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09/18/2019 Agreement/Easement-C204 �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 reRared By and Return To. Heather 1 NIP Assistant Project Manager 1 0 11.08 AM Pap t of4 THC, Inc. 710 Daculait 1 Stamp Dacula, GA 30019FUed and Recorded in OfEcW Records of AVIGATION EASEMENT Key West International Airport Noise Insulation THIS T AGREEMENT is enteredinto this -'day of ` by "SCOTT D. MAURER & CHARITY MAURER", hereinafter referred t 'as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, body politic and corporate, hereinafter referred to as " C." RECITALS: A. The Property Owner is the fee simple titleholder to certain realp rty("the Property') located in Monroe County, Florida, o particularly described as follows: Condominium Unit No. -C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common elements, according to the Declaration Condominium the in icil s Book589, a 7 ,as amended from time to time, of the Public Records of Monme County, Florida. also identified as street address: "2601 S. Roosevelt Blvd., Unit " B. The BOCC is the owner ownerand operatorof Key West Intemational Airport("t i ort")and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraftnoise compatible for residential purposesu the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and moific tion the Property Owner'snecessary to reduce interior noise levels at least 5 d13 and to bringthe average interior noise level below 5 in accordance with I Aviation Administrationpolicy. Granting of an Avigation Easement("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The fundingsource for said NIPill include funding the United States Government pursuant to the Airport and AirwayImprovement f 1982, and will include funding from the BOCC, actingin its capacity the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property K tin eonl Airport NIP— vi aeon a (unit ) Page 1 of 4 Owner Noise Insulation Agreement with the BOCC, The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain 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 bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Federal Aviation Administration (Nthe FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of 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 through the NIP,the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the PrDperty Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and conve'y to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the dght to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, during operation at, on, to or fMm the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included wIt hin the purview of this Easement. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest,does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC mernbem, officers, managers, agents, servants, employees and lessees, fmm any and all claims, demands, damages, debts, liabilities, costs, attorne)(s fees or causes of action of every kind or nature for which the Property Owner or its helm, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or, aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key West Intemadonal Airport NIP—AvIgadon Easement(Unit NC204) Page 2 of 4 4. This Easement expressly excludes and reserves to ther and to the Property Owners heirs, assigns and successors in interest, claims, , debts, liabilities, costs, ' or a rt's , r causes o ion for physical r I injuryby anyi r part of any aircraft using the n that does identifiable ph is I damage to the property or injury to a person n the y by coming into direct physical contact withthe property or the the property. 5. Should either party hereto or any of their successors or assigns in interest retain counsel to enforce anythe provisions i t protect its interest in any matter arising under this Agreement,or to recover damages by reason of any alleged y provision of this Agreement, the prevailingshall be entitledto all costs, damages and expenses incurred including, u not limited t , attorney's feesis incurred in connection therewith, including appeI! t ion. vision of this Agreement is to be interpreted for or against any party becausethat party r t legal representative drafted such provision. This Agreement shall be interpreted and construedi to the laws of the State of Florida. breach of any provision of this Agreementiv unless in writing. Waiver of any one breach of any provision of this Agreement shall not be deemedto be a Waiver of any other breach of the same or any other provision of this Agreement. ThIsAgreement amendedmay be only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable h remainder f this Agreement and II in no way impair or invalidate other provision hereof so long as the remaining visions do not materially alter the rights obligations f the parties. I such condition, covenant or other provision shall be deemedinvalid due to this scope or breadth, such covenant, conditionr other provision shall be deemed valid the extent of the scope or breadth permitted by law. 8. In the event the Airportshall be subdivided into more than one parcel, or the Airport or portion thereof becomes subject to operation, management or administration by a party in additionto or in lieu of the BOCC, then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues r standard airportflight purposes, and that any such successor in interest to the BOCC shall be entitledall of the benefitsinthe BOCC hereunder. Owner9. The Property agrees that the Property Owner shall bear and be responsiblefor II costs of maintainingtin any sound attenuationt ri I ui t installed in the Property by or on behalf of the BOCC. __.... .._._ ......—- t Intemational Airport NIP—AvIgation Ea ent(Unit ) Page 3 of 4 This Easement Agre . executed as of the date first above wiritten. OWNER: r� t, Sig n signature } "S eta " 0as�a"� �ti rl a Printed Name t „+ -__. DateDate STATE F i I' r" COUNTY i The fo r egaing instrument was acknowledged before this ,..day of „ 201q_ Y r Property Owner t _, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR: F .g tia I Printed Name � z Printed , Signature Minted - Printed Name - �naw,� „ STATE OF FLORIDA COUNTY OF MONROE � ' The foregoing instrument was acknowledged before me ;, 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. �...a_ My Commission Expires: Notary Public Signature _ l F CEY p l Key WastIn atJo I o I - VI n e e.. Unit i s�A T �,INT * Page 4 of 4 Address: Key,West,b `_ e._ _.� Unit No.: C204 Name(s): Maurer INSULATIONPROPERTY OWNER NOISE KEY EST INTERNATIONAL T, MONROE COUNTY THIS NOISE INSULATION (this "Agreement") is made and effective the date fast below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). I S, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Prope ); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, king off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's ois Insulation Program (the "Program") and, as part of the Program, theProperty' Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"), said Program Improvements to be paid for by the County 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 Property; and WHEREAS, the County will enter into a construction contract with general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by 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 provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and .... _ __._._... _. ............ Omer Noise InsulationAgreement Page l of 28 sufficlency of which are hereby acknowledged, the Property Owner and the County hereby agree as lbilows: I. . Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records o,f Monme County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. PMg—mm Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restdctions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements pmvided to the Property Owner by the Program Manager, A copy of the Program Policy Statements is attached hereto as Exhibit A. 3. Paymqnt of ftgram IMpIp t . he County agrees to pay for the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed, by the Program Manager, and performed by the Contractor. 4. Impedina, CorWetitive Bid Process. The Property Owner shall not impede or interfere with the Contractors ability to select between approved pmduct rnanufacturers and subcontractors in the preparation of bid submittals. To insure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractors bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contrast will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. Post- t l __ .__ i l It . The Property Owner shall meet all responsib 11 ffies and requirements pertaining to both 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, coins, guns, antiques, helflooms, etc.)from their condominium; (2) Moving of all fumiture and belongings into the "Designated Storage Space Area" within the condominium, providing the required mclear area" (white —- - - ------- ..... Pmperiy O�mer Noise Imulation Agreement Page 2 of 28 space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilizethe complete "floor to coiling" space. ( ) Removing of all excessive furniture ! n in the condominium ill not fit in the "Designatedt c ' ( ) Removing all window and door treatments (such as blinds, plantation , etc.) n storm t in the "Designated Storage Area"; ( ) Removing all electronic and dust-sensitiveitems from their condominium r wrapping withiv iy before storingh in t "Designated Storage Space "; ( ) Removing all wall hangings (such as mirrors, pictures, i shelves, etc.) and storingthem in the "Designated c "; ( ) Moving all small items and belongingsinto either the closets r bathrooms as outlined in "Designated tSketch" Afterb. completion of the NIPconstruction, the r shall meet all Post-Construction requi nt to include: (1) Movingall furniture and belongings stored in the Tesignated Storage Space Areas" back to their original positions in the condominium: t O he condominium; Moving of any excessive furnituren ! n in s back-into O Re-installation of aII wall treatments, door treatments !I hangings back to their original positions in the condominium. c. In the event the Property Owner falls to perform any and all of the above - ostr ion responsibilities, the Property Owner shall be removed from NIP participation anthe Property Owner shall be liable to the County and/or Contractor for any and all resulting damages andall direct and indirect I t thereto. d. In the event the Property Owner fails to perform any and all of the bye Post-Construction responsibilities, the Property Owner shall be liable to the Countyfor Contractor for any and all resulting damages and all direct andindirect costsI t thereto. . ImpgOtg Construction. Once construction of the Program Improvements beg the Property Ow' r shall not i ion or alter construction schedules. I addition, t r shall prevent anyall tenants that Property during the construction of the Program Improvements fmm impeding t ion or altering construction schedules. In the vent the Property Owner or any tenant occupying the Property impedes construction r .... Owner Noise Insulation ent Page 3 of 28 altersthe construction schedule, the Property Owner shall be liable the Contractor and the Countyfor any damages and all direct and indirect s related thereto. Working nvi n n . The Property Owner shall be responsible r providing a safe workingenvironment for the Program Manager, Contractor, subcontractors, suppliers, n iCounty, to and federal inspectors. . Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsiblefor: (1) Providing a workingnvi n t that is free from potential healthrisks, blohazard conditions, hazardous chemicals, cl of any kin for explosives-, ( ) Refraining from verbal or it ; ( ) Refraining from aggressive physical contact; and ( ) Insuring t all pets are completelysecured contained. b. In the event the Property Owner falls to meet any of the foregoing conditions, the c y, at the County'sdiscretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating r iv i ( ) and/orcondition(s) required to be completed r performed by the Property Owner prior to theCounty in process.Program . In the eventprocess is not resumed due to the Property Owner's failure to complete the correctiveion( ) and/or condition(s) required the Program Manager, the Property Owner shall be liable n and/or Contractor for any and all damages and all direct and indirect I t thereto. d. If the Program processis resumed, the Property Owner shall be liable to the Countyand/or Contractor for any and all damages and all direct andindirect costs relatedr caused by the temporarysuspension of the Program process. 9. „Construction Delays. During the construction period, the Contractor may experience unforeseen complications relatingto the installation of the Program Improvements. The construction contract shall provide that delays relatedto these unforeseen lic dons are beyond the control of the Contractor and shall be excused so that the time for completion may reasonablye t ion schedules may also be revised if there is a delayin awardingthe contract or if the Program Improvements ve to be re-bld re-bid in the event of lack i in contractors and/or failure of the lowest nsiv , responsible bidder to executen vipayment and performance bond or show proof of required insurance. 1 . Changeso a Work. The r s the right t the plans and specifications and theImprovements, its .. _ ..._..— ---- Prop"Oymer Noise InnIation Agmement Page 4 off sole discretion, attime i t , provided such changes do not reduce the scope or quality of the Program Improvements ri i _Exhibit such changes are necessitatedi lconditions t readily detectable , normal property inspection . Acceptance11. 1 tl f the ProgramImprovements, the ll inspect or cause the inspection f the Program Improvements to determineif they were completedpursuant to the terms oft contract. The Program Manager retains so1 i ti authority r conformancer issues as they relatethe Contractor, subcontractors, suppliers acoustic i r is 'requested to attend the Substantial 1 t Inspection input to the Constructionr with respect to the identified punch-lit Kerns. In addition, the Property Owner is 1 attend the Final Inspection. In the event the Pmpertyr elects to not aftend the Substantial 1 r l i t Inspections, they releaser their ability t provideinput to ther try i r with respect to the acceptancef the Program Improvements. In the eventthere is a disagreement between the Property Owner and the r as to a conformance or perfbrmance issue, the OwnerProperty shall be requiredto submit the discrepancyin writing to Monroe County (representativerr the t within 7 days of the Inspection it rise to the discrepancy. Monroe Countyshall then make a determination ato the acceptabilityf the confbrmance/performance issue and remedial action that may need to be taken. Monroe Countyshall be the final arbiter of any conformance/performance/issues. it the r Owner to submit the written complaint within the time i ll thereafter foreclose the rightProperty Owners to file1 ir°rt. 12. _ n pf Aqreement. The Property Owner understands that the signing ft iAgreement r tiitit th the BID and CONSTRUCTION the Program Improvements in accordance with . Therefore, if the r aftempts to terminate this t or otherMse impedes the progress of the r of the Improvements after the f the constructioncontract, the Property Owner will be liable the Countyr any all damages and all direct and indirect costs caused thereby. noise13. r nti . rat t rat 1 l of reduction that _ Owner will experience withinresult of the Improvements of the r , Countythat I tract with the Contractor vAllinclude standardrr r warranties from the Contractor for all materials and workmanship. one-yearSuch t ll commence as of the.time of the acceptance oft work as providedfor in h 9. b. t the end of construction, the Program Manager YAII provide the Property Owner with a WarrantyFinal Closeout Package whichill contain copies the warrantypolicies, product instructions, i rr legal documents. As condition f receiving the WarrantyFinal Closeout Package, the Propertyr Propeny Ovmer Noise I ltin Agmement Page 5 of 28 must first submit a completedOwner Satisfaction Survey to the Program Manager. After receiving the Final Closeout Package, the r understands that the warranty policies for products used in ,the constructionf the Program Improvements dtffer among product manufacturers. In the event of claim, the OwnerProperty is solelyresponsible r pursuing all future r issues directly it t . c. In the wit of a claim, the Property Owner shall be solely responsible,for, and agrees to contact the Contractor or product manufacturer directly t coordinate required I to look solely to the I contractor r the product manufacturer fbr fulfillment of all warranties and for resolution of all product or construction warranty l The ry inquiry is not directly relatedto elther construction rra kl r product warrantiesh as windowcleaning r product maintenance) regardless t r the Property Ownersinquiry rigduring the one- year warranty period from the Contractor or thereafter; The Property Owner believes that warranty service 1 required withto construction warranty issues, the one-year warranty period from the general contractor has expired, The Property Owner believes that service is requiredwith respect to productissues, the advertisedr vet r the product has t expired, andthe manufacturer Is currentlyconducting its business; The Property Owner believes that service is requiredIt respect to product warranty issues, the advertlsddn wig for the has expired. 14. I tins Deficiencies. The Propertyr will be requiredt sign Exhibit (Deficiency I w I nth which will impute Il responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies the Property, whether seen or unseen. 15. 'Pre-Work Reguirements. The Propertyr will be required to completeall rmar as required the NIPto successfullyaccommodate the NIPacoustic in t m The,u, -I 111 it t w 1 t l des i1a d Pre-Work it ing utiliz t , l nes as established_ �� I t event the Owner falls t It the ra I t items by the establisheddeadline, the Property Owner shall be removed from NIPrtl 1 ti w the Property r shall be liableto the County and/or Contractor for any and all resulting 11 direct and indirect Wt related thereto. 16. City of I t "l w w " Smoke Alarm Requirement, In compliance with i f Key West FireMarshall and the Cityf Key West Building Department construction permit issuance requirements, the Property Owner will be required to install It "hard-wired" smoke alarmsin their Ir ini I e ny 6 n o' e l la do" a ment o f accordanceitall applicable codes and regulationsthe required deadline established the NIP. The .PropertyO NOwner_ ill be jw, nsi „I u to ensurethat the smokeI s are not iniiii-led in same areas withincondominium h mod' i tion work will occur, to avoidrr_any potential Fimr)edance to the NIP_construction ems. In the eventr falls to install the designated - i smokeI s by the established I lin , the Propertyr shallbe'removed from NIP participation. 1 use io s. s y be �„ temporarily t any time ri the designand/or construction phases the discoveryDeficiencies to their potential impact on the Program Improvements and product warrantie . The Program process will not resume until the Property Owner has corrected all'relatedI ti ion of the Program Manager. In the event repairs are not completed in a timely r, the Property Owner will be liable to the County for any and all damages and all direct andindirect costs due to Iand/or stoppages of the work. 1 . Limitation on Alterationsto t rty. The Property Owner agrees not to make alterations, or to permit any tenant occupyingy portion Property to make alterationsto the existing windows, doors and/or walls from the time o the Design process until the construction of the Program Improvements v n completed. c i to this rulei - v in writing by the Manager. Failure to adhere to this requirementthe option of the Program Manager in its sole discretion, result in an immediate i of the construction of the Improvements the Property. The Property Owner will be liable to.the Countyfor all direct andindirect sts associated withunapproved It do n damages related thereto. 1 nPost-Construction i stingy s. - post- construction �uuuu _ �u. . noisetin i i t m,ro is designedt determinemeasure and the actual achieved noise level ion level properties. If selectedr r for - & post-construction noise testing, e r agrees to provideto their property fbr testing agrees to not to makealterations interior of their property (with the exceptiono repairs of Deficiencfes) from the time the re-construction noisetest to the post- construction noise test. In an effort to insure it noise datacollection, the owner also agrees to preserve the interior layout f furniture, or coverings and window treatments from the time - st ion noise construction noise test. The Property Owner understands that the failureto adhere to this requirement may result in corruptionh noise testing t . Therelbre, the OwnerProperty understands they may be liable the Countyr any directindirect noise tin s in the event these requirementsnot met. 20. Cooperation. As reasonablyr shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of II phases of the Improvements including, t not limited , the removal and reinstallationof rugs, wall hangings andfurniture NopaV Owner Noise Insulation 2 . Utilities. The Property Owner shall permit the Contractor to use, at no cost to theContractor or the County, existing tili !es such as light, heat, power and ter necessary to carry out the Program Improvements. 22. Qe__s_1gn_qnd Bids Access. At scheduled iand/or upon not less than twenty-four ( ) hours advance o f (via ! !1 andlor letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, t I inspectors nul s to the Property to collectdevelop II final design and bido visits could include, not be limited survey, design survey, hazardous ri I inspection, pro-noise testingpre-bidvisit. In the eventthe Property Owner falls to provide to the Property for all required NIPsin and Bidvisits, the OwnerProperty shall be removedfrom NIPparticipation. 23. Pre-Construction Access. The PropertyOwner agrees to provide accessthe Property forty-eight ( ) hours prior to the scheduled t rt of NIP construction. This short visit will proVide ther with the abilityto ensure that the Property Owner has met all furniture storage responsibilities. it l resultin the suspension scheduled I ion and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect sts related thereto. 24. Pre and Post Construction Access. At scheduled times and/or on not less than twenty-four ( ) hours v oti (We NIP !1 andlor letter) and per the establishedI construction schedule sin , the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, u li , County, State and federal inspectors and consultants ss to the Propertyprovide II required NIP - st ion and Post-Construction visits. These visits coin include, but not be limited final measurement, pre-construction inspections, review of Designatedi construction inspections and post- construction noise testing. In the eventr falls to providefor all requiredIP Pre and Post Construction visits, h r shall be removed from NIP participationr shall be liable to the County !or Contractor for any and all resulting damages and all direct and indirect ! t thereto. 25. Construction Period Access, Upon award of NIPconstruction contract, the Contractor will provide the Program Manager with their final construction schedule, i ill include ui r of calendar complete the NIP construction in eachthe participatinginiu ischedule, the ManagerProgram ill sin c Owner with si n t r o calendar days in whichion will occur in their condominium. The Property Owner agrees to relocatetheir condominium for the entireassigned i period. I addition, the Property Owner agrees not to re-enter their property for any reason during their assigned construction period dueto safetyc of i t to negatively impact the Contractor. In the eventr fails to provider their assigned nst ion time period, the Property Owner shall be removed from NIP ®____- -- . _._ _ _�__.... _. . . ------- P�rqpeny Omer NoiseImuladon Agmementa 8 of 28 participation the Property Owner shall be liable to the Countyand/or Contractor for any and all resulting damagesall direct and indirect t related thereto. 26. Construction �Period ExtensionDue to Hurricanes. Since the NIP construction period will extend into the Key West hurricane season, there is potential for construction delays and/or stoppages, beyond the control of the Contractor, in the event f a threat of an approachinghurricane and/or an actual hurricane event. Due to this possibility, the Property Owner understands that delays may occur in additionto their originally assigned construction time period, without any fault or cost to the Contractor Manager.and Program Furthermore, the Property Owner agrees to relocate from their condominium for all additional calendar days resulting from NIPconstruction work stoppages due to a hurricane threat or event t no cost to the County, Contractorand/or Program Manager. In the event the Prope r fails to providethe required additional access to their condominium due to hurricane-relatedr p , the Property Owner shall be removed from NIPparticipation n the Property Owner shall e liable to the County and/or Contractor for any andII resulting damages and all direct a - indirect sts related thereto. 7. P:Jpp sting ficienci s During Construction. In the vent the Contractor discovers pre-existing deficiencies at the Property duringthe NIP construction c s that a iv l impact the installation of the NIP improvements, the Property Owner agrees to immediately repait and remedlatesuch deficiencies in an effort to reducenegative impact on the le nt ion period. The Property Owner understands that, in n the timing of the pre-existing icirepair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. 28. I w ilin Conditions Construction Schedule. The Property Owner u that iiin conditions that Wij--a-Rio during1 n r ion may havethe potential to increase the original scheduled tin of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to planfor the "worst-case" possibility that the originally-scheduled const ion completion dateI additional days due to unforeseen building conditionsthat may arise and complicate the I construction. 2 � _ indo ..aaa 1 r at t des and Blinds. The OwnerProperty understands that, after the installation of now NIPis window and doors, the existingwindow and/or door treatments, shades and blips may not b compatible nor able to be re-installed u size differences between the existing in n doors. 30. Existing n Molding. During the installation of the new acoustic windows and doors, the NIP will be providingnew "standard" replacement interior trim sills. The Property Owner understands that the NIPreplacement trim ill not match custom and/or specialized crown moldingpatter and/or custom window and door trim. After the completion of the NIP modifications, the Property Owner will have the ability to makemodifications the NIP interior trim at their own expense. Owner Noise Insulation Agreementeft 31- CCommunication Requirements. The Property Owner agrees to read and review all NIP smallsand/or letters in a timely fashion which are being provided by the NIPto ensureschedule c . In the event the Property Owner fails to meet this requirement, it could result in removal from NIPparticipation. . Title Examination. The Program Manager has obtained r will obtain, at its sole cost and "Abstract Title" to ensure that the Property title is free from liens for title defects. 33. Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order t (!) correct any title s affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County serve t invalidate the Easement, and (!!) secure the written consent of any and all mortgage holders to the Property Owner'sconveyance f the Easement to theCounty if the County ins that it is necessary or desirable to do so (collectively, the "Tit/ Matters"). If, prior to the commencementconstruction of the Program Improvements, the County, In its of discretion, t ies that the Title Matters affectingthe Property may invalidate the Easement, this Agreement shall be null and void, the Easement shall be terminated. 34. Federal Assurance. As requiredthe Federal Aviation Administration, the Property Owner agrees to the followingvisions: a. The PropertyOwner shall subject the construction work on the projectto such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. Afterb. final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operationitems installed, h r constructed under this Agreement. Neither the Federal Aviation Administrationnor the Countya any responsibility for maintenance andoperation these items. 35. Reduction of Fresh Air Infiltration. The Property Owner will be requiredsin Exhibit E (Ventilation of I t) which imputes II responsibility to the PropertyOwner for the proper maintenance of interior moisture and humldfty levels. . Salvacie of Materials _ Eay:ip ent. If the r desires to retain any of the material or equipment removed from the Propertysuit of the Program Improvements, ner shall arrange for the salvageof said materials quip directly i the Contractor at the Property Owner's sole risk and expense. The County assumes no responsibilityr the conditionthe material, equipmentr surrounding surfacesresult of the owner-requestedsalvage. OwnerProperty and the Contractor shall, prior to the commencement of construction, agree upon and executedocument listing those items to be salvaged. In the absence w. .. . _. ... .._.__ Propeny Owner Noise I t Page 10 of 28 of such a written agreement, all It shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 37. During Program, construction period, the Contractor will provide builders dsk insurance for the Property. The Prop" Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowners insu*rance policy for the duration of the construction of the Program Improvements. The Property Owner understands tfiat, following final completion, the Contractor's builder's dsk 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. DMJug.���.,gonstruction. 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 fbr extended periods of time. 39. Labor and Material Release. The Property Owner releases and forever dischaiVes an y—ii—nd"all claims, It and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors and suppII ers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for material's and workmanship contained in the contract with the general contractor. 40. Sale of Prong-rhi. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under "this Agr e- ement to the buyer as a Wndition of the purchase, conveyance or other transfer of the Property. 41. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquI escence 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 document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear" the title to the Property. .......... Pmp&V O*wer Noise 1wulation Agmement Page 11 of 28 43. Authorttv to Execute On Behalf Of Count . By Resolution No. 111- L004, duly motioned and pass at a lawfully announced public meeting, the Boan:1 of County Commissioners of Monroe County, did, on the 1 r day of March 2004, grant full authority 1br the County Administrator to execute 071—sAgreem—enton 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 referenc6. a. Exhibit A: Program Policy Statements. b. Exhlbit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement 45. General Conditions. a. goveminA_Law, Venue. InterPretation. Costs. and Fees. (1) This Agreement shall be govemed by and construed in accordance Wth the Laws of the State of Florida applicable to contracts made and to b8 performe' d entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for Die enforcement or Interpretation of this Agreement, the County an that r 'd Property Owner agree venue will lie in the appropriate court o befbre the appropdate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation pdor 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 aftom�eys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pur'suant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circult court of Monroe County. b. Bind ing-0ect. 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. 11-1-1--1............... P�-qpeny 0*wer is Inmiation 4mement Page 12 of 28 c. Severability., If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be'affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to thefullest extent perTnifted 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. Ay±orlt 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. a. Duration of y A-reement. This Agreement shall commence upon the execution of this Agreement, subWe-46e--nt 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 "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. f. Aoceptance of Gifts Grants, Assistance Funds r Beguests. The , p_ -- _ County and Property Owner a ree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. g. Claims for 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, grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. h. Adjudication of Disgut es r PjMement ® The County and Property Owner agree that all disputes and disagreements shall be aftempted 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 relief or remedy as may be provided by this Agreement or by Florida law. I. Nondiscrimination. -The County and Property Owner agree that there will be no discrimination against any person, and it is re sly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatic'allyterminates 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 iscriml nation. These include but are not limited to: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as arnended (20 U.S.C. s. 794), which prohibits discrimination on the basis of handicap; (3) The Age'Discrim ins ation Act of 1975, as amended (42 U.S.C. ss. 6101-6107), which ---------- Prop"Owner Noise Inmlafion Agmement Page 13 of28 prohibits discrimination on the basis of age; (4) The Drug Abuse Office And Treatment Act of 1972 (P.L. 92-255)s as anended, 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; (6) The Public Health Service Act of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to corifidentiallty 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 frorn time to time, relating to nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Flodda 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 nondiscrimination provisions in any federal or state statutes or local ordI nances which may apply to the parties to, or the subject matter of, this Agreement. j. Cooperation. In the event any administretiVe or legal pmceeding is instituted against ther party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner ® i 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 Records and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authodzed representatives shall have reasonable and timely aocess to such records of each other party to this Agreement for it purposes during the term of the Agreement and for four years fbilowing the termination of this Agreemerit. . 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall 'not acquire any interest, which would conflict in any manner or degree Wth its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited I n this Agreement. m. Code of Ethics. The County agreas that the officers and empI oyees of the County recognize and wrill be required to comply Wth the standards of conduct relating to public officers and ornployees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gtfts-, doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of dertain information. Propeny Omer Noise ImWation Agreement Page 14 n. No Solicit ation/P@yrrignt, The County and Property Owner warrant that, in respect to Itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, cormission, percentage, gift, or other consideration contingent upon or resulting fromthe 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 frern monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration, o. Public Access. The County and -Property Owner shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by the Property Owner, Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public recordn materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Oymer. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County m,ay 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 advisers about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and bonditions of this contract, the Pmperty Owner Is required to: - (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt fi-om the Countys custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copI ed within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as Nopeny Owner Noise Imuladon Agreement Page 13 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 perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Countys 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 vAthin a reasonable time. If the Property Owner has questions regarding the application of Chapter I 19, Florida Statutes, to the Property Ownes duty to provide public records relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305) 292-3470. p. Non-Waiver of Immun�— — _L_jjK. Notwithstanding 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 coverage, or local govemment 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 walve'r. q. EdyUgggg and Immunities. All of the privileges and immunities from liability, exemptions from laws, �r—dinances, 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 employees outside the territorial limits of the County. r. Leqal Obligations ' and RepRo -Delegation of _Lisibiliti es, N on Constitutional or Slatuto Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity fmm any obligation or responsibility I mposed upon the entity by law except to the extent of actual and firriely performance thereof by any other participating entity, in which case the performance may be offered I n satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, Propaty Omer Noise Inmiation 4mement Page 16 state statutes, r , specifically, the provisions of Chaptersand , Florida Statutes. s. Non-Reliance by Non-Parties. No person or entity shaU be entitled to rely upon the terrns, or any of them, of this t to enforce or attempt t rn ftrd-party claimentitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authorityinform, counsel, or otherwise indicat thatparticular individual r group of individuals, entity r entities, have entitlementsr benefits under this Agreement separate and r , inferior t , or superior to the communityin general or for the purposes contemplated in this Agreement. tW Aftest�_ t a r r t cuts such documents a the writ reasonably require in the perfbrmance of the obligations and duties the Countyr Property Owner under this Agreement. u. No Personal Uit , 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 i , and no member, officer, ,agent or employee of Monroe County shallpersonally this Agreement or be Subjectto any personal Ublilty or accountability by reason of the execuflon of this Agreement. • ..,Executiont rparts. ThI.s Agreement may be executedi any number of counterparts, each of which shall be regarded as an ors gAriM, all of which taken together shall constitute one and the some instrument and any of the parties hereto cut this Agreement by signingt r r . • Section Headings, Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such sectionr , the interpretation vise of this Agreement. Nopery Omer NoiseImulation Agmement Page 17 of 2 IN I r and the County have executed this Agreement as of the day and year first above . ....... .. ............. I : PROPERTY OWN Ignatum • „, Er 1 $ ura ISA Viintid Aimee _ aaaWaww; �° - tea~ ."' `�� ,.'`, 0" wwss1�,r� Pflnted ame 1, ture ..,. .. Date WITNESSES" PROPERTY OWNER: signaturePdnted e Name S& MAC ad '..1`MONROq'dpUNTY BOARD OF COUNTY i b pp COMMISSIONERS: ( I� MAYORICHAIRMAN: tte , L SLYVIA Hy • p By: �q �. 1 Deputy Clerk Signature i Date ti , ®............... r _ .. ....... Prqpeny Omer Noise Insuladont —Yage 18 o a '1'j e s w1 PROGRAM POLICY STATEMENTS Exhibit To Property Owner Noise Insulation Agreement A. ir Conditioning: General Restrictions. While providingI "mink lit" AC system to your condominium as a part of the NoiseInsulation modifications, the following limitations and restri i i t apply to all condominiums: All condensing unitsill be installed on the ba ® All refrigerant lines (running the balconyi it) will be installed consistent with KWBTS Board policyrules, maintaining a maximumheight inches. 3. All condensate lines ill be installed the buildingr consistent with policyBoard I the highest level of consistency and building architectural aesthetics. 4. All interior lines t, condensate, electdcal) Ventilator ill be housed in new vertical wall and comer pliwhich III be constructedto match the llty of existing walls. The number and locations f the new vertical wall and comer pilasters will differ dependingr unique condominium r plan and number of bedrooms, The NIPtip i ill reviewI F information ' t your NIP Designi I . -Only5. I t ' I service panelsdetermined to be deficientill be replaced by the Program as a part of the Noise Insulation modifications. B. Window SHIReglacernen . Due to the presence of asbestos, the NIPill provide customnow ill instead of the existingsurround. to this i Iexisting it its wood) will not be replaced. This revisionill be an improvement, while decreasingi Improving time efficlencles. C. Restrictions _ _ .,....,.�, abatementThe now asbestos I ill restrict ili existing customMot and baseboard priorto construction " which will not allow sufficientI for the l- contractor to t replacement trim. Therefore, existing crown moldings, wall tdm, and bass, the contractor will, instead, cut the existingtrim flush to the face of the now pilaster or torn I -i fil . At now pilaster locations and, if thru wall ac infill abuts the existing baseboards, the contractor will install -f painted tdm t abut the existing rl rather than attemptingthe existingtprofiles and materials. After the completionconstruction, the property owner will i8dtA- er o° e-Insukdon Ag-reement Page 19 of 28 have the option to replacethe installed trim with other custom trim to matchthe existing materials and fifes. ThresholdD. Door ights. Due to stringent Florida hurTicaneimpact and water infiltration it is codes, all new aluminumacoustical prime entry swinging d sliding glasspatio doors will have thresholds that are considerablyi (from the floor) than existing door thresholds. These higher door thresholds designed t provide optimum protection to the interior of a condominiumwater infiltration rin hurricane. E. KW1BTS Asbestos Testing s required by state and federal requirements, THC conducted asbestos testing n all participating In Buildingsn duringthe November 2017 to April 2018 time period. This testing included collecting 7 to 9 samples atech condominium to include gypsum boardjoint compound, windowI i , and exterior window and door caulking. In addition, random exterior stucco samplesII on both the uwalkwayn and " u 1 lc ' building elevations. Depending n the laboratory I i 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 , II cuts requiredr the installationo the ductless AC, - construction of vertical all pilasters requiredr installation of the ductless systemAC s, construction of closet it for installation of the ERV. F. Asbestos Abatement Reguirements In the event any samples show c f asbestos containingtrial (ACM), the awarded NIP contractor will be requiredto perform the following abatement requirements urin construction: If samples show a Rrq�s ence of ACM e 10 The NIP contractor will be requiredto comply i r safety requirementst include r respirators, polycurtains in all areas where the surfaces i u and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. ._.........�..._._............. Exhibit A- er Noise Insulationt Page 20 of 2 ,If ApMples show The NIP contractor Ml be required to perform 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, windowMdoars),.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. - Air samplirig of containment areas and clearance of all areas by certified asbestos abatement staff toollow 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 Wth federal and state abatement guidelines. - The presence of ACM will have a significant impact on,the NIP construction process, lengthening the construction pedod and increasing the sequencing and coordination requirements of contractor crews. - Given the cost to provide required asbestos abatement procedures, the FAA wIII 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 wIII result in new property owner requirements and design restrictions which are outlined below. 14. KWBTS BOARD Authority of Deslan Decisions. The KWBTS Board will have the 7' Authority to make several of the Program design decislonsto include: 1. Acoustical Window and Door Matedal 2. Acoustical Window and Door Color and Hardware Finishes 3. Acoustical Window and Door Operational Styles ® Interior Ductless "Uni-Spilt" AC System Installation Requirements 5. Intedor Ductless "Mini-SpIlt"AC System Interior it Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment Exhibit A-Property Owner Noise Insulation Agreement Page 21 of28 DESCRIPTIONLEGAL Exhibit CondominiumTo Homeowner Noise Insulation Agreement i -C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together Wth an undivided interest in the common elements, according to the Declaration of Condominiumf, recorded in Official 370, as amended from time time, the Publicf Monroe County, Florida. IMPROVEMENTSPROGRAM Exhibit NoiseTo Homeowner I i t This Exhibit C representsthe Program Improvement package lbr an eligible home that includes the Program Improvements developed by the Program Manager to reducethe interior environment of a propertyminimum of five ( ) decibels. typical Program Improvement package may include: a Architectural Drawings F Replacement Aluminum Acoustical Windows + e Replacement Aluminum ustical Swinging PrimeDoor(s) Replacement Aluminum Acoustical Sliding Qlass Patio Door(s) �_. .... _.. ............ _. _... Zkhibit C-Aropeny Omer Noiselnudation Agrument Page23 of 28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D TO Property Owner Noise Insulation Agreement 1 In partial consideration of the compensation to be paid on behalf of the County and the Program fbr the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "AgreemenV) between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, f6r,and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the 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, employees, consultants and/or contractors concernI ng any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injudes or death, damage to the property, and the consequences thereof, and any of the fbregoing which may accrue to the undersigned or their respective heirs, pemonal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands and assumes full responsibility fbr the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and perfbrmance of the Program Improvements. 4. If AsIble, the Property Owner understands that the Program Manager may Identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If Identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor" or"Severe". 5. The Property Owner assumes Ul responsibility ibr the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified durIng the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered dudng the construction period, the Property Owneragrees to complete ............ ........... Exhibit D-Propen:p Owner Noise Insuladon Agreement Page 24 of28 necessary repairs to the Property, to the acceptance oft Program Manager to minimize any delay or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and hold harmI ess and indemnity provisions set forth in Paragraph I of this Exhibit Q apply to property damage, injuries, -deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. 8. The undersigned hereby agree that the terins and provisions of this Exhibit Q shall be binding upon, and inure to the benefit of the undersigned and their respective i�eirs, personal representatives, successors and assigns. ............... ......... T E PROPERTY OWNER: E M nature Sig nt Nameroture '3t_ame fl CIJ4 'S' Pin ame j" rited N ftroture ij, V2, 1—POnted Nam­e Data 7 .......... 1 OWN VY ,MISSMS, PROPERTY , 5R., ............ 'ture A Signature P, Printed Name Signature I—, Date Printed Name -—— — ------------ _ .................. ... ....... . ... ......................... WITNESSES: PROPERTY OWNER: Signature Signature Name Pflnted Name Signature Dat6 ............... Printed NaRi .............. Exhibit D-Property Owner Noise I ion Agreement Page 25 of 28 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To i Property Owner Noise insulation Agreement ® In partial consideration of the compensation1 f the County and the Program fort to the Property described in the Agreement of even dateherewith (t the County Ownerand Property and to which thisis attached, the undersigned, r and on heirs,behalf of the undersigned and the .. personal representatives, successors, and assignsf the undersigned, forever releases, remises, , inderrinifies covenants t to sue, institute l l against, or institute any proceedi i , the County, or any of its agents, officers, employees, consultants and/or contractors concerningll claims, i r causes of action whatsoever i it injuries or death, damage to the foregoingproperty and the consequences thereof, and any of the i undersignedthe r their respective heirs, personal representatives, assigns in connectionit ll Ventilation Deficiencies ( i l ") against said County or any ofi , agents, employees, consultants and/or contractors legally liable, Improvements2. The Program include iti f acoustical windowsI and infliling of "through-wall" portable air conditioner units and the addition replacement ductless "mini-split" air conditioningsystem, these modifications ill result in a tighter interior environment due to the eliminationf all passive inside i it leakage that was naturallyin all openings, the Program will alsoinclude the additionf a energy recovery ventilation ( it which will provide an adequatef inside i it to the condominium requiredit I ° ® Given the tightenedinterior environment of the treated i i , the Property Owner agrees to assume full r I ill r the proper operation oft ductlessProgram t ventilation ( it to avoid potential r mold and moistureIespecially during periods when the condominium is 1osed and uninhabited,' 4. Due to FAA eligibilityi i i , the Program Wil not be providing bathroomt fan treatments. Sincet r showers are a source of moisture generationin the interior t of a condominium, t r agrees to assume 1l responsibility that all toperable bathroom1 i exhaustingt I t r of the building, I l t 't t toriginal condominiums constructedi 1 l t that was designedit the passivet of i it E-Pmp&V Omer Noise Inm1ation Agmement Page 26 of 2 bathroom moisture in a central building exhaust shaft. During the Programdesign exhaustsurvey process it was discovered the KWBTS buRdings lack a solid central building shaft. Due to this existing itii un, these our& l wall vents (If stillpresent) have the potential to provide a pathway for unwanted air, smoke and/or gases Into the condominium m met mom rW The Property Ownerto assumefull responsibility for the seaflng of original ll vents In all bathrooms and for any and all negative impacts t may result if left untreated. . It is clearly a buildingm l t un to duct laundry r exhaust to the KWBTS central . In the event a Property Owner has incorrectly their laundry r vent to the KWBTS central building exhaust shafts, they agree t correct this deficiencyby properly tulrm their laundry r exhaust in an Mternative method that meets current building , at their cost before the initiation f the Program construction process. Furthermore, the Propertyr agrees to assume any and all liability W t to the improper ducting of their laundry dryer exhaust. B. The Prop" Owner understands tun that the Program Improvements "11 not address kitchen and bathroomntila band/or excessive interior humidity levels generatedthe Property Owner ,Mthln the interior of the condominium, The Property Owner understands andresponsibility for maintenance of punt rt r moisture humidityand levels. The urOwner agrees to assumefly responsibility for any occurrence, reoccurrence or ning of moisture l °ms and/or Interior u wt levels In the Property. In addition, the PropertyOwner agrees to assume full responsibility r the maintenanceoperation of the NIPtun modificabons after completion f the ProgramImprovements. . The undersignedr that allaft l and indemnity m i set forth in Paragraph 1 of this f ft E apply t Injuries, deaths, r damages sustainedIn urn ion with or as a result of any andl ant d r ventilation deficiencies arlsftr the additionf the mom m a t Including, but not limited t , high humidity, rrioW, uI l r lack r exhaust ventilation. The provisions f this f - shaH survive the termination r expiration of the Property Owner Noise Insulation Agr m met. B. The undersugned hereby agree that the terms ui un f this Exhibitl be bindingupon and unure to the benefit of the undersignedtheir respecUve Mrs, personal representatives, successors and PROPERTY- w% W SignatureAda ""�� _ Signature �, �u riV,d Name I" Printed ar e oT nk Date; Printed Name d L _.......... _ ......�.. ........... Exhibit E-Property Ovimer Noise Insulation Agreement Page 27 o ....... WITNESSES- PROPERTY OWNER: Slgnatun3 4 f Printed Name hnted Name s nature , . Date PAnted Name ...... WITNESSES: ... Signature Printed' Printed Name Signature rir Date di me I ...._.__...... ............... _... i i - r o' atio t Page 28 of`2