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09/18/2019 Agreement/Easement-C205 �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 111 % U Heather P. Foulen Doc#226373i am3oispe2rn NIP Assistant Project Manager Rworded4,21f2o,_V11x08AM Ngelof4 THC, Inc. 710 Dacula Rd., Suite 4A#315 Dftd Due SwW$&00 Decula, GA 30019 Filed and Recorded i-d OfllciW Rewr&of MONROE COUNTY IMVfN MAWN,CPA "IGATION EASEMENT Key West International Airport Noise Insulaflon Program THIS EASEMENT AGREEMENT Is entered into this �L day of, 20 C% by "KATHY S. DONOHUE, THOMAS R. DONOHUE JR., MORLEY D. I NBERG, REESE W. DONOHUE &COERT V. DONOHUE hereinafter referred to as Othe Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter refened to as uBOCC11 RECITALS, A. The Property Owner is the fee simple titleholder to certain real property ("the Propev) located in Monroe County, Florida, more parficularly described as follows: Condominium Unit No. 205-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium according to the Declaration of Condominium thereof, recorded In Official Records Book 589, Pages 370 et al., of the Public Records of Monroe County, Flodda, together YAM all appurtenances thereto, Including an undivided .4849% interest in the 00mmon elements of said Condominium as set forth in the Declaration thereof. also iderittfled as street address, "2601 S. Roosevelt Blvd., Unk C20&' B. The BOCC Is the owner and operator of Key West International Airport('1he Airport")and desires to make properties that, h Inn edor noise exposure tesflng, are determined incompatible as a result of their exposum to eircraft noise compa0ble fbr residential purposes thmugh the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport W11 design and Install or pay fbr the Installation of I mprovements and modifications to the Property Ownees Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below 45 dB In accordance with Federal Aviation Administration policy. Granflng of an A.Agation Easement ("Easemenf) Is a BOCC condition of participation in the NIP. The Easement will supersede any Implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source fbr said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting In its capacity as the owner and operator of the Airport. ........... ——-- ------------- Kay Wed hftwiftA1 Airport NIP-AvignHan Easement(Ur*#C205) Pap I of 4 desiresE. The Property Owner i ' In the NIP and has entered Into a Property NoiseOwner I implementatlon NIP will benefit the Property Owner and the Property by providingi it sound attenuation constructionII eligible residential structures an the property necessary achieveto i In DNL indoor noise levelsat least interior i level below 45 dB in accordance withAviation i i i policy. F. The Property Owner fully i i !l 1 t some future time, is currently based on the 2013 ExistingCondition Federalaccepted by the Aviation Administrationr 19, 2013. G. The NIP ill be administeredi t FAA Order 5100.38, Ahpoft Handbook.Improvement Program H. It Is l t to the BOCC a perpetual avigation easement, on terms as hereinafter NOW THEREFORE,for and in considerationimprovements to be made to the Subject receiptProperty through the NIP, the i Is parties, in considerationincorporation into thisi set forth above, the Property Owner and the BOCC agree as follows: • The Property Owner on behalf of the Property Owner and its helm, assigns successors In Interest, i its assigns,successors and ! l of the Easement shall inoise associatedeffects as may be the tion of aircraft over orl i i i f the Easementproperty. This shall apply to alli i ' t the Airport, present or In r it being the intent of the partiest all such Airportactivity l included within 1 . 2. This Easement shallI In natureshall bind and run withtitle property and I run to the benefitthe BOCC or Its in Interest as owner and operator of the Airport. Owner3. The Property on behalf of the Property Owner, i iassigns in interest, does hereby release the BOCC, and any and all related parties , including t limitedofficers, , employees and lessees, from any and all , liabilities, actioncosts, attorney's fees or causes of ! which Owner or Its i , have in the post or will in the future possess, as a resulti i activities noiseIs related to or generated by Airporti r may hereafter have as a result of use of this Easement, including i tabove-mentioned contiguousprop" or f the operationf the Airport or f aircraft landingi i . —Intemedonal i — (unit ) Page 2 of 4 . This Easement expresslyI reserves to the Property Owner and to the heirs,Property Owner's assigns and successors in interest, claims, demands, debts, liabilities, costs, action physical damage r personal injury caused by any aircraft or part of any aircraftusing the Easement that does identMable physical d a mage to the property or i comingon the property by Into i with the property or the person on the property. 5. Should i t any of their successors or assignsIn interest retain counsel to enforce any of the provisionsi its interest i arising under i t,or to recover damages by reason of any alleged any provision of thisprevailing shall be entitled ,toI costs, damages and expenses Incurred Including, limited incurred in connectiontherewith, including lit . provisionthis is to be interpreted for or against any party because that party or t party's legal representative drafted such provision. This Agreement shall be interpreted and construed accordinglaws of the State of Florida. 7, No breach of any provision oi t may be waivedin writing. Waiver any one breach of any provision oi I not be deemed to be a waiver provisionof any other breach of the same or any other this i may be amended only instrument executed by the parties in interest time of the modification. In the event that any one or more covenant, condition provision ci i is hold Invalid, I illegal by any court of competent jurisdiction, t Il be deemed severable from the remainderi t and shalli way affect, impair invalidate any other provision hereof so long as the remainingitons do not materially alter the rights and obligations . I such condition, covenant or other provision I be deemed Invalid ! breadth, such covenant, condition provision I be deemed valid breadthof the scope or ! . . In the event the AirportI be subdividedinto more than one parcel,or the Airport portionto operation, r administration in additionIn lieu in that event the parties terminateshall not is Agreement so long as a portion of the Airport continuesitflight i i ll i l i successor hereunder. 9. The Property Owner agrees thatt Iresponsible all costs of maintaining and operi tion materials and equipment installed in the Property by or on behalf of the BOCC. ,a. . 6 ...v,_ I _..I t Avi.... n ( ) This Easement Agreement Is te first above written. _..._�_ ..........m. ........ � .......�._..... ............... CPROPERTY OWNER: PROPERTY OWNER: ISignature ICE,, n , n Ida Y -- STATE .w-,..� Public COUNTY OF � t - .. Comm.Sftte of Florida Expires 120 Commission No.GO 41567 The foregoing instrument was acknovAedgedi 2 _ � ..: OwnerPqmrty ) P 3 .� n�._. My Commission Expires: i . �pneture "' MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: IVIAYQ�;,: nest , , Printed Name Printed Name I T— f ___.. swn Printed Name X. p STATE OF FLORIDA COUNTY OF MONROE C F m The foregoing instrument was acknowledged before me this dad of eY � 2p Mayoras of the Monroe County Board of County Commissioners, fit' n . E —ryPub11c8Ignature1-- My Commission Expires: I_ I Pogo Key west international AJrpart HIP—Avl� Easement Urdt#C205 ' P� � a V, � , oY 6�Of 4 r � r Y r , _:. v West 1uv> the Sea ®t .. C2 Name(S)° Donohue PROPERTY OWNER NOISE INSULATION AGREEMENT THIS NOISEf (this ) is made and effectivet last below , a municipal corporation organized and existingr the f ( "County"), and the undersignedt " ). WHEREAS, the Property Owneri I owner in fee simple certain I property located in the Cityf Monroe, State of Florida, and more particularly described c t 'Property"); and WHEREAS, the County is the owner and operator of the Key West International i ( "Airport"), i In i , StateI in close proximity and Property; desiresWHEREAS, the County to obtainr the use and benefitli t of ftee and unobstructedI r aircraft landing , taking off from, or maneuvering about the Airport; and the Property Owner has electedto participateIn the Key West International irport's Noise Insulation Program ( ") and, as part of the Program, the Property Owner has elected to obtainacoustical treatments and improvements hereto (the nProgram Improvements") ; said Program Improvements to be paidr by the County at no cost to the Property Owner and in exchange fbr the granting of an avigation easement over, n CountyWHEREAS, the ill enter into a constructionit general contractor (the "ContractorP) to provide the installation the Program Improvements; and WHEREAS, the Program Is managed by the consultant team consisting team manager and assistant manager, architect, mechanical l electrical engineer, acousticiann t ion manager selected by the County " ; Countyand WHEREAS, the Property Owner and the IIdesire to the terms upon whichOwner will participate in the Program and receive the Program Improvements upon the terms and conditionsI herein; THEREFORE, in consideration of the terms, conditions set forth herein, r good and valuable ireceipt P�,qpeny Owner Noise 'o I of 28 sufficiency ich are hereby acknowledged, t r and the County hereby agree as follows: 1 Grant of Easement. Simultaneously 'texecution this Agreement, the Property Owner executed and deliveredi ti easement (the "Easement") which Easement has been recorded In the public remainsof Monroe County, Florida. The Easement I! force and effect and i hereby ratified In ll respects. 2. Program Poligy Statern Consistentit and/or Federal Aviation f i Improvement [fi , Managerthe Program has developed a sodas of Program Policyoutlining construction [i i ili restrictions. r understands that prescribed Program Improvements will be consistenti the Program Policy Statements provided to the Property Owner by the Program Manager. A copy f the PolicyProgram Is • Pavment of Prngram Improvements. The County agrees to pay for describedthe Program Improvements Improvements ill be approvedr and County, managed by the Contractor.Program Manager, and performed by the I QQmUgr1Vyg Bidshall not impede or interfere withability approved manufacturersIn i f bid submittals. To Insure a competitive i r is prohibited discussion i i ith the Contractor In relation , the contractor'si r this Agreement until after award of the constructionthe Failurer to complyi i provision 1, at the option of the County In Its 1e discretion, result In disqualification cancellation i . • Construction -- ill award the contract for the Program Improvements istent with Federal and County competitivebidding l i and ® l[ i rcomplete Improvements within i r. i ® I i!l ' shall meet i responsibilities and requirementspertaining t post- construction: Priora. i , the Property Owner shall ll Pre-Construction requirementsinclude: 1Removing l jewelry, coins, guns, antiques, l . from their condominium, (2) Moving of II furniture and belongingsi "Designated Area"Storage Space within the condominium, i i "cleararea" (white NoiseOwner Pmpeny t 22 space in sketch) Contractor. When doing so, the Property Owner W11 have the ability to utilizethe completer to ceiling" (3) Removing of all excessive fumiturethe condominiumii notfit i "Designated ; Removing i window and door treatments , storingdrapes, pJantation shuftrs, etc.) and i "Designated (5) Removing all electmnic and dust-sensitiveitems from their condominlum or wrappingi in the 'Designated Storage Space "; Removing ii wall hangings (such as mirrors, pictures, hanging ,shelves, t .) and storing them i ; Moving all small items and belongings into either the dosetsor bathrooms as outlined in the "Designated b. After completion the NIP construction, the Property Owner shall most all Post-Constniction requirementsinclude: Moving ii fumiture andin the "Designatedtheir original positionsin the oondorninium: Moving i fumiture and belongingsit Re-installation oall wall treatments, door treatments and wall hangings back to their original positions In the condominium. c. In t the Property Owner fallsto perfonn any and all of the above Pre-Construction responsibilities, r shall be removed from NIP participation and the Property Owner shall be liable t r Contractor for any and all resulting damages and all direct and indirect costs the event the Property Owner falls to perform any and it of the above Post-Consbuction responsibilities, r shall be liable to the and/orCounty Contractor 1br any and all resulting damages and all direct and indirect relatedcosts thereto. 7. _1mrjeding Construction. Once constructionProgram Improvements i , the Property Owner shallnot impede i r alter construction iti , the Property Owner shallt any and all tenants that may occupy the Property dujing the construction Impmvements fmm impeding t i r altering constniction schedules. In the event the Pmperty Owner or any tenant occupying the Property Impedes constructionr Propeny Omer Noise lmula&n3 of 28 alters the construction schedule, r shall be liable r and the County for any damages and all direct and i . 8. of _., n Environment. ible r for r r r, suppliers, a. ThrDughout all phases of desIgn and construction of the Program Improvements, the Property r r: Pmviding a working environmentpotential risks,health its , hazardous chemicals, obstacles, weapons of any u r exptosives, Refraining l abuse or profanity', Refraining Insuring that all pets are completely secured and contained. Ownerb. In the event the Property fal ing conditions, discretion, ,suspended at any time. In such event, the Pmgmm Manager shall no,tify the Property ,Owner in wdfing, stating 'the corrective ecUon(s) and/or condifion(s) required to be completed r roperty Owner prior resuming Program process. c. In the event 'the Program Property Ownees fallure to complete the * r Manager,required by the Program liable and/or Contractor for any and all damages and a ll direct and Indirect costs related d. If the Program process is resumed, the iPrDperty Owner shall be li r Contractor fbr any and all damages and allIndirect costs related to r caused by thetemporary suspension of the Program process. m DuHng the constructionr may experience unforeseen complications relating to the installauonProgram Improvements. The construction contract shall provide that delays related to these unforeseen complications ar r and shall be excused so that the 'time for completion may reasonably be extended. Construction may also be revised If thereIn i r If the Program Improvements have to be re-bld in the event of lackr failure ofthe lowest responsilve, responsible bidder to execute the contract, provide a payment and peftrmance bond r show proof of required insurance. 10. q r right to make changes to the plans and specifi and the.. Program Property OWner Noise Innia#on Agreement Page 4 of 28 sole discretion, at any time during the Program process, provided such changes do not reduce the scope or qualityImprovements in ZgKbit Q and necessitatedsuch changes are iscovery of hidden conditionsit detectableI property Inspection . 11. _._ _nce af Work. Upon completionImprovements, the Program Manager shall inspect or cause the inspection Improvements i if they were completed pursuant to the terms of the Managercontract. The Program retains solediscretion t conformance and performance issues as they relate to the Contractor, subcontractors, suppliers i i . r Is requested SubstantialI Inspection input to the Construction Manager with respect to the Identified punch-li Items. In addition, the Property Owner Is I attend the Final I i . In the eventt r elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability provideinput to the ConstnLiction Manager with Program Improvements. t there Is a disagreement ManagerOwner and the Program as to a conformancer performance issue, the Property Owner A be requiredi the discrepancyin writing to Monroe County (representative 1 t tiwithin Inspection i 'ng rise to the discrepancy. Monroe County shall then make a determinationility of the confbrmance/perfoffnance issue remedial action that may need to be Monroe County shall be the final arbiter any conformance/performanceAssues. Failure r to submit written lit within the time period specifiedI thereafter foreclose the Property Owners right to file such complaint. 1 . Termination of Agreement. The Property Owner understands that the signing i initiates both B! and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with terminateTherefore, If the Property Owner attempts to iotherwise impedes the progress of the performance of the Program Improvements r the award of the construction r will be liable the County for any and II damages and all direct and indirect thereby. 1 . Warranties. The County does not represent or warrant the level of noisei ill experience within of the Program Improvements perforrned as part of the Program. a. The County agrees that i it the Contractor willinclude standard one ( r warranties from the Contractor for all materials and workmanship. one-yearSuch warranty period shall commence as of the time work as provided r In Paragraph 9. b. At the end of construction, the Program Manager will provide the Property Owner with a Warranty & Final Closeout Package whichwill contain copies the warranty policies, instructions, design documents and legal documents. As condition receiving i i , the Property Owner PmpeM r Noise limladonAgmement Page 5 of2 must first submitI I r Satisfaction Manager. After receiving i l Closeout Package, the Property Owner understands that the warranty policies for products used in the construction Program Improvements ! r among product manufacturers. 1 claim, the Property Owner is solelyresponsible I future product warrantyissues directly . . In l , the Property Owner shall be solely responsible r directly coordinateired warranty service and agrees to look solelyI contractor or the product manufacturerfulfillment I warranties and for resolution of all product or constructionr i : (1) The Property Ownses Inquiry is not directly related to either constructionl i (such as windowcleaning r product maintenance) I r the Property Ownersinquiry ri the Contractor ; (2) The Property Owner believes t warranty servicei requiredith respect to construction warranty issues, from the I contractor has expired; Owner(3) The Property believes that service Is i with respect to product warranty issues, the advertisedr the product has t expired, manufacturer Is ly conducting Its business; and believes(4) The Property Owner i is requiredi respect to product warranty issues, and the advertisedwarranty i r the product has expired. . Pre-Eyisting Deficl The Pmperty Owner will be required sign Exhibit, i Id Harmless Agreement) which will impute all responsibility i ill to the Property Owner for any and all - i i Deficiencies the Property, whether seen or unseen. 15. Pre-Work I ill be required to complete any and all Pro-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. Thl Property Owner will be reguiredto coingLeteall funds and Per the reqqLreom deadlines established NIP. In the event the Property Owner falls to complete i ted Prs-Woikiliims by the established1 li , the Property Owner shall be removed from NIP participationshall be liableto the County and/or Contractor for any and all resulting damages and allI indirect thereto.related 16. Cl tv of Kev West"Hard-Wired' Smoke Alarm R@A(V:1rqment. In compliance i ity of Key West Fire Marshall and the Cityf Key West Building constructionDepartment it issuance requirements, ill be requiredinstall 120- !t "hard-wired" smoke alarms In it condominium i Pmpav owner Now Imulahon Agmemmt Page accordance with it applicable codes and regulationsideadline as establishedI r f l l m _ installed i within I� _ i ! ill f of i ! i l In the event the Property Owner fallsInstall i 'hard-wired" smoke alarms by the establisheddeadline, the Property Owner shall be removed from NIP participation. . Suspension temporarilyign and/or construction discoverythe ii i their potential Impact Improvements and product warranties. will not resume until Property Owner has corrected all related problems to the satisfaction Manager. In the event repairsnot completed in a timely , the Property Owner ill be liable i damages and alll indirect delaycosts due to . 18. Limitation on _-- _ _ i r agrees t to make alterations, i iportion alterationsProperty to make i i windows, r walls from the time Designthe til the construction Exceptionsthis in writing Manager. Failure to adhere to this ! iProgram Manager in its sole discretion, It In an immediate i construction Ownerthe Program Improvements on the Property. The Property will be liable County for l direct and indirect costs associatedialterations and damages related thereto. PQjt-QQ0jftctlon higiso ®„noise testing i Testingpost- construction important ®i designed determinemeasure and ! i level reduction level at treated properties. If selected by the Program Manager for - & post-construction noise testing, the Property Owner agrees to provide access to their property fbr testing agrees to not to make alterations the interior of their property (with repairsi fr i i t i It noisel i I i T collection, the OwnerProperty also agrees to preserve the Interior i r coverings windowand construction _ i test. The Property Owner understands that the failure this requirementI in corruptioni , the Property Owner understands they may be liable the County for any directindirect noise ! In the event these requirements . 20. Coo Mtjop. As reasonably requested, the Property Owner shall cooperatei in the performance of I phases of the Program Improvements including, limited , removalthe and reinstallationII hangings and furniture Noise Page 7o 21. Utfilitles. The Property Owner shalli r to use, at Contractorno cost to the or the County, existingutilities light, heat, power and water necessary to carry out the Program Improvements. 22. ign and_R9_EM9QKA2gM. At scheduled times ! upon not less # -four (24) hours advance notice ! i! andlor l r), the OwnerProperty agrees to provider, subcontractors, suppliers, City, , State and federal inspectors Property to collect and developall final designi i icould Include, but not be limited i material inspection, pro-noise tl pre-bid i i . In the event the Property Owner falls provide l ired NIP DesignI i l , the OwnerProperty shall be removedi l ti . • Pre-Construction Access. The Property Owner agrees to provide access to the Property - i ( the scheduled start of NIP construction. i visit will provide the Program Manager with the ability that the Property Owner has met all furniture storage responsibilities. II I result in the suspensionI i r shall be liable and/or Contractor for any and all resulting damages and all direct and indirect I . scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP emaft andlor loiter) and per the established I ion schedule assignment, agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide II required NIP !on and Post-Construction visits. visits could include, I i final i Inspections, review Designated irements, post construction inspections and post- constructionI testing. In the eventr falls requiredi visits, the Property Owner shall be removed from NIP participation r shall be liableand/or Contractor for any and allresulting II direct and indirect thereto. • Construction Pedgd Acce§&. Upon award of NIP construction contract, the Contractor will provide the Program Manager withtheir final construction schedule, which Y411 Include the requiredr of calendar days to complete the NIP constructionin each of the participatingcondominiums. this 1 , the Program Manager ill assign each Property Owner withi r of calendar days in whichill occur In their condominium. Owner agrees to relocate from their condominium for the entirei . In addition, the Property Owner agrees not to re-enterit property for any reason during their assigned constructionl to negatively Impact the Contractor. In the eventt r falls to provide access for their assignedi time period, the Property Owner shall be removed from NIP NoiseOwner Insulation e t a participationr shall be liableand/or Contractor for any and II resulting damages and all direct and indirect I . 26. �..rr.Construction Periodt.N_..Extension Due to Hurricanes. Since constructionill extend into the Key West hurricane , there is potential for construction delays and/or stoppages, beyond the control of the Contractor,. in the event of a threat of an approaching / I hurricane event. i possibility, r understands that delaysr in additionit originally ai ion time period, withoutI r cost to the Contractor Manager.and Program Furthermore, the Property Owner agrees to relocateit condominium r all additional calendar days resultingIconstruction work stoppages due to a hurricane threat or event at no cost to the County, Contractor and/or Manager.Program In the event the Property Ownerl lrequired additional it condominium due to hurricane-related , the Property Owner I be removedl i l r shall be liable / r for any and allresulting all direct and indirect I . 27. IsggvA!y naLfftre-Ex1pting DefigkagloConstruction. In the eventr discovers pro-existingdeficiencies ri constructioniv l impact the Installation of the NIP Improvements, the Property Owner agrees to immediately it and remediatedeficiencies in an effort to reduce any negative Impact on the scheduledconstruction dependingOwner understands that, the timingpre-existing i irepair, the NIP constructionfault Manager or Contractor. Building Conditions �uConstruction Scheduleit ing conditions that may arise during the NIP constructionv ti i to increase the original durationscheduled , which Is not the fault of the Program Manager nor OwnerContractor. The Property needs to planpossibility originally-scheduled consti I iadditional due to unforeseen building itions that may arise and complicate the NIP construction. 29. Existing, _. i..w _w / _ _�Treatments,, Shades and Blinds. The Property Owner understands � ,,... that, after the installation of now NIacoustic and doors, the Ii !ndow and/or door treatments, shades and blindst be compatible r able to be re-Installedidifferences between the new and existing i . 30. Existing l i installation windowsacoustic !I be providing interior trim and sills. r understands that the NIP replacement trim ill not match custom and/orspecialized molding and/or custom window and r trim. After the completion of the NIP modifications, r will have the ability modifications l interior trim at their own expense. �_....__ ..... _.._. .. .. m . �. Noise Insulation 31. Communication i reviewread and I NIP emallsand/or letters In a timely fashion provided by the NIP to ensure schedule , In the event the Property Owner falls to meet thisrequirement, It couldI in removal from NIPi i tl . • Title Examination. I r will obtain, i i t the Property titleis free from liens 1 title 33. i in_Qleadng Title. Prior construction of the Program Improvements, it County In order to i) correct any titleaffecting Idisclosed by the "Abstract of Title" in the sole determination Invalidate t ii) secure the writtenall mortgage holders to the r's conveyance of the Easement to the County if the determinesCounty It is necessary or desirable (collectively, "Title Mattersm). If, prior to the commencement of constructionImprovements, County,the in Its Ie discretion, determinesthat the Titleaffecting may Invalidate Easement, this t shall be null and void, and the Easement shall be terminated. required34. Federal Assurance. As vi i Administration, II provisions: shalla. The Property Owner the construction project to such inspection t the Program Improvements and after completionImprovements as may reasonably requestedbe the Program Manager and/or Monroe County. b. After final II I the Property Owner shall assume the responsibilityI i Items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration the County bears any responsibilityioperation of these items. Reduction35. r it Infiltration. The Property Owner will be requiredto sign (Ventilation ! l_ t) which imputes all responsibility the Property Ownerf r maintenance of interior moisture humiditylevels. ! t. If the Property Owner desires retainto I or equipment removed from the Property as a resultthe Program Improvements, the Property Owner shall arrange for the salvagei materialsi directly isole risk and expense. The County assumes no responsibility I ' 1, equipment or surrounding ContractorProperty Owner and the shall, prior W the commencement of construction, executeagree upon and t listing items to be salvaged. In the absence NOW In=14ifton Agmment Page 10 of2 agreement,of such a written all items shall become the . Materialsipment not listed for salvage Contractor.property of the lolUMno. Duringiperiod, the Contractor will provide buildersInsurance for the Property. The Property Owner shall have the option, Imaintain a Insurance policyr the durationconstruction Improvements. The Property Owner understands that, followingfinal completion, the ContractoiJs buildees risk Insurance will cease, and It Is advisable for the Property obtainOwner to Insurance to cover any value . 38. yLnd Effects of _Q The Property Owner understands t i that constniction Itself Contractor's original ialso understands that the construction may involve substantialinconvenience I tsignificant quantities 1 i i for extended periods of time. Labor39. and MaterialCI r releases and foreveriall claims, 1 1ons against the Pmgram Manager, the County and its officers, employees, agents, consultants; and contractors and suppliers issues relatingto the conformance of labor, materials and acousticigns utilized In the Program Improvements. Nothing In thisshall limit the warrantiesr materials and workmanship containedin the contract with general r. 40. _Sale_of EMRarly. In the event the Property Owner sells, convoys or otherwisei the Property before the completionI f the OwnerProgram process, the Property hereby agrees to providethe buyer with f this Agreement prior to the closingr other transfer, and to transfer ll of the Property Owner's responsibilities and obli i Agreement to the buyer as a condition the purchase, conveyance or other transfer of Waivethe Property. 41. No waiveri in, or consent to any breach of term,any r condition hereof shall be construed as, or constitute, i t r, r r i t waiver r acquiescence any other term, covenant or condition hereof. 42. I In the event that thisi cancelled or the County determines , the Property Owner, upon written request by the County, shall pay to the County the sum f One Hundred Dollars ) to cover the costs of the preparation recording of the Release of Easement document in the public Florida. It Is the Property Ownees responsibility insure such payment Is In order to OclearP the title Property Owner Noise 1 'o 43. Authority to Execute On Behalf Of County. By Resolution No. 111- duly motionedlawfully I meeting, the Board of County Commissioners I , on the 1r day of March 2004 grant full authority for the County Administrator to executei f the withoutCounty ion by the Board of County Commissioners. 44. Attachments. Attachments to this Agreementi I , whichincorporated into thist by reference. a. Exhibit : Program Policy . b. Exhibit I Description c. Exhibit Improvements. d. Exhibit Deficiency iHarmless e. Exhibit Ventilation I 45. Gen I ConditiomL . Governing _Law,_Venue, Interi 4 t shall be governed by and construed i accordance with the Laws of the State of Floridaapplicable entirelyperformed in the . In event that ti administrative proceedingis instituted Interpretation i , the OwnerCounty and Property agree that venue will lie in the appropriate court or berfore the appropriate administrativein Monroe County, Florida. Owner(3) The County and Property agree that, ievent of conflictingInterpretations r a term of thisr between any of them, the issue shallmediation ' r to the institution administrative r legal proceeding. Owner(4) The County and Property agree that in the event actioncause of r administrative proceedingis initiated or defended by any party relative Interpretation of thi ili I be entitled to reasonable , investigative, and out - expenses, as an award inst the non-prevailing party. Mediationproceedings initiated i I In accordance with Florida I Civil Procedure and usual and customary procedures requiredthe circuit court of Monroe County. . ,, fopg_ffffect. The taffns, covenants, condlUons, and provisions this Agreement shall bind and Inure to the benefit of the County and Property Owner and it respective legal representatives, assigns. NoiseP�vp"Owner Insulation Agreement Page 12 c. ilia . If any term, covenant, conditionr provision of this Agreement (or the II f be declared invalid t jurisdiction, tremaining terms, covenants, conditionsprovisions this f not be affected thereby, and each remainingcondition I Ion of this Agreement shall be validl the fullest extent permittedI the enforcement of the remainingconditions provisionsi Agreement would prevent the accomplishmentoriginal Intent of this Agreement. warrantsd. Authodly. Each party represents and r that the execution, delivery this lauthorized all Ownernecessary County and Property action, as may be requiredlaw. This Agreement shall commence upon the executioni t, subsequent to executionr and by the County and shall remain in effect fbr a period reasonablyi the Program Improvements "), except as may be sooner terminatedIn accordance with vi !ons of this Agreement. Qlffts, gMntL Assistance__ AuM Countyr agree that each shall , and I , empowered to accept for benefitthe Il of them, gift, assistance fbr the purposes of this Agreement. . I i _ r l &d. The County and Property Owner agree t each shalli , empowered to applyobtain state funds to further the purpose of thisi Il applications, requests, grant I , and fundingsolicitations r shall be priorapproved by the County to submission. disputesh. Adikd �Icatlon qf 2r Disagreements. The County and Property Owner agree that all 1 I be attempted to be resolved by meet and confer sessionsi i . If the Issue or Issues are Wit not resolved to the satisfactionparties, then any party I have the righti i this FloridaAgreement or by . !. Nondiscrimination. The County and Property Owner agree that there will be no discriminationagainst any person, and it is I upon a determination jurisdiction that di i i this Agreement automaticallyi i r action on the part effectiveof any party, r, The County and Property Owner agree to comply with all Federal and Floridall local ordinances, as applicable, relating to nondiscrimination. Include but are not limited : (1) Title I of the Civili 1 . . prohibits i i basisf race, colorr national origin; (2) Section 504 of the Rehabilitation1973, as amended (20 U.S.C. s. 794), which prohibits discrimination on the basis of handicap; ( Discrimination . 6101-6107), which NoiseAlo Owner ` 1 prohibits i i i i ; ( Office Act of 1972 .L. - ), as amended, relatingi i ibasis of Comprehensivedrug abuse; (5) The I 1 Abuse And AlcoholismPrevention, Treatmentill l 1 1 relating nondiscrimination i I ralcoholism; ) ® iHealth Service Act I I fI 1912,Ill ® 523 and ® ( -nd drug abuse t records; (7) The Americans With Disabilities t t ), as may be amended from time time, l ing to nondiscrimination on the basi I ili , FloridaI it Rights Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), as may be amended from f Inondiscrimination;(Chapter 1 1i lill i ( ) The Monroe County Human Rights Ordinance -1 1 through 1 -130). as may be amended from time to time, relating to nondiscrimination; (1 ) any other nondiscrimination I In any federal or state statutes or local ordinancesich may apply to the parties to, or the subject matter , this Agreement. . Qgogera Jign. In I i t i r legal proceeding i Instituted i t either party relatingformation, execution, breach of this participate, to the extent required by the other party, in II proceedings, hearings, processes, activitiesand other I provision meetings, no party to i services under 1 r specifically® Il be required to enter Into i iproceedings relatedi r any Attachment or Addendum to this . • Documents. The County and Property Owner shall maintaini i t to performance under this Agreement in accordance withI iprinciples consistently li , Each party to thisit authorized representatives shall have reasonable1 r party to this Agreement for audit purposes during the term of the Agreement and for four years fbilowing the terminationi . I, Covenant Interest. The County and Property Owner covenant that neither presently has any interest, Il not acquire any Interest, whichId conflict in any manner or degree withits r this Agreement, and that only Interest of each Is 1recited in thist. Ethics. The Countyofficers employees of the County recognizeill be requiredto comply relatingconduct lic officers and employeesII i 112.313, Floridai limited i i idoing businessi ; unauthorized compensation; i l position, conflicting t or contractual relationship; and disclosure information. Propeny Omer Noise 1wuladon Agmement Page Solicitation/Payment. The County and Property Or warrant that, in Itself, i I r retained any company or person, other than a bona fide employeei f l r It, to soliciti t and that It i r agreed to pay any person, company, corporation, individual, firm,or other then a bona fide employeei for it, any fee, commission, percentage, gift, or other consideration I ! makingI t, For the breach or violation of thisi t , the Property Owner agrees that the County II have the right to terminatethis liability Its iscretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, i , or consideration. o. Public _ shall llow and it I t , i i i , , I r other materials l i 119, Floridar receivedin conjunctioni t ; and the shallCounty have the right to unilaterallyl this Agreement upon violationthis provision i Compliance. Property Owner must comply withpublic laws, Including but not limitedr 1 , Florida Statutesi l I of the Constitution Owner shall allow and permitI Inspection l documents, records, papers, letters or othern li ' I in Its possession or under its control subject to the provisionsFlorida t , and made receivedor In ! this related to contract performance. The County I have the right to unilaterally this contractviolation i iiFailurei of the abideProperty Owner to is provision shall breach of this contract and the County may en1brce the terms of thisprovision proceedingform of a court ll, as a prevailingentitled reimbursement of II attorney's fees and costs associated with that proceeding. i ii l survive any termination tl t. The Property Owner Is I with its advisors about Florida Public in order to complyi iprovision. Pursuant to F.S. 119.0701 and the terms and conditions contract, the Property Owner is required : (1) Keep and mamaintain lirequired service.County to perform the receiptcustodian t r l t i provide County i copiedi in a reasonable timet that does not exceed the cost provided In this chapter r as otherwisei law. (3) Ensure that public that are exempt or confidential exempt from publicdisclosure idisclosed .. ....... .... PMPeHy Owner o'se Insulation Agreement Page 15 of 28 authorizedlaw for the durationfollowing I ' contract if the Property Owner does not transfer the records to the County. completiont cost, to County II public records In f r keep and maintain public 1 i service. If the Property Owner transfers II public records to the County upon completion Ownercontract, the Property shall destroy any duplicatepublic confidentialor from publicdisclosure i . If the Property maintainsOwner keeps and Iicompletion , the Property Owner shall meet all applicable requirementsr retaining publicl records stored electronically must be pro custodian , In is compatiblei Information technology systems of the County. request to Inspect or copy publicrelating contract must be made directlythe County, but If records,requested the Countyll Immediately notifyr of the request, and the Property Owner must provide the records to the County or allow the records to be Inspected or copied withinI i . If the Property Owner has questions iapplication of Chapter 119, Floridathe Property Ownees duty to provide public relating i the Custodiani , BrIan Bradley 292-3470. p. Non dfgLvgr gf ! i i provisions . Florida768.28, # , the participationthe Countyr in this Agreement and the acquisition I I liability Insurance coverage, self- insurance , or local government liability insurance pool coverage shall not be deemed a waiver of Immunity i 11shall any contract entered Into ired to contain any provisionr waiver. q. PrIvileg and IMmynitles. privileges Immunities liability; exemptions I Idisability, I , and other benefits whichI to the activityI , volunteers, or employeesi it respective functions under this Agreement withinterritorial limits of the County shallthe some extentdegree and to the performance of such functions and dutles of such officers, volunteers, or employeesi territorial li Legal,r. i i i lilMm Non-DgIggItion ConstItutk,)na1 or fiWtuto Du0es. This Agreement is not intended to, nor shall it be construed as, relieving i I ing entity from any obligationr responsibility Imposed upon the entitylaw except to the extent of actual and timely thereof by any other participatingwhich in satisfactionobligation i ili , this Agreement is not Intended to, nor shall it be construed as, authorizingthe delegationi i I or dutiesstatutory Itted by the Florida constitution, _... _.... ... ......._._......_. Noiset Page 16 a,f2 state statutes, case I specifically, the provisions , Statutes.Florida s. ! ! be entitled enforceto rely upon the terms, or any of them, of this Agreement to third-partyenforce any l i entitlement to or beneflt of any service contemplatedi r the County r Property Owner or any agent, officer, or employee of each shall have the Inform,authority to !, or otherwise indicate that any particularIndividual of Individuals, i tltlements or benefits under this separate and apart, inferior to, or superior to the communityIn general or for the purposes contemplated In this . t. Aftestations. The Property Owner agrees to execute such documents as the County may reasonably require in i dutiesand r this Agreement. . No_..E!@mQnW_Lka_bdfi1Jy. No covenant or agreement containedherein shall be deemed to be a covenant or agreement of any member, officer, employee of Monroe County in hisIndividual capacity, and no member, officer, employeeagent or liable personally on this subjectliability ill i Agreement. v. gx_ecuflon !EI,§ounWrDarts. This Agreement may be executed i numberany of counterparts, each of whichI i I, all of which shalltaken together i Instrument and any of the parties hereto may execute this Agreement by signing I a, Section headingsinserted in this convenienceAgreement as a matter of is agreed that such sectionings are not a part of this Agreement and will not be used In the interpretation 1 . IN WITNESS WHEREOF, the Property executed i firstOwner written. WITNESSES: PROPERTY OWNER: ems. w Prl V 15me WITNESSES: PROPERTY OWNER: m -AAa -qn to e s wu m� MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: nMAYOR CHAIRMAN: � v bV , . LYVM ire t5 f �. � ;. m�� r �. beputy Clerk Signature 3 i R �`��i�•� �-."fit' �'�. :�' I 511f '2x* 9�. rt COUOM A7TMNW ---------------- Owner NobehLyulation� 1 . z ¢ y< PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. ' Ognerall RestrigJ19II& WhileII I rk splir AC system to your condominiumiInsulation Program modifications, the following limitations I apply to allcondominiums: I, All condensingI ill be Installed I 2. All refrigerant lines i I ! it ill be Installed consistent ' l , maintaining a maximumheight inches. condensatelines will be Installed it iconsistent Board policy I I level of consistencybuilding architectural aesthetics. 4. All Interior AC lines (reffigerant, condensaie, electrical) Ventilator ( ill be housed In now vertical wall and comer pilasters which ill be constructed to match the qualityexisting II . The number and locations of the new verfical wall and comer pilastersIII differ dependingr unique condominium I ive architect will reviewi information i Meeting. electrical5. Only ice panels that are determined deficientI be replaced by the Program as a part of the NoiseInsulation modifications. B. Window Sill Rep scement. f asbestos, the NIP will provide new custom wood surround and Ill Instead of the exlsdng revisedto this i i ill 1 , granite, ill not be replaced. This revisionill be an improvement, whilei I I improving time efficiencies. asbestosThe new I ill restrict the abilityexisting custom trim and baseboard prior to construction (as originallyi 1! not allow sufficienttime I contractor to secure custom matched replacement trim. Therefore, existing crown moldings, wall , the will,contractor Instead, tipilaster or thru II ao-infill. At now pilaster , If the thru wall ac Infill abuts the existing baseboards, the contractor ill Install -1/27 painted wood trim abut the existing , rather than attemptingexisting 1profiles materials.and tlon of the NIP construction, the property owner will __.. �r..... . ..... Exhibit -Pwperty Ovmer Noise Insulation Agreement Pw 19of 28 optionhave the to replaceInstalled trim withexisting materials . D. Door Thrsshqld Heights. Due to stdngent Flodda hurricane impact and water infil !on buildingall new aluminumIswinging doors and sliding i ill have thresholdsconsiderably higher floor) than existingI i r door thresholds are designed optimumprovide 1 Interior of a condominiumwater Infiltration • .,�.. BTS Asb aMLLealn As required by state and federal requirements, I participating KWBTS co1 1 In BuildingsNovember Aprilto 2018 timei i Included collecting condominium include ! iglazing, ' windowII . In addition, Icollected on both the Nwalkway" and Ocourtyard 1 balconyo buildingelevations. Dependinglaboratory analysisIasbestos containing l ) have the potential to Impact several areas of the NIP constructionInclude: windowic window installation, removal- door and acousticr installation, - - removal of Ie wthrough-wallo AC unitsInfilling of openings, - ceiling cuts requiredr Installation of the ductless AC, wall cuts requiredInstallation , constructioni t wall pilasters requiredInstallation of the ductless AC system & ERV ducts, - construction of closet soffit for installation of the ERV. AsbestosF. t I In the event any samplescontaining , the contractorawarded NIP will be requiredfollowing t requirementsconstruction: f SaMQ18S The NIP contractor will be requiredi r safety requirements include r respirators, polyi In all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, t and/or . ' - 1 The NIP contractor III be requiredi asbestos abatement procedures as directedthe Environmental Protection : Constructionibarriers In (walls, ill , i approximately ! impacted the NIP modifications. - Abatement and baggingidemolition process) by staff.certified asbestos abatement Air sampling of containment areas and clearance crf all areas by certified abatementasbestos staff to allowi it i (non-abaisment) workers. - THC will be requiredI ll ACM abatement processes in all condominiumsconstruction ensure proper compliance with I and state abatement guidelines. - The-presence of ACM ill have a significant impact on the NIPconstruction process, lengthening i ! sequencing and coordination i t . Givenide required asbestos abatement procedures, the FAA ill require THC to developI t iMjQkWM the disturbancei i i ion of construction costs, duration, liability i ill result In now property owner requirements and design ! which outlinedare . designH. KWBTS BOARD Authorikal? NgIgLi R221@.12na. The KWBTS Board will have the Authority to rn s I of the Program ii Include: 1. Acoustical Window and Door Material Acoustical2. indow and Door Color and Hardware Finishes 3. Acoustical Window and Door OperationalStyles . Interior Ductless"Mini-SplIC AC System InstallationRequirements . !nterior Ductless "Mini-Splir AC System Interior Soffit Design and Placement . In-Filled Kitchenl t Exhibit A-Prap&V Owner Noise Insulation Agrwment Page 21 of 28 ExhibitLEGAL DESCRIPTION OF PROPERTY CondominiumTO Homeowner Noise Insulation Agreement i , CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium I Condominium , recorded In Official Records Book ® Pages 370 et al., of the Public , Florida, togetherthereto, including undividedinterest i common elements af saidCondominiumt forth In the Declaration . Immlafion t PROGRAM IMPROVEMENTS Exhibit C TO Homeowner Noise Insulation Agreement This AgftLbiL Q represents the Program Improvement package for an eligible includes the Program Improvements I the Program Manager to reduce the Interior environmentminimum decibels. typical Program Improvement package may Include: Architecturali 0 Replacement Aluminum i Replacement Aluminum Acoustical Swinging Prime Replacementi Acoustical Sliding GlassPatio ) ... _ �. ,. _ • v� ----..... � 1 _ a DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement I consideration of the compensation to be paid County and the Program r the Program Improvements to be made to the Property described1 n the Agreement of even date herrMth (the "Agreemenr) between the County and Property Owner and to which thisIs i behalf of the undersigned and the heirs, r representatives, successors, and assigns of the undersigned, lbrever releases, remises, discharges, indemnifles and covenants not to sue, I i Institute any proceedingsagainst, the r any of its agents, officers, employees, consultants and/or concerningII claims, actions whatsoever kind and nature on account of bodilyInjuries or death, damage to the property, and the consequences thereof, and any of the fbregoing which undersignedr their respective heirs, representatives, successors and assignsI connection with any and all i Deficiencies "Deficiencies") against said County r any of b officers, and/or contractors to be legally liable. The Property Owner understands and assumes II responsibility 2. i in the Property, whether ' il r or unseen. deficiencies understands tDeficiencies® the timeIwhich could include, but not be limited I I { I damage, water l moisture materials,damage, hazardous i issue that would negativelyimpact the installation the Program Improvements. Visible. the Property Owner understands that the Program Manager may Identify and document Deficiencies at any time (includingf , bid and construction processes). If Identified Program Manager ill classify the observed Deficienciesi r° ". 5. The Property Owner assumes if responsibility for the worsening Minordocumented I . 6. I Deficiencies identified i process, t r agrees to completerepairs the acceptance of the Progmm Manager, as a precondition construction of the Program Improvements. In the rare event that " " Deficiencies are uncovered during the construction period, the Property Owner agrees to complete — .._:.......... Exhibit D-Prop&V Owner Noise Imula&n Agreement Page 24 of2 repairsnecessary r to minimize I , acknowledge7. The undersigned I of the release and hold harmless and Indemnity ii i property damage, Injuries, deaths, or damages arisingl l I and/or all negativeimpacts that later result after the additionImprovements. provisionsishall survive the terminationi the Property NoiseOwner Insulation t. shall undersignedThe ons of this ® binding inure to the benefit of the undersignedit heirs, personal representatives, sucoessors and assigns. WITNE ES: PROPERTY OWNER: , a Signature ��� �, Printed"erne a , •' �` U"' r � , fi'. rfF , r a r E ..m _ e t ' y„ mw ................... I - 1�� e Date .. .. WITNESSES: PROPERTY OWNER: Signature SWneture Printed Marne Printed Name .rr. m�w Signature Date rl WITNESSES: PROPERTY OWNER: Signature w ,. . Signature Printed Name Printed Memo Signature .W .. _Exhibit - ..� t __ Exhibit E To Property Owner Noise Insulation Agreement VENTILATION HOLD HARMLESS AGREEMENT County and the Program for the Program Improvements to be made to In partial consideration of the compensation to be paid on behalf of the described i (t "Agreement") between the County whichand Property Owner and to i Is attached, the undersigned, r and on undersignedbehalf of the i , personal representatives, successors, and assignsi remises, discharges, indamnifles and covenants not to , Institute claimsagainst, r Institute iagainst, the County, or any of Its agents, officers, employees, consultants concerning any and all claims, Iaction of whatsoever kind and nature on account of bodilyInjuries or death, damage to the property and the consequences thereof, and any of the foregoingwhich undersignedthe it respective heirs, personal representatives, successors and assigns in connectionI ! ( "Deficiencies") against i , consultants legally liable. 2. The Program Improvements may Include the additionacoustical windows and doors, I and infif " portable air conditioner units and the addition of a Iacement ductless "mini-split" aiconditioning system. Because these modifications will result In a tighter Interior1 elimination If passive Inside ! outside airleakage that was naturally occurring in all openings, the Program ill also Include i i ventilation (ERV) unit which will inside / outside air to the condominium requiredII . Giventightenedi tcondominium, the Property® Owner agrees to assume full responsibility for the proper operation ductlessProgram venfliation (ERV) unitavoid potential id and moisture problems, especially condominium is closed and uninhabited. 4. Due to FAA eligibility limitations, the Program willproviding Sincebathroom exhaust fan treatments. and/or showers are a source of moistureIn the interior environmentcondominium, agrees to assume full responsibility for ensuring that all bathroom exhaust fan capable of properly exhausting moisture of the building. It should alsooriginal KWBTS condominiums constructed with a smallII vent that was designedIpassive exhaust of Rrhibit -Propen)i Owner Noife imulation Agreement Page 26 of2 bathroom moisture in a central buildi . Dudng the Program design discoveredsurvey process 't was ibuilding existingexhaust shaft. Dustothis t'i d i stillpresent) have the potentialt r unwanted air, smoke and/or gases Into ft condominlurn intedor. it sealing of original wall vents in all bathrooms and for any and all negative impacts that may result it left untreated. violation5. It is cleady a building code t laundry dryer exhaust to the KWBTS t the event r has incorrectly their laundry dryer vent to the KWBTS centralt shaft, they agree to correct t6 their laundry dryer In an exhaust t tip t that meets current building code, at their cost before the inifiation the Program oonstructionn Furthermore, 't r agreesto any and all ilkty related to the improper ducting of their laundry dryer�exhaust. Owner6. 'The Property undemtands that the Program Improvements will not kitchenaddress t t r excessive intedor humIdIty levels generated by the Property Owner within the Interior t 'the i ., 'The Property Owner r maintenance of Interior levels.and hurnIdIty ' r agrees to assume full responsiblifty. for any reoccurrence r womenin istureand/or tr humidity levels In the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenancetin r complet the Program Improvements. ' . that all harmless and Indemnity provisions t lbrth In Paragraph 1 of this Exhibit E apply t Injudes, deaths, r in ronnection Wthr t of any and all Interior ventilation deficiencies arisingr the addition of the Program Improvements t not limited to, high t r � r t ventilaflon., The provisions of the tennination or expiration of the Property Owner Noise Insulaflon Agreement. 8. 'The undersigned hereby agree that t the bindingExhIME shall be inure the benefit the undersigned and their respective heirs, personal representatives, n � PROPERTY m SigneWre r. 9 p� � as n Ponted 3 Rim f c, . t� 4.. Pdnted e$ e K w -� atlurC 7 r` , -� t M. Pdrded Name - k � Wi t E-Property Owner Noise Insula#on Agreement Page 27 of 28 ... ................ WITNESSES: PROPERTY OWNER: Signature pd "N—e-rn—e Signature Date Pri Name ............ .. .......... .............. WITNESSES: PROPERTY OWNER: Signature Printed Name Signature Pdnted NerneF &hibit B-Propeny Owner Noise hisulation Agreement Page 28 of 28