The URL can be used to link to this page

09/18/2019 Agreement/Easement-C203 �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 Prepqpq4 By and Return Heather NIP Assistant Project Manager1/20 11-08 AM POW f 4 THC, Inc. 710 Daculai 1 Dacula, GA 30019Filed in officials of CPA "IGATION EASEMENT Key West International Airport Noise THIS T AGREEMENT is entered into this '? '��ay of ;"a lnl rto " 1 20 �: , by " ICHAEL H. BONNER & JULIA BONNER hereinafter referred as the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC.R RECITALS: A. The Property Owner is the fee simple titleholder to certain realp ("t y") located in Monroe County, Florida, more particularlydescribed follows: Condominium Unit 0 - , CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book5 , Page 370, as amended from time to time, of the Public Records of Monroe County, Florida. also identified t t address: "2601 S. RooseveltI i " B. The BOCC is the owner and operatorof Key West International Airport("the Airport")and desires to make properties that, through interior noise testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport . ill design and install or pay for the installation of improvements and modifications to the Property Owners Property necessary to reduce interior noise levels at least 5 d13 andbring the average interior noise level below dB in accordanceit Federal Aviation Administration policy. Granting of an.Avigation Easement ("Easement") is a BOCC conditionof participation In the NIP. The Easement ill supersede anyimplied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIPill include funding the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property — international Arport NIP—Avlgation Eaa (Unit 03) Page 1 of 4 Owner Noise Insulation Agrea ith the BOM The BOCC's implementation of the NIP will benefit the Property Owner and theby providingin remedial sound attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 dB and bringthe average interior noise level below 45 dB in accordancei I Aviation Administration policy. The Property Owner fully understands that the NIP eligibilitycould change a future time, but is currently the 2013 isi Condition oise Exposure acceptedthe Federal Aviation Administration ("the ") on December 19, 2013. G. The NIPill be administeredin accordance ih the current FAA Order 5100.38,Akport Improvement Program Handbook. H. It is the purposef this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE,for and in consideration of the improvements to be made to the Subject Property th ro ug h the N I ,the recel pt and adequacy of wh ich is hereby acknowledged by both parties, and in consideration an incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The PropertyOwner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors assigns, a perpetual avigation easementr the property. The use of the Easement shall include the right to generate and emit noise and to cause other effectssci to with the operation of aircraftover or in the vicinity of the property. This Easement shall apply to all such aircraft activityt the Airport, t future, in whatever fbnn or type, duringoperation at, on, to or from the Airport, and it being the intent of the partiesthat all such Airport activityII be deemed to be Included 'thin the purview of this . . This Easement shall be perpetual in nature II bind and run withthe title to the propertyand shall run to the benefit of the r its successorin interest as owner and operator of the Airport. Property3. The n r on behalf of the Property Owner, its heirs, sins and successors in Interest,does hereby releasethe BOCC, andII related partiesthe BOCC, Including not limited to BOCC members, officers, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, y r causes of action of every kind or nature forty hich the Property Owner or its heirs, assigns, or successors currently , have in the past possessed, r will in the future possess, It of Airport operations r aircraft activities noise levels related to or generated by Airportactivity, or may hereafter have as a result of usethis Easement, including but not limited t above-mentioned property r contiguous property dueto noise, and other effects of the operation of the Airport or of aircraftlanding or taking .t irp ort. Key West International Akport NIP—AvIgation Easement(unit ) Page 2 of . This Easement expressly excludesreserves to the PropertyOwner the Property Owners heft, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or ' fee, or causes of acHon for physical damage or personal injury caused by any aircraft or part of any aircmft using the r unt that does identifiablephysical damage to the property or injury our on the property by cominginto irect physical contact withthe property or the person on the property. 5. Should it party hereto or any of their successors or assigns in Interest retain counsel to enforceany f the provisionsi r pmtect its interest In any matter arisingr this Agreement,or to recover damages by reasion of any alleged breach of any provision f this r unt, the prevailingparty shall be entitledto allcosts, expensesdamages and Incurred including, but not limited to, fees andcosts incurred in connection therevilth, including appelf t i . provision f this Agreement is to Interpreted for or against any party becausethat party or that partys legal representativedrafted provision. ThW Agreement shall be Interpreted and count ire to the laws of the Statef Florida. T No breach f any provision of this Agreement may be waivedl in wdting. Waiver of any one breach f any provision of this Agreement shall not be deemedto be a Waiver f any other breach of the s,ame oranyother provision of this Agreement. This Agreement may urnended only by writteninstrument executed by the partiesin interest at the time f the modification. In the unt that any one or more covenant, o0ndition or provision contained iun is held ins ii W r illegal f competent JurisdUlon, the h ii be deemed severaNefmm the remainder f this Agreement and shall in no way affect, impair or invalidate any ot r pmAsion hereof so long as the remaining pr i i not rnaterlafly alter the rights ii tni un f the parties. if such condltion, covenant or ofher i ire shall be deemed Invalid u to this scope or breadth, such covenant, condfflon or other provision shall be deemediw to the extent of the scope or breadth permitted by law. 8. In the event the Airportii be subdividedinto than one parcel, or the Airpqrtr portionthereof becomes subject to tun, management or adftnistraflon by a party .In iti to run ii a of the BOCC, then and in that event the parties that same shall not terminate or therWise affect this of so long as a portionf the Airport continues to operater standard airport fight purposes, and that any such successor In interest to the BOCC shall be entitledto ii of the benefitsrunning to the hereunder. 9. The Owner agrees that the Property r shall bear and beiresponsiNefor costsall f maintaining and operaflngany tf un tin materials aun u i unt installed in the Property by r on behalf of the BOCC. _._ ....... Key West IntemaUonal Airport NIP—Avigatton Ear t� It Page 3 of This Easement Agreement is executed as of the datefirst . PROPERTY 4 OWNER: PROPERTY OWN,E'R: 4 f .,5 a k '0 a ` ® _.. Printed Name rinted Name Date 'I - 3 'SATE OF � f COUNTY .:. 1; The foregoing instniment was acknovAedged before this day Of by r Names) ' p , y F a ' My Comm I% g I Irkir€rMIMI M O E C U D► OF C O SSSI S: AYE r � SignatureI �Iture t d : - mow: Printed Name Signature I k Printed Name si, y STATE OF FLORIDA � COUNTY OF MONROE The foregoing instrument was acknowledged before me this day r _. 20 by � _. as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Put j....... m. y Commission Expires: ONATTO�NEV K int o I I — vlation m ( nk. .,.,_-.03) 1' J .. F e � t Address: Kev West ' .: AIRPORT, Name(s): 'Bonner PROPERTY OWNER NOISE INSULATION AGREEMENT NOISE MONROE COUNTY THIS (t "Agreement") i effective the datelast below wdften by andC1 MONROE COUNTY, a municipal corporation i i i r the laws of the StateFlorida (t '), and the undersigned ( " °). WHEREAS, the Property Owner is the solein fee simple certain1 property located i t, County of Monroe, Statef Florida, and more particularly ( )$ and the County is the owner and operatorthe Key West International Airport (t i ), situated in the Cityf Key West, County of Monroe, Statel , and in closeproximity to the Property, and WHEREAS, the 1 to obtainr the use and benefit of the public t off tructed flight for aircraftlanding , taking , or maneuveringAirport, WHEREAS t the t C i t t tl [ F Insulation ( "Program") , as part of the OwnerProgram, the Property has electedto obtainacoustical treatments improvements 1 C hereto (the "Program Improvements"); i i r by the County t no cost to the Property Owner and in exchange for the granting of an avigation easement over, across and through the County will enterlt . a constructiontwith a general contractor (the "Contractor") the installation of the Improvements, and WHEREAS, the Program Is managed by the consultant team consistingf a team manager and assistant r, architect, mechanical / electrical engineer, acoustician1on manager selected by the County(t g), and , the Property Owner and the County mutuallyi to agree to the terms upon whicht will participate in the Program and receive the Program Improvements upon the terms and conditions1 ire; THEREFORE, in considerationterms, covenants and conditions herein, t r good and valuabler 1 tl , the receipt __.... �. _._ m Ownere l don Agreement l aft sufficiency of which are hereby acknowledged, the Property Owner. and the County hereby agree s llows: 1. Grant of ase nt. Simultaneouslyit the executionthis Agreement, t Property Owner executed andlive to the.County an avigation easement (t ase °) which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and i hereby ratified in all respects. olcV' Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a sedes of Program PolicyStatements utlinin construction and eligibilityrestrictions. The Property Owner understands that prescribed Program Improvements ill be consistent with the Program Policy Statements vi d to the Owner by the Program Manager. A coy of the Program Policy t to e is attachedhereto as Exhibit A. . Poyment o _Program Improvements. The County agrees to pay for the Improvements cri in Exhibitattached . The Program Improvements will be approvedthe Property Owner and County, managed Program Manager, and performed y the Contractor. 4. Im a in titive i Process. .The r shall not impede or interfere it the is ability to selectn approved manufacturersand subcontractors in the preparation of bid submittals. To Insure competitive bid environment, the Property Owner is prohibitedfrom having discussion or communication withContractor in relationthe Pmgram, the contractors bid, or this Agreement until after award of the construction contract by the County. Failurethe Property Owner to complyit this provision shall, at the option of the Countyin its sole discretion, result in disqualificationfrom the Program and cancellation of this Agreement. 5. Construction _Contract. The Countyill award the contractr the Program Improvements coni `th Federal and Countycompetitive bidding lici s and procedures. The contract will require the Contractor to complete the Program Improvements witin a time period definedthe Program Manager. Post- st ion si ill s. The Property Owner shall meet II responsibilities and requirementspertaining io_ixiih pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet all Pre-Construction requirements to include: (1) Removing all valuables (such as jewelry, ins, guns, antiques, heldooms, etc.)from theircondominium; Moving II fumiture and belongings into the "Designated Storagepacewithin the condominium, providingthe required "clear " (white Avpvv Owner Noise Inm1ation Agrement2 of 28 .. space in sketch) forte Contractor. When doing so, the r will have the ability to utilize the complete ffloor to ceiling" space. ( ) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated St a Space "; ( ) Removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and storing them in the "Designatede Space ( ) Removing all electronic and dust-sensitive items from their condominium or wrapping with protective poly before storingthem in the "Designated Storagec "; ( ) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storingthem in the "Pesignated Storage Space Area"; ( ) Moving all small items and belongings into either the closets or bathroomsoutlined in the gDesignated StorageSketch" Afterb. completion of the NIP construction, the Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture n belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: the condominium; (2) Moving of anyexcessive furniture and belongings back into ( ) Re-installation of all wall treatments, door treatments all hangings it original positions in the condominium. c. In the event the Property Owner fails to performand all of the above Pro-Construction responsibilities, the Property Owner shall be removedfrom NIP participation and the Property Owner shall be liable to the County / r Contractor for any andII resulting damages and all direct and indirect I related thereto. . In the eventthe Property Owner falls to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable to the Countyand/or Contractor Ifor any and all resulting damages and all direct and indirect costs relatedthereto. . Impedino Construction. Once construction of the Improvements begins, the Property. Owner shall not Impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property duringthe construction of the Improvements from impeding t ion or altering construction schedules. In the eventthe Property Owner or any tenant occupying the impedes construction or nero' er1 on o alters the construction schedule, the Property Owner shall'be liable to the Contractor and the Countyr any damages and all direct and indirect It thereto. 8. Safe o f - nvi n m f . The Property Owner shall be responsible for providing a safe workingnvi n et fbr the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors. a. Throughout II phases of designconstruction of the Program Improvements, the Property Owner shall be responsibler. (9) Providing a workingenvironment that is free from potential health risks, ioh n i i s, hazardous chemicals, obstacles; s of any kinand/or explosives; ( ) Refraining from verbal abuse or it ; ( ) Refraining from aggressivephysical d ( ) Insuring that all pets are completely secured an n i . b. In the event the Property Owner falls to meet any of t of conditions, the Program processy, at the County's discretion, be temporarily suspended at anytime. In such event, the Program Manager shall notify the Property Owner in writing, stating the correctiveion( ) and/orcondition(s) required completed or performed by the Property Owner prior to the Countyresuming process.Program c. In the v is not resumed due to the Property is failure to completeh.e correctiv i (s) and/or ii ( ) requiredy the r r, the Property Owner shall be liable to the County and/or Contractor for any andII damages andall direct and indirect st related thereto. . If the Program process is resumed, the Propertyr shall be liable t Countyhe and/or Contractor for n II II i indirect costsI to r caused by the temporary suspension of the Program process. 9. Construction I ,. During the construction period, the Contractor may experience seon complications reI tin the installation of the Improvements. nstr ion contract shall provide that delays relatedthese unforeseen complicationsyou the control of the Contractor and shallb excused so that the time r completion may reasonablyn o ion schedules may also be revisedif there is a delayin awardingthe contractr if the Program Improvements have -bi in thev of lack of bidding nand/or failure of the lowest responsive, responsible bidder to execute and performance bond or show proofrequired insurance. 10. Changes to„Scope of Work. The Program Manager reserves the right changesto make the plans and specificationsn Improvements, t its Owner Noise Insulation Agrement Page 4 of2 sole discretion, time i of reduce the scope or qualityImprovements described in Exhibit C and such changes are necessitated by the discoveryi ltl it detectable during normal inspection . 11. �r)tance of WorlL Upon coenpletion of the Program Improvements, the Programr shall inspect or cause the Inspection f the Program Improvements to determineif they ware completed pursuant to the terms of the contract. The Program Manager retains sole discretionr authority conron'rianoeissues as they relate to the Contractor, subcontractors, suppliers acoustic lam The Property Ownerl t to attend the Substantial l Inspection input to the Construction r with respect to the identified -lit items. In iti , the Property Owner is welcome t attend the Final Inspection. In the event the Property Owner elects to not attend Substantial Completion and Final Inspections, they releaser their abift t provideinput to the ConstructionManager with respect to the t f the Program Improvements. In the eventt i t betweent Owner and the Program Manager as to a confbffnance or performance issue, the OwnerProperty shall be requiredt the i in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection gii rise to the discrepancy. unto shall then make determination ato the acceptabilityf the conform' ance/performanceissue remedial action that may need to be taken. Monroe Countyshall be the finalarbiter of any confonnancelperformance/issues. Fallurethe Property Ownert submit the wiriffen complaint within the time i ll thereafter foreclose the rightProperty Owners to filer l irt. 12.f this Termination f Agreement. r understands that the signing initiatesthe BIDI f the Program Improvements to be* performed in accordance witht . Therefore, if the Property Owner attempts to terminate this t or otherwise impedes the progress oft r of the Improvements after the f the constructioncontract, the Property Owner will be liable to the Countyr tiny and all damages and all direct and indirect is caused thereby. t . Warranties. The County does not represent or warrant the level of noise reductionthat the Property Owner will experience vAthin the It f the Program Improvements f the Program. a. The County agrees that its contractit the Contractor will include standard one (1) r warranties from the Contractor for all materials and workmanship. one-yearSuch warranty peflod shall commence as oft time of the of the providedwork as in Paragraph 9. b. t the end of construction, the Program Manager will provide the OwnerProperty its Final Closeout i ill containcopies t policies, product instructions, design documentslegal documents. As condition f receiving the t Final Closeout Package, the Property Owner e ny No-isCation Ag m m ent Page 5 of1 must first submit a completedI ner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Property Owner understands that the warranty policiesr products used in the construction of the Program Improvements i t among pro'duct manufacturers. In thevent of claim, the Propertyner is solely responsibler pursuing all future productissues directly i c manufacturer. c. In the event of a claim, the Property Owner shall be solely responsible r, and agrees to contact the Contractor or product manufacturer directly t coordinateany required warranty serviceand to look solely to the general contractor r the product manufacturer for fulfillment of all warranties an r resolution of all product or construction warranty issu ( ): (1) The Property Owner'sinquiry is not directly relatedto either construction warranties or product warranties (such as windowcleaning or product maintenance) regardless of whether the PropertyOwner's inquiry arises during theone- year warranty period from the Contractor or thereafter; ( ) The Property Owner believes that warranty service is requireditrespect to construction warranty issues, and the one-year warranty period from the general contractor has expired; ( ) The Property Owner believes that service is requiredit respect to product warranty issues, the advertised r my period for the product has not expired, and the manufacturer is currently n u i its business; and ( ) The Property Owner believes that service is requiredit respect u n issues, and the advertised my period for the product has expired. 1 -E isti ga Deficiencies. The Property Owner will be required to sin Exhibit D (Deficiency of I s Agreement) which will impute Il responsibilityn liability to the Property Owner for any and all present Pre-Existing Deficiencies at the whether seen or unseen. 1 Pro-Work ui n . The Property Qwner will be required to complete any and all Pre-Work, as requiredthe NIP to successfully accommodate the NIPtic modifications. The Propertv _Owner will beyeguired to compLeteall designated - items utilizing their own funs and per the reguired deadlines as established the R I , In the event the Property Owner falls to completethe designated - items by the established I deadline, the Property Owner shall be removedfrom NIPparticipation the Property Owner shall be liable to the County and/or Contractor for any and all resulting damagesd all direct and indirect costs related thereto. 16. City of KeyWest "Hard-Wired" Smoke larm uIrement. I compliance i the City of Key West FireII and the City of Key West Building Department ct ion permit issuance requirements, the Property Owner will be requiredto install 1 - It "hard-wired" smoke alarmsin their condominium i P�vp�n�e r Noise Imulation � .. ant .__.. a accordance YWth all applicable codes and regulations the li established the NIP. _Thej �pj).ertvwill...,be _responsible to ..ensure thatthe smoke alarms are not installed in i# i condominium modification ilLogg , to avoid any.n otential impedance� to_ the NIPconstruction ruRProcess. In t event the r falls t install t designated "hard-wired" alarmsthe # liphed NIP deadline, the r shall be removed frorn NIPl l ti m Suspensionof Proqrarn Process. The Program process may be temporarily at any time during t i—gn and/or construction phases upon the l Deficiencies to their potential impact on the r Improvements aridwarranties. 'll not resume until the correctedProperty Owner has ll related 1 to the tl i rr of the Prograrn Manager. In the eventrepairs t completed in a timely manner, the Ownerill be liable to the County for any and all damages and all direct and indirect coststo l and/or stoppages of the . Limitation on Alterationsto the Propqqy, r agrees t to make alterations, to permitany tenant occupying any portionof the Property to make alterationsto the existingwindows, w and/orwalls from the time f the iuntil the construction f the r Improvements rr completed. Exceptions to-this l # be pre-approvedin writingthe Program Manager. Failure to to this 1 t may, at # tl f the Program Manager in its solediscretion, t in an immediate suspension of the constructionf the Program Improvements the Property. The Propertyr will be llabI8 to the Countyfor all direct and indirect # associated it alterations damages related thereto. 19. Fre aridst- # i rr NoiseTesting Process. _ & post- construction1 testing is a very important Program process that is designed to measure and # ire the l achieved noiselevel reduction level attreated properties. if selected by the Programr re- & post-construction no testing, the r agrees to l to their property fbr testing agrees to riot to It ti to the interior of their property (withexception repairs of Deficiencies) from the time of the pm—sonstructlon nolsq tq� t: to the ost- noise test. In to Insure consistent noise #a collection, the OwnerProperty also agrees to the interior l t offurniture, floor coverings windowand treatments the time . .._# i i t, r that the_ failure # _ adhere t. this i t may result in corruptionf the noisetesting # m Therefore, the Property r understands # liable to t r any directand indirect noisetesting # the rrt these requirementsnot met. 20. Cooperation. 1 requested, the rt l cooperateit the Contractor, the r and Monroe County in the performance of all phases of the Improvements including, but riot limited to, the removal and reinstallation of rugs, wall hangings rq furniture _............. —--- _... _... Ownerl do t Page 7 of 28 21 Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. 22. Des!, n and Bid Proouuu,cess Access. At scheduled times and/or upon not less than twenty4bur (24) hours advance notice (via NIP amall andlor letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous matedal inspection, pro-noise testing and pre-bid visit. In the event the Property Owner falls to provI de access to the Property for all required NIP Design and Bid Process visits, the Property Owneir shall be removed from NIP participation, 23. Pre-Construction Access, The Property Owner agrees to provide access to the Property forty-eight (48) hours prior 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 storage responsibilities. Failure could resuIt in the suspension of the scheduled NIP construction 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. 24. Pre. and Post Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP emaH andlor loiter) and per the established NIP construction schedule assignment, the Property Owner agrees 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 NIP Pro-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction Inspections and post- construction noise testing. In the event the Property Owner falls to provide access for all requI red NIP Pre and Post Construction 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 damages and all direct and Indirect costs related thereto. 25. Construction Period Access, Upon award of NIP construction contract, the Contractor will provide the Program Manager with their final construction schedule, which will include the required number of calendar days to complete the NIP construction in each of the participating condominiurns. Based on this schedule, the Program Manager will assign each Property Owner with a designated number of calendar days in which construction will occur in their condominium. The Property Owner agrees to relocate from their condominium lbr the entire assigned time peflod. In addition, the Property Owner agrees not to re-enter their property for any res sore during their assigned construction period due to safety concerns and the potential to negatively Impact the Contractor. In the event the Property Owner falls to provide access for their assigned construction time period, the Property Owner shall be rernoved from NIP ..... ----------Propem Oymer oise Insuladon Agreement Page 8 of 28 participation and the Property Owner shall be liable the County and/or Contractor for any and all resulting damages and all direct and indirect t I thereto. 26. Construction Period Extension Due to HurTlcanes. Since the construction period will extend into the Key West hurricane season, there is potential for construction delays and/ors n the control of the Contractor, in the event f a threat of an approaching e and/or an actual hurricane event. Due to this possibility, the Propertyr understands that delays may occur in addition to their originally ass! n nt ion time period, Without any fault or cost to the Contractor and Program Manager. Furthermore, the Property Owner agrees to relocate from their condominium r all additional calendar days resulting from NIPion work stoppages due to a hurricanethreat or event at no cost to the County, Contractor and/or Program Manager. In the event the Property Owner fails to provide the required additional access to their condominium due to hurricane-relatedstoppages, the Property Owner shall be removedfrom NIPparticipation and the Property Owner shall be liable to the Countyand/or Contractor for any andall resufting damagesn all direct indirectand late . . .Pliscoya_o - i i .._Deficiencies DuringConstruction. In the event the Contractor i v pre-existing icicies at the Property during the I construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remedlate such deficiencies in an effort to reducey negative impact on the scheduled tr ion period. The Property Owner understands that, depending on thetiming oft pre-existing ici crepair, the NIP construction period may need to be extended, at no faultthe Program Manager or Contractor. 2 . Impact n KWBTS Buildingon i i s on Construction �Schedule. r understands t unforeseenbuildingconditionst riduring I st ion may havethe potential to increase the original scheduled ti ion, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the t-case" possiblifty that the originally-scheduled con ion completion datey be delayed a few additional days u building conditions that may arlse and complicate the NIP construction. isi i o 1 .oor t nt , s and Blinds. The OwnerProperty understands that, after the installation of now NI stic window doors, the existingwindow and/or door treatments, shades and blindsnot be compatible nor able to be re-installedu o size differences e existing windows doors. 30. Existingn4 p Molding ri the installation of the new acoustic windows1 III be providinge "standardn replacement interior trim andsills. The Property Owner understands that the NIP replacement trim ill not match cand/or specialized crown moldingaand/or custom window and door trim. After the completion of theI odifi tin , the PropertyOwner will have the ability to make modificationsto the NIPinterior trim t their own expense. OwnerAroperV Noise Insulation et Page 9 of 28 1. niq_ ti Dui s. The Propertyr t reviewread and II I it and/or I i _ timely fashion which are being provided I s ' c l . In the event the Property Owner fallsto meet this requirement, it could It in removal from NIPparticipation. 32. Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens for title defects. 3. Cooperation in CleadnqTitle. Prior to the commencement of construction of the Program Improvements, h r shall cooperate with County in order t (I) correct any title f s affecting the Property which are disclosed by the "Abstract it " and in the soledetermination of the County to invalidate the Easement, and (!i) secure the writtenconsent of any andII mortgage holders to the Property is conveyance of the Easement to theCounty if the County determines that it is necessary or desirable to do so (collectively, t "Title Matters"). I , prior to the commencementof construction of the Program Improvements, the County, in its solediscretion, determines that the Titlein may invalidate the Easement, this Agreement shall be null and void, and the Easement shall eterminated. Federal34. _Assurance. As requiredby the Federal Aviation Administration, the Property Owner agrees to the followingvisions: . The Property Owner shall subject the construction work on the projectto such inspection and approval during the construction of the Program Improvements and after completion of theImprovements as may reasonably be requested by the Program Manager for Monroe County. Afterb. final completion of the Program Improvements, the Property Owner shall assume the responsibilityr maintenance and operation of the items installed, u s r constructed under this Agreement. Neither theFederal Aviation Administration nor the Countyresponsibility r maintenance and operation o these items. 35. Reduction of Fresh Air Infiltration. The Property Owner will be required sin Exhibit E (Ventilation Hof less t) which imputes II responsibility to the Property Owner for the r maintenance of Interior moisture humidity levels. 3 . §aIva_Ale of t ri l l n . I therdesires to retain any of the material or equipment removedthe Property as a result of the Program Improvements, y Owner shall arrange for the salvagesaid materials anequipment i lwith the Contractor at the Property Owner's sole risk and . The County assumes no responsibilityr the conditionof the material, equipmentr surrounding It of the owner-requestedsalvage. The OwnerProperty and the Contractor shall, prior to the n ion, -uponagree cut document listing h items to be salvaged. In the absence Prppero Owner Noisecation Agreement Page 10 oft of such a wrftten agreement, all It shall become the property of the Contractor, Matedals and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 37. Prop gly-Jnsurance. During Program. construction period, the Contractor will provide builder's Hak Insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a horneowner's insurance policy for the duration of the construction of the Program Improvements, The Property Owner understands that, following final completion, the Contractors builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38. TLming, and Effects of Constru6tion. The Property Owner understands that there is a chance that construction itself may exceed the Contractors original projected construction time period, The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended peflods of firne. 39. Labor and Material Release. The Property-Owner releases and forever discharges any and all claims, it and actions against the Program Manager,, the County and its officers, employees, agents, consultants; and contractor's and suppliers with respect to 'issues relating to the corribrmance of labor, material an s d acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 40. Sale of PMRe In the event the Property Owner sells, conveys or other-wise transfem title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this.Agreemerit pdor to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purct-wase, conveyance or other transfer of the Property. 41. 'Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or, any other term, covenant or condition hereof. 42. Release of Easement. In the event that this Agreement is 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 ($100,00) to cover the costs of the preparation and recording of the Release of Easement docurnent in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clearo the title to the Property. P�vpeHy Owner Noise Inm1ation Agreement Page I I of 28 43. Authoqty, to Execute On Behalf Of Count . By Resolution No. 11 J- 2004, duly motioned and passed at a lawfully nnoupublic meeting, the o f County Commissioners n i , on the 1 r day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit : Program Policyt to t . b. Exhibit : Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit Deficiency old Harmless Agreement e. Exhibit : Ventilation Hold Harmless Agreement 5. General Conditions. . _ 'rn Law Venue, Interpretation, Costs,_a . (1) This Agreement shall be governedby and construed. i accordanceit the Laws of the State of Floridaapplicable o contracts made and to be performed entirely in the State. ( ) In the event that any causef action or administrative proceeding is instituted t the enforcement or interpretation i t, the County n aOwner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. ( ) The CountyOwner agree that, in the event o conflicting interpretations the terms or a term of this Agreement by or between them, the issue II be submitted to mediationprior to the institution of any other administrative or legal p din . ( ) The Countyand Property Owner agree that in the eventn cause of action or administrative proceedin is initiated r defended relative to the enforcementr interpretation of this Agreement, the prevailing party shall e entitled to reasonable , investigative, and out-of-pocket expenses, inst the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shallb in accordancei the FloridaulCivil Procedure and usual and customary procedures required by the circuit rt of Monroe County. b. i ins Effect. The terms, covenants, visions of this Agreement shall bind and inure to t fit of the Countyn r and their respective'l I representatives, successors, and assigns. Owneri imulation Agmement Page 12 of 2 c. Severabilit If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance r ) shall be declared invalid or unenforceable to any extent by a courtof competent jurisdiction, the remaining terms, covenants, conditions and provisions of thisAgreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, v nditions and provisions of this Agreement would preventthe accomplishment of the original intent of this Agreement. d. Each party representsn the other that the execution, delivery and performanceof this Agreementh v duly authorized by all necessary County and Property Ownera ion, as may be requiredy law. e. Duration of Ag ruW . This Agreement.shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonablyrequired Program Improvements (t 'Term"), except as may be sooner terminated in accordanceih the vision this Agreement. f. Acceptance of Gifts. Grants, Assistance Funds, gr Beguests. The County and Property Owner agree that each shall be, andis, empowered to accept 1br the benefit of any or all of them, gift, grants, assistance funds, or bequests to be used r the purposes of this Agreement. g. I i s for eder _I or State i . n ner agree t each shall i , e to applyr, seek, and obtain federal and state funds to further the u this Agreement, provided that all applications, requests, nproposals, and funding lici tis by the Property Owner shall be approvedthe County prior to submission. h. Adludication of Disputes or Pi_a a en The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between tives of each the-parties.. If the issue r issues are still not resolved to the satisfaction of the parties, then any party shall have theright e such relief or remedy as may be providedy this Agreement or by Florida law. i. Nondiscri m ination. The County and Property Owner agree that there will be no discrimination agaist any person, it is expresslytoo 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-andr agree to comply with all Federal and Floridatut II local ordinances, as applicable, relating to nondiscrimination. 'These include but are not limited : (1) Title I of the Civil Rights Act of 1 ( .L. ) which prohibits discrimination on the basis of race, color or national origin; ( ) Section 504 of the Rehabilitation Act of 1973, amendedas ( 0U.S.C. s. ), which prohibits discrimination on the basis of handicap-, ( ) The Age Discrimination Act of 1975, as amended ( U.S.C. ss. 11- 1 ), which Aropeny Owner Noise bmiationen a 1 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 Alcotiollsm Prevention, Treatment and Rehabilitation Act of 1970 (P.L 91-616). as arnended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health Service Act of 1912, as. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to nond lscHm!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 Vill Sections 13-101 through 13-130), as may be amended from time to time, relating to nondiscrimination, and (10) any other nond iscriml 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. i. Po9pqrstion. In the event any administrative or legal pmceeding is instituted against either party relating to the fonnation, 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 reIt ed to this Agreement or any Attachment or Addendum to this.Agreement. k. Books, R@qprds Documei-its. The County and Property Owner , and shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied, Each party to this Agreement or their authorized repress ritatives stiall have reasonable and timely access to such records of each other party to this Agreement 1br audit purposes during the term of the Agreement and for four years folloWng the termination of this Agreement. 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has arly interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance -under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and employees of 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, regardin* g, but not limited to, solicitation or acceptance of gifts; doing business with one's agericy; unauthorized compensation; misuse of public position, conflicting employment or contreictual relationship; and disclosure or use of certain information. Owner Noise InsWation A&wment Page 14 of 28 il?4e ...... ........ n. No Sol!citation/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 firm, other than a bona fide employee woridng solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access., The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this proAli on by the Property Owner. Public Records Compliance. Property Owner must comply vilth Flodda public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Flodda Statutes, and made or received by the County and Property Owner in conjunction wfth this contract and related to contract performance, The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the tenns of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. . The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied vAthin a reasonable time at a cost that does not exceed the cost provided in this chapter or as othervAse provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as -------........———------—---- P�vpeny Owner Noise InmdationAgmement Page 15 of 28 authorized law for the durationf the contract term and followingcompletion f the contract if the Property Owner does not transfer the records to the County. completion the contract, r, at no cost, t the County all public records in possessionf the Property Owner or keep and maintain public records that would be requiredthe rat to perform the service, If ti' OwnerProperty transfers all public records to the Countycompletion of the contract, t r shall destroy any duplicatepublic records that are exempt r confidential and exempt from publicdisclosure I t m If the Property Owner maintains t completion f the contract, the OwnerProperty shall meet all applicable requiramentsretaining lip records. All recordstored electronically must be providedto the County, upon requestf the County's custodianf records, in a format that is n ti Ie with the information technology syst f the rat request to inspect or copy public records relatingCounty contractt be made directlythe County, but If the County does not possess tile requestedrecords, the t ll immediately notifythe Property Owner oft request, and the PrDperty Owner must provide the records,to the County or allowthe records to be inspected or copied withinl time, If the Property Owner has questiorisi the application of Chapter , Florida Statutes, t t duty to public records relating to this rat , contact the Custodian of Public Records, d I t Non-Waiver292-3470. p. f I r�lt y, NotvAthstandingthe provisionsf 768.28, Florida t t , the participationthe County and Property Owner in this Agreement and the acquisitionf any.cornmercial liability insurance coverage, self- insurance , or local government liability insurance l coverage. shall not be deemed a waiver of immunity the County to the extent of liability , nor shall any contract t into by the County be requiredto contain any provisionfor waiver. q. Privilege rid Immunities. All of the privilegesimmunities from liability; exemptions from laws, ordinances, and rules; and pensionsrelief, disability, cornpensation, and other benefits whichI to the activityf officers, agents, volunteers, or employees oft r , when performingtheir respective functions under this r t within the territorial limits f the Countyshall apply to the degree and extent to the performance of such functionst f such officers, agents, volunteers, or employees outsidethe tenitodal limits f the County. r. I li ti n l illl I ti f Constitutional r t i l t l not intended t , l It be try relieving l l a tlng entity from any obligation or responsibility imposed upon the entitylaw except to the f actual and timely thereof by any other participating entity, in I the in satisfactionthe obligationr responsibility. Further, this t is not intended t , nor shall it be construed , authorizing the delegationf the constitutional or statutory duties f the , except to the extent permitted by the Floridatit ti , _......._..._........_ .. ... __ .., _.._......... Prop"Owner Oise insulation Agmment Page 16 of28 state statutes, case law, and, specifically, the provisions of Chapter's 125 and 163, Flodda Statutes. s. Non-Reliancf*re by Non-Parties. No person or entity shall be entitled to rely upon the terms, or ariy of them, of this Agreement to enforce or aftempt to enforce any third-party claim or, entitlement to or benefit of any service or program contemplated hereunder, and the Coun,ty and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authodty to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Aftestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. Persongi UaVL11ty. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe. County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the exe'cutlon of this Agreement. v. 'Execution in Counteroarts, This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Hqgdbo. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agived that such section headings are not a part of this 'Agreement and will not be used In the Interpretation of any provision of this Agreement. Propeny Owner Noise Inniadon Agrwment Page 17 of28 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. ......................... ............ .............................. PROPERTY OWNER: =77 A,1, Pdnted Name PwIrAwl Namis SO njore Date' PdrW Name ................. ............... .................... WITNESSES: PROPERTY OWNER: yl/ SIgnature W" , knted� F�,ame exe Prfntod Name azrt J/ Igi LA, 7 Date Pflnted Name .............------------------------ 0 Oe*NTY BOARD OF COUNTY COMMISSIONERS: (SeatX MAYOR1 CHAIRMAN: DOKCLERK SLYVIA MURPHY ................. P L By: ...... Deputy Clerk Signature ........... to J ............... Pmp&V 0wner Noise ImulaLion Agreement Pa.v,�,18 of28 PROGRAM POLICY STATEMENTS i Exhibit A To Property Owner Noise Insulation Agreement A. Air w g: n Whilel k i r condominium f the Noise Insulation modifications, t 11 1 limitations and res# ' i ill apply to all condominiums: All condensing unitsill be installed n the balcony All refrigerant lines l from the balcony condensing unit) will be installed consistent t l , maintaining a maximumheight of 48 inches. 3. All condensate linesill be installedthe buildingr consistent with policyBoard 'r t level of consistency and building architectural aesthetics. All lt ' r AC lines t, condensate, electrical) and Energy Recovery Ventilator ill be housed in new vertical wall and comer pilasters which ill be constructedt the qualityexisting l locations of the new vertical l r pilasters will differ depending on your unique condominium l ill reviewthis information 1P Design ReviewMeeting. 5. Only electrical service panels that are detenninedthe Program Manager to be deficient lli be replaced by t f the NoiseInsulation modifications. B. -Window Sill Req!acoment. Due to the presence of asbestos, the ill provide customnew ill instead of the t to this l lexisting # Il its wood) will not be replaced. This ' i will be an improvement, while decreasingconstriction improving time i i . Custom- —Crown asbestos _ AIL,.,. The new restrict the ability to remove existing custom trim and baseboard prior to constructionoriginally iwill not allow sufficient time for the awarded general contractor to secure custom replacement . Therefore, existingmoldings, ll tdm, and base, the contractor will, instead, t the existingtrim pilaster r thru wall infil . At new pilasterlocations , If thru wall as infil1 abuts the existing contractorbaseboards, the will install fpaintedtrim to abut the existingtrim, rather than i to match the existingtrim profiles and materials. After the completionthe NIPconstruction, the property owner will Erhibit It-Property Owner Noise Insulation t Page 19 of 2 have the option to replace the installed tdm with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. Due to stringent Florida hurricane impact and water infilt building codes, all new aluminum acoustical pdrne entry swinging doors and sliding glass patio doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration dudng a hurricane. E. KWIBTS Asbestos Testing As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, B and C during the November 2017 to April 2018 time period. This testing included collecting 7 to 9 samples at each condominium to include gypsum board joint compouhd, window glazing, and exterior wI ndow and door caulking. In addition, random exterior stucco samples were collected on both the Valkway" and mcourtyard / 6a—loor� building elevations. Depending on the laboratory analysis of these samples, the presence of asbestos containing materials (ACM) have the potential to impact several areas of the NIP construction process to include: - window removal and acoustic window installation, - door removal and acoustic door installation, - removal of portable "through-wall" AC units and the infilling of openings, - ceiling cuts required for installation of the ductless AC, - 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 soffit ter installation of the ERV. F. Asbestos Abatement Reguirements In the event any samples show a presence of asb'estos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: lf..saMles show a presence of ACM < 1% 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. ........... Exhibit A-Propeny Owner Noise Insulation Agreement Page 20 of 28 Lf sa The NIP contractor YAII be required to perform full asbestos abatement procedures as dI rected by the Environmental Protection Agency(EPA) to Include: Construction of ACM containment barflers In all areas (walls, callings, closets, windows1doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - it sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement)workers. will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. - Given the cost to provide required asbestos abatement procedures, the FAA YAII 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 vAII result In new property owner requirements and design restrictions which are outlined below. H. KWBTS BOARD Authorltv of Design Decisions. The KWBTS Board will have the AutFo—Hty to make several of the Program design decisions to include: 1. Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes 3. Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Spilt" AC System Installation Requirements 5. Interior Ductless "Mini-Splif AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment ............... Exhibit A-Property Owner Noise Insulation Agreement Page 21 of 28 LEGAL DESCRIPTION Exhibit NoiseTo Homeowner ti Condominium Unit 203-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, condominium, together with an undivided interest in the common elements, according to the Declaration of Condominiumthereof, recorded in Official Records Book589, Page 70, as amended from time to time, of the Public Records of Monroe County, Florida. Exhibit -Property Oymer Noise Insulation Agreement Page 22 of 28 PROGRAM IMPROVEMENTS representsExhibit C To Homeowner Noise Insulation Agreement This Exhibit C I I includes the Program Improvementsthe Program Manager to reduce the interior environment of a property by a minimumf five (5) decibels. typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows Replacement41 Aluminum Acoustical ReplacementI Acoustical Sliding GlassPatio __ ............ Propeny Owner Noise Insulation23 of 28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement ® In partialconsideration of the i County and the Program fbr the Program Improvements to .be made to the Property described in the Agreement of even date herewith (t "AgreemerTr) between the County and Property Owner and to which this , the undersigned, behalf of the undersigned and the helm, personal representatives, successors, and assigns of the undersigned, releases, i discharges, indernuffies and covenants not to sue, institute l against, or institute any proceedingsagainst, the r any of its agents, officers, employees, It r contractors concerninglclaims, , damages, actions or causes of action' whatsoever i it r death, damage to the property, and the consequences thereof, and any of the foregoingwhich undersignedr their respective helm, personal representatives, successors and assignsi connectionall Pro-Existing Deficiencies (t "Deficiencies") againsti County or any of its officers, agents, employees, I and/or'contractors legally liable. 2. The Property Owner understands and assumes it responsibility Deficiencies in t whether visible to the Program Manager or unseen. 3. The Property Owner understands that the Deficiencies include deficiencies present in the Propet the time i is Agreement which could Include, but not be limitedviolations, I damage, watermoisture damage, hazardous tWals, infestation and/or any issue that would negativelyimpact the installation and performance of the Program Improvements. 4. f visible, the Property Owner understands thatt r may identify i i t any timethe Program process (including des bid and constructiona If identified Program Manager will I I the observed Deficiencieseither i or"Severe". ® The Property Owner assumes fullresponsibility r the worsening documented Minor ri I . 6. In t s Deficiencies identified Ownerprocess, the Property agrees to completeI to the Property, to the acceptance of the Program Manager, as a preconditionto the commencement of constructionthe Program Improvements. In that " Deficiencies are uncovered during t , the Property Owner agrees to complete Exhibit D-Property Oymer Noise Imnlation Agreanent Page 24 of 2 repairsnecessary to the Property, to the acceptance of the Program Manager to minimize ny delay or stoppages of work. . The undersigned cn Iedge and agree that all of the releasehold harmless and indemnity ' ion in Paragraphis Exhibit Q apply to property , injuries, deaths, or damages arisingt Deficiencies for all negative impacts that later l r the additionthe Program Improvements. provisions of thisExhibit Q shall survive the terminationor expiration of the Property Owner Noise Insulation . undersigned8. The vi ion f this Exhibit___ _ shall binding i t t I itrespective i l representatives, successors and assigns. WITNESSES: PRO PEJ,RTY OWN ERi za Signatu rel r Printed Name y�,{ 9 ,.,.,.,.,.,.,.,.,.,.,.,.,�.aaaaaaaaa aaaaaaaae Pdntfi ame §ig ature t f Printedfume I Kj,... 9 S � Sligneturw. Printed Name N g _ Pdnted Name sign ture -, ,��.. ' „"�'`�� Prin Name u .. .... .. .,. WITNESSES: PROPERTY OWNER: Signature uuu I Signature Printed Name ._... .._ ....... Printed Name Signature bite Printed Name idiibki - e r Noise Imuladon Agreement Page 25 of 28 VENTILATION Exhibit NoiseTo Property Owner 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the a ') between the County and Property Owner and to which this Exhibit is attached, the undersigned, r and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns a undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, ploys Itand/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 is accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said Countyor any of its officers, agents, loe n n and/or contractors to b legally liable. . The Improvements may include the addition of acoustical windows and doors, removal and infilling of 1 - all" portable air conditioner units and the addition of a replacementless "mini-split" air conditioning system. Because these modifications will result in a tighter interior environment due to the elimination o all passive Inside / outside air leakage that was naturally occurring in all openings, the Program will also include the addition of a energy recoveryventilation ( ) unit which will provide an adequateexchange of inside / outside it to the condominium as required building . 3. Given the tightened interior environment of the treated n iniu , the Property er agrees to assume full responsibility for the proper operation of the now Program less AC system and energy recoveryventilation ( V) unit to avoidthe potential for mold and moisture problems, especially urin periods when the condominium is closed and uninhabited. 4. Due to FAA eligibilitylimitations, the Program will not be providing bathroom exhaust fan treatments. Sincebathroom tubsand/or showers are a source of moisture ens do in the interior environment of a condominium, the Owner agrees to assume full responsibility for ensuring that all bathrooms have an operable bathroom fan capable of properlyexhausting bathroom moistureo the exterior f the building. It should also be noted that the original KWBTS condominiums constructed with a small wall vent that was designedallow the passive t o & - e insulation Agreemen e 26 of 2 bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condition, these original wall vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/or gases into the condominium interior. The Property Owner agrees to assume full responsibility for the sealing of original wall vents in all bathrooms and for any and all negative impacts that may result if left untreated. 5. It is clearly a building code violation to duct laundry dryer exhaust to the KWBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to correct this deficiency by properly exhausting their laundry dryer exhaust in an It tip method that meets current building code, at their cost before the initiation of the Program construction process. Furthermore, the Property Owner agreesto assume any and all liability related to the improper ducting of their laundry dryer exhaust. 6. The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property Owner understands and assumes full responsibility fbr maintenance fittedor moisture and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility lbr the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 7. The undersigned acknowledge and agree that all of the release, hold han,niess and indernnity provisions set fbrth in Paragraph I of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deficiencies arising after the addition of the Program Improvements Including, but not limited to, high humidity, mold, mildew,-and/or lack of proper exhaust ventilation. The provisions of this Exhibit E shaji survive the tennination or expiration of the Property Owner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and in to the benefit of the undersigned and their respectI ve heirs, personal representatives, successors and assigns, WITNESSES: PROPERTYO��NER: '7 Signature . ..... Le Pflnted Name 11MUFS Date Pr;Med Name Exhibit E-Property Owner Noise Insulation Agreement Page 27 of 28 .... .... WITPI�,PSES: PROPERTY OWNER: t .. f Signature Printed Name .�� Printed N e�yy J. n re Datey gLi E M' Jere% U Il _ .. ...�. ,$ .®... ... 99 Jf Printed Name .._ _______...__.... ..... ......... .Y.......... WITNESSES: Signature ....................... .......................................__._ Signature Printed Printed Name _.. Signature M. M.M.M.M.... i� Date Print me ExhiNt E-Property Owner Noise Insulation Agreement Page 28 of 28