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09/18/2019 Agreement/Easement-C216 �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 : Heather P. Faubert NIP Assistant Project Manager Recorded 4t2l,2022011.14AM PWlof4 T , Inc. 710 Dacula Rd., Suits 4A#315 Deed Doc StszV$0.00 cu la, GA 30019 Filed and Recorded in Official Records o AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is tr into thls26gday of 0=22Agas , "JOHN J. V ' ", hereinafter referred tas'lhe Property r," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, politic corporate, hereinafter referred PropertyA. The r is the fee simpletitleholder to certainreal property ("the Property") located in Monroe County, Florida, r i i riy described as follows: Condominium nitcondominium, together it n undivided interest in the common elements, accordingto the Declaration of Condominium tr f, recorded in Official Records Book 589, Page 370, as amended from time t time, f the Publicc f Monroe County, Florida. also identified tr t 6 "2601 S. Roosevelt Unit C216" B. The BOCC is nr and operatorof Key WestInternational Airport(' Airport") desires to make propertiesthat, through interior i ti , are determined incompatible as a result of their exposure to aircrafti ti l r residential purposes through the implementation i Insulation ("NIP"). C. Undert it ill design and install or pay for the installation improvements ifi tl to the Property Owner'sto reduce interior noise levelstleast 5 dB and to bringthe average interior I l below in accordanceit r l Aviation Administrationpolicy. Granting of an Avigation Easement ("Easement") is a BOCC conditionf participation in the NIP. The Easement ill supersede any implied r prescdptive easements that the BOCC may have obtained under applicable laws. D. The funding'source for said NIPill include funding from the UnitedGovernment pursuant to the Airporti Improvement Act of , and will include funding from the BOCC, actingin its capacity the owner and operator of the Airport. E. The Propertyr desires to participatein the l r into a Property Kay Walt Intem do al Airport ICI —Avigagon Easement(unit#C21 Page I of 4 Owner Noise Insulation t with the BOCC. The BOCC's implementation of the NIP will benefit the Propertyr and the Property by providingI i t sound attenuation contry ti ll eligible residential tr t the property necessary to achievereduction in DNL indoor noise levels of atleast 5 dB andrig the average interior noise level I in accordance with1 Aviation Administration pollcy OwnerF. The Property fully t that the NIPli i ilit I t some future time, t is tly based on the 2013 Existing Condition acceptedthe Federal Aviation Administration ("the FAN') on December 19, 2013. G. The NIPill be administeredin accordancethe current FAA Order 5100.38, Airport Handbook.Improvement Program It is the purposef this Easement Agreement to grantto the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE,f in consideration oft improvements to be made to the Property through tNIP, t receipt f whichI Subject t parties, and in I r tlon and incorporation into this vl ti t of the recitals setf v , the Property Owner and the BOCC agree as follows: = r on behalf of the Propertyr and its heirs, i ll successors in interest, does hereby grant, bargain, sell and conveyto the BOCC, it successors and assigns, t i avigation easement over the property, The use of the Easement shall include the right to generateit noise and to cause other effects as may be associated i t ti f aircraft over or in the vicinity of the property. I t shall I t all n it activityt t Airport, t r future, in whatever form or type, during operationtoon, to or from the Airport, and it being the intent f the partiesthat all such Airportactivity ll be deemed to be included withinthe i f this Easement, 2. This Easement shall be perpetual in ture and shall bind and run withthe title the property and II run to the benefit of the r its successor in interest r and operator f the Airport. ® The Property Owner on behalf of the Property Owner, its heirs, assigns in interest, release the BOCC, and any and all related parti f the , including t limited a officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's attorney' fees or causes of action of every kindr nature for which the Property Owner r its heirs, assigns, or successors currentlyhave, have in the past possessed, or ill in the future It of Airport operationsr aircraft activitiesn noise levels related to or generated by Airportactivity, or may hereafter have as a result of use f this nt, including but not limited to damage to the above-mentioned property r contiguous propertyto noise, t f the operationf the Airport it r landing r taking t the Airport. _...... .......... Key West International Airport NIP—Avigation Easement(Unit 216) Page 2 of 4 4. This r ly excludes and reserves to the Propertyr and to the Propertyr' it , assigns and successorsin interest, l i r , debts, liabilities, costs, g f , or causes of action for physical damage or personal injury caused by any aircraftr part of any aircraftusing the Easementthat does identifiable physi t damage to the property or injury on the i into I t physical # t with the propertyr the person on the Should5. it r party heretotheir successors or assigns in interest retain l to enforceof the riions herein or protect its interest in any mafter arising under this t, or to recover damages by reason of any allegedf any provision of this r nt, the prevailingshall be entitledto all costs, damages and expenses incurred including, t limited to, r fees and costs incurred in connection therewith, including appell ti provision oftls Agreement i to be interpreted for or against any party because that party r that legal representative ft provision. i Agreement shall be interpreted and const l to the laws of the Statef Florida. 7, No breach f any provisionf this reement may be waived unlessin writing. Waiver of any one breach of any provision of this r t shallnt be deemed to i breachof any other of the r any otherprovision of this r t. This Agreement may be amended only by writteninstrument t the partiesin interest at the time f the modification. the event that any one or moret, condition provision i ri is l invalid, void r illegal by any court of competent jurisdiction, # ll be deemed severablethe remainder of t i r t and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining pr i l t materially alter the rights li tin f the parties. If such condition, covenant or other provision shall be deemed invalid due to this r breadth, such covenant, condition or other provision shall be deemed validto the extent breadthof the scope or it . In the event the itshall be subdividedinto than one parcel, or the Airport portion thereof becomes subject to operation, management or administration in additionin lieu f the BOCC, t nd in that eventt ies agree that same shall not terminate r otherwise affectti long as a portionAirport continues operate for standard airportflight purposes, and that any such successor in interest to the BOCC shall be entitledto all of the benefitsrunning to the BOCC hereunder, m The Propertyr agrees that the r shall bear and be responsible for all costs of maintaining and operatingattenuation materials equipment installed in the Propertyr on behalf of the BOCC. �n -11 �m, ........ ._ intern ion l r NIP—Aviga"t'lon Easement(Una 21 ) Page This Easement Agreementis executed as of the datei o written. PROPERTYN .. : PROPERTY OWNER- 'I to PlgnaturfteQ�.*, Printed Name R r ✓ n Date ,,, , Da p A LA S STATE � i g;^ y jAi1 N Public u^.__ alth of Vi Inla stratlrt 7613 l Ian airs Jun ,ZOZ2 The foregoing instrument was acknowledgedbefore this day of b , 2 by �01+ x ` I r � r G Properly Owner Name(s) I My Commlesion Expi N ry Public Slg MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAY a , V ' Signature Ign a,- Printed Name Signature gPrinted Name STATE OF FLORIDA1i;'t`k g n COUNTYF E �F�,m s° The foregoing instrument was acknowledged before me this' day of , 20 I by i as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. j „w ..._. y Commission Expires: ry Public Signa "-_ ...... 9 OE COUNTY-ORR TT,70!N y West Intematlonal Airport NIP—Avigation Easement(Unit NC216) �A o i` � Ki � � page 4 of 4 the Sea Address: Key,,,...West _y Unit o.: 1 . _ .... .. INSULATIONPROPERTY OWNER NOISE KEY T INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGRE ENT (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"). I T N E S 8 E T H: 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 Florida, 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 Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the gr-anting 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 1 electrical engineer, acoustician and construction manager selected by the County (the "Program Manager'); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein® NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and ................m_. .... .. __m_ _.................. _....... Property 1-1111, ner Noise Insulation Agreement Page 1 o 2 sufficiency of which are herebyacknowledged, the Property Owner and the County agreehereby II . 1, Grant of . Simultaneously withexecution f this Agreemeuuuu„�,�uu - r t, the Property Owner executed and deliveredto the County an avigation easement t "Easement") i t has been recorded in the publicrecords f Monroe County, Florida. The Easementremains in fullr i herebyratified in all respects. ,r nor PolicyStatements. Consistent it t r Federal Aviation Administrationit Improvement r policies r , the Program Manager has developedseries f Program PolicyStatements li i construction li i ili restrictions. r understands that prescribed Improvements ill be consistent with the ProgramPolicy Statements proi to the Propertyr by the Programr. A copy of the Programlipy Statements is attachedf . 3. Payment f Prociram j . � t_. t t for t t describedi , hereto. The Program Improvements ill be approved by the Property Owner and County, managed by the Manager,Program and performed by the Contractor. Impedingtiti i r shall not impede orit it the Contractor's ability to select between approved product manufacturers tr r in the preparationi i l . To insure competitive i i t, the Property Owner is prohibitedvie discussion r communication withthe Contractorin relationto the Program, the contractor'si , or this t until after award oft t i contract by the County. Failure of the Property Owner to complyit is provision shall, at the option of the County in its solei t ti , result in disqualificationProgram cancellation f this Agreement. Construction Contr . The County will award the contractfor the ProgramImprovements i tent with Federal and County competitivebidding li i procedures.and t t will require the Contractor to completethe Program Improvements within time period the Programr. 6. - & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirementspertaining th pre-constructi post- construction: a. Prior to the start ofP construction, t r r shall meet II Pre-Construction Pre-Construction requirements to include: Removingll valuables (such as jewelry, coins, , antiques, heirlooms, t . from their condominium; Moving II furniture and belongingsinto t "Designated Storager " within the condominium, r i i the required "clear (white . _......._. .____._............. Propertynr Noise Insulation Agreement Page 2 of 2 space in sketch) r the Contractor. When doing , the Property Owner will have the ability utilize the completer to ceiling" . RemovingII excessive furniture l ire from the condominium that will not fit in t "Designated St r "; RemovingII window andr treatments (such as blinds, plantationt . rig t i t "Designated t r "; Removingll electronic and dust-sensitiveitems from their condominium r wrapping withprotective ly before storingin t "Designated Storage Space Area"; RemovingII wall hangings (such as mirrors, pictures, hanging shelves, . storing them I "Designated t "® 8 Movingll small items and belongingsinto eitherI r bathroomstli in the "Designated Storage Space Sketchff b. After completion f the NIPrr tr ti , the Property Owner shall meet all Post-Construction it rr to include: Movingf all furniture and beI i t r in the "Designated Storage Space Ar their original positions in the condominium: Movingf any excessivefurniture belongings it the condominium; Re-installationf all wall treatments, r treatments arr wall hangings back to their original positions in the condominium. . In the event the Property Owner falls to perform any and all of the above Pre—Construction Pre-Construction responsibilities, the Propertyr shall be removed from NIP participation the Property Owner shall be liable the County and/or Contractor for any and all resulting ll direct and indirect t related thereto. . In the eventt r falls to performall oft above Post-Construction respi iliti , the Propertyr shall be liable to the CountyContractor for any and all resulting damages and all direct and indirect costsrelated thereto. 7. I i t irr. construction f tProgram Improvements begins, the Propertyr shall not impede constructionr alter construction I . In ii , the Property Owner shall prevent any and all tenants that may occupy the Propertyi the construction of the Program Improvements from impeding tr i r altering construction schedules. In the event the Propertyr or any tenant occupying the Property impedes constructionr _ _ —........ r------ �.......... _........ . Prvperly Owner Noise Insulation Agreement Page 3 o 2 alters the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. 8. Safe Working Environment. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. . Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible r: (1) Providing a workingenvironment that is free from potential health risks, blohazard conditions, hazardous chemicals, obstacles, weapons of any kind and/or explosives; ( ) Refraining from verbal abuse or profanity; ( ) Refraining from aggressive physical contact; and ( ) Insuring that all pets are completely secured and contained. . In. the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County'County's discretion, be temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County suing the Program process. c. In the event the Program process is not resumed due to the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. . Construction Delay . Duringthe construction period, the Contractor may experience unfbreseen complications relatingto the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revisedif there is a delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 1 . Can-ggsto _cope of o . The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its ...... ..... .... _ _ ........ _ P e Owner Noise InsulationA e nt of 2 sole discretion, time the Program process, providedn t reduce the scope or quality of the Program Improvements ri in Exhibit such changes are it t t i f l iti tit detectable ri l property inspection . 1. Acceptance of mN �Work. Upon completionProgram Improvements, the Program Manager shall inspect or cause the inspection f the Program Improvements to determineif they re completed pursuant to the terms of the contract. The Program Manager retains salediscretion t ritprogram performanceconformance and issues as they relate to the Contractor, subcontractors, suppliers designs. The Property Owner is requestedattend the Substantial Completion Inspection and provideinput to the Constructionr with respect to the identified -lit items. In addition, the Property Owner is welcomet attend the Final Inspection. In the eventt r elects to not attend the Substantial Completion and Final , they release r r their ability t provideinput to the Constructionr with respect to the acceptance of the ProgramImprovements. Int event there is i t Owner and the Programto a conformancer performance issue, the OwnerProperty shall be required it the discrepancy in writingto Monroe County (representative to f' the t t within f the inspection ii to the discrepancy. Monroe County shall then make a determination as the acceptabilityf the conformance/performanceissue remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performance/issues. it the Property Owner to submit the writtent i within the time period specified II thereafter foreclose the Property Owners right to filecomplaint. 1 . Termination of A Areement. The Propertyr understands that the signingf this r t initiates bot the BID and CONSTRUCTION PHASESf the Program Improvementsto be performed in accordance withthe Program. Therefore, if the Propertyr attempts to terminate this r r otherwise impedes the progressof the r the Program Improvementsafter the f 'the constructioncontract, the Propertyr will be liable to the County for any and II damages and all direct and indirect r 1 . Warranties. The Countyt represent or warrant the level of noise reduction that the Property Owner will experience withinthe PropertyIt of the r Improvements perfor f the Program. . The County agreesthat its contractit the Contractor will include standard 1 r warranties from the Contractor for alImaterialsworkmanship. warrantySuch one-year periodshall t ti f the acceptancef the work as providedfor in Paragraph 9. b. t the end of construction, t r r will provide the OwnerProperty with a WarrantyFinal Closeout Package whichit t in copies of the warrantypolicies, product instructions, i legal documents. As conditionreceiving the Warranty & Final Closeout Package, the Property Owner ....... Propeny Owner Noise Insulation Agreement Page 5 o .2 must first submit a completedSatisfaction y to the Program Manager. After receiving the WarrantyFinal Closeout Package, the Property Owner understandsthat the r li l for products used in the constructionf the Programt differ among product manufacturers. I t of claim, the OwnerProperty is solelyresponsible for pursuing all future product warranty issues directly i t manufacturer. . In the event of a claim, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly coordinate any requiredr ice and agrees to look solelyto the rr r l contractor r the productmanufacturer for fulfillment of all warranties and for resolution f all product or constructionwarranty i 1) The Property Owner's inquiry is not directly relatedto either construction wnti t warranties (such as windowcleaning r product maintenance) regardless t r the Property Owner'sinquiry rises during t one- year warranty periodfrom the Contractor or thereafter; Propertyr believes that warranty servicei required withrespect to constructionr issues, and the warranty i from the general contractor has expired, Owner(3) The Property believes that service is required it respect to product warranty issues, the advertisedperiod for the r not expired, and the manufacturer is currentlyconducting its business, Owner(4) The Property believes that serviceis required it respect to product warranty issues, and the advertisedwarranty l for the product has expired. . uPro-Existing Defi i i r will be required t i (Deficiency I Harmless r t) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficienciest the Property, whether seen or unseen. 15. .,Pre-Work Req it . The Property Owner will be required to completeII Pro-Work, as required the NIPto successfullyaccommodate the NIPacoustic ii i . r r ill rt it f [I funds and per the ulred. deadlines established bthe NIP. In the event the Propertyr falls to complete designated r - r it the establishedl lip , the Property Owner shall be removed from NIPI I ti the shall be liable the and/or t t r for any and all resulting damages and all direct andindirect t relatedr . 16. � It'd _of Key West "Hard-Wired" Alarmit t9 In compliance it the Cityit II and the Cityf Key West Building Department construction permitissuance requirements, t ill be required to install It "hard-wired" smoke al r in their condominium in .. _........ ..... _. _ . .__.___._..�..__. ......__ P ner Noise I lation Agreement e 6 o 2 accordanceitall applicable codes and regulations by the requireddeadline established the NIP. The PMrogperrty Owner will be responsibleto ensure that the smoke r installed iwithin_ condominium� r I lei tl r ill cur, avoid potential impedance to the NIP . l t event the rfil t install t i "hard-wired" smoke alarms t lished NIP deadline, the Property Ownershall be removed from NIP participation, 1 ® Suspension of Proqrarn Process. The Program process may be temporarily suspended at any time during the designr construction the discoveryf Deficiencies due to their potential impact on the Program Improvements t warranties. The Program process will not resume until the Property Owner has corrected alllt l to the satisfactionof the r Manager. In the eventrepairs r not completed in a timely manner, the Owner will be liable the Countyfor any and all damages and all direct and indirect costs due to delayand/or stoppages oftwork. 18. Limitation on Alterationsto the Prppgq. r agreest to make alterations, or to permit any tenant in i f the Property to make alterationsto the existingwindows, doors and/or walls from the time the Designuntil the constructionf the ProgramImprovements completed. ti to thisl t be pre-approvedin writingthe Program Manager. Failure to adhereto this it t may, at the optionf the Program Manager in its solei t ti , result in an immediate I f the construction of the ProgramImprovements n the Property. The Property Owner will be liable to the Countyfor all direct and indirect t I ted with unapprovedalterations damages related thereto. 19. _ re and Post-Construction Noi ti . post- construction ti i testing is a very important Program process that is designedt measuretr i the actual achieved noiselevel reduction level at treated properties. If selected by the Programr f post-construction i testing, the Property Owner agrees to provideto their r for testing agrees to not to make alterationsto the interior f their property (with the exceptionf repairs f i f _from the time f the pre-constructioni test to the post- construction noisetest. In an effort to insure consistent noise data_ collection, the Propertyr also agrees to preservethe interior layout of furniture, coverings windowand treatments from the time of thq_pre-constructioni test to the post- constructionnoise test, The Property Owner understands that the failure to adheret this it t may result in corruptionf the noise ti data. Therefore, the Propertyt they may be liable to the County for any direct and indirect noisetip in the event these requirements ar t6 ® _Coor)eration. As reasonably requested, the Propertyshall cooperateit the Contractor, the Programr and Monroe County in the performance of all phases oft r including, t notlimited t , the removal and reinstallation of rugs, wall hangings and furniture Property Owner Noise Insulation Agreement Page 7 of 2 1. Utilities. r shall permit the to use, at no t to the Contractor or the County, existing utilitieslight, heat, power and watert the ProgramImprovements. . Ppsigni t Itimes t I t twenty-four ) _ tic it arr r), the Property Owner agrees to provideto the Programr, Contractor, subcontractors, suppliers, , State and federal inspectors and consuIt Property to collect l Il final design and bidvisits I include, t not be limited to, property survey, design , hazardous material inspection, pro-noise testing pre-bid visit. In the event the PropertyOwner falls t provideto the Propertyfor all required NIPi i visits, OwnerProperty shall be removedfrom NIPI I n. 23. Pre-Construction Access. The Property Ownr agrees to provide access to the Property forty-eight ) hours priort the I t l construction. This short visit will provide the Programr with the abilityto ensure that the Property Owner has met all furniture t responsibilities. Fait I result in the suspensionof the Ied NIP constructionr r shall be liable to t r Contractor for any and all resulting damages an ll direct and indirect related rt . 24. Pre and Post Construction Access, At scheduled times and/or upon t less t twenty-four ) hours advance noticer 1 fl andlor letter) and per the establishedconstruction I assignment, the Property Owner agreesto providethe Program Manager, Contractor, subcontractors, suppliers, City, County, State andfederal i consultants to the to provide II required I r try tlon and Post-Construction visi visits could include, t not be limited final measurement, pre-construction inspections, review Designated t requirements, try i inspections post- construction i testing. In the event the Property Owner falls to provider all requiredrConstruction visits, the Property Owner shall be removed from NIPparticipation the Propertyshall be liable to t r Contractorfor any and all resulting damages and all direct and indirect trelated thereto. 25. ConstructionPeriod Access., lconstruction contract, the Contractor will provide the Programr with their final construction schedule, which will include the required r of calendar days to complete construction in each oft iicondominiums. on this I , the Programill assign each Property Owner withi r of calendar days in whichconstruction ill occur ICE their condominium. Owner agrees to relocate their condominium for the entirei time period. I addition, the Property Owner agrees not t re-enter their property for any reason during their assigned constructionto safety concernsthe potential to negatively impact the Contractor. In the event the Propertyr falls to providefor their assigned constructiontime ri , the Property Owner shall be removed .... ....... per Owner oise Insulation Agreement of 28 participation the Property Owner shall be liable the County and/or Contractor for any and all resulting damages and aII direct and indirect t l thereto. 26. Construction riod Extension Due to Hurricanes. Since the NIP construction i ill extend into the Key West hurricane season, there is potential for construction I r stoppages, beyond the control of the Contractor, in the event f a threat n approaching hurricaneand/or an actualhurricane t. Due to this possibility, the Property Owner understands that delays may occur in iti to their originally asI tr tion time period, without any fault or cost to the Contractor Programand . Furthermore, the Property Owner agrees to relocatefrom their condominium for all additional calendar days resultingfrom l tr ti r stoppagesto a hurricanethreat or event at no cost to the Contractor for Programr. In the eventt Owner fails to providethe required additional access to their condominium due to hurricane-relatedstoppages, the OwnerProperty shall be removed from I l i tl the Propertyr shall be liable to t r Contractor for any and all resulting damages and all direct and indirect costs related rt . 27. Discover f Pre-Existinq Deficiencies During Construction, In the event the Contractor discovers pre-existingfi i i t the Propertyrig the NIP construction that negatively impact the installation of the NIPimprovements, the Propertyr agrees to immediately repair and remedlate such deficienciesin an effort to reduce any negativeimpact on the scheduled constructionri Owner understands that, depending on the timing f t pre-existing ii y repair, the NIPconstruction to be extended, at no fault of the Program Manager or Contractor. impact28. of Unforeseen KWBTS Buildin -Conditions Construction Schedule. The Property Owner understands that unforeseen buildingconditions that may arise during the NIPconstruction the potentialt increase the original scheduled durationconstruction, which is not the fault of the Program Manager nor Contractor. r r needs to planfor t t- possibility that the originally-scheduled cr tion completion dateI itil days due to unforeseenbuilding iti that may arisecomplicate the NIP construction. 29. Existing i r Treatments n Blinds. The OwnerProperty t , t installationf acousticire doors, the existingi r door treatments, shades and blindst be compatible l re-installed to sizedifferences the new and existing i . 30. Existing Crown Molding,,, During the installation of the new acoustic windows and doors, the NIPill be providing "standard" replacement interior trim and sills. The Property Owner understands that the NIPI ttri will not matcht r specialized crownI r r custom window and door trim. After the completionthe NIPifs ti , the Property Owner will have the ability to make modificationsto the NIPinterior trim their . __... .. ----- ................._ P eOwner Noise Insulation nt Page 9 of 28 31,, Communication Requirements. The Property Owner agrees to read and review ll NIP emallsr letters in a timely fashion which are being providedthe NIPto ensureIe conformance. I event the r i!s to meet thisrequirement, it could result In removal from NIPit ati . 32. Title Examination. r has obtainedr will obtain, t its solet and expense, an "Abstract f Title" to ensurethat the Property title is free from liens r title defects. 33. pp N Q i . i Clearing itl Prior f construction f t Program Improvements, the Property Owner shall cooperate withthe County in r to (!) correct any title defects ting the Property whichrdisclosed by t "Abstract f Title" and in the soledetermination f the County may serve to invalidate t (ii) secure the written consent of any and all mortgage holdersthe Property Ownersf the Easement to the County if the Countyt i t it is necessary or desirable to do so (collectively, "Title Matters"). If, prior to the commencement of constructionf the Program Improvements, the County, in its ! ti , determines that the Titler the Property may invalidate the Easement, ti r t shall be null and void, and the Easement shall be terminated. 34. Federal Assurance. As required l Aviation Administration, the Property Owner agrees to the following r ii a. The Property Owner II subject the constructionthe project to such inspection I during the constructionf the Program Improvements and after completion of the Program Improvementsy reasonably be requested r r r Monroe County. Afterb. final completion of the Program Improvements, the r Owner shall assume the responsibilityfor maintenance and operationthe items installed, purchased or constructed under this rat. Neither the Federal Aviation Administration r the Countyresponsibility for maintenance and operationf these items. 35. Reduction f Fresh Air Infiltration.� will be required to signf _.. (Ventilation Hol r ! ) which imputes all responsibility to the Propertyfor the r maintenance ofltrlr moisture humidity levels. ! t _ ' I j , f t rdesires to retain of the requipmentr from the Property as a result of the Program Improvements, the Propertyshall arrange for the salvage of said materials i t directly withthe Contractor at the PropertyI risk Countyand expense. The responsibility for the conditionf the material, equipment or surrounding surfaces as a result of the owner-requestedsalvage, OwnerProperty and the Contractorshall, prior to the commencement of construction, agreet t listing those items to be salvaged. In the absence ....... ._._._........................ Propeny Owner Noise Insulation Agmement Page 10 of 2 of such written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 7. Property Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's 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, following final completion, the Contractor's builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. . Timinq 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 rendering portions of the Property uninhabitable for extended periods of time. 3 . Labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County and its officers, employees, agents, consultants; and contractors 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 limit the warranties for materials and workmanship contained in the contract with the general contractor. . ' Sale of Proa%dy. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 1. u�Waiver. o waiver of, acquiescence in, or consent to any breach of any term, covenant or nition 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. . Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ( 100.0 ) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear" the title to the Property. ._. .. ........... .......... Propery Owner Noise Insulation Agreement Page 11 . Authority, to Executen Behalf . By Resolution No.L004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17t" day of March 2004 grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. . Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. . Exhibit m Policy Statements. . Exhibit : Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit : Deficiency Hold Harmless Agreement e. Exhibit : Ventilation Hold Harmless Agreement . General Conditions. a. Goyerning Law; Venue, Interpretation, Costs, 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. ( ) In the event that any cause of action or administrative proceeding is instituted for 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 administrative body in Monroe County, Florida. ( ) 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 to the institution of any other administrative or legal p cein . ( ) 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 attorneys' fees, court 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. . Bindin Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. _...._..._.........._.. _...._.... _ ....... ._.........._......... Pwperty Owner Noise Insulation Agreement a 12 of 28 c. illty° If any term, t, condition or provisionf this Agreement (or the applicationthereof to any circumstancer ) shall be declared invalid r unenforceable to any extent by a court of competent jurisdiction, the remaining terms, conditions provisions this ll not be affected thereby; and each remaining term, covenant, condition and provisionf this t shall be validshall be enforceableto the fullest t permitted by law unlessthe enforcement oft ii terms, covenants, conditions and provisionsof this Agreement would preventthe accomplishment of the original intent f this Agreement. t rl n Each party represents r t to the otherthat t execution, delivery and performance of this t have been dulyauthorized ll necessary Countyr action, as may be required . ® _ Agreement._ i t shall the executionthis Agreement, subsequent to executionthe Propertyr and by Countythe f remain in effect for a periodI it to effect the Program Improvements (the "Term"), except as may be sooner terminated i accordance with the provisionsof this r t. . Acceptance of 2ft& Grants, Assistancer The OwnerCounty and Property agree that each shall be, and i , empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for tpurposes f this Agreement. g. Claims for Federal or State Aid. The County andy Owner agreet each shall be, and i , empowered to applyr, seek, and obtain federal and state to further the purposeof this r tl provided that all applications, requests, grant proposals, and funding solicitationsthe Propertyr shall be approved by the ty prior t h. A&dication of or Disagreements. OwnerProperty agree that all disputes and disagreementsshall be attempted resolved t and confer sessions between representatives of each of the parties. f the issue or issues aretill not resolved to the satisfactionf the parties, then any shallparty have the right to seek such relief or remedy as may be providedi Agreement or by Floridai . i® Nondiscrimination. r r r that there illdiscrimination_ against any person, and it is expresslyt that upon a determination by a court f competentjurisdiction that discrimination has occurred, this t automatically terminates wi further action an the part f any party, effectivethe datef the court order. The County and Propertyr complyagree to itFederal and Floridastatutes, and allll ordinances, as applicable, relating to nondiscrimination. include t are not limited t ® (fTitle VI f the Civil Rights Act of f .L® 88-352) which prohibitsi ri ire ti basisI r nationalorigin; (2) Section 504 of the Rehabilitationt of 1973, as amended (20 . . . s. 794), which prohibitsI ri i ti the basisf handicap; ( ) The Age Discrimination1975, as amended (42 U.S.C. ), which __ _....... . . Property r Norse Insulation ree ent Page 13 o prohibits i ri i tlon on the basis of age; (4) The Drug Abuse office And Treatment Act f 1 . ), as amended, relating to nondiscriminationthe basisf drug abuse, (5) The Comprehensive 1 I Abuse And Alcoholismr ti , Treatmentslit t f 1 .L. 1m )P as amended, relating nondiscrimination the basisf alcohol abuse or alcoholism; lip Health Servicef1912, , U.S.C. )P as amended, relating to confidentialityf alcohol and drugpatientrecords; 7) The Americans With i iliti t of 1U.S.C. . 1201 Note), as may be amended from i t time, relating to nondiscriminationthe basisf disability; (8) The FloridaCivil Rights t of 1992, (Chapter 760, Florida Statutes, and Section , Flodda Statutes), as may be amended from time to time, relati to nondiscrimination; ) The Monroe County Human Rights i (Chapter1 1 , Article Vill Sections 13-101through -1 ), as may be amended from time to time, relating to nondiscrimination-, 1 ) any other nondiscrimination provisionsin any federal or state statutesr local ordinanceslch may apply to the parties , or the subject matter , this r nt. j. I mans In the event any administrativer legal proceeding i instituted agai t elther party relatingto the formation, ti , performance, or breachf this Agreement, the ty and Propertyr agree to participate, t the extent required other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this r rat or provision of the servicesr this Agreement, The Countyr specifically agree that no party to this t shall be required to enter into r it tl proceedings related to this r t or any Attachment or Addendum to this r t. Records,k. Books, t . The County and Propertyr shall maintain books, records, and documentsdirectly pertinent to performancer this t in accordance withgenerally ted accounting principles consistently li to thisr r their authorized representatives shall have reasonable timely access to such records of each other party to this Agreement for audit purposesits the termof the t and forf following the termination of this t. 1. Covenante t. t Owner covenant t t neither r tl it t, and shall not acquireany interest, whichI flirt in any manner or degreeit its performance under this Agreement, and that only interest of each is to perform and receive fit recited in this r t. m. Code of Ethics. t that the officers employees of t n re—cognizeill be required Iy with the standardsf conduct relating to publici I delineated in Section112.313, FloridaStatutes, r i , but notlimited t , solicitation or acceptance of gifts; doing businessit icompensation; i f public position, conflicting Ioyment or contractual relationship; and di f certain information. Property ner Noise Insulationa e t Page 14 of 28 Solicitation/Pgyt. The County and PropertyOwner warrant that, in respect to itself, it has neither employed nor retained any company or other than a bona fideemployee i for it, to solicitt secure this r and t it has not paidr to pay any person, company, corporation, individual, r firm, other than a bona fide I r Ing solely for Its any fee, commission, percentage, i s or other considerationcontingent n or resulting from the awardr makingf this t. For the breachr violation of this r i i , the Property agreesOwner that the Countyshall have the fightto terminate this it t liability t its discretion, to offset from moniesr otherwise recover, the full amount of such fee, commission, percentage, I r consideration. o. Public Access. The Countyr II allow permit reasonable access t , and inspection of, all documents, papers, letters, or other materials to the provisionsf Chapter11 Iri Statutes, and made or receivedthe County and Property Owner in conjunctionit this r t® and the Countyll have the right t it l cancel this t upon violationof this provision the Propertyr. Public Records Compliance. r must complyi Florida li records laws, including but not limited to Chapter 119, Florida Statutes tiarticleI of the Constitutionf Florida. OwnerProperty shall allow and permit reasonable t , and inspection ll documents, records, papers, letters r other "public r 99 materials in its possession r under its control subject to the provisionsf Chapter 119, Florida Statutes, r received the t r in conjunctionit this tr related to contract performance. The County shall have the right to unilaterallyI this t t upon violation of this r i i y the Property Owner. Failure of the Propertyr to abidethe terms of this i Ishall be deemed a material breach of this ntr the County may enforcethe termsof this r ision in the form of a court proceedingIII as a prevailingy® be entitledto reimbursement f all rney's fees and costs associatedit that proceeding. Thisprovision ll survivetermination or expiration of the contract. The Property Owner is encouraged to consult with its advisorst Florida II in order to complyi is provision. Pursuant to F.S. 119.0701 and the terms and conditionsf this contract, the Property Owneri required t (1) Keep and maintain pli records that wouldit County to performthe service. ( receipt from t custodian f records, provide County with a copy of the requested records r allow the recordsto be inspected or copiedit i reasonable time t a cost that does not exceed the cost provided 'in this chapter or as otherwiser law. Ensurethat public records that aret or confidential and exempt from public records disclosurerequirements t disclosed except as ......Property t Owner Noise Insulation Agrea en Page 15 of 28 authorized law for the durationthe contract term and following completi f the contract if the Property Owner does not transfer the records to the County. completion f the contract, transfer, at no cost, to the County all public records in possessionf the Property Owner or keep and maintain public records that wouldit the Countyto performi f the Property Owner transfers 11 public records to the Countycompletion of the contract, the Property Owner shall destroy any duplicate publicrecords that are exempt r confidential and exempt from publicrecords disclosurerequirements. if the Property Owner keeps and maintainspublic r lti of the t , the OwnerProperty shall meet all applicable requirements for retainingpublic records. ll records stored 1 tr i ll t be providedto the County, upon request from the County'County's custodianrecords, in a format that is tl 1e with the information technology f the County. request t inspect or copy publicr r 1 tip to a County contract must be made directlyto the County, but if the County does not possess the requestedrecords, the shall immediately notify r r oft request, and the Property Owner must provide the records to the County or allow records to be inspected or copied withinl time. f the Property Owner has questions regarding the application Chapterl Statutes, to the Propertyprovide li records relating to thiscontract, contact the Custodianlip Records, Brian1 t p. Non-Waiver f Immunity. Notwithstanding tprovisions . Florida768.28, .t participation of the Owner in this Agreement and the acquisitionf any commercial liability insurance , self- insurance , or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability r , nor shall any contract enteredinto the Countyrequired to contain l l for waiver. rl it_ All of the privilegesimmunities from liability; exemptions from laws, ordinances, and rules; pensions relief, 1 flit , workers' compensation, and other benefits whichI to the activityf officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreementwithin the territorial limits f the Countyshall apply to the same degreet to the performance of such functionsduties such i r , agents, volunteers, or employeesoutside the territorial limits f the County. . L&Lal Obligations and Responsibi itlNon-Delegation f Constitutional or St 'Duties. 1 is not_intended to, nor shall it be construed , relieving any participatingtit from n li tl r responsibility imposed upon the entityt to the extent of actual and timely performance thereof by any otheri i ing entity, i 1 the performance may be offered in satisfactionf the obligationr responsibility. Further, this Agreement is not intended t , nor shall it be construed , authorizing the delegationf the constitutional or statutory dutiesf the County, except to the extent permitted by the Floridaconstitution, ...... ......................... _......... Property Owner Noise Insulation Agreement a 16 o statett law, and, specifically, t r , Flohda Statutes. s. Non-Reliance Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreementt fr r attemptt enforce t i claim r entitlement to or benefit of any servicer program contemplated hereur, and the County and Property Owner agree that neithert County nor Property Owner or any agent, officer, or employeeshall have the authorityto inforTn, counsel, or otherwiseindicate that any particulari i i r group f individuals, tit r entities, have entitlementsfit r this r t separate apart, interior t , or superiort the communityin general or for the purposes contemplated in thisAgreement. t. Attestations. The Propertyr agrees to execute documentsl require in the f the obligations and duties of the t r Property Owner underthis u.it I m____imit . t r t t i m be deemed t be a covenant or agreement of any member, officer, agent or employeef Monroe County in hisr her individual l m r, agent or employee of Monroe Countyshall be liable l this t or be subject to any personal liability r accountability by reason of the executionf this Agreement. . Execution in Counterparts. i r nt may be executed i any number f counterparts, each of whichshall be regarded as an original, all of which taken together l tit t the same instrument f the parties heretol Agreement by signingcounterpart. . _Section i . Section headingsinserted In this Agreement as a matter of conveniencef reference only, and it is agreed that such section i r t a part ofti t and will not be used in the interpretation y provision ofti r t. Propeny Owner Noise Insulation a ent Page 17 of 2 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. ................................ WITNES ES- PROPERTY OWNER: Signa ture signiture. T" 4/f CZ, t"CIZE/tIl 1�k Pdnted Name ..................... Pdr60"Unie Signature ...... Date r iRid RWe ............ ...............---------- WITNESSES: PROPERTY OWNER: �j Sign re t-v natu 0,rinted Name Printed am& A Signature 0- Printed Name ca . .................. ......... ............ ............................................. "MON'ROPE-1-t6UNTY BOARD OF COUNTY COMMISSIONERS: MAYOR I CHAIRMAN: J M C Xb CLERK SLYVIA C By: Deputy Clerk Signature FAA RIt NEY ........................................................ ........... x" ........ ........ ner.... oise I l .............. ........................ Propeiv Ow Nnsuation Agreement Page 18 of 28 Date PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise insulation Agreement A. Air g- General Restrictions. it i iductless ink lit' AC system to your condominiumf the NoiseInsulation modifications, the followinglimitations and restrictions I I apply to allcondominiums: 1. All condensing unitsill be installed on the balcony 2. l refrigerant lines i the I in unity will be installed consistent ih KWBTS Board policyrules, int i i iheight inches. 3. All condensatelines it installed on the buit i I t with Boardlipy rules to ensurethe highest level of consistencybuilding architectural aesthetics. 4. All interior AC lines (refrigerant, condensate, electrical) Ventilator ill be housed in new vertical wall and comer pilasters which ill be constructedto matchthe qualityf existing walls. The number and locations of the i t wall and corner pilasters will differ depending on your unique condominium r plan and number of bedrooms. The NIP executivearchitect ill review this information with you at your NIP Design Review Meeting. 5. Only electrical i I t are determinedthe Programr to be deficient ill be replacedthe Programf the NoiseInsulation Program modifications. B. Window Sill Replace — Due to the presence of asbestos, the l ill provide customnew ill instead the existingrsurround. Due to this i plan, existing customill R granite, wood) will not be replaced. This revision will be an improvement, while decreasingn tri i n costs and improving time efficiencies. C. Custom Crown Moldinq and BaseboardsRestrictions The new asbestosabatement requirements will restrict the abilityto remove existing customtrim r ri r to constructionoriginally assumed), which will not allow sufficientti for the r I contractort cure custom matched replacementtrim. Therefore, existingmoldings, ll tHm, and base, the contractor ill, instead, t the existingtrim to the face of the now pilasterr thru wall i fill. At new pilaster locations and, if the thru wall ac i fill abuts the existing baseboards, the contractor will install a standard -f painted trim abut the existingtrim, tip fi existing t trim profiles and materials. r the completionf the NIP construction, the property owner will _..........._ .. __... ... ... _......_._.��._............... ExhibitA -Property Oymer Noise Insulation t Page 19 of 2 have the option to replace installed trim it r custom trim the existing materials and r fii . D. Door Threshold Heights. Due to stringent Florida i impact and water inflitia—tion building " all new aluminumacoustical prime entryswinging r sliding 1ass patio doors will have thresholds that areconsiderably hl r (from floor) than iti r thresholds. These higher door thresholds aredesigned providetimum protection to the interior of a condominiumfrom water infiltration dur hurricane. E. KWBTS Asbestos Testin As required t t federal requirements, THC conducted asbestos testing on a!l participating i i in Buildingsduring the November 2017 to April 2018 time l . This testing included collecting to 9 samples condominium tinclude in " window glazing, and exterior windowl i . In addition, random exterior stucco samplescollected on both t 1 "courtyard I balcony" building 1 i n . Depending the laboratoryn l i f these samples, the presence of asbestos containing materials ) have the potentialt impact several areas of the NIP construction include- - window removal and acoustic window installation, r removal and acousticr installation, - removal of portable "through-wall" AC units and the infilling of openings, - calling cuts requiredfor installation f the ductless , wall cuts required for the installation of the t " construction l l wall pilasters required for installation of the ductless ducts,AC system & ERV construction f closet soffitfor installation . F. Asbestos Abatement guilrements .... In ny samples show a presence of asbestos containingmaterial , the awarded !P contractor will be requiredr the followingabatement requirements duringconstruction: If samples show a presence of AGM < I% The NIP contractorill be required l its OSHA worker safety requirements t include r r respirators, pol i in all areas wherethe surfaces aredisturbed cleanersand the use of HEPA vacuum in the areas where surfaces are chipped, cut and/or sanded. .............. ............. Exhibit A-Property r Noise Insulation Agreement Page 20 o The NIP contractorit itfull asbestos abatement procedures as directed the EnvironmentalProtection to Include- - Construction f ACM containment barriers in all (walls, ceilings, closets, r approximately t from all walls and areasimpacted the NIP modifications. bagging- Abatement and f (resulting demolition certified asbestost staff. Air sampling of containment areas and clearanceall areas by certified asbestost staff to allowcontainment areas by traditional (non-abatement workers. - THC will be required to providei i f all ACM abatement processesin allcondominiums roe t the NIP constructiont ensureliance with federal te abatement guidelines. - The presence f ACM will have a significant impact on the NIPconstruction process, lengthening the constructionand increasing the sequencing and coordination rit f contractor crows. - Given the cost to providerequired t will require to developi tI that minimizes the disturbanceto ensure the minimizationf construction and liability to the contractor and KWBTS property owners. This plan III result in now property owner requirementsi restrictions i are outlined . H. KWBTS Authority r ill the Authority t make�.... several of the Programi i i to include- 1. Acoustical Window andr Material 2. Acoustical Window and Door Color and HardwareFinishes 3. Acoustical Window and Door Operational Styles . Interior Ductless "Mini-Split" AC Systemt 11 tlRequirements . Interior Ductless "Min'l-Split" AC SystemInterior it Design and Placement . In-Filled itshen Prime Door Policy Treatment __... _.. _. . . _.. __......___- Exhibit A-Property r Noise Insulation Agreement e 21 of28 LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Condominium Unit 216-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common elements, according to the Declaration 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-Prope r Noise Insulation Agreement Page 22 of28 PO IMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This Exhibit 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: 0 Architectural Drawings Irr Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) ............ ——------ ..................................... Exhibit C-Property Owner Noise Insulation Agreement Page 23 of 28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D Property Owner Noise Insulation . In ial consideration of the compensationto be paidif of the County and the Programr the Program Improvements to be made to the Property described in the Agreement of even datei t "Agreement") n the County and Property Owner and to whichi is attached, t n i r and on behalf of the undersignedi 1 representatives, assignsf the undersigned, f r releases, remises, discharges, in ifi covenants not to sue, institute i against, or institute any proceedin i t, the concerningCounty, or any of its agents, officers, employees, consultants and/or contractors ll claims, demands, damages, I action whatsoever in n nature n it injuriesdeath, damage to the property, and the consequences thereof, f the foregoingI r to the undersigned or their respective heirs, personal representatives, successors and assignsi connection i 11 i tin Deficiencies t "Deficiencies") agaI i Countyr any of its ofticers, agents, employees, consultants and/or contractors legally liable. Owner2. The Property understands and assumes full responsibility for the Deficiencies present n the Property, whether visible to the Program Manager or unseen. 3. The Property Owner understands that the Deficienciesinclude deficiencies t in t the time f this t which could include, but not be limited , code violations, structural damage, watermoisture damage, hazardous materials, infestation and/or any issue that wouldnegatively impact the installation r of the . 4. f visible, t r understands that the Program Manager may identify t Deficiencies at any timethroughout the Program (including dei t construction r • If identified nt , the Programr will classify the observed Deficienciesi in r"Severe". 5. The Property Owner assumes full responsibility for the worseningf any documented I ii i . 6. In the event "Severe" Deficiencies r identified the design process, t n to completeo repairs , to the acceptance of the Programr, as a preconditionto the commencement of construction f the Program Improvements. In the rareevent that " " Deficiencies are uncoveredl n ti period, the Property Owner agrees tcomplete _ . ....._ ...... m...._..._ ..... ......._...m..._. iit D-Property Owner Noise buulation Agreement Page 24 o 2 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 harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, 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 Exhlbff Q 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, and inure to the benefit of the undersigned and their respective �'elrs, personal representatives, successors and assigns. ....................... WIT PROPERTY OWNER: Slane Aure -—--------------- en S190uxe Punted Name POnted Name 1,111-1,11",k"11 A\, Signature Date J Printed Name ....................... ........ ...................... ........ W?l T NME!E Al,:, PROPERTY OWNER;,, s B u M Btu WI L Signature I L Printed Name Pdnted Name signature 10% Date Pflnted Name .................... .............. ..... .... ...... ................ ......... WITNESSES: PROPERTY OWNER: Signature ............ Signature -- ----- ........... Printed—Nam ...... ---------- Pdnted Name Signature bate Pdnted Name ............... ....................... ............. .................. --—-------------...... ...........................—1.......... ........ Exhibit D-Property Owner Noise Insulation Agreement Page 25 of28 VENTILATION HOLD HARMLESS AGREEMENT Exhibit To Property Owner Noise Insulation Agreement 1. In i t consideration of the compensationi if of the County and the Program for the to the Property described in the Agreement of even date herewith (t °° the County and Property Owner and to which this Exhibff E is attached, the undersigned, for and on behalf of the i the heirs, personal representatives, successors, and assignsof the i , forever releases, remises, discharges, inderrinples covenants t to sue, institute l i against, or institute i against, the r any of its agents, officers, I It t r contractors concerningll claims, demands, damages, actions or causes of action of whatsoever kind and naturet of bodilyinjuries r death, damage to the property and the consequences thereof, and any of the foregoingi t the undersignedr their respectiveit l representatives, successors an assignsin connectionit II Ventilation Deficiencies ( "Deficiencies") agai t said Countyf its officers, employees, consultants and/or to be legally liable. Improvements2. The Program y include iti f acoustical windows and doors, removal and i filli f "through-wall" portable air conditioner units and the addition of a replacement ductless "mini-split" air conditioning these modificationsill result in a tighter interior it t due to the eliminationf all passive 'inside / outside air leakage that was naturallyoccurring in all openings, the Program ill also include itl f a energyrecovery ventilation ( it which will provideinside l ir to the condominium required it i . Given3. the tightened interior i f the treated condominium, the Propertyner agrees to assume full responsibility for the proper operation Program ductless t recovery ventilationi to avoidthe potential ld and moisture prob1 ° especially during periods condominium is closed and uninhabited. 4. Due to FAA eligibility limitations, the Program will not be providing exhaustbathroom fan treatments. ins t r showers are moisturegeneration in the interior environment of a condominium, t r agrees to assume ll r i ili for ensuring that all bathrooms have an operable bathroomt fan capablef property exhaustingbathroom i t r to the exterior f the building. It should1 t that the original KWBTS condominiumsr constructed ith a small wall vent that was designedallow the passivet of _........... �.. - _ _ �....... Exhibit E-Property Owner Noise Insulation Agreement a 26 of 28 bathroomi tr in a central building exhaust shaft. DuHng the Program design survey process it was discoveredthe KWBTS buildingslack a solidcentral building exhaust shaft. Due to this i tip condition, these original wall vents (iftill present) have the potential to providet r unwanted air, into the condominium interior. r Owner agrees to assume full responsibility for the sealingri i t wall vents in all bathrooms and for any and all negative impacts that may result if left untreated. 5. It is clearlybuilding I I tl to duct laundry r exhaust to the KWBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted their laundry dryer vent to the central building exhaust shafts, they agree t correctideficiency l ti their laundry dryer exhaust in an alternative mt that meats currentbuilding t their cost before the initiation of the Program constructionr agrees to assume any and all liability related to the improper ducting of their laundry dryer exhaust. 6. The Property Owner understands that the Program Improvements will not address kitchen and bathroomrail ti r r excessive interior I i levels generated r within the it oftcondominium. The Property understandsOwner full responsibility for maintenance of interior i t r and humidity levels. The Property Owner agreesto assume full responsibility for any occurrence, r r n r worsening of moistureproblems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenanceoperation of the NIPventing modifications r completion f the ProgramImprovements. undersigned7 The Iedge and agree that all oft release, I harmless 'indemnity pr i i t forth in Paragraphf iExhibit i t injuries, r sustained i connection it r result of any and all interior tit ti fii ies arising after the additionf the Program Improvements including, not limited to, high humidity, mold, mildew,-and/or lack of proper exhaust ventilation. The provisionsf this ll survive the termination or expi ti f the Property Owner Noise Insulation Agreement. 8. The undersigned r r that the rprovisions this _ExhibIt E shall be bindinginure to the benefit of the undersignedtheir respectivei personal representatives, successors andassigns. _... _ �.. i P OPERTY OWNER: Signature , �1 ,� natu �.-�"E+f" G" � m Printed Name y Printed Name 41 N s , Signature r Ir li apt z..... „�4ti u'amaa��„ Date = Printed Name i _........___.... _ .... ._. « ............._. Exhibit E-Property Owner Noise Insulation Agre e t Page 27 of 28 _............ . ______� .._. ..... _ __..... WITNESSES: PROPERTY .q Sign re "; ` , a ,�J, = z'a � if m a f4 u 4 Signature r s{ lei, Printed Name _ _............... WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature Date Printed Name _ _.._..._.... ... .......................... Exhibit E-Property Owner Aloise Insulation Agreement Page 28 of 2