florida public records laws, including but not limited to Chapter 119, Ronda Statutes and Section 24 of article I of the Constitution of Flodda. The County and Pmperty Owner shall allow and permit reasonable access to, and I on 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 perfbnnance. The County shall have the dght to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property art 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 pmvision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all affamey's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Tl,,ie Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this pmvislon. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receI 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 tin ne 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 fmirn public records disclosure requirements am not disclosed except as ---------------------Peopeny Owner is Inndation 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 the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perfoan 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 1br 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 Owners duty to provide public records relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305) 292-3470. ® Non-Waiver of lr it ire the provisions of Sec. 768.28, Flodda Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coveivge, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q. Prlyligge and Immunities. All of the privileges and Immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employeies outside the territorial limits of the County. r. Legal Obligations and Responsibilitleg' Non-Delea,ation of Constitutional or StatutoW Duties., This Agreement Is not intended to, nor shall it be oonstrued as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of a�ctual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibift. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, ....................... ......................................... PropeHy Owner Noise Insulation Agreement Page 16 of28 state tuts , case law, and, ifi ll , the n 't 125 and 163, Florida Statutes. ° il -.. qftIW No person or entity shalltits to relyiuppn the terms, or any 'f thern, of this Agreement t f r attempt t enforce any t i imp or entitierrient to or benefit of any, contemplated hereunder, and the our r agree that neither the County moor Property Owner r any agent, officer, or employee of each shail have the authority to inform, n i, or otherwise indlicate that anyparticular indiAdual or group f individuals, entity or-entitles, have entitlementsr benefits under this Agreement separatemt, inferior t , or superior to the community in general or for the purposes contemplated in this emit° t° Attestations.s The Property Owner agreesto executesuch documents the Countyreasonably m in the perfonnancef the men g tion and uti f the Countyr Property Owner under this mrm met° . No PersongLiablifty. No covenant or agreement contained herein shall be deemedto be a covenant or agreement of any member, officer, agent or employee f Monroe Countyin his r her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable men n this Agreement or be subject to may personal liability or accountability by reason of the execution of this Agreement. w Execution in Countamai . TNs Agreement may be executed in numberany of counterparts, h ofw which' h ll be regarded as an odginal, ali of which taken together mry m constitute one and the m instrument and any of the parties heretomay cut this men nt by signingany such counterpart. hgg. Section headingsinserted in this Agreement as a matter of oonvenienice of reference ormm , and it is that such headingssection r not a part of this met and will not be used in the interpretation of any proAsion of this m nt. .. _........ Owner Noise Inndation Agmement Page 17 of2 IN WITNESS , the PropertyOwner and the Countyhave executed this Agreement as of the day andr first v i e . . WIT 7ESSES: PROPERTY Signature Signature Printed Name rin� amp Lr ja urey -- Y to mm jj P rated Name �� ��� WITNESSES: PROPERTY OWNER: Signature Signature Prin Name' Printed Name 1,7117 d l t: a�ar p Signature Date Printed_ Name. I MdNAO.9166UNTY BOARD OF COUNTY _. COMMISSIONERS: MAYOR 1 CHAIRMAN: ttest: 4 ,�- .V1 N , CLERK 117 alos Deputy Clerk Signature Dater . e a P . . . . Pro a Owner Noise Insulation� -eenaent � , Page 18 of 28 PE «7 J.a ERC,ADO _. _ y �" � . PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air Conditioning: General Restrictions. While I lductless "mini- split" AC system to your condominium as a part of the NoiseInsulation Prog modifications, the followinglimitations and restri i ill apply to all condominiums,, All condensing unitswill be installed I 9 All refdgerantines (running from the balconyi i ill be installed consistent. i licy rules, maintaining a maxi i t of 48 inches. 3. All condensate linesill be installed it i ' r consistent with Board policy I the highest level of consistencybuilding architectural aesthetics. 4. All Intoner AC lines ' Ventilator will be housed in new vertical wall and comer pilasterswhich will be constructedlit i ti walls. The number and locations of the now vertical wall and comer pilastersWill differ dependingr unique condominium l r of bedrooms. The NIPexecutive it ill reviewis information withr NIP DesignMeeting. 5. Only electricali I t are determined deficient ii be replaced by the Program as a part of the NoiseInsulation modifications. 13. Window Sill Replacement. Due to the presence of asbestos, the NIP will provide new custom wood surround and ill instead t the existingsurround. to this I existing sills granite, ill not be replaced. This revisionill be an improvement, while decreasingi improving time i . C. Custom Crown Moldilng-, nd Baseboards Restrictions The new asbestos abatement requirements will restrict the ability existing customri r to construction ` i ! , which will not allowiient time fbr the awarded general contractor to secure custom matched replacement i , Therefore, existingmoldings, I trim, and base, the contractor will, instead, cut the existingthe new pilaster thru wall -i 1 . At new pilaster locations and, if the thru wall ac infill abuts the existing , the contractorill install - inted wood tdm to abut the existingtrim, rather than attemptingt the existingprofiles and materials. After the completionthe NIPconstruction, the property owner will — _ iit A- Owner Noise Inmiation Agreement Page 19 of 28 have the option to replace the installed trim Wth other custom tdrn to match the existing materials and profiles. D. Door Threshold Hsi hts. Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging doors and sliding glass patio door's will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during a hurricane. E. KWBTS Asbestos Testing, As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, B and C dudng the November 2017 to April 2018 time pedod. This testing included collecting 7 to 9 samples at each condominium to include gypsum board joint compound, window glazing, and exterior window and door caulking. In addition, random exterior stucco samples were collected on both the %valkway" and 'courtyard / 6'a-1cony- building elevations. Depending on the laboratory analysis of ttiese 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, - celling cuts required fbr installation of the ductless AC, - wall 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 soffd for installation of the ERV. F. Asbestos Abatement Regulrements In the event any samples show a presence of asbestos containing matedal (ACM), the awarded NIP contractor Wil be required to perform the following abatement requirements dudng construction: If samples show a o resence of 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. I'll................ ... . ....... ......... Exhibit A-Property Owner Noise Insulation Agreement Page 20 of 28 LfsaMp how a )resence of Ag The NIP contractor will be required to perfbrm full asbestos abatement procedures as directed by the Environmental Protection Agency(EPA)to include: - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windowsldoors), 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)wodcers. THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. Given the cost to provide required asbestos abatement procedures, the FAA wIll require THC to develop a design and construction plan that minimizes the disturbance of ACM to ensure the minimization of construction costs, duration, and liability 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 for and Hardware Finishes ® Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Splir AC Systern Installation Requirements 5. Interior Ductless "Mini-Split' AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Pollcy Treatment Exhibit A-Prop"Owner Noise Imulation Agmement Page 21 of 28 LEGAL DESCRIPTION OF PROPERTY Exhibit NoiseTo Homeowner Insulation Condominium Unit No. 1 - , CORAL BAY GARDENS OF KEY WEST BY THE SEA, condominium, together with an undivided interest in the common elements, according t the Declaration of Condominium thereof, recorded in Official Records Book589, Page 70, as amended from time to time, of the Public Records of Monroe County, Florida. _.......... _._ _.... Exhibit -Property Owner Noise Insulation AgreementPage PROGRAM IMPROVEMENTS Exhibit C TO Homeowner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home 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: Architectural Drawings Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Pdme Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) .................... Exhibit C-Proper&Owner Noise Insulation Agreement Page 23 of28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Propefty Owner Noise Insulation Agreement 1 In partial consideration of the oDmpensation to be paid on behaW of the County and the Program fbr the Program Improvements to be r-nade to the Property described in the Agreement of even date herewith (the "Agreement') between the County and Property Owner and to which this Exhibk Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assI gns of the undemigned, forever releases, remises, discharges, indemnifies and covenants not to sue, Institute claims against, or institute any proceedings against, the County, or any of its. agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, 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 ariy of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands and assumes full responsibift fbr the Deficiencies present in the Property, whether visible to the Prograrn Manager or unseen. 3. The Property Owner understands that the Deficiencies Include any deficiencies present in the Property at the tiro e of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. If visible, the Property Owner understands that the Program Manager may identify and document Deficiencies it any time throughout the Program process (including design, bid and construction processes). If Mendfled and documented, the Program Manager will classify the observed Deficiencies as either Winorg or nSevere". 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencle& 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 nare event that "Severe" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete .............................. .....—_ Exhibit D-Property Owner Noise Insulation Agreement Page 24 of 28 necessaryi o the Property, to the acceptancethe Program Manager t minimize n delay or stoppages of work. . The undersigned ac I n that II of the releasel harmless and indemnity vi ions set forth in Paragraph 1 of this Exhibit Q apply t property , injudes, deaths, or damages adsing from the Deficiencies and/or all negative impacts that later ult after the addition of the Improvements. vi ions of this Exhibit Q_ shall survive the tennination or expiration the-Property Owner Noise Insulation. t. 8. The undersigned that the terms and provisions of this Exhibit _ shall binding upon, a i f i it iv i , personal representatives, successors andassigns. ...............PROPERTY OWNER: ...10, '" 01.r e:w,.s�.exau�m :. � "✓ Signature It , Printed Name Ignature Date yk �� I �. Printed a- WITNESSES: : . signature %nature Printed a Printed Name Signature Date -Printed Name = .. WITNESSES: R: Signature Signature ;....:... = I Printed a Printed am I Signature Date Printed Name -------- — _m Exhibit D-Property Owner Noise Insulation Agreement Page 25 of 28 VENTILATION HOLD HARMLESS AGREEMENT Exhibit NoiseTo Property Owner i 1. In partial consideration of the compensation to be paidon behalf of the Countyn the Program fbr the Program Improvements the Property described in the Agreement of even date herewith (the "Agreement') between the County and Property Owner and to which this Ekhibk E is attached, the undersigned, r and on half of the undersigned and the heirs, personal representatives, successors, assigns of the undersigned, ver releases, remises, discharges, indemnifies covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature n account of bodilyinjuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrueto the undersigned or their respective heirs, personal tiv , successors and assigns in connection with any and all Ventilation Deficiencies ( "Deficiencies") against said County or any of its officers, ploy ul nt r contractors to be legally liable. 2. The Program Improvements may include the additionf acoustical windows o removal and i filli o 'through-wall" portable air conditioner units and the addition I c ent ductless " ii-split° air conditioning s these modifications will result in a tighter interior environment duethe eliminationf all passive inside / outside it leakage that was naturallyoccurring in all openings, the Program will also include the addition of a energy recoveryventilation ( V) unit which ill provide an adequate exchange f inside / outside air to the condominium requiredbuilding code. 3. Given the tightened interior environment of the treatedndo iniu , the Property Owner agrees to assume full responsibility for the proper operation of the now Program ductless stem and energy recoveryventilation ( V) unit to avoidthe potential for mold andmoisture l ci Ily during periods when the condominium is closed ih bit . 4. Due to FAA eligibilitylimitations, the Programill not be providing bathroom exhaust fan treatments. Sinceo tuband/or showers are.a source of moisture generationin the interior environment of a condominium, the Property Owner agrees-to full responsibility for ensuring that all bathrooms have an operable bathroom us fan capable of properlyexhausting bathroom istu to the exterior f the building. It should also be noted that the original KWBTS condominiums constructed itsmall wall vent that was designedto allow the passive exhaust of _ .. _.............. Exhibit E-Property OvvnerNoise Insulation t Page bathroom oft In a central building'i use shaft. During the r i n survey process it was discoveredthe buildings lack a solid central building exhaust shaft. Due to this i ti condition, these urm ins l wall vents (If still present) have the nti l to providepathway r unwanted ire smoke and/or gases into the condominium i t mf r. The r agrees to full responsibility for the Sealing f original wall vents in all bathrooms and for any and all negative impacts that may ult if[aft untreated. . It is clearlybuilding il ti n to duct laundry dryer exhaust to the KWBTS central t . In the event a Propertyr has incorrectly their laundry met to the KWBTScentral building t shafts, they agree t correct this minproperly exhausting their laundry dryer exhaust in an altemative method that meets current building W at their cost before the initiation f the Program constructionFurthermore, the Propertyr agrees to assume any and all liability related to the improper ducting of their laun r exhaust. . The i r understands that the Program Improvements ill not address kitchen and bathroomtil ti n and/or excessive it f r humidity levels generatedthe Property r within the interior of the rr mi i w The r Ip Owner understands and assumes full responsibUity for maintenance of interior moisture and humidity levels. The Property Owner agrees to assiume full responsibility for any occurrence, r r worsening of moisture probI ms and/or interior humidity levels in the Property. In addition, the PropertyOwner agrees to assumefull responsffiffity fbr the maintenancen operation of the NIPti i m tl n r completionf the ProgramImprovements. . The undersigned ackn l n that all of the release, hold harmless andindemnity provisions set forth In Paragraph f of this ff E applyt injuries, deaths, or damagies sustainedin connection with or as a result of any and all liritedor ventilation deficiencies adsing after the addition of the ProgramImprovements including, but not limited to, high mi , mold, rnilldew,-andlor lack of proper exhaust ventilation.tin . The i i of this Exhibit shall survive thet ins tl n r expiration f the r i Ire l ti n Agreement. 8. The undersignedr that the terms visions of this Erhibit E shiall be binding Inure to the benefit of the undersignedtheir respective i , personal representatives, successors and assigns. WiTN �' PROPERTY i e r F Signature .;,, z- Signature Print Fame Printed Name 4.. Sigr�aara 4 F nted Name _ _......... _ .._.._.. ..... ... ........ ®. a_____......-.___......................_._......_.e ...., __....... ....... ........ i , - r � � Noise ' n a eat Page WITNESSES: . In Signature Printed Printed Name Signature ... �a Date Printed m _....... _.... ....... �..__........................... WITNESSES: E : Printed Name ------------------ Printed Name $I ntu bete Printed Name Exhibit E-Property Ovvner Noise Insulation t Page 28 of 28