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09/18/2019 Agreement/Easement-C209 �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 rMReturn Heather NIP Assistant Project Manager Recorded 4t2l/2cao 11.14 AM Fage 1 of 4 THC, Inc. 710 DaculaIte 4A#315s Dacula, GA 30019Filed and Remoded in offiandof AVIGATION EASEMENT InternationalKey West i NoiseI i THIS is enteredinto this "'day o II ITI ", heWinftr referred "the Property Owner,w in favorof the MONROE COUNTYF COUNTY COMMISSIONERS, body politic and corporate, hereinafter referred to as " ." RECITALS: A. The Property Owner is the fee simple titleholder to certain real propertyProperty") located in Monroe County, Florida, more particularly described as follows: Condominium Unit No. - , 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, reoorded in Official Records Book 589, Page 370,as amended from time to time, of the Public Records of Monroe County, Florida. also identified as street address: "2601 S. RooseveltBlvd., Unit C209" B. The BOCC is the owner and operatorof Keya International Airport("the Airport")and desires to make properties that, through interior noise exposure testing, are determined incompatible sult of their exposure to aircraftnoise compatiblefor residential purposes the implementation of a NoiseInsulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owners Property necessaryto reduce interior noise levels at least 5 d13 and to bring the average interior noise level below in accordance withFederal Aviation Administration policy. Granting of an'Avigation Easement("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said I ill include funding from the United States Government pursuant to the Airport and AirwayImprovement Act of 1982, and will include funding from the BOCC, actingin its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property _.... _.... .®...®...�.. ... ............._....... Key West International Airport NIP—Avigation Easement(unit ) Page 1 of .Owner Noise Insulation i the BOCC. The BOCC'simplementation of the NIP Y411 benefit the Property Ownern the Property by providing i remedial sound attenuation construction on all eligible residential structures on the property necessary to achieve a reducion in DNL indoor noise levels of at least rin the average interior noise level below 45 dB in accordanceit l Aviation Administration policy. F, The Property Owner fully understands that the NIPeligibility could change at some future time, but is currently 1 Existing ition Noise Exposure acceptedby the Federal Aviation Administration ("t ") on December 1 . G. The NIP will be administeredin accordance withthe current er 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant - o the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE,forand in considerationof the improvements to be made to the Subject Property through the MIP,the receiptis is hereby acknowledgedboth parties, in con i do incorporation into this vi tin t the recitals t habove, Property Owner and the BOCC agree as Ilows: 1. The Property Owner on behalf hOwner and its heirs, assignsall successorsin interest, hereby grant, bargain, sell and convey to the its successors and assigns, perpetual avigation easement over the pr9perty. The use f the Easement shall include the h to generate and emitnoise to causeother effects as may be associatedit the operationi v r or in the vicinity of the property. This Easement shall apply to all such aircraft activitythe Airport, present or in whatever form or type, duringt, on, to or from the Airport, and it being the intent of the partiest all such i ivity shall be deemedto be included 'thin the purview of this Easement. 2. This s II be perpetual in nature II bind and run withthe title to the propertyand shall run to the benefit of the BOCC or its successorin Interest as owner and operator of the Airport. . The Property Owner on behalf of the Property Owner, its heirs, assignscc in interest, does herebyI the BOCC, and anyII related partiesthe BOCC, including but not limited iagents, servants, employees lessees, from any and all claims, demands, , liabilities, attorneys fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, r will in the future possess, It of Airporttin r aircraft activities noise levels reI to o or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise,.andother effects of the operationthe Airportr of aircraftlanding or taking off at the Airport. Key West International Airport NIP—Avi ation Easement(unit 2 ) Page 2 of 4. This Easement expressly excludes and reservesto the Property Owner and to the Pmperty Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or rt's fee, or causes of action for physical damage or personal injury any aircraft or part of any aircraft using the Easementthat does identifiab le physical damage to the property or injury on on the propertyi into direct physical contact Withthe property or the person the property. 5. Should either party hereto or any of their successors r assigns in interest retain counsel to enforcen the vision herein r protect its interest in any matter arising underthis Agreement,orto recoverdamages by reason of any alleged any vision of this Agreement, the prevailing II be entitledII costs, damages and expenses incurred including, but not limited t , attorney's fees and costs incurred in connection therewith, including appeII ion. vision of this Agreement is to be interpreted for or against any party because that party r that y's legal representative drafted such provision. This Agreement shall be interpreted andin the laws of the State of Florida. breach of anyprovision of this Agreement may be waivedl in writing. Waiver of any onec n vision of this Agreement shall not be deemed to be a Waiver of anyother breachf the same oranyother provision of this Agreement. This Agreement amendedmay be only by writteninstrument executed by the partiesin interest at the time of the modification. In the event that any one or more covenant, condition r provision contained herein is holdinvalid, i t Illegal by any court of competent jurisdiction, the same shall be deemed severablethe remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights n obligations of the parties. I such condition, covenant or other provision shall be deemedinvalid due to this scope or such covenant, condition or other provision shall be deemed validto the extent f the scope or breadth permittedI . 8. In the event the Airport shall be subdividedinto more than one parcel, or the Airport or portion thereof becomes subjecto operation, n r administration in additionor in lieu , then and in that event the partiesthat same shall not terminate or otherwise affect thislong as a portion of the Airport continues to operate for standard airportflight that anysuch successor in interest to the BOCC shall be entitledII of t fits running hereunder. . The PropertyOwner agrees that the Property Owner shall bear and be responsiblefor all costs of maintainingtin sound attenuationt ri I equipment installed in the Property by or on behalf of the . ...........-..®................. __ t International Airport P—Avi Bon Easement(unit ) Page of This Easement Agreement is executed as of the date first . _......_ .._............._______ . ............. .... OWNER:PROPERTY PROPERTY OWNER: Signature Signature Tinted Name '" Printed Name Oise Date D - STA E �` � � COON I� OF JI The oreg i g Instrument was acknoWedged before me this day of� C D �' „ t_j �a i by P � =Exq �� NIA � dI OOBOARD COMMISSIONERS: WITNESSES: MA v f� I, 1 _ � Signature I Prin Named nn Print NIA-ris _. Signature le � Printed Name_ STATE OF FLORIDA COUNTYF MONROE The foregoing instrument was acknowi or me this -_ 20 i y as Mayor of the on County Board of Countyomi ion , a body politic and corporate. I My Commission I _ Notary Public Signature - {� y � � Key West Intematlonal Airport NIP-A+rfg m���®"�®___ .c anon Easement(Unit#C2 i Page 4 of 4 1111-1 ASS ANT 0',' TO UI%I1Y ATRNEY m �, Address: - Ke),West bv the Sea Unit No.: C2 09 Name(s): Alrvanitis PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEsT INTERNATioNAL JORPoRT, MONROE COUNIT THIS NOISE INSULATION AGREEMENT (this "Agreement') is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County'), and the undersigned (the "Property Owner). WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Flodda, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport, and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on w. Exhibit Q attached hereto (themProgram Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property, and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor) to provide the installation of the Program Improvements, and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County(the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms,- covenants and conditions set forth herein, and other good and valuable consideration, the receipt and ........ . ----— .................. ProperV Owner is Insulation Agreement Page I of 28 sufficiency f which are hereby acknowledged, the Property Owner and the County hereby agree s follows: 1. Grant of Easement. Simultaneously withthe execution of this Agreement, the Property Owner executed anddelivered to the Countytin easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. Policy Statements. Consistent with t for Federal Aviation Administration Airport Improvement olicies and procedures, the Program Manager has developeda series of Program Policyis outlining construction and eligibilityrestrictions. The Property Owner understands that prescribed Improvements will be consistent with the Program Policy Statements vi to the Property Owner by the Manager. A copy of the Program Policy Statements is attached heretoExhibit A. 3. ent of ProgramImprovements. The County agreesto pay for the Program Improvements described in Exhibit Q attachedto. The Program Improvements will be approved by the Property Owner and County, managed by the Manager,Program and performed by the Contractor. . Impeding _ ti iv i y Process. The Property Owner shall not impede or interfere Withthe Contractorsability select between approved product manufacturers n subcontractors in the preparation of bid submittals. To insure competitive i nvi nt, the Property Owner is prohibitedfrom having discussion or communication withthe Contractor in relation to the Program, the contractor's i , or this Agreement until after award of the construction contract by the County. Failureof the Property Owner to complywith this provision shall, at the option of the Countyin its sole discretion, It in disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The t ill the contractr the Program Improvements consistent it ed I and County competitive bidding policies and procedures. The contract will require the Contractor to completethe Program Improvements iti time period fin y the Program Manager. Post-Construction Resi ilitis. The Property Owner shall meet II responsibilities and requirementspertaining to both pre-construction and post- construction: a. Prior to the start of NIPion, the Property Owner shall meet II Pre-Con6truction requirements to include: (1) Removing all valuables (such as jewelry, ins, guns, antiques, heirlooms, etc.)from their condominium; ( ) Moving of all furniture to ins into the 'Designated Storageithin the condominium, providingthe required "clear " (white Owner.,., Oise Insulation Agreement .... ............................. . .2 of28 space in t for the Contractor. When doing so, the Propertyr wIll have the ability ublize the complete "floor to celflng" space. Removing l i furniture belongings from the condominium that will not fit In t "Designated St r "a Removing ll window andtreatments (such as blinds, drapes, plantation shutters, t .) and storingthem In the Tedgnated Storage Area", Removingll electronic andt- mn Rive iterns fmm their condominiumr wrapping withprotective poly before storingmom in t "Designated Storage Space "; Removing ll wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storing them in the "Designated Storage Space Area"; Moving l small ll ftems and belongingsinto its r the closets or bathrooms as outlined in the "Designated Storage Space Sketch" a After completion of the I nm ti n , the Property Owner shall meet allm t- mn tr ion requirements to include: Moving l furniture mn belongings in the "Designated Storage Space Areas°'' back to their original positionsin the mini Moving f any excessiveits mn belongings into the condominium; 1 (3) Re-Installation of all wall treatments, door treatments and wall hangings back to their original its rm in the condominium. . In the event the Property Owner falls to performand ll of the above Pre-Constructlon responsibilities, the r shall be removedfrom NIP participation the Property Owner shall be liable to the Countyand/or Contractor for any ll resulting damagesand ll direct andindirect l t thereto. . In the event the Property Owner falls to perfDrTnany ll of the above Post-Construction responsibilities, the Propertyr shall be liableto the County r Contractor for any andl resulting damages andall direct andindirect costs related thereto. . ImpeOng Construction. n icon o,f the Program Improvements icons, the Property Owner shall not impede con tru ion or alter construction schedules. In addition, the Property Owner shWi prevent any andall tenants that may occupy the Property duringthe constructionof the Prograrn Iran rants from impedingrm t i r altering construction schedules. In the event the Property Owner or any tenant occupyingthe Propert truction or ....._ ...... ........... _. r is lt' t a alters the construction l ® the Property Owner shall be HaWe to the Contractor and the Countyfor any damages and all direct andMdirect costs related thereto. B. Safe Working nvi rat. The Property Owner shall be responsible for providing r iin environment for the r r, Contractor, subcontractors, ply County, State and federal inspectors. a. Throughout all phases of deMgn and construction of the Program Improvements, the Property Owner shall be responsiblefor 1) Providing a workingu t that i potential heafth risks, Wohazardconditions, hazardous chemicals, obstacles, poi n kip rexplosives; Refraining from rprofanity; 3) Refra!Hng from aggressivephysical contact; and insuring that all pets are completely in . . In the event the Property Owner falls to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended t any time. In such event the Program Manager shall notify the Property Owner in writing, stating the correctiveaction(s) and/or coy 'itulon(s) requked to be completedr performed by the Propertyr prior to the County resumingthe process.Program m In the event the r process is not resumed due to the Property r inure to completethe correctivei and/or condition(s) reqWred by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for all direct and Indirect costsrelated thereto. w If the Programresumed, the Property Oymer shall be liable to the Countyfor Contractor for any and all damages andall direct and indirect costsrelated to or caused by the temporary suspension of the Program process. 9. may experience Construction During t construction period, t Contractor r complications_ Wating to the t l ti n of the Improvements. The construction contract shall provide that delays relatedthey unforeseen colii t ors the controlthe Contractor and shall be excused so that the time for completion may reasonably be extended. Construction may also be revised if there is a delayIn awardingof the contractr if the u ftravements have to be re-bld In the event of lack of bidding contractorsand/or faffure of the t responsive, r to executethe contract, m r u t and performance bond or show proofrequired insurance. w _u t t Work. The Program Manager reserves the right to make changes to the l tulons and the Improvements, t its Pmpeny OwnerNoise Inndation Agmement Page sole discretion, at anytime ring the Program process, provided such changes do not reduce the scope r quality of the r nt In Exhibit C and such changes are necessitatedthe I f hidden conditionsit detectable Kirin I property inspection 11. Acce .ttt. .... sUpon completion of the , the Program Manager shall inspect or cause the inspection of the Program Improvement Improvements4D determineif they were completedto the terms the contract. The Programretains Ie discretion and authorityn program conformance r issues as they I t 't the Contractor, subcontractors, suppliers acoustic designs. The Property Owner is requestedto attendthe Substantial Completion Inspection w I input to the Construction Manager ith respect to the identified n -ll t items. In addition, the Property Owner is welcomet attend the Final Inspection. In the event the I to not attend the Substantial Completion and Final Inspections, they release I and surrender their ability t provide input to the n t i Manager Ith respect to the acceptance f the Program Improvements. In the event there is a disagreement between the Property Owner and the Prograrn Manager as to a confomiancer performance issue, the OwnerProperty shall be requiredto submit the discrepancyin writing "to MonroeCounty (representative the NIP constructionwithin 7 days of the inspection Iiw to the discrepancy. Monroe Countyshall then make a determination ato the Ili the conformance/performance issue remedial action that may need to be taken. n nshall be the final a it r of any conformance/perfbrmance/issues. Failurethe Property Owner to submit the written I I t withiri the time rlspecified shall th r foreclose the Property Owners right to file h complaint. 1 . In_Lion f reqrnerrI:, The Property Owner understands that the signingf this nt initiates th the I nCONSTRUCTION the Improvements to be performed In accordance with the Program. Therefore, the Property Owner attempts to terminate this Agreement or otherwise impedes the the n f the Program Improvements the ofthe construction contract, the Owner YAll be liable to the Countyfor any and II damages andall direct andindirect thereby. 13. Warranties. The n of represent or warrant the level of holse reduction that the Property Owner will experience within the It of the Program Improvements rf f the Program. . The Countyth t its contract withthe nt t r will include tan 1 r warranties from the Contractor fbr all materials and workmanship. Such one-year warranty periodshall commence as of the time t the aoceptancef the work as provided for in Paragraph 9. b. t the endf construction, the Manager III provide the Property Owner vAth WarrantyFinal Closeout Package whichwill contain copies of the policies, instructions, design documents andlegal documents. As condition of receiving the n Ire 1 Closeout Package, the Property Owner ........ ......... - oe . . ...............- Pwp"Owner Noise Inadation Agmement Page 5 of2 must first submit a completedI p Owner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Property Owner understands t the warranty policies for products used in the construction of the Program Improvements r among nufa u . In the event of claim, the Property Owner is solely responsible for pursuing all future product warrantyissues directly With each product manufacturer. c. In the event of a claim, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly t coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issu (s): (1) The Propertyis inquiry is not directly I to either construction warranties or product warranties (such as window cleaning r product maintenance) a less of whether the Property Owneesinquiry arises during the one- year warranty period from the Contractor or thereafter, ( ) The Property Owner believes that warranty service is required it to constnuction warranty issues, and the one-year warranty period from the general contractor has expired-, ( ) The Property Owner believes that service is requiredit respect to product warranty issues, the advertised warrantyperiod r the product not expired, the manufacturer is currently conducting itsbusiness; and ( ) The PropertyOwner believes that service is required -with respect to product warrantyissues, and the advertisedperiod for the product has expired. 1 Pre-Existing The Property Owner will be requiredt sin Exhibit D (Deficiency old HaIAgreement) which will impute ll responsibility liability to the Property Owner for any and all present Pre-Existin Deficiencies t the Property, whether seen or unseen. 1 . 'Pre-Work e i rty-Owner will be required to complete any and all Pre-Work, as requiredy the NIP to successfullyaccommodate the NIP tic modifications. The Property Owner"will be reguired to compiete all designated r items utilizing their own funds and,per the_required deadlines s li d by the NIP, In the event the Property Owner falls to completethe designated Pre-Work items by the established NIPdeadline, the Property Owner shall removedbe I participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct andindirect costs related thereto. 16. Cityf Key A "Hard-Wired" l qui nt. In compliance i the City of Key West FireMarshall and the City of Key WestBuilding Department construction permit issuance requirements, the Property Owner will be required install 1 0- It "hard-wired" lr s in their condominium in P�vperty Omer Noise Insulation Agreement Page 6 o2 accordanceit all applicable des and regulations by the required deadline as established the NIP. The Property Owner will be respqrtsi I t n re that the smoke alarms are not in Iled in same areas within�the condominium w-hereNO modification work will occur, to avoid anpotential impedance to the NIP construction orocess. In the event the Property Owner falls to install the designated "hard-wired" smoke alarms by the establishedI ali , the Property Owner shalt be removed from NIP participation. 17. juspenqilon of ProgramProcess. The Program process temporarily suspended at any time during the design and/or construction phases upon the discoveryo Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Propertyner has corrected II related problemsto the satisfaction of the Program Manager. In the event repairs are not completed in a timelymanner, the Property Owner will be liable to the Countyfor any andall damages and all direct and indirect costsue to delayand/or stoppages of the work. 7 . Limitation on Alterationsto th,._Properta'. The Property Owner agrees not to make alterations, or to permitany tenant occupying any portion of the Property to make alterations to the existingin o , doors and/or walls from the time o the Design process until the construction of the Improvements v completed. Exceptions to this rule must be pre-approved in writingthe Program Manager. Failure to adhere to this requirementt the option of the Program Manager in its solediscretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect is associated withunapproved alterations and damages related . 19. Pre and Post-Construction Noise Testing Process. - & post- construction noise testing is a very important Program process that is designed measure and determine the actual achieved noise level reduction level t treated properties. If selectedby the Program Manager for - & post-construction noise testing, the Property Owner agrees to provide accessto their property for testing n agrees to not to make alterations to the interior of their property (with the exception o repairs Deficiencies) from the time of the pre-construction noise test to the post- construction ion noise test. In an effort to insure consistent noise collection, the Property r also agrees to preserve the interior layout of furniture, for coverings windowand treatments _ the time of the pre-construction noise,test to the o - nstru, _ion noise test. The Property Owner understands that the failure to adhere this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct andindirect noise testing t in the eventthese requirements not met. 20. 'Cooperation. son lrequested, the Property Owner shall cooperate ith the Contractor, the Program Manager and Monroe County in the performance of it phases of the Improvements including, not limited t , the removal and reinstallation of rugs, wall hangings and furniture s necessary. Pmpeny r Noise Insulation AVeement Page 21. Utilities. The Property Owner shall permit the Contractor to use, at no t to the Contractor or the County, existing utilities such as light, heat, power and water necessary carry out the Program Improvements. . Q=e1aq_qnd Bids Access. At scheduled i s for upon not less than twenty-four ) hours advancenotice (via NIP !1 andlor letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, it , County, State and federal inspectors consultants c to the Property to collectdevelop ll final design and biddocuments. These visits could include, but not be limited survey, design survey, hazardous material inspection, pre-noisetin pre-bid visit. In the eventthe Property Owner falls provide c the Property for all required NIPsin and Bids 'sit , the Property Owner shall be removedfrom NIPparticipation. 3. Pre-Construction Access.. The Property Owner agrees to provide access to the Property forty-eight ( ) hours prior to the scheduledof NIP construction. This short visit will provide t r with the ability to ensure that the Property Owner has met all furniture on iilii . Failure could resultin the suspension of thescheduled I 'cons ion and the Property Owner shall be liable the Countyfor Contractor for any and all resulting damages andit direct and indirect is related t and Post Construction Access. At scheduledtimes for upon not less than twenty-four ( ) hours advancenotice (Wa NIP11 andlor letter) and r the established NIPconstruction schedule sinProperty r agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State andfederal inspectors consultants access to the Property to provide II required NIP - ostr ion and Post-Construction visits. These visits could include, t not be limited to final measurement, pre-construction inspections, review o Designated t requirements, post construction inspections and post- construction noise testing. In the event the Property Owner falls to providefor all requiredIP Pre and Poston t ion visits, the Property Owner shall be removed from NIP participationr shall be liable t for Contractor for any and all resulting damages and all direct and indirect trelated thereto. 25. Construction Period Access. Upon award of NIPconstruction contract, the Contractor will provide r with their final construction schedule, ih will include the requirednumber of calendar days to complete the NIP construction in each f the participatingcondominiums. on this schedule, the ManagerProgram will assign each Property Owner with a designatednumber o calendar in whichconstruction will occur in their condominium. The Property Owner agrees to relocatetheir condominium r the entiresin i period. In addition, the Property Owner agrees not to re-enter their property for any reason during their assigned construction period due to safetythe potential to negatively impact the Contractor. In the eventthe Property Owner fails to provide access for their assigned construction time period, the Owner shall be removedI . . _. .. . ....................................................... Owner o l t Page 8 of 28 participation r shall be liable to the Countyfor Contractor for any and all resulting damages and all direct andindirect s related . 26. Construction Period Extensionto Hurricanes. i t I rrrrrr.. construction pedod will extend into the Key Westhurdcane season, there is potential for construction delays and/ors n the control of the Contractor, in the event of a threat of an approaching hurricaneand/or I hurricane event. Due to this possibility, the Property Owner understands that delaysoccur in addition to their originally assigned construction i rio without any fault r cost to the Contractor Manager.and Program Furthermore, the Property Owner agrees to relocateit condominium for all additional calendar days resultingI t ion work stoppages due to a hurricane threat or event at no costto the County, Contractorand/or Manager.Program In the event the Property Owner falls to provide therequired additional access to their condominium due to hurricane-related work stoppages, the OwnerProperty shall be removedI rtici in and the Property Owner shall be liable to the County and/or Contractor for any andII resulting damages and all direct and indirect sts related thereto. 7. issy orb of - xistin� f�ci nci _sDuring Construction. In the event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negativelyimpact the installation of the I improvements, the Property Owner agrees to immediately repait and remediatesuch deficienciesin an effort to reducenegative impact on the scheduled n r ion period. The Property Owner understands that, depending on the timing t pre-existing ficirepair, the NIPconstruction peflad may need to be extended, at no fault of the Manager or Contractor. of Unfbreseen KWBTS Building Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may adse duringthe NIP construction may havethe potential to increase the original scheduled u tion of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to planfor the -c s " possibility that odginally-scheduled construction completion date may be delayedadditional days due to unforeseen buildingconditions that may arlse and complicatethe NIP construction. 29. i_tine Window 1 Door Treatments. Shades and Blinds. The OwnerProperty understands t, after the installation of new N1 stic window doom, the existingiand/or door treatments, li y not be compatible nor able, re-Installed to sizedifferences n- the new and existing windows n . 30. Existinn Crown MoldIM, During the installation of the new acoustic windows and doors, the I ill be providing " tan replacement Interior trim ills. The Property Owner understands that the NIPI ri ill not match cut /or specialized crown moldingfor custom window and door trim. After the completion of the NIPmodifications, the Property Owner will have the ill to makemodifications to the NIPinterior trim at their own expense. ._. ....... .. _... ........................ Noise Inniation Agniement Page 9 o 31. Communication gir W . The Property Owner agrees t read and review ll NIP smallsand/or letters in a timely fashion I h are being provided by the I to e'nsure scheduleconformance. In the event the Property Owner falls to meet this requirement, It could result in removal from NIPi tl . 32, Title l tl has obtainedr will obtain, at its solet and expense, anu h t f Title" to ensure that the title is free from II and/or title f t . ® Cooperation in ClearingI,,.,.a Prior to the commencement of construction f the Improvements, the w r shall cooperate with the County in order t 1) correct any title Ins the which are disclosed by the t f Title" in the l t i t1 f tile County may serve t invalidate the Easement, and (11) the writtent of any and all mortgage holders to the f the Easement to thd Countyif the County determines that It is necessary or desirable to do so (collectively, the ltl Matters"). If, pdor to the t of construction of the Program Improvements, the County, in its I discretion, determines that the Title Matters i the Property may invalidate the Easement, this Agreement shall be null and void, and the t ill be terminated. 34. Federal Assurance. As requiredthe Federal Aviation Administration, the Property Owner agrees to the following provisions: . The Property Owner shall subject the constructionthe project to such inspection and approval dudng the construction of the Program Improvements r completion of the Program Improvements as may reasonab requestedbe the Programr and/or Monroe County. t . After final completion of the Improvements, the Property Owner shall assume the responsibilitymaintenance tl n of the items installed, purchased r constructed under this r t. Neither the Federal Aviation Administration nor the responsibility for maintenanceoperation f these t m . 35. Reduction of Fresh Air Infiltration. The Property Owner will be required to sign _ l fft E (Writilation HoldIAgreement) which imputes Il responsibility to the n r for the r maintenance of interior rlmoisture and humidity levels. Salvage36. Wangle l t. If t rdesires to retain any of the t ri I or equipment removed from the Property as a result of the Program Improvements, tile Property Owner shall arrange for the l f said materials and equipmt directly with the Contractor at the Property Owner's sole risk expense.and Theno responsibility for the condition f the t rl 1, equipment or surrounding surfaces as a result of the owner-requested salvage, h OwnerProperty and the Contractor shall, prior to the t of construction, agree upon and execute a docurnent listing those t to be salvaged. In the absence NoiseAropeny Owner Inndation Agmement Page 10 of such a wdften agreement, all It shall become the property of the Contractor. Materials and equipment not listed for salvage bythe Property Owner shall become the property of the Contractor. 37. Property Insurance. During Program construction period, the Contractor will provide builders risk insurance for the Property. The Property Owner shall have the option, at the Property Owners sole cost and expense, to maintain a homeowner's insurance policy for the duration of 'the construction of the Program Improvements. The Property Owner understands that, fbilowing final completion, the Contractor's builder's risic insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractors original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant quantities of dust and debris rendedng portions of the Property uninhabitable for extended periods of time. 39. Labor and Material Release, The Property Owner releases and f6rever discharges any and all claims, It and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractor's and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limft the warranties for materials and workmanship contained in the contract with the general contractor. 40. *Sale of P:rnnpft. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement rfor to the closing on th6 sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property, 41. Waiver. No waiver of, acquiescence in, or consent to any breach of ter any m, covenant W66iiilltlon hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 41 Belease of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recordIwo g of the Release of Easement docurnent in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to mclear" the title to the Property. Ptoperty Owner Noise InsWadon Agreement Page 11 of28 43. Authority to Execute„n Behalf Of County. By Resolutiono. 111- 1004, duly motionedn pass t a l lly announced public meeting, theboa of Countyisin a County, did, on the 1 r day of March 2004, grant full authorityfor the County Administrator to executethis Agreement on behalf the County without further action by the Board of CountyCommissioners. . Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit : Program PolicyStatements. b. Exhibit : Legal Description of Property c. Exhibit Improvements. d. Exhibit Deficiency of Harmless e. Exhibit : Ventilation Hold Harmless Agreement 45. General Conditions. a. Goveminq Law, Venue, Interpretation, o s, and_Fees. (1) This Agreement shall be governedn tr in accordanoe withthe Laws of the Stateof Florida applicableto contractsn to be performed ti l in the State. ( ) In the event that any cause of action or administrative proceedingis instituted for the enforcement or interpretation f this Agreement, the County and Property Owner agree that venue ill lie In the appropriate court or before the appropriate its tiv body in MonroeCounty, Florida. ( ) The County and Property Owner agree that, in the event Of conflicting interpretations the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative r legal proceeding. O The Countyand Property Owner agree that in the event any cause of action or administrative proceedingis initiated r defended by any party relative o he enforcement r interpretation this Agreement, the prevailing II entitledbe to reasonableattorneys' fees, court costs, investigative, and out-of-pocket expenses, it the non-prevailing party. Mediation proceedings initiated pursuant to this Agreement shall be in accordanceit the Florida Rulesf Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. . _Binding Effect. The terms, covenants, conditions, eind provisions of this Agreement shall bind and inure to the benefit of the Countyr and their respective legal representatives, successors, andassigns. ._ ..__---... ............. __.` Property Owner Noise Insulation Apeement Page 12 of 28 C. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereofci r ) II cl invalid or unenforceable t n extent court t jurisdiction, the remaining terms, covenants, conditions and provisions of this t shall not be affected theremaining term, covenant, condition and provision of this Agreement shall be valid II be enforceablethe fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this wouldAgreement v t the accomplishmentthe original intent of this Agreement. d. Authodtv. Eachparty represents and warrantsto the other that the execution, delivery andperformance of this Agreement havemy authorized by all necessary t r action, as may be requiredy law. a. Duration of AqTemqnt. This Agreement shall commence upon the execution of this Agreement, subsequent cution by the Property Owner and by the Countyshall remain in effectr a periodreasonably required to effect the Program Improvements (t "), t sooner terminated in accordance i t visions o this a t. . Acceptance of GL g t ,, ist nce u r h County r c shall b , and i , empowered to accept for t fit of any or all of them, gifts, grants, assistance funds, or bequests to be used flor the purposes of this Agreement. g. Claims r Federal or State Aid. The Countyr agree that each shall be, and i , empowered to applyr, seek, and obtainl and statefuns to further the purpose of this t; provided that all applications, requests, grant proposals, and funding solici ti er shall be approvedhCounty prior to submission. . Adjudication o _ i outs gr Disagreements. The County OwnerProperty agree that all disputes and disagreementsshall be attempted to be resolved y meet and confer sessions between representatives of each of the parties. If the issue or issues still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be providedthis Agreement r by Florida law. i. Nondiscrimination. The County and Property Owner agree that them will be no discrimination againstn it is expressly understood that upon a .determination by a court of competent jurisdiction that discrimination occurred, this Agreement automaticallyterminates wit further action on the part of any party, effectivethe date of the court order. The Countyr agree to complyi Il Federal and Floridan II local ordinances, applicable, I tin to nondiscrimination. These include but are not limited t : (1) Title I of the Civil Rights Act of 1 ( . . -3 ) which prohibits discrimination on the basisfor or national origin; ( ) Section 504 of theeh ili io of 1973, amendedas ( U.S.C. s. ), which prohibits discrimination on the basishandicap; ( ) The Age Discrimination1975, as amended ( 1 1- 1 ), which _ ...... Pmpeny Owner Noise Insuladon Agreement Page 13 of 28 prohibits i imp tion on the basis of age, Drug Abu mce And Treatment Act f 1. 92-255), as amended, relatingto nondiscdminationthe basis of Comprehensivedrug abuse; (5) The buy And holy m Prevention, Treatment and Rehabilitationf .L. 91-616), as amended, relating nonftcrtm�natlon on the basisl tm l li mom; Public Health Serviceof 1912, ss. 523 andg relating to confidentialityalcohol and drugpatient e The Americans With Disabilities t ofU.S.C. m time t time, relating to nondiscd rn Mationon the basis of disability; Civil Rights Act of 1992, (Chapter 760, Roddatut ti , Florida Statutes), may be amended time to time, l tiro nondiscrimination; Monme County man Rights Orftance (Chapter 1314, Article Vill Secllons 13-101thmugh may mug from time time, relating to nondiscrimination; otherany nondiscrimination provisionsin any federal or state statutesr local ordinances which may l to the partiesr the subject matter of, this Agreement. . Cooperation. In the event any administrativer,legal instituted i t elther party relaUngthe forrnabon, execution, performance, or breach f this Agreement, the Countyr agree to participate, to the extent required by the other party, in all proceedings, headngs, processes, meetings, and other activities relatedto the substance of this Agreement or provision of the underservices this Agreement.t. The County and Property Owner specifically agree that no party to this Agreement shWl be requiredto eater into r it flproceedings related to this r m t or t or Addendum to this Agreement, . Books Records, n mats. The CountyOwner shall maintain books, reco s, and documents directly pertinent to performance under this Agreement in accordance with generally acceptedaccounting rin consistently apphied. Each party to this Agreement or their authorized representatives shMI have reasonablen timely to such records of each other Agreement for audit purposes diudngthe termf the Agreement and for four years following the terminationf this Agreement. I. Covenant f Interest. The Dora r covenant that neither _ nth interest, and shall not acquire anyinterest, hick would conffictin any manner or degree withits performance under this Adreement, and that only interest of each is to performand i fitrecited in this Agreement. m. Code t Ethics. The Countyr that the officers and employeesf the Countynip fll be required to complywith the standardsf conduct relating to publicm employees lire t in Section 112.313, Floridat tut w regarding, but not limited to, solicitabonr acceptance of fts; doing business its agency; unauthorized compensation; misuse of public position, corTfficting employment or contractual relationship; disclosure r use f certain Information. ............_ _..._m _e ... ......... Propeny Owner Noise limlation Agreement14 of 28 Sollcltatlon/Payment. The Countyr warrant that, in respect to itself, it has neither e l nor retained any company or person, other than a bona fie employee workingsolely for i , to solicit or secure thisAgreement and that it has not paid or agreed to pay any person, company, corporation, individual, r firm, other than a bona fide l i solely r it, any fee, commission, gift, or other consideration contingent r resulting from the award or making of this Agreement. For the breach or violation 'this vision, the Property Owner t CountyII v the right toterminate this Agreement without liability its discretion, to offset from monies , or otherwise v r, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Access. The CountyOwner shall allow permit reasonable access t , and inspection of, all documents, , letters, or other materials bj to the provisions of Chapter 119, FloridaStatutes, and made or received by theCounty p r in conjunction with this t® and the County II have the right to unilaterally cancel this Agreement upon violation this provision by the Property Owner. Public Records Compliance. Property Owner must comply with Floridapublic records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of articleI of the Constitution of Florida. The County OwnerProperty shall Il it reasonable access to, and inspection o , all documents, records, papers, letters or other "public materials in its possession r under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Countyr in conjunction with this contract and related to contract performance. The Countyshall have the right to unilaterally canc I this contract upon violation of this provision by the Property Owner. Failure of the OwnerProperty to abide by the terms of this provision shall be deemed a material breach this the Countyn the terms of this provision in the form of a court proceedingII, as a prevailingentitled to reimbursement of all attorney's fees and costs associated withthat proceeding. This provision shall survive anytermination or expiration of the contract. The Property Owner is encouragedconsult with its advisors about Floridali Law in order to complyi this provision. Pursuant to F.S. 119.0701 and the terms and conditionsthis contract, r is required : (1) Keep andmaintain public records that wouldbe requiredthe County to performthe service. ( ) Upon receipt from the County' custodian of records,.provide County i r allow the records to be inspected or copiediin a reasonable time t that does not exceed the cost providedin this chapter or as otherwise vi 1 . (3) Ensure that public records that are exempt or confidential and exempt from public it i is are not disclosed excepts _.... _ OwnerProperty ise Insulation Agreement15 of 28 authorized by law for the duration of the contract term and fbilovAng completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the PrDpefty Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall most all applicable requirements for 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 necords relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Property Owner has questions regarding the application of Chapter 119, Florida Statutes, to the Property Owners duty to provide public records relating to this contract, contact the Custodian of Public Records, Bdan Bradley at (305) 292-3470. p. Non-Waiver of Immurift. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or, local government liability insurance pool cover-age 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. 2�nLyllqggg and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordiriances, and rules; and pensions and relief, disability, woricers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement Within the territorial limits of the County shall apply to the same degree and extent to the pedbrmance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r. Lfflal fi tions, and Responsibilities: Non-Delegation of Constitutional or Sigigtory Duties, This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility I mposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, .nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, --- -1- .... ............ . ............ .................................. Property Owner Noise Imulation.Agmement Page 16 of28 -state statutes, case law, and, specificWly, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance out Ftl a tint l be entitled to rely iupon the terms, or any of them, t Agreement to enfbroet t enforce third-party l m or entitlement to or benefit of any servicer prDgram contemplated hereunder, and the County and Property Owner agreethat neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, l otherwise i to that anyparticular individual our group of individuals, ntity or entities, have entitlements r benefits under this Agreement separatert, inferior to, or superior to the nit in general or fbr the purposes contemplated in this Agreement. t. Aftestabons, The Property Owner agrees to executesuch dociuments as the County may r in the perfbrmance of the obligations and a ti of the Countyr Property Owner under this m unt. . No Personal Liability. No covenant or agreement contained herein shall be deemedt met agreement of any member,, officer, t r Countyemployee of Monroe in his or her individual city and no member, officer, agent or employee of Monroe Countyl be liable inn ll n this Agreementr be subjectto anypersonal liability r accountability by reason of the executionthis Agreement. e mnt. . Execution inCoun'terp uutq. This Agreement may t i any number of counterparts, each of which shall be regarded as an original, all of which taken t ther shall constitutethe nst m unt and anyof the mti heret cute this m nt nlng anycounterpart. w. to a Sectionheadings ulna i this Agreement as a matter of _convenienceof reference.only, and it is agreed that such section headings are not a part of this Agreement and will not be used Minn the �nterpretatlon of any provision of this Agreement. ... -. ........... __ ..... _..._ OwnerPmpeny ' e InnIation AVmment Page 17 of 28 IN WI'TNESS WHEREOF, the Property Owner and the Coun v ty hae executed this Agreement as of the day and year first above written. ................... WITNESSES: PROPERTY OWNER: \j a 1A Ile &-g—nature nted r, me *Pdtod jNamal-X�l ra Date gnature I; L jet " 019 Print ed Name ..........—---—- ----- ............. ............. ................ .................... VVI "NESSES: PROPERTY OWNER: 41 t� skiature t .......... . . ........--- Signab r, Wft i4 iii'med Name Signatu ra%I�, Date Printed Wari�-- e %J .......... .................... -MONROE COU BOARD OF COUNTY COMMISSIONERS: MAYOR I CHAIRMAN: IAt est: KEVINW � , CLERK SLYVIA MURPHY By: It &� ' Deputy Clerk Signature ............. Date md, 9 UT APP�IOVE64s,jo',PORM Owner Noise Insulation Agreement Pro Pw 18 of 28 �ZURNEY V- noto PROGRAM POLICY STATEMENTS Exhibit A TO Property Owner Noise Insulation Agreement A. Air Conditioning: General _Restrictions. Whileproviding ductless lit" AC system to your condominiumi tiProgram modifications, the followinglimitations and restrl ti "ll apply to 611condominiums: All condensingi ill be installed l 2. All refrigerant lines l the balconyi its will be installed consistent i iicy rules, maintainingi l t of 48 inches. 3. All condensate lines ill be installed on the buit i r consistent with Board policy l to ensure the highestlevel of consistencybuilding architectural aesthetics. 4. All interior AC linesr t, condensate, electrical) Ventilator will be housed in new vertical wall and comer pilasters which ill be constructed to matchl f existing walls. locations f the new vertical wall and comer pilasters will differ dependingr unique condominium l ° The NIP executivel ill reviewi information it t your NIP Designl 1 . 5. Only electdcal service panelsthat determined deficientili be replacedthe Program as a part of the NoiseInsulation Prog modifications. B. Window Sill Replacement. Due to the presence of asbestos, the NIPwill provide customnew ill instead of the existing to this revised 1 , existing custom sillst , ill not be replaced. This revisionwill be an improvement, i constriction improving time efficiencies. C. Custom Crown Molding and Baseboards Restrictions The new asbestos abatement requirements ill restrict the abilityexisting customthm and baseboard prior to constructionoriginally l °ll not allow sufficient time for the awarded general contractor to secure custommatched replacement ' ° Therefore, existing crown moldings, wall trim, , the contractor will, instead, cut the existingf the now pilasterr thru wall i fil ® At new pilasterlocations , If thru wall ac infill abuts the existing the contractor will install a standard (314" x 5-IM paintedtdm to abut the existingtrim, rather than attempting to matcht t trim profiles and materials. Aftert i the NIPconstruction, the property owner will i i a o' ltion Agmement Awe 19 have the optionto replace the installedtrim withtti r custom trim to matchthe existing materials and pfl . ThresholdD. Door to strIngent Florida hurricane impact and water Infiltration buildingall new rlme entry swinging sliding lass patio doors will have thresholds that are considerablyhigher (from the floor) than l tin r thresholds. These higher door thresholds are desi t providetl protection the interior of a condominium water infiltration E. KWBTS Asbestos a hurricane. requiredAs t t federal requirements, THC conducted asbestostesting ll participating l in Buildingsthe November 2017 to ApHl 2018 firneperiod. This testingincluded collecting to 9 samplest each condominium to include lr , window glazing, exterior Wndow and r caulking. In addition, random exterior samples collected on t t m' "courtyardbalcorryff buildingelevations. Dependingthe laboratory analysisf these samples, the presence of asbestos containing materials the t tl I to impact several areas of the NIP construction to include: windowremoval and acoustic window installation, r removal and acoustic door installation, removal of portabler - Ili AC unitsthe infillingf openings, ceiling cutsi r installation of the ductless , wall cuts requiredfor the installation f the ductless , construction f vertical wall pilasters requiredfor installation of the ductless systemAC , construction f closet soffit for installation of the . F. Asbestos Abatement RegR[rements In the event any samplesf asbestos containingt l , the awarded NIP contractorill be requiredto perform the following abat t requirements ring construction: f samples show a presence of The NIP contractor will be r it to-complyIt r safety requirements t include r r respirators, l l in all areas whererdisturbed and the use of HEPA vacuum cleanersin the where i° t sanded. .._ Exhibit A-Property Ovmer Noisel t' a et Page 2 If samples @_I?resence of ACM ,1% The NIPcontractor will be requiredto perform full asbestos abatement procedures directedy the Environmental Protection )to include: Construction of ACM containmentin all areas (walls, ceilings, closets, i r ), approximately 4 feet from all walls and areas impacted the NIPmodifications. Abatement and bagi (resulting litiprocess) by certified t staff. ir sampling of containment areas andclearance II areas by certified asbestosto t staff to allowto containment areas by traditional (non-abatement)workers. - THC will be requiredprovide iv v i t of all ACM abatement processes in all condominiums throughout I construction process to properensure compliance withI and stateabatement guidelines. The presence of ACM will have a significant impact on the NIPconstruction process, lengthening the construction period and increasing the sequencing and coordination ui contractor crows. Given a cost to provide requiredabatement , the ill require THC to develop a design and construction plan that minimizes the disturbance of ACM to ensurethe minimizationof constructioncosts, duration, and liability to the contractor and KWBTS property . This plan ill result in new property owner requirements and design restrictions which are outlined below. H. KWBTS _BOARD AuLhoritti I I . The KWBTS Board will have Authority to make several of ther idecisions to include: 1. Acoustical Window and Door Material 2. Acoustical i or Color and Hardware Finishes 3. Acoustical Window andDoor Operational Styles . Interior Ductless "Mini-Split" AC System Installation Requi t 5. Interior Ductless "Mini-Split"AC SystemInterior Soffit Design and Placement . In-Filled i Prime Door Policy ibis A-Propeny Oymer Nobe Inalationenf Page 21 of 28 LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Condominium Unit No. 209-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together vAth an undivided interest In the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, of the Public Records of Monroe County, Florida. ............ Exhibit B-Propeny Owner Noise Inndation Agreement Page 22 of 28 PROGRAMIMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This Exhibh C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) ------------------------- Exhibit C- r Noise Insulation Agreement Page 23 of 28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit NoiseTo Property Owner t 1. In partial consideration of the compensation to be paidbehalf of the County the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (t "Agreement') between the County Ownerand Property and W which this Exhibit D is attached, the undersigned, t and behalf of the undersigned the heirs, personal representatives, successors, and assigns iforever releases, remises, discharges, , indemnffles covenants not to sue, institute claims against, or institute any proceedings against, County, or any of its agents, afficem, employees, consultants and/or contractors concerningany and all claims, demands, damages, actions or causes of action of whatsoever kind and natureon account of bodilyinjuries 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 Defcie cies ( "Deficiencies") i i County or any of its offilcers, , employees, nsu or contractors legally liable. 2. The r understands and assumesfull responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. . The Property Owner understands that the Deficiencies include deficiencies in the Property at the time of execution of this Agreement whichcould include, NA not be limited violations, l damage, water l moisture damage, hazardous materials, infestation andfor any issue that would negatively impact the installation and performance of the Program Improvements. . If Visible, the Property Owner understands that the Program Manager may identify n ocu Deficiencies at any time throughout (including eign, bid and construction processes). If identified ocu n , the ManagerProgram will classify efici nci either" lr" or"Severe". 5. The Property Owner assumes full responsibility for the worseningany documented it Deficiencies. 6. In the rare event "Severew Deficienciesidentified durindesign process, the Property Owner agrees to complete necessary repairsto the Property, t 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 uri the ion period, the Propertyr agrees to complete _ _e........ Exhibit D-Property Owner Noise Inmiation Agreement Page 24 o necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. ® 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 of the Program Improvements. The provisions of this Exhibit D shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. 8. , The undersigned hereby agree that the terms and provisions of this Exhibit Q shall be binding upon, ancr inure to the benelift of the undersigned and their re;p_e_ct1ve heI rs, personal representatives, successors and assigns. PROPERTY OWNER: ­7 01 Signature Pint Name Printed Name exm %JO / golf Date . -------- ..................... wit PROPERTY OWNER: -,7 Igniure F-, Signature 07iinted Naga Printed Name aRpj",f P� dame Date ................. .................. ........... WITNESSES: PROPERTY OWNER: Signmature sii;lnaturi Pdrited Name knted Name— Signature VdWid—Name —'— Date ................. ......... .... ....... ............... ...... ............. ........ Exhibit D-Property Owner Noise Inm1ation Agreement Page 25 of 28 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E 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 Improvements 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 Exhlbft E is attached, the undersigned, for and on behalf of the undersigned and the 'heirs, personal representati ® ,ves successors and assigns of the undersigned, forever releases, remises, discharges, indernnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successor's and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Program Improvements may include the addition of acoustical windows and doors, removal and infilling of "through-wall" portable air conditioner units and the addition of a replacement ductless "mini-split" it conditioning system. Because these modifications will result in a tighter interior environment due to the elimination of all passive inside / outside air leakage that was naturally occurring in all openings, the Program vAll also include the addition of a energy recovery ventilation (ERV) unit which YVIII provide an adequate exchange of inside / outside air to the condominium as required by building code. 3. Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 4. Due to FAA eligibility limftations, the Program arill not be providing bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of moisture generation in the interior environment of a condominium, the Property Owner agrees to -assume full responsibility for ensuflng that all bathrooms have an operable bathroom exhaust fan capable of propefly exhausting bathroom moisture to the exterior of the building. It should also be noted that the original KWBTS condominiums were constructed with a small it vent that was designed to allow the passive exhaust of .........................- Exhibit E-Aropeny Owwr Noise InnIation Agmement Page 26 of 28 bathroom i in of l building exhaustm survey process it was d�scoveredthe ufl i central building exhaustW Due to thl° exidng condition, these original wall vents (If stillpresent) have the of t l to providef for unwanted air, smoke and/or gases Into the condominium Interior. The Propertyr agrees to mom full responsibility for the seaflng of od&al wallrat In all bathrooms and for any and all negative impacts that may smelt If left untreated. 5. It is rrl building m t' n to duct laundrytot the KWBTS central exhaust shaft. In the event a Property Owner has Incorrectly ducted their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to correct the c� racy by property exhaustingtheir laundry dryer exhaust in an altemative methodthat meets current building code, at their cost befbre the initiation of the Program construction process. Furthermore, the Property Owner agrees to assume any and all liability related to the improper ducting of ter laundry dryer exhaust, 6. The Property Owner understands that the Program Improvementsill not address kitchen andt nt'l ti and/or excessive Interior humidity generated the PropertyOwner within the inters r of the condominium. The Property Owner understands andfull responsibility for maintenance f interior moisture and humidity1 . The Property Owner agrees to full responsibility fbr any occurrence, n r worsening of moisture probaemsn / r intedor humidity levels- in the Property. In addition, the Propertyr agrees to assumefull responsibility for the maintenancen ti n of th,e NIP ventingifs b r completion f the Program Improvements. 7. The undersignedacknowledge that all of the release, hold harmless n ni provisions set f mf In Paragraph I of this Exhibit injuries, deaths, or damages sustainedIn connection with or as a result of any andall interior ventilation deficiencies arisingr the additionf the Program Improvements Including, but not limited to, high humidity, Mold, momfl , n for lack of proper exhaust ventilation. The provisionsf this Exhibit E shall survive the termination r expiration of the Property,Owner Noise Insulation Agreement. ExhibitB. The undersigned hereby agree that the terms and provisions of this H be binding upon and Mum to the benefit of the undersignedn their respective heirs, personal rapresentaUves, successors andassigns. . WI NPROPERTY OWNER: Signa;a PrInted Name A10104..... ._- Pdn Name A-41 71.1711-1 0 bigh R slam® Exhibit E- eriy OKmer Noise Insulation Agreement Page 2 7 of2 VVIT SSP�S: PROPERTY OWNER: zi Slgnatu .' r Signature' Printed .... — .. �yPrinted a S.gdature I 4,A,6 V re � be. WITNESSES:Printed Na a PROPERTY OWNER: Signature Signature Pan rn . ... Printed Signature Printed Nam T QRNEY I r I ROE 0 IN14: � a ;F Exhibit E-Propeny Omer Noiseinsulation nPage 28 of 28