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09/18/2019 Agreement/Easement-C208 �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 Pro ?Arad BxAnd Mljrp Heather P. Faubert Doc#2W737 NIP Assistant Project Manager Recorded 4t2l/202011:14 AM Pap 1 of T , Inc. 710 Dacula ., Suite 4A#315 Dead Doc F Stamp ded i� cul 301 Official RwaWs of MONROE COUNW NEVIN MAEKK CPA InternationalKey West i Noise THIS EASEMENT AGREEMENT is enteredinto this CA , 20-L61, by"CARL H. MCMACKINPATRICIA I ", hereinafter refirred to as "the r," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, politic and corporate, hereinafter referred to as " ." RECITALS: OwnerA. The Property is the fee simpleitl of er to certain real property("t ) located in Monroe County, Florida, o particularly described as follows: Condominium Unit No. 208-C, L BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common elements, according to the Declaration of Condominiumthereof, c in Official Records Book7 ,as amended from time to time, of the Public Records of Monroe County, Florida. also identified t eta s: "2601 S. RooseveltI " B. The BOCC is the owner and operatorofInternational Airport("nth i ort") and desires to make properties that, through interior noise exposure testing, determined incompatible as a result of their exposure to aircraftnoise compatibler residential purposes through the implementation of a Nof Insulation Program (" I "). UnderC. the NIP, the Airport will design and install or pay for the installation improvements ifi tin the Property Owner's Property necessary interior noise levels at least bring the averageinterior noise level below 45 in accordance with Federal Aviation Administration policy. Grantingvi ti Easement (" t") is a BOCC conditionparticipation in the NIP. The Easement ill supersede any implied r prescriptive easements the BOCC may have obtained under applicable laws. D. The funding for said I ill include funding h United States Government pursuant to the Airporti Improvement Act of 1982, and will include funding actingfrom the SOCC, in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIPs entered into a' Property ........ _ . Key West I ma on Easement _ .. (unR ) Page 1 of 4 Owner Noise Insulation Agreem nt with the ' implementabon of the NIP it benefitt m and the Property by providingimp remedial some attenuationu tr on ll eligible residential tr the property necessary achieveto in DNL indoor n i levels of atleast 5 dB and bringthe average interior noise level below 45 dB in rmce Wth Federal Aviation policy. F. The Property Owner fully underatands that the NI P eligibility could change at some future time, but is currentlyon the f °i ting Condition Noise accepted by the Federal AviationAdministration ("the FALK) on December 19, 21013. G. The NIP will be administeredin accordance withthe current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purposle of this Easement Agreement to grant to the 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 adequacyinch is hereby acknowledged by both and in consideration and incorporation into this Avigation Easement of the recitals set forth-above, the r and the follows: t. The Property Owner on behalf of the n r and its heirs, assigns and all successors in interest, met, bargaIn, sell and conveyto the BOCC, it successors and assigns, a perpetualtimm mmut over the property. The use f the Easement shall include the t to t t noise andto causeother associatedeffects as may be itch the operationf aircraft over or in the vicinity of the property. This mom u t shall applyto all such aircraftactivity t the Airport, present or 'fiAure, In whatever fbrrn or type, dudng operation , on, to or from the t, and it being the intent f the partiesthat all such Airport activity shallto be included withinthe u i this Easement. 2. This Easement shall be perpetual In na,ture andshall Und and run withthe title to the property and ll run to the benefit oft or its successorininterest as owner and operator of the Airport. . The PropertyOwner on behalf of the Property Owner, Its heirs, assigns in interest, the BOCC, and any and allrelated rti f the BOCC, including tit not limited to BOCC members,m m , managers, agents, servants, employees and iessees, from any andall claims, demands, damages, debts, liabilities, costs, attomey's fees or causes of action of every kind or nature for which the Property Owner our its heirs, assigns, or successors currently , have in the past possessied, r Wit in the future It of Airport operations or aircraft activities noiset to or generated ur rt activity, or may ft mr have as a result f iuse of this m nt, including mtt not limited to damage to the above-menboned property r contiguous property due to noise, and other effects of the ti of the Airport or of aircraft landft or taking ff at the Airport. l Ire n l Airport NIP—Avigadon EesemeM (Unit ) Page 2 of 4. This Easement expressly excludes andto the Property Owner and to the Property Owner's heirs, ssi in interest, claims, , debts, liabilities, ' or expert's fee, or causes of action for physical damage or personal injury y aircraft or part of any aircraft using the Easement that identifiable physi I damage to the property or injury n on the property by coming into direct physical contact with the property or the person on the property. 5. Should it party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein t protect its interest in any matter arising r this Agreement, or to recover damages by mason of any alleged breach any provision of this Agreement, the prevailingII be entitledto all costs, damages and expensesincurred including, but not limited to, attorneys fees and costs incurred in connection therewith, including II t ion. vision of this Agreement is to be interpreted for or against any party becausethat party or that s legal representative drafted such provision. This Agreement shall be interpreted c in the laws of the of Florida. breachvision of this Agreement may be waivedunless in writing. Waiver of any one breach of anyvision of this Agreement shall not be deemedbe a Waiver f any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by writteninstrument u 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 courtcompetent jurisdiction, the same shall be deemedl remainder this Agreement and shall in no way affect, impair or invalidate any o# r provision hereof so long as the remaining r vi io not materially alter the rights n obligations of the parties. If such condition, covenant or other provisions II be deemedinvalid u to this scope or breadth, such covenant, condition or other provision shall be deemedvalid the extent of the scope r breadth permitted by law. 8. In the event the AirportII be subdividedinto more than n 1, or the Airportt portion thereof becomes subject to operation, management or administration by a party in additionto or in lieu the BOCC, then and in that eventthe partiesthat same shall not terminate or otherwise affect this Agreement so long as a portionthe Airport continues to operate for standard airporti o that y such successor in interest to the BOCC shall be entitledII of the benefits running to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsiblefor II costs of maintainingoperating y sound attenuationmaterials n equipment installed in the Property by or on behalf of the BOCC. Key West International Airport NIP—AvIgation Easement(unit ) Page 3 of This Easement Agreement is executed as of the date firstv . .� PROPERTOWNER: P(iR'C'PERTY OWNER: v 10 Pitjn6rura Sinature c u _ d Printed Name ,. Pftedr Nv .M.M.M Date r s-r O COUNTY — "1f% The foregoing Instrument iR day cif 19 by Ln Property or Name(s) bi t IVY Commission F bh r yutary Public Signature _. LL i -_. --------------- MONROE COUNTY BOARD. � �e..... ._ ... ..... F COUNTY COMMISSIONER ® Y 1 T t Signature s u. �gna Printed Nwe B i i v f Ery[. fiiE Printed Nam,: ia��94„y �ae aaxmmwxmTnmxxv...v, iron m. Signature ro r a — -— Date, Printed Name ' STATE OF FLORIDA ,,, COUNTY OF MONROE AA The foregoing instrument x,is bfilfiu s me 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. y Commission Expires: Notary Public Signature MOIN RIDE clot TPORNEY 7 Key West Intematlonal Airport NIP—Avlgetion Easement(Unit#C208) ,a Q . ' ' ,age 4 of 4 i � "COIFS WY Address: KeyWestbtheSea Unit No.: 608 PROPERTY OWNER NOISE INSULATION AGREEMENT THIS i i i is made and effective the iwritten corporation i existing r f t t f (the "County"), undersignedand the "Property °' . WHEREAS, the Property Owner is the in fee simple certainI property located in the City of Key West, County of Monroe, Statef Florida, and more particularly i $o (the "Property"); WHEREAS, the is the owner and operator of the Key West International Airport (the )g situated in the t, County of Monme, State of Florida, and in closei ; and desiresWHEREAS, the County i r the use and benefit of the public $ of free and unobstructedflight for aircraft landing takingfrom, or maneuvering about the i ; and WHEREAS, the Property Owner has elected to participate Internati iset[ t "Program") , as part of the Program, the Property Owner has elected i acoustical treatments improvements to the Property as more particularlydescribed heretot "Program improvements"); said Program Improvementsto i r by the County at no cost to the r and in exchange for the ti to the County of an avigation easement over, across and through the Property; and WHEREAS, the CoUnty will enterit ion contract with general contractor (the "Contractor') to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the i$ t team consistingf team manager and assistant manager, architect, mechanical engineer, acoustician i r selected by the County (theManager"); and , the Property bwner and the County mutuallyi to to the r will participate in the Program and receive the terms and conditionsi herein; THEREFORE, in i ti the terms, covenants and conditions t forth herein, C good andvaluable i ti , the receipt �_ . ... w............ .---........ Propeny Oymer Noise Insulation Agmement Page I of 2 sufficiency f which are hereby acknowledged, the Property Owner and the County hereby agree s follows: 1. 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 of Monroe County, Florida. The Easement remains in full force and affect andis herebyratified in all respects. Poll Statements. i tent with the n / r Federal Aviation Administration Airport Improvement policies and procedures, the Program Manager has developed a seriesPolicy Statements outlining construction and eligibilityrestrictions. The Propertyr understands that prescHbed Program Improvements ill be consistent with the Program Policy Statements vi to the PropertyOwner by the Program Manager. A copy of the Program Policy Statements is attached hereto as ExhibitA. 3. Pa y e t of Program Improvements. oun s to pay for the Program Improvements descri in Exhibit _ attached hereto. The Improvements will be approved by the PropertyOwner and County, managed by the Program Manager, and performed by the Contractor. . Impeding Co petitiv j i Process. The Property Owner shall not impede r inte with the ntractors ability to select vproduct manufacturers subcontractors in the preparation of bid submittals. o insure competitive bid environment, the Propertyr is prohibited from having discussion or communication withthe Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of thent ion contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the Countyin its sole discretion, result in disqualification from the Program and cancellation this Agreement. 5. Construction Contract. The County will award the contract for the ProgramImprovements ni with Federal and County competitive bidding olici and procedures. The contract will require the Contractor to complete the Program Improvements witi 'time period defined by the Program Manager. Post-Construction Responsibilities. The n r II meet all responsibilitiesand requirements pertaining ,, t pre-construction and post- construction: a. Prior to the start of NIPconstruction, the Owner shall meet all Pre-Construction requirements to include: (1) Removing all valuables (such as jewelry, ins, guns, antiques, helflooms, etc.)from their condominium; ( ) Moving of all fumiture andbelongings into the "Designated Storage Space iti the condominium, providing the required "Clear " (white ..................... ....__...... o __®..............�_ Owner Noise Imuladon Agreement Page 2 of 2 spacein , t for the not rW When doing , the Property ill have the ability to utilize the complete 'floor to celflng" Removing f all excessive furnitureand belongings mr the condominium that mll not fit In t "Designated "; Removing all window and door treatments (such as blinds, plantationt . storing nn them in the 'Designated S Area"'; RemoAng all electronic anddust-sensftive itemsfrom their condorninturn or wrapping withprotective lstoring there in t "Designated Storageu; Removing ll wall hangings (such as mirrors, pictures, hanging shelves, t .) and storing them In t "Designated St °°; Movingll small items and belongingsInto its r the closetsr bathrooms utlulmm In the "IDesignated StorageSketch" Afterb. compleflon of the NIPconstruction, the Property Owner shall meet all Post-Construction requa moments to Include- Movingll furniture and belongingst In the Tesignated Storagetheir original positions in the condominium: Moving rmy excessive fumitureand ran in into the condominium; Re-EnstaflaUon of allwall treatments, treatments n wall hangings back to their original positionsin the condominium. . In the event the Property Owner falls to performn and all of the above Pro-Construction i uiliiti , the Property Owner shaH be removedfrom NIP participation and the Propertyr shaH be liable to the Countyrm Contractor for any andl tmnng damages and all direct and Indirect t related thereto. '. In the event the r falls to performand l of the above Post-ConstrucUon responsibilities, the Property Ownerh H be liable to the and/orCounty Contractor for any andall resulting damages andall direct andindirect costsit thereto. . Impeding Construction. construction of the Program Improvements t in , the Property Owner shall notl ran i ran or alter construction mi W In addition, the Property Owner shall prevent any and all tenants that may the Property duringthe ran tru i the m Improvements Impeding i n t ion or altering constructionschedules.. in the event the Property Owner or any tenant occupying the Property Empedes construction or PropeM Owner Noise Inniation Apwment Page 3 f 28 alter's the construction schedule, the Property Owner shall be liable to the Contractor and the County fdr any damages andall direct and indirect is related thereto. B. Safe Workinq Environment. The Propertyr shall be responsible r providinga nnm nt for the m erg Contractor, subcontractors, lu City, County, State and federal inspectors. . Throughout all phases of design and constructionof the Program Improvements, the Pmpertyr shall be responsiblefor: (1) Providing a workin, nvIronment that is free fmm pot rand l health risks, Wohazard conditions, hazardous chemicals, obstacles, weapons ran r explosives; (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact; and ( Insuring rmn that all pets are completelycontained. . In the event the rt r fails to meet of the fbregoIng conditions, the Programmay, at the discretion, be temporarily suspended t any time. In such event, the Program Manager shall notify the Property Owner in writing, 'stating the correctivei ( and/or condition( required to be completedr performed by the Property Owner pdor to the Countyresuming the process.Pmgram . In the event the Program process is not resumed due to the Property Owners lamre - to oompIetethe correctiveaction( and/or condition(s) requiredthe Program Manager, the Property Owner shall be liable to the ran ran Contractor for any andl mages and all a and Indirect trelated thereto. d. It the Programcep is resumed, the r shall liable to the Countynn / r Contractor for any andall damages and all direct andIndirect costst to or caused by the temporary m inn of the Program process. 9. .._Construction y urine the nn t inn period, the Contnictor may experience unfbreseen complicationstul to the installation of the Program Improvements, The construction contractl i that delays relatedto these unforeseen li do n one the control of the not t r and shall be excused so that the time I t may reasonably be exteran i schedules may m If there is a delay In mnn the contractthe Improveenents have to be re-bId re-bud in the event of lack of bidding contractorsn failure t of the Iowest responsive, responsible bidder to executethe contract, provide a payment and r bond or show proof of required Insurance. t • des _ ~t r. T Program ran r t right t m n� t t ran specm tIons andthe Program Improvements, at its Owner oisIt Agreement a sole discretion, t any time w1 the w I such changes do not reduce the scope or quality of the ProgramImprovements d In _Exhibit C and ... such hm, are necessitatedthe discoveryf hidden conditionsnot readily detectable dud normal property inspection procedures. ® Acceritance of I tI f t � t the r shall inspect the inspection f the n Improvements to determinethey were completedt to the terms of the contract. r retains solei w tl w and authorityn program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers acoustic designs. The Property Owner is requestedto attend the Substantial Completion Inspection and pmvide input to the Construction Manager it respect to the identified tifl -list items. In addition, the r r is welcomet attend the Final Inspection. In the t the Property Owner elects to not aftend the Substantial l tl d Final Inspoctions, they I r their ability t provideinput to the t i n Manager with respect to the t f the Program Improvements. In the event there is a disagreement between the Owner and the Program Manager as to a conformancer performance issue, the OwnerProperty shall be requiredto submit the discrepancyin writingto Monme County (representativeto be defined before the NIPconstruction within f the inspection giiw rise to the i ® Monroe County shall then make a determination ato the acceptability f the of w w issue remedial action that may to be taken. Monroeshall be the final arbiter of any t m Failure by the w n r to submit the written inn within the time period ifishall thereafter foreclose the OwnersProperty t to file I i t. . Termination of Agreement. The Pmperty Owner understands that ' the signingf this t initiates th the I I TI f the Program Improvements to be performed in accordanceIt the . Therefore, if the r attempts to terminate this t or otherwise impedes the progress f the the r Improvements r the f the constructiontract, the Property Owner will be liable the County for any II damages andall direct and indirectcaused thereby. 13. Warranties, h not represent r warrant the level of noise reduction that the Property Owner will experience withinthe It f the Improvements pew f the Program. agreesa. The County that its contractgth the Contractor will include standardn 1 r warranties from the Contractor fDrall materials and workmansh Such r warranty periodshall commence as of the time f the acceptance of the work as provided r in Paragraph 9. t the f oonstruction, the Program Manager will provide the OwnerProperty with a WarmntyFinal CIOSeOUt Package whichill contain copies the warrantypolicies, w instructions, de,si t m, legal documents. As condition f receiving the Warranty i I Closeout Package, the r Pmpeny Omer Noise Imulation Agmement5 of 28 must first submit a completedI ner Satisfaction Survey to the Program Manager. After receiving the Final Closeout Package, the Property Owner understandst the warranty policies for products used in the construction of the Program Improvements iffer among productmanufacturers. In the event of claim, the OwnerProperty is solely responsible for pursuing all future productn issues directly it each product manufacturer. c. In the event of a claim, the Property Owner shall be solely responsible for, and agrees to contactContractor or product manufacturer directly coordinate any requiredis s to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution f all product or construction warranty issu ( ): (1) The Property Ownees inquiry is not directly relatedto either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Propertyis inquiry arises during the one- year warranty periodfrom the Contractor or thereafter; ( ) The Propertyr . believes that warranty s ' is required i s to construction warranty issues, and the one-year warranty period from thegeneral contractor has expired; ( )' The Property Owner believes that service' i quiwith respect to product warranty issues, the advertisedperiod r the products not expired, and the manufacturer is currently n u in its business; and ( ) The Property Owner believes that service is requiredwith respect to product warranty issues, and the advertised warranty period for the product has expired. 1 i tin fici ci The Property Owner will be requiredt sin Exhibit Q (Deficiency old Harmless t) which will impute II responsibility liability to the Owner for any and all present Pre-Existing Deficiencies t the Property, whether seen or unseen. 15. 'Pre-Work Reguirements. h aOwner will. be required to completey and all o , as required by the NIP to successfullyaccommodate the NIP acoustic modifications. The Pmpqqy Owner will be requiredto completeall designated Items util uIred deadlines as established I , In the event the r falls to complete the designated - items by the established I deadline, the Property Owner shall removedbe I participation .the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct andindirect related thereto. 1 i1West "Hard-Wired" Smoke Ala ui nt. In compliance 't the Cityi it and the City of Key W Building Department n ion permit issuance requirements, the Property Owner V411 be requiredto install 1 - I "hard-wired" smoke la in their condominium in ........_ . ........... NoisePeoper&Owner l Agreement Page 6 of 28 accordance with all applicable codes and regula#ionsthe 1deadline established NIP. The Property._Owner will be Eixuv.w.i i i We ensgrgthe # . _ _,smoke alarmsare notI ll in same areas vAthinthe ii modification work ill r # i ray' ., � i _� r� #. # «,«. i µ at on Rmc_ess. event the fallsinstall t 1 # „ " r' l 1 # established I deadline, theshall removed from NIP participation. . SuspensioE of �Program Process. The Prograrn process may be temporarily n # any timethe i and/or constniction the discoveryf Deficiencies due to their potential impact on the Program Improvements and product warranties. The Programill not resume until the OwnerProperty has corrected all related problemsto the ti f i of the Manager. In # repairs are not completed in a timely manner, the Property Owner will be liable to the for any and all damages and all direct and indirect costs1ay and/or stoppages of the . 18. Limitation on Alterations to the, Pro- ert The Property Owner agrees t to make alterations, r to pennit any tenant occupprig any portion of the Property to It ti to the i ting windows, doors and/orwalls the time f the Designrail the r r i of the Improvements r completed. ti to this rulein writingthe r Managen Failure to to this requirement may, at the optionthe Program Manager in its 1e discretion, resul# in an immediate suspen i the construction the Improvements the r r °Il liable # # County for l i n indirect associated it alterations r damages related thereto. . Pre and Post-Constructioni tiro ft Pre- post- construction ti noise testing 1 important that is designedto measure #determine the 1 achieved noiselei reductionlevel attreated properties. If selected by the r r for - & post-construction noise testing, the r agrees to provideto their property for testing agrees to t to make alterationsto the interior of their the ti f repairs of Deficiencies) from the i f the re-construction 4, _ test # t post- construction inoise, .. 1 # i i # t 1collection, the Property Owner also agreesto the intedor layout of furniture, rir and window treatmentsthe time Of the - n I ri noise te§# # the_post- constructionnoise test. The Property Owner understands that the failure to t this i # may It in corruption of # i testing f the Property Owner understands they may be liable to t r any direct and indirect noisetesting costs in the rat these requirements # met. cooperate20. Cooperation. As reasonably requested, the Property Owner shall it # # # r, the r and Monroe County in the performance f all phases of the Program Impmvements including, but not limited to, removalthe and reinstallation f rugs, wall hangings and furniture �.. . ........ _. Property Owner Noise Insulation Agreement Page 7 of2 t. Utilities.. h hall It theContractor to use, at no t t t Contractor theexisting utilities light, heat, power and water necessary to carry out the Improvements, 22. Design andBid Process Access. At scheduled times and/or upon t less than -four _advancetip gad! , the Property r agrees to provideto the Program Manager, Contractor, subcontractors, suppliers, City, State n l inspectors and consultantsthe Property to oollectl ll final design and biddocuments. These visitscould include, t not be limited to, property survey, designW hazardous material inspection, r -n l testing nd pre-bid visit. In the event the Property Owner falls t provideto the w r all required IP Design and Bidvisits, the Property Owner shall be removed from NIPrtl l tl n. 23. P.Pre-Constructionpcess. The Property Owner agrees to provide access to t forty-eight prior to the l t f 11 construction. his short visit will provide the Manager with the Ill to ensure that the Property Owner has met all furniture illltl @ Fall Fallure could cult In the suspension of the scheduled141P constructionthe r shall be liable to the Countyr Contractor for any and all resulting damages and all direct and indirect t related thereto. 24. �99'Pre and Post Construction Access. At scheduled times and/or upon t less than twenty-liour hours advancenotice email and r the established I construction h le assignment, the Property Owner agrees to provide to the Manager, Contractor, subcontractors, suppliers, City, County, State and federal inp consultants t t to provide all i IPre-Construction and Post-Construction visits. These visitscould include, t not be limited to final measurement, pre-construction inspections, review Designated t I nt t construction inspections and post- construction noise testing. In the event the Property r falls to provider all required NIPPre andt Construction visits, the Owner shall be removed from NIPi ip tl and t r shall be liable the n and/or Contractor for any andall resulting n all direct andindirect sty related thereto. 25. Construction Period n I construction contract, the Contractor III _ the g m Manager with their final construction schedule, hh will include the requiredf calendar to compl6tethe NIP construction in each of the participatingcondominiums. this 1 , the Program Manager mII assign each Property Owner with a designatedf calendarin which cmnstruction will occur in their condominium. The Property Owner agrees to relocatefrom their condominium for the entire I time rl . In addition, the Property n r agrees not t re-enter their property for any reason during their assigned constructionperiod to safetyconcerns rr the of l l to negatively impact h Contractor. In the event the p n r falls to providefor their ,assigned constructiontl period, t nr shallh removed from 11 r Noise Imulation Agreement Page 8 of 28 participation the r shall it liable to the Countyr Contractor for any and all resulting damages and all direct and indirect ts related thereto. ® Construction Periodion Due t i rocs t I construction periodIII into thet h n, there� is potential fbr construction I and/or stoppages, beyond the control of the Contractor, in the event f a threat of an approachinghurricane and/or I hurricane event. Due to this posslbility� the Propertyr understands that delays may occur in addition to their originally asi construction time without any fault or cost to the Contractor Manager.and Program Furthermore, the I t from their condominium for all additional calendar days resultingfrom NIPt i n work stoppagesto a hurricanethreat or event at no cost to the , Contractor r Programr° In the rat the Property Owner falls t "the required additional access to their condominium' to hurTicane-related work.stoppages, the Property r shall be removed from NIPparticipation and the r shall be'llable to the t r Contractor for aand all resulting damagesl1 direct and indirect t related thereto. m 91scover of Pro-Existing Def lencles Duringt I m In the event the Contractor discovers pre-existingf l nci t the t 1 construction that negativelyimpact the installation of the 1 improvements, the r agrees to immediately repair and remedlateit in an effort to reduce any negativeimpact on the scheduled t i period. The Property Owner understands that, depending on the timing f the - I tip fr irepair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. m f _ ill i itions on Constructi I ° r understandsthat ref building conditions that rim, during the NIP constructionhave the potential to increase the original scheduledtin of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to planfor t t- possibility that the originally-scheduled construction completion datel few additional days due to unforeseen building conditionsthat may arise and complicate1 construction. I ti. t i xxx t rata and Blinds. The Owner,Property understands that, after the installation f new NIPacoustic ire 'the existing ° and/or door treatments, h lire t be compatible r able to be re-Installedto size differencesthe now and existing i . ° Existing Crown MoLdlr L. During the installation of the new acoustic °r , the NIPill be providingnew t " replacement Interior trim n sills. r understands that the NIPreplacement tri will not match custom and/or specialized crown moldingr custom window and r trim. After the completion f the NIPmodifications, the l r® will have the ability to make modificationsto the NIPinterior trim t their own expense. ® _.._ Aropeny Owner Noise l t ° t Page 9 oft 1. Communication Requirements. r agrees to read and review II NIP emalls for letters in a timely fashion which are being provided y the NIPensure schedule n . In the event the r falls to meet this requirement, it could resultin removal from NIPparticipation. 3 . Title Examination. The Program Manager has obtainedr will obtain, at its sole cost and expense, an"Abstract title" to ensuret the Property title is free from I lens and/or title defects. 33. in i I „rin it . Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (f) correct any title in awhich are disclosed by the "Abstract itl " and in the solet r i i of the Countyt invalidate the Easement, (if) secure the writtenf any and all mortgage holders to the Property Owner's conveyance of the Easement to the County if the Countyt i t it is necessary r desirable t (collectively, the "Title Matters"). I , prior to thet of construction of the Program Improvements, the County, in its solediscretion, determines thatthe itaffecting the Property may invalidate t, this Agreementshall be null and Vold, the Easement shall be tenninated. . Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the followingvisions: a. The Propertyr shall subject the construction work on the projecto 'such inspection and approval during, the construction of the Program Improvements r completion of the Improvements as may reas ly requestedbe rand/or Monroe County. After final completion of the Improvements, the Property Owner shall assume the responsibilityr maintenance and operation of the items installed, has r constructed under this Agreement. Neither the Federal Aviation Administrationnor the Countyresponsibility for maintenance andoperation o these items. 35. Reduction_ of Fresh Air Infiltration. rty Owner will be requiredto sin Eghlbit E (Ventilation Hof I ) which imputes all responsibility to the Property Owner'1br the proper maintenance of interior moisture humidity levels. 3 . ffi l __ a of Materialsl n . If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and ei i lwith the Contractor at the Propertyers sole risk expense.and The Countyo responsibility for the conditionof the material, equipment or surrounding surfaceslt of the owner-requested saIv . The OwnerProperty and the Contractor shall, prior to the commencementconstruction, agree upon cute a document listing those items to be salvaged. In the absence _..... _ ........_. Noise Insulation Agreement 10oft, of such a wdttenII items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become property of the Contractor. 37. rty Insurance. During construction ri , the Contractor will provide buildersrisk insurance for the Property. The Property Owner shall have the option, at the Propertynrs sole cost andexpense, to maintain homeowner's insurance policy r the duration of the construction of the Program Improvements. r understands that, following final completion, the Contractors builders risk insurance ill cease, and it is advisabler the Property Owner to obtain insurance cover any value added to the Property the Program. . i ipg and Effects of Construction. . The Property Owner understandsthat there is a chance that construction itself x the Contractors original projected construction time d . The Property Owner also understands t the construction may involve substantial inconvenience Id generate significant quantities of dust and debds renderingportions of the Property uninhabitabler extendedri time. 39. Labor n iFedal Release. The r leas -forever discharges all lai ,�sultsand actions against the r; the County and its officers, employees, agents, consultants, contractors suppliers it s to issues relating to the conformancelabor, materials acoustic ins utilized in the Program Improvements. thi in this paragraph shall limit ni for materials and workmanshipcontained in the contract with general contractor. . Sale of Pro In the event p er sells, nv r otherwise transfers title to thea the completionII phases of the process,Program the Property Owner hereby agrees to providethe buyer with a copy of this a ri r to the closing n the sale, v r other transfer, and transfer all. of the Property Owners obligations under i Agreement the buyer s condition of the purchase, conveyanceor other transfer of Property.the 1. Waiver. No waiver of, acquiescencei , or consent to any breach of any term, venant or condition hereof shall be construed as, or constitute, a waiver of, acquiescencein, or consent to any other, further or succeeding breach the same or any other term, ve r condition hereof. 42. .Release of Easement. In the event that this Agreement i cancelled or the CourTtyins that the Easement should be released , the Property Owner, upon writtent by the County, shall pay to the Countythe sum of One Hundred Dollars ( 1 ) to cover the costs of the preparation recording I of Easement document in the public records of Monroe County, Florida. r understands that it is the Property Owners responsibility to insure such payment is made in order to "clear' the title to the Property. Property Owner Noise Insulation Agreement Page 11 of 28 43. AWhqfty=jLo Execute On Behalf Of Cou , By Resolution No. 111- 2004, duly motioned and passed at a lawfully announced public meeting, the Boaid­of County Commissioners of Monroe County, did, on the 171h day of March 2004, grant full authodty fort County Administrator to execute this Agreement on behalf of, the County without further action by the Board of County Commissioners. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit 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. Governlng_Law, Venue, lnte!pretatlon,,CosLs,and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted I& the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administra tip e body in Monroe County, Flodda. (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 prior #o. 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 attomeys' fees, oourt costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. B 1 id 1_q n Effect, The terms, covenants, co nd itions, and provisi Agreemen o ns of k__ _ this t shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. ............ .....................——------ Ptop&V Omer Noise Imuladon Agmement Page 12 of28 c. Severability. If any term, covenant, condition or provision of this Agreement ( r the applicationf to any circumstance rperson) shall be declared invalid r 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 eachremaining term, covenant, condition and provision of this Agreement shall be valid II be enforceable to the fullest extent permittedlaw unless the enforcement of -the remaining terms, covenants, conditions and provisions of this wouldAgreement v t the accomplishment of the original intent of this Agreement. d. AWItorit y. Eachparty represents and warrantsto the other that the execution, delivery andof this Agreementh v my authorized by all Countynecessary ner action, as may be requiredlaw. e. Duration of Aoreement. This Agreement shall commence execution of this Agreement, subsequent to execution by the Owner and by the Countyn II remain in effect for a periodl i to effect the Program Improvements ( "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. County n ner agree that each shall be, andi , empowered to accept for the it of anyr all of them, gifts, grants, assistance funds, or bequests to be used r the purposes of this Agreement. Claims forrederal or State Aid. The Countyn y Owner agree that each shall be, and i , empowered to apply for, seek, and obtainI and state funs to further the purpose of this Agreement, provided that all applications, requests, grant proposals, and fundinglicit i n y the Property Owner shall be approvedthe County pdo'r to submission. . Adiudication of Disgutesor Pigggreements. The County Property Owner agree that all disputes and disagreementsshall be attempted to be resolved by meet and confer sessions between representatives of eachof the If the issue or issues till not resolved to the satisfaction of theparties, then any party shall have the right to seek such reliefr remedy as may be providedthis Agreementr by Floridalaw. 1. No nd iscri i nation. The Countyn rty Owner agree that there will be no discriminationit any person, it is expressly understood that upon a determinationcourt of competent jurisdiction that discrimination occurred, this Agreement automaticallyterminates i out any further action on the part party,of any effective the datef the court order. The Countyr agree to complyi ll Federal and Floridatut n II local ordinances, as applicable, I tin nondiscrimination. These include but are not limited : (1) Title I of the Civil Rights Act of 1 ( .L. - ) which prohibits discrimination basis of race, color or national origin; ( ) Section 504 of the Rehabilitation1973, as end ( U.S.C. s. ), which prohibits discriminationthe basis of handicap; ( ) The Age Discrimination1975, as amended ( ' 1- 1 ), which P�-qpeny Owner Noise Insulation t Page 13 of 28 prohibits discrimination on the b,asis of age; (4) The Drug Abuse Office And Treatment Act of 1972 (P.L. 92-255), as amended, relating to nor d iscri m Mation 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 es-3), as amended, rel tiro g to confidentiality of alcohol and drug abuse patient records, (7) The Amedcans With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be am'ended 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, Florida Statutes' ), as may be amended from time to time, relating to nog discHmInation; (9) The Monros 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 ordinances which may apply to the parties to, or the subject mafter of, this Agreement. 1. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the fbnnation, execution, performance, or breach of this Agreement, t r agree to participate, to the extent required by the other party, in all proceedings, 'hearings, pmeesses, meetings, and other activities related to the substance of this Agreement or provision of the services under,this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. k. Books. 139cords, and Documents. The County and Property Owner shall r'na ire tain books, records, and documents directly pertinent to performance under this Agreement in accordance Wth generally accepted accounting principles cons ist ently applied. Each paity"to this Agreement or their authorized repress ntatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes during the term of the Agreement and for four year's following the termination of this Agreement. I. 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 with its performance under this Agreement, and that only interest of each is to perform and receive benefirts as recited in this Agreement. m. Code of Ethics. The County agrees that the officers and empI oyees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business with one's agency, unauthodzed compensation, rnisuse of public position, conflicting employment or contractual relationship, and disclosure or use of certain information. ------------ .......... Propeny Omer Noise 1?=Iatwn AVeement Page 14 of 28 m No Soflcfta_tl rr AyMent. The County andwarrant that,'In respect to itself, it has neither employed nor retained anym°m r person, other than bona fide employeel for it, to solicit or secure this met and that It has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee workin ieiyr it, any fee, commission, gift, r other consideration contingent iupon or resulting from the r making of this r t. For the breach or violation this l , the Property Owner r t the shall have the right to terminatethis rat without liability t its discretion, to offset from monies , or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public ,, r our Propertyr shall all permit rm t � m lr� lp r� t, alldocuments, , ltt, , or ether materials sj to the provisionsChapter t , Florida Statutes, and mader receivedthe County and Prop" Owner in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provisionthe r. Public Records Compliance. Property Owner must comply with RondaUbU rr laws, including but not limited to Chapter 119, Florida Statutes and Section of article 1 of the tlt tl n of Flodda. The County OwnerProperty shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public " materials in Its possession r under its control subject to the provisions of Ch t r 119, Flodda Statutes, and r received the un and, r in conjunction Wth this t n related to contractperformance. The County shall have the right to uniiaterallycancel this contract l I tl r t this provision by the r. Failure of the Property Owner to abidethe terms of this provision shall be deemed a matedal breach of this met t and the Countythe terms of this provision In the .fbrm of a court proceeding andshall, as a prevailingentitled to reimbursement of all attorneys fees and costs associated °t that proceeding. This provisionshall survive may termination r expiration of the contract. PropertyThe r is encouraged to consult with its advisorst Modda Public In order to complywith this l l rm. Pursuant to F.S. 119.0701 and the terms and conditionsthis contract, the Property r is requiredt and int In public records that would be requiredthe County to perform the service. receipt from the County's custodianCounty' of records, providethe County with a copyof the u t r allow the records to be inspected or copied within a reasonabletime t a cost that does not exceed the cost provided in this chapter r as otherwisel law. (3) Ensure that public records that are exempt or confidential and exempt from Il records disciosure1 r mats are not disclosed except as er Noise Imulation Agmement Page 1 authodzed by law far 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 perfotm 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 completi f the contract, the Property Owner shall meet all applicable requirements fbr retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a fbrmat that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Property Owner has questions regarding the application of Chapter 119, Florida Statutes, to the Property Owner's duty to provide public records relating to this contract, contact the Custodian of Public Records, Man Bradley at (305) 292-3470. p. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property OvMer in this Agreement and the acquisition of any dommercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q. Privil%p 1 q and immunities. All of the privileges and mmunities from liability; exemptions from laws, ordinances, and rules; and pensions and rellef, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when pefforming their respective functions under this Agreement within the tenitoMal limits of the County shall apply to the same degree and extent to the performa� f such functions and duties of such officers, agents, volunteers, or employees outside the taMtorial limits of the County. r. Le al ations and Re oonsibilitles' -QeIqgg§o of g_ Oblig WHIMS Non Constitutional r Statutoa Duties. This Agreement is not Intended to, nor shall it be constnied as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any they 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, OUthorizing the delegation of "the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, .......... Proper&Owner Noise Inndadon Agmement Ave 16 of 28 state t tut n , specificaily, the provisionsf Chapters 125 and Floridat tut . s. Non-Reilance, Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or atterript t enforcey third-partyclaim r entitlement to or benefit of any servicer program contemplated hand r, and the CountyProperty Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority ri to inform, u ], or otherwise indicate that any particular individual r group f individuals, nti r entities, have entitlementsr benefits under this Agreement separatert, interior t , or superior to the communityin general or for the purposes contemplated in this Agreement. t. .,Aftestations. The Property Owner agrees to execute such documentsthe County may reasonablya n the perfonnan f the lu ti n and duties of the Countyr Property Owner under this Agreement. nt. a No o Personal lit covenant r agreement contained � u shall t _ nit or agreement of any member, officer, agent or employee in his or her individual capacity, and no member, officer, agent or employee of Monroe Countyl iiable personallythis r nr rat or be subject to any' personal iiability or accountability by reason of the executionf this Agreement. . ,....Execution in Counterparts. This t may be executedin y number of counterparts, ea I of_ hutch shiall be regardedn original, all of which taken together shall constitutethe same instrument and any of the parties hereto y execute this nit by signing any such counterpart. . Section Hggdinqs. Sectionul inserted in tau Agreement as a matter of convenience of reference.only, and it is agreed that such section headings t a part of this -Agreement n lull not be used in the interpretation of any provision of this t. Property Owner Noise Insulationt Page 17 of 28 IN WITNESS , the Propertyr and the County have executed this h r first v rl . 4 WI : �� : Signature — , �.. Printed Name t .,�m PrInW Name Signature Printed Nam a - _. ......... .......... __ _..... IT SSE .: PROPERTY OWNER: -17 et" Sir x,,. yf Printed Name ,• NwL ame z' CD e �b eAn ign fturew Date/ ........... Pflntki m e , , e . .......... E- ,�6NTY BOARD OF COUNTY COMMISSIONERS: (seal) , MAYORI CHAIRMAN: �,Att t v..µ. K8V1-NWXD' 0K, CLERK SLYV1A P i y. v.FlhbDeputy, Clerk Signature IL a.. _... ._® ... s PrapeMy U$Mer Noose Insulation Agreement PEORO"j.MERCA Page 18 of 28 NTAa( ^ "• ,,, �� ExhibitPROGRAM POLICY STATEMENTS NoiseTo Property Owner i i A. Air ii is General Restrictions. Whileproviding a now ductless `mini- split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums: 1. All condensing units ill be installed on the balcony 2. II refrigerant lines (running from the balcony condensingunit) will be installed consistent `th KWBTS Board policy rules, maintaining a maximumheight of 48 inches. 3. All condensate lines will be installed on the building exterior consistent with KWBTS Board policy rules to ensure the highest level of consistencyand building architectural aesthetics. 4. II interior AC lines (refterant, condensate, l 'cal) and Energy Recovery Ventilator ( ) ducts will be housed in new vertical wall and comer pilasters ich will be constructedto match the quality of existingall . The number and locations of the new vertical wall and comer pilasters ill differ depending on your unique condominium floor plan and number of bedrooms. The NIP executive architect will view this information with you aat your NIP Design Review Meeting. 5. Only electrical service panels that are determined the Program Manager to b deficient will be replacedy the Program as a part of the Noise Insulation Program modifications. WindowB. III Re Placement. Due to the presence of asbestos, the NIP will provide a new custom o surround and sill instead of the existing gypsumboard surround. Due to this revised plan, existing custom sills (marble, it , wood) will not be replaced. This revision will be an improvement, while decreasingconstriction costs and improving time efficiencies. C. Custom Crown Molding, and Baseboards Restrictions The new asbestos abatement requirementsill restrict the ability to remove existing custom trim and baseboard prior to construction ( s on inll assumed), which will not allow sufficient time for the awarded general contractor to secure custom matched replacementtrim. Therefore, existingcrown moldings, wall trim, and base, the contractor will, instead, cut the existing o trim flush'to the face of the new pilaster or thru wall c-ifill. At now pilaster locations and, if the thru wall ac infill abuts the existing baseboards, the contractor will install a standard ( " x 5-112� painted wood trim abut the existing trim, ter than attempting to matchthe existing custom trim files and materials. After the completion of the I can ion, the property owner will Exhibit A- omeLmulation 4mement Page 19 of 2 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. 'Door Thresh2ld Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical pdme entry svAnging doors and sliding glass patio doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimurn protection to the intenor of a condominium from water infiltration during a hurricane. E. KWBTS Asbestos 'esting As required by state and federal requirements, THC coriducted asbestos testing on all participating KWBTS condominiums in Buildings A, B arid C during the November 2017 to April 2018 time period. This testing included collecting 7 to 9 samples at each condominium to include gypsum board joint compound, window glazing, and exterior wI ndow and door caulking. In addition, random exterior stucco samples were coll kway ected on both the 'Walu and "courtyard / balcony" building elevations, Depending on the laboratory analysis oft samples, the presence of asbestos containing materials (ACM) have the potential to impact several areas of the NIP construction process to include: - window removal and acoustic window installation, - door removal and acoustic door installation, - removal of portable "through-wall" AC units and the infilling of openings, - ceiling cuts required for installation of the ductless AC, - wall cuts required for the installation of the ductless AC, - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, - construction of closet soffit for installation of the ERV. F. Asbestos Abatement Reguirements In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the IbII ng abatement requirements during construction: If saMj),Ies show a presence of ACM < 1% The NIP contractor will be requl to comply with OSHA worker safety requirements to include worker respI om, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. ................... ............................... Exhibit A-Property Owner Noise Insulation Agreement Page 20 of 28 Ifs resence of ACM >1% The NIP contractor will 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, windows1doors), I approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - it sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement)workers. - THC will be required to provide executive oversight of all ACM -abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. - The presence of ACM Will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. - Given the cost to provide required asbestos abatement procedures, the FAA will require THC to develop a design and construction plan that minimizes the disturbance of ACM to ensure the minimization of construction costs, duration, and liability to the contractor and KWBTS property owners. This plan will result in new property owner requirements and design restrictions is are outlined below. M. kWBTS BOARD Authorltv of Deslan Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes 3. Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split7 AC System Installation Requirements 5. Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment .............. ............. Exhibit A-Property Owner Noise Insulation Agreement Page 21 of28 LEGAL DESCRIPTION OF PROPERTY Exhibit B TO Homeowner Noise Insulation Agreement Condominium Unit No. 20.8-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Officlal Records Book 589, Page 370, as amended from time to time, of the Public Records of Monroe County, Florida. --—----------- Exhibit B-Property Owner Noise Insulation Agreement Page 22 of28 PROGRAM IMPROVEMENTS Exhibit NoiseTo Homeowner i This Exhibit C representsthe Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reducethe interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include: Architectural Drawings 0 Replacement Aluminum Acoustical Windows 0 Replacement Aluminum Acoustical Swinging PrimeDoor(s) Replacement Aluminum ustical Sliding Glass Patio r( ) ®... ._ ................... _......... Exhibit C-Pmpeny Omer NoiseInm1ation Arwment Page 23 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 for the Program ImprovemerTts to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Fghlbif Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remlses, 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 conceming any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in .connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consuftants and/or contractors to be legally liable. 2. The Property Owner understands and assumes full responsibility for 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 perfbrrnance of the Program Impmvements. 4. If visible, the Pmperty 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 class4 the observed Deficiencies as either Winor" or"Severe". 5. The Property Owner assumes full responsibility for 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 during the construction period, the Property Owner agrees to complete Exhibit D- r NoW Imuladon Agmement Page 24 of 28 necessary repairs to the Property, to the acceptance of the 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 1 of this Exhibit Q apply to property damage, injudes, deaths, or damages adsing from the Deficiencies and/or all negative impacts that later result after the addition 6f the Program Improvements. The provisions of this Exhibff Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. B. The undersigned hereby agree that the tenms and provisions of this Exhibit Q shall be binding upon, and inure to the benefd of the undersigned and their respective i7eim, pemonai representatives, successors and assigns. TNE PROPEK7NER, ---——---------- 4s tur04 j S gnature S1 �'ure F! ntedL ame ....... .... Printed Name t a f L AJLXX A"'a signature 011) V� 4.........op eox Date Printed Name ------------------------ ............... T s P PERTY OWNER: re Ig tu Ig ture v49 8 naWre eyoer=� P V tqf' "lame 1 PrInted Name Signature C-- Pdnted Name ........... .................... ... ........... .... ............................... ............ .... e ................. WITNESSES: PROPERTY OWNER: Signature §gnature Orin'—te-d--Name ............ Printed Name Signature P!111n1.te. d Name .......... ...... ....................... Exhibit D-Property Ovmer Noise Insulation Agreement Page 25 of 28 VENTILATION Exhibit NoiseTo Property Owner l i 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be madethe Property described in the Agreement of even date herewith "Agreement") between Ownerand Property and to which this Exhibit E is attached, undersigned, t and o behalf of the undersigned and the helm, personal representatives, successors, assigns f the undersigned, yr releases, remises, discharges, indemnifies covenants not to sue, institute claims against, or institute any proceedingsagainst, the County, or any of its agents, officers, employees, sl for contractors concerning any and all claims, demands, ions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing hich may accrue to the undersigned or their respective heirs, personal representatives, successors assignsin connection with any and all Ventilation Deficiencies ( "Deficiencies") against said Countyr any of its officers, agents, employees, n for contractors to be legally liable. 2. . The Program Improvements include the addition of acoustical windows and doors, removal and ifilli f "through-wall" portable it conditioner units and the addition of a replacement ductless "mini-split" it conditioning system. Because these o ifi in ill result in a tighter interior environment due to the elimination II passive inside 1 outside it leakage that was naturallyoccurring in all openings, the Program ill also include the addition of a energy recoveryventilation ( ) unit which will provide an adequate exchange of inside 1 outside air to the condominium s required building . 3. Given the tightenedinterior environment of the treatedndo iniu , the Property r agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recoveryventilation ( ) unit to avoid the potential for mold and moistureproblems, especially during periods when . the condominium is closed and uninhabited. 4. Due to FAA eligibilitylimitations, the Program will not be providing bathroom exhaust fan treatments. Since bathroomtubs and/or showers are a source o moisture do in the interior environment of a condominium, the Propertyr agrees to assume full responsibility for ensuring that all bathrooms have n operable bathroom exhaust fan capable of properlyexhausting bathroom moistureto the exterior of the building. It should also be noted that the original KWBTS condominiums were constructed with a small wall vent that was designed to allowpassive st of �..._ .... __...... ............. .. Exhibit E-Prop"Owner Noise Insuladon Agreement Page 26 of2 bathroom a cure in a central building exhaust shaft. Duringthe Program design survey process it the KWBTS buildingsmetbuilding exhaustthis i ti condition, these original wall vents tillpresent) have the potenbal to providet for unwanted air, smoke and/or gases into the condominium Interior. The Property Owner agrees to assumefull responsibility for the seaUng of odgMal wall ventsIn all bathrooms and for any and ll negative Impacts that may result if left untreated. 5. It is clearlyn m t rm to duct laundry dryer exhaust to the KWBTS central t shaft. I the event a PropertyIncorrectly diact their laundry dryer vent to the KWBTScentral building exhaust shafts, they agree t correct ti ul exhausting their l r r exhaust in an alternative t that meets current building code, at their cost before the Initiation of the Programconstruction process. Furthermore, t r agrees to assume any and all liability t to the Improper ducfing of their laundry dryer exhaust. 6. The Propertyr understands that the Program Improvements ill not addresskitchen and bathroomventilation m f r excessive Interior humidity levels generated the Property Owner within the interior of the condiDulhium. The Property Owner understands andfull responsibility for maintenance of interior moisture and 1 . The Property Owner agrees to assumefull responsibility for any occurrence, reoccurrence r worsening of moisture prob�ems and/or Interior humidity teve�s in the Property. In addition, the Property Owner agrees to assumefull responsibility for the maintenanceoperation f the NUD venfing modifications after completion of the Program Improvements. . The undersigned acknowledgen that ll of the release, l harmless and indemnity provisionst forth In Paragraph f of this Exhibitl t injuries, t , or damages sustainedin connection withr as a result of amp and ll interior ventilation defrcuencles arisingafter the addition of the Program Improvements Including, but not limited to, high humidity, mold, ff , n for lack of proper exhaust ventilation. The provisions of this f H survive the termination or expiration of the Property Owner Noise Insulation Agreement. 8. The undersigned hereby agree that the torms andprovisions f this Exhibit _ shall be bindingand inure to the mt of the undersignedtheir respectiveit , personal representatives, n m . t INE SS - PROPERTY OWNER: i mere F, I naiure 3 Printed Name , &1 ? Signature Date Pdnted Name Exhibit E-Property Owner Noise Insulation Agreement Page 2 7 of2 ...................................................................._­................................................ .......... WITNESSES: PR RTY OWNER: s,xnatua 10,4 Signature ED PH 1lame Printed Name -9-1gnature .......... Date 7 Printed—Name ...................................................................................................................... ................ ..................................... ............ WITNESSES: PROPERTY-OWNER: Signature Signature .............. Printed Name Signature Date Printed Nam a —-----—----- ..................................................................--- - Exhibit E-Property Miner Noise lksulation Agreement Page 28 of 28