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09/18/2019 Agreement/Easement-C217 �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 Prenared By and Return T : Hewther P. Faubert2 NIP Assistant Project Manager Recor&d 4121/202011:14 AM Page L of 4 THC, Inc. 710 Dacula ., Suite 4A 9315 Dacula, GA 30019 Filed Official Recwdg of AVIGATION EASEMENT Key t International Airport Noiseti into thisof ��THIS T A is nt 4-z' day 3` , , by" PHYLLISBELL", hereinafter refe to as "thl Property Own;," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, body politic and corporate, hereinafter referred to ." RECITALS: A. The Property Owner is the fee simple titleholder to certain realp a ("theProperty") located in Monroe County, Florida, more particularly described as follows: Unit No. 17- , 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 MonroeCounty, Florida. also identified as street address: '12501 S. RooseveltBlvd., Unit " B. The BOCC is the owner and operatorof Key West International Airport("the Airport") and desires make properties that, through interior noise exposure testing, are determined incompatible ult of their exposure aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owners Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below dB in accordance with Federal 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 a that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the ....... ... . ....._..........._._. _o...... Fnte lonalAl rtNIP—Avig onEasem (unit 217) Page I af 4 NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average interior noise level below 45 dB in acoordance with Federal Aviation Administration pollcy. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition of Exposure Map accepted by the Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this' Easernent Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE,for and in consideration of the improvements to be made to the SUbject Property through the NIP,the recelpt and adequacy of which is hereby acknovAedged by both partI es, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in Interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated Wth the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or fUture, in whatever form or tipe, during operation at, on, to or frorn the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included vAthin the purview of this Easement. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. ® The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest,does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, empI oyees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, 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, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to nolse, and other effects of the operation of the Airport or of aircraft landing or taking off atthe Airport. ............................. Key West IntemMonal Airport NIP—Aftaflon Easement(Unit OC217) Page 2 of 4 4. This emit expressly excludes and reservesthe Propertyto the Owner'sProperty mom ' successors in Interest, o , demands, damages, t , liabilities, costs, attorneys' or expert's f , or causes of action for physical damage r personal injury imp r part of any alreraftimp the Easement that does identifiable physical damage to the property or injury to a person n the property by comingInto Orect physical contact withthe property or the person on the property. 5. Should elther party herstor any their successors or assignsin Interest retain counsel to en,force any of the provisionsin r protect Its Interest in any, matter arising under this Agreement,or to recover reason of any alleged any ® i n of this Agreement, the rep mlinshall be entifledall costs, damages and expenses incurredincliudft, but not limited to, attorney's fees and costs incurred in connection therewith, Including li t ion. provision this r m met is to be interpreted for or against any party because that party r that partys legal representative drafted suchi l n. This Agreement shall be Interpreted n construed i to the laws of the Statei . . No breachany min of this Agreement may iunless In writing. Waiver of any m provision t this Agreement shall not be deemed to be a wa�ver of anyother breach of the sameoranyothers m m m t this met. This Agreement may rmrm n only rm ems Instrument cuts the parties in interest at the time of the modificatl6n. In the met that any one or more very rat, conditiom r provision contained i is heldinvalid, vo�d or illegal by anym of competent jurisdiction, the same shall be deemedseverable the remainder of this Agreement and shall In no Mr or invalidate am other r Tomb hereof long the remaining provm io not materlaHy alter the rightsand obligations of the parties. If such condition, covenant or other provision shall be deemedinvalid to this scope or breadth, ne t, condition or other provision shall be deemedi to the extent of the scope or breadth permItted . . In the rat the Airport shall be subdividedinto more than one parcM, or the Airport or portionthereof becomesto operation, management r administration by a party in addition to or in lieu the BOCC, then andin that event the partiesm that same shall not terminate or otherwise affect this nt so long as a portionof the Airport continues e to operate for standard airportflight purposes, and that any such successor In interest to the BOCC shall be entftledto all of the benefitsrunning to the BOCC hereunder. 9. The Property Owner agrees that the u r shall bear and be responsibler all costs of maintaining and operating msound tt m a t m6tefts and equipment installed In the Property by or on behalf of the BOCC. ................... This Easement Agreement is executed as of the date first above WHtten. ..................... PROPERTY OWNER:.......... olp 49, ..........�"? Signature 41 J Vdntad Wine 7 Date STATE OF COUNPe OF The foregoing instrument was acknowledged before me this 1 20 '""t day ..................... by Property Owner Neme(s) orr public Shft Gi 4be W My Commission E �,re- L apace Florida ry Public Signature 25NQ2 ............. .......... ............... ------. ....... MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAY?7, 7 Signature Printed Name Printed Signature Pate Printed Name STATE OF FLORIDA ............. ... ......... COUNTY OF MONROE Ad, "1, The foregoing instrument was acknowledged before me this day of . 2o by as Mayor of the Monroe County Board of County Commissioners,a body politic and corporate. R�Aery'Public S—Ignature ...... My Commission Wres: . ......... ........ . ....... "MONROE OOUNTY ATMRNEY A�Pf;PyDVE-D AAIroy FPRM 4 ........ rdernatIonal Airport NIP—Av"on Easement(Unit#C2 7) ASSISTAf�i,CO ta'y ORNEY 4Of4 Date s: v West , Unit No.: C217 Name(s): BeH (thisPROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AMPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT " is made and effective the datelast belowwritten , a municipal ,corporation i i ti r the laws of the StateFlorida ), and the undersignedt °" '). WHEREAS, the is the solein i l certainlocated in the City , State of Florida, and more particularly ri t t '); and the County is the owner and operatorof the International t "Airport"), situated in tk County of Monroe, Statel , and in closeproximity to the Property; and WHEREAS, the iobtain for the use and benefit of the public ' free and unobstructed flight for aircraft landing , taking off from, r maneuvering abouttAirport; and WHEREAS, the r has electedparticipate in the Key West Program,International Airport's Noise Insulation Program (the "Program") and, as part of the the Property Owner has elected to obtain acoustical treatments improvementsto the Property as more particularlydescribed heretot "Program t ")R said Program Improvements to be paid for by the County t no cost to the Property Owner and in exchange far the granting to the County of an avigation easement over, across and through WHEREAS, the ill enterit iwith a general contractor t "Contractor") to provideinstallation the Program Improvements; WHEREAS, the is i t team consisting team manager and assistantr, architect, mechanical electrical engineer, acoustician ion manager selected by t t "Program Managerg); Ownerand WHEREAS, the Property and the County mutuallydesire to the terms upon whichthe Property Owner will participatein the Program and receive the Program Improvements upon the terms and conditionsi i , THEREFORE, in considerationf the terms, covenants and conditions t forth herein, valuable i tl , the receipt ....:__ NoisePropaV Owner lwuladon Agreement PageIof 28 sufficiency is y acknowledged, Property Owner and the County hereby agree as follows: . Grant of Easement. Simultaneously withthe execution of this Agreement, the Property Owner executed and deliveredto the Countyvi i easement (t "Easement') is t has been recordedin the public records of Monroe County, Florida. The Easementins in full force andn is ratifiedhereby in all respects. Policy t istent with the for Federal AvlationAd ministrationAirport Improvement olicies and procedures, the Programr has developedseries of Program PolicyStatements outlining construction and eligibility restrictions. The Property Owner understands that prescHbed Program Improvements ill be consistent with the Program Policy Statementsvie to the Property Owner by the Program Manager. A copy of the Program Policy t is attachedExhibit A. . 'Pa. ment of Program Improvements. ounty agrees to pay for the Program Improvements ri in Exhibit attached hereto. The Program Improvements ill be approved by the Property Owner and County, managed by the Program Manager, and performedbyte Contractor. 4. Impeding Q9� p titl , Bid Process. Ther shall not impede or interfere with the Contractor'sability Iapproved product manufacturerst o in the preparationof bid submittals. To insure a competitive i viOwner is prohibitedhaving discussion r communication withthe Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failurethe Property Owner to comply with this provision shall, at the option of the County in its solediscretion, result in disqualificationthe Program and cancellation of this Agreement. 5. Construction Contract. The County ill award the contractr the Program Improvements itet with Federal and Countyp t' iv bidding olicies procedures.and The contract will require the Contractor to completethe Program Improvements withi i dod defined by the Program Manager. 6. re- & Post-Construction Resoonsibilities. The Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIPconstruction, the Property Owner shall meet II Pre-Construction requirements to include: (1) Removing all valuables (such as jewelry, ins, guns, antiques, heirlooms, etc.)from their condominium ( ) Moving of all fumiture and belongingsinto the i SpaceStorage within the condominium, i i 'cleararea" (white _._. Propeny Owner o' l l ' a 2 of 28 space in sketch) for the Contractor, When doing so, the Property Owner will have the ability to utilize the complete "floor to ceiling" space. (3) Removing of all excessive furniture and belongings from the condominium that will not fit in the Tesignated Storage Space Area"; (4) Removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space Area", (5) Removing all electronic and dust-sensitive it from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area", (6) Removing all wall hangings (such as mirror's, pictures, hanging shelves, etc.) and storing them in the "Designated Storage Space Area"; (7) Moving all small it and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominlurn. (2) Moving of any excessive fumiture and belongings back into the condominium; (3) Re-Installation of all wall treatments, door treatments and wall hangings back to their original positions in the condominium. ® In the event the Property Owner fails to perform any and all of the above Pro-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County andlor Contractor for any and all resulting damages and all diract and indirect costs related thereto. d. In the event the Property Owner falls to perform any and all of the above Post-Construction responsibilities, the Property Owner shall be liable 'to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. Impeding Construction, Once construction of the Program Improvements begins, the P�r_opiiii�bi�ner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenan,ts that may occupy the Property during the constructlon of the Program Improvements from impeding construction or altering construction I ® In the event the Property Owner or any tenant occupying the Property impedes construction or Property Owner Noise Imulation Agreement Page 3 of 28 alters the ion schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect I thereto. B. ,.,Safe Workinn Environment.. The Property Owner shall be responsible r providing a safe working environmentr the Program Manager, Contractor, subcontractors, suppliers, nd City, County, federal inspectors. a. Throughout II phases of design and construction of the Program Improvements, erty Owner shall be responsibler: (1) Providing a workingnvi n t that is free from potential health risks, blohazardconditions, hazardous chemicals, l pans of any kin forexplosives; ( ) Refraining from verbal abuse or profanity; ( ) Refraining from aggressivephysical n ( ) Insuring II pets are completelysecured nd contained. b. In the eventthe Propertyr falls to meet any of the foregoing conditions, the Program process may, at the County'sdiscretion, temporarily suspended at any time. In such event, the Program Manager shall notify the Property Owner in writing, stating the corrective in(s) and/orcondition(s) required completed or performed by the Property Owner prior to the County resuming the Program process. c. In the eventthe Program process is not resumed due to the Property Owner's iture to complete the correctiveaction(s) and/or condition(s) requiredthe Program Manager, the Property Owner shall be liable the County and/or Contractor for any andII damages andII direct and indirect s related thereto. . If the Program processis resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct andindirect costs related to or caused by the temporary suspension of the Program process. 9. Construction Delays. During the construction period, the Contractor y experience unforeseen complications relatingto the installation oft e Program Improvements. h str ion contract shall provide that delaysI these unforeseen li ti the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revised if there is a delayin awarding of the t r if the Program Improvements have to be re-bidin thev lack of bidding contractorsand/or failure of the lowest responsive, responsible bidder to executethe contract, vie a payment and performanceor show proof of requiredinsurance. i . 'Changes Work. Ther reserves the right to make changes to the plansspecifications and the Program Improvements, at its _. ...... __ - ............ _. APWPe?V0*wer Noise Insulation t Page 4 of 28 sole discretion, at any time uric the Program process, providedh changes do not reduce the r quality of the Program Improvements describExhibit Q and changessuch necessitated the discoveryf hidden conditions not readily detectable I property inspection 11. Acceptancecompletion f the Program Improvements, the Programshall inspect r cause the inspection of the Program Improvements to detennineIf they completed rat to the terms f the contract. The ProgramManager retains sole discretionand authority n program conformanceissues as they relate to the Contractor, subcontractors, suppliers and acoustic designs. The Propertyis requestedto attend the Substantial I tl Inspection l input to the ConstructionManager with respect to the identified punch-list items. I it , the Propertyis welcomet aftend the FinalInspection. In the event the PropertyI to not attend the Substantial I tl I I Inspections, 'they releasen r their ability t provide Input to the n t I Ith respect to the t f the Program Improvements. the t there is a disagreementn the Property Owner and the r as to a confbrmance or performance issue, the Propertyr shall be requiredto submit the I m, n in writingto Monroe Coun,ty (representative t fig the NIPconstruction within f the inspection I i to the discrepancy. shall then make a determination to the acceptabilityf the f w n issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/perforrnanc.o/lssues, Failurethe r tl submitthe written complaint Ithi the time rlod specified above shall thereafter foreclose the Property Owners right to fileh complaint. 12. Tlermination pL&reement. The Property Owner understands that the signing f this t Initiates both the I nd CONSTRUCTION PHASES of the Program Improvements to be perfbrmed in accordance with the Program. Therefore, if the Property Owner attempts to terminate this r othervAse impedes the progress of the r f the Improvements after the f the construction contract, the Property Owner will be liable the County for any and all damages and all direct and indirect t thereby. 13. tl . The Countyt represent or warrant the level of noise reduction that the Property Owner will experience withinthe p suit f the Program Improvements f the m. . The County agrees that its contractt the Contractor will include standard one ( r warranties from the Contractor for all materials and workmanship, Such warranty rishall commence as of the time f the acceptancef the woric as provided for in Paragraph 9. b. t the end of construction, the r will provide the Property Owner YAth a WarrantyFinal Closeout Package which will contain copies the Ill instructions, I t legal docurnents. As condition f receiving the Warranty & Final Closeout Package, the Property Owner ....._ ....... ...... _.�.. NoisePovpeny Owner Inm1ation Agmement Page 5 of 2 must first submit a completed NIP Property Owner SatisfacHon Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. In the event of claim, the Property Owner is solely responsible for pursuing' all future product warranty issues 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 to 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 issue(s): (1) The Property Owners inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owners inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that wananty service is required Wth respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty pedod for the product has not expired, and the manufacturer is currently conducting its business, and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencleq. The Property Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Rpnu! ments. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete al designated Pre-Work items utilizing their own funds and per the reguired deadlines as established by the NIP. In the event the Property Owner falls to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed fmm NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. Cit, Kay West Hard-Wired" Smoke Alarm Re ulrement. In y,A f " compliance with the City of Key West Fire Marshall and the City of Key West Building Department construction permit issuance requirements, the Property Owner will be required to install 120-volt "hard-wired" smoke alarms in their condominium in NopeM Owner Noise Imulation Agmement Page 6 of28 accordance with all applicable codes and regulationsthe required deadline as established the I . The Property Owner Will be responsibleto ensure that the smoke l not installed in same areas withinthe condominiuma I W tt modification ill occur. to avoid any Dotentlal impedance to the NIP construction qpcess., In-the vent the Property Owner falls to install the designated "hard-wired" smoke l by the established NIPe li , the Property Owner shall be removed from NIP participation. 17. Suspension of ProgramProcess. The Program process may be temporadly suspended at any time dudng the designand/or construction phases upon the discoveryDeficiencies to their potential impact n the Program Improvements an nti . The Program process will not resume until the Property Owner has corrected all related problemsto the satisfaction of the Program Manager. In the event repairsnot completed in a timelymanner, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delayand/or stoppages of the work. 18. Limitation on Alterations to the,,,,, rt . The p er agrees not to make alterations, or to penni# any tenant occupying any portion of the Property to make alterations to the existing windows, o and/or walls from the time f the Design process until the construction of the Program Improvements have been completed. xc ti this rule must - v in writingthe Program Manager. Failure to adhere to this requirement , at the option of the Manager in its sole discretion, ult in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County r all direct andindirect associated with unapproved alterations damages related thereto. 19. Pre and Post-Construction Noise Testing Process. post- construction note testing is a very important is designed t measureand determine theI achieved noise level reduction level at treated properties. If selectedthe Program Manager for - & post-construction noise testing, the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of the pre-construction note test to the post- construction noise test.. In an effort to insure consistent noise collection, the OwnerProperty also agrees to preserve the interior layout of fumiture, floor coverings and window treatmentsthe time of the pre-construction noise test to the post- construction noise test. The Property Owner undeirstands that the failureto adhere to this requirement may result in corruptionf the noise i t . Therefore, the Property Owner understands they be liable the County for any direct andindirect noise testing costs in the event these requirementsnot met. . _Cooperation. As reasonablyu to , the p ner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited , the removal and reinstallationf rugs, wall hangings and fumiture as necessary. OwnerPropeny o' e Insulation Agmement Page 7 of28 1. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary carry out the Program Improvements. Design22. and Bid Process Access. At scheduled times for upon not less than t - ur ( ) hours advance oti (via ! d andlor letter), the OwnerProperty agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, iCounty, t federal inspectors and consultantsc the Property to collectdevelop II final design and biddocuments. These visits could include, but not be limited t , property survey, design , hazardous material inspection, pro-noisei pro-bid visit. In the eventr falls provide s to the Property for all required NIPsin and Bidvisits, the Propertyn r shall be removed from NIPa ici tio . . Pre-Construction Access. The Property Owner agrees to provide access o f forty-eight O hours prior to the scheduled art of NIP construction. This short Visit ill provide the Program Manager with the abilityto ensure that the Property Owner has met all furniture storage responsibilities. Failure could result in the suspensionof the scheduledI n ion and the r shall be liable the Countyand/or Contractor for any and all resulting damages and all direct and indirect t related h . 24. Pre and Post Construction Access. At scheduled timesfor upon not less than -four ( ) hours advancenot! (via 1 11 andlor letter) and r the establishedI ion schedule sin r agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State e l inspectors and consultantsthe Propertyto provide II required NIP - s ion and Post-Construction visits. These Visits could include, but not be limited final measurement, pre-construction inspections, review o Designated rage Space requirements, construction inspections and post- construction noise testing. In theevent the Property Owner fails to provider all required [ t Construction Visits, the Property Owner shall be removed from NIP participationn p r shall be liable for Contractor for any and all resulting damages and all direct and indirect s related thereto. 25. Construction Period Access. Upon award of NIP construction contract, the Contractor will provide the Program Manager with their final construction schedule, is ill include the i r of calendar to complete the NIP construction in eachof the participatingcondominiums. Based on this schedule, the ManagerProgram will assign eachr with a designatedr of calendar in which construction will occur in their condominium. The Property Owner agrees to relocatetheir condominium for the entirei time period. I addition, the Property Owner agrees not to re-enter their property for any reason during their assigned construction period due to safety concerns and the potential to negatively impact the Contractor. In the event the Property Owner falls to providefor their assigned construction time period, the Property Owner shall be removedI Prop"Oymer Oise Inndation Agreement Page 8 of 28 participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 26. Construction Period Extension Due to Hurricanes. Since the NIP construction period will extend into the Key West hurricane season, there is potential for construction delays and/or stoppages, beyond the control of the Contractor, in the event of a threat of an approaching hurricane and/or an actual hurricane event. Due to this possibility, the Property Owner understands that delays may occur in addition to their originally assigned construction time period, without any fault or cost to the Contractor and Program Manager. Furthermore, 'the Property Owner agrees to relocate from their condominium fbr all additional calendar days resulting from NIP construction work stoppages due to a hurricane threat or event at no cost to the County, Contractor and/or Program Manager. In the event the Property Owner falls to provide the required additional access to their condominium due to hurricane-related work stoppages, the Property Owner shall be removed from 141P participation and the Property Owner it be liable to the County and/or Contractor for any and all resulting damages and all direct and Indirect costs related thereto. 27. Discovery of Pre-Existing Deficiencies During Construction. In the event the Contractor discovers pro-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remedlate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pro-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. ® Impact of Unforeseen KWBTS Building Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arlse during the NIP construction may have the potential to increase the original scheduI ed duration of construction, which is not the fault of the Program Manager nor Contractor. The Propedy Owner needs to plan for the 'Wor'st-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days due to unibreseen building conditions that may arise and complicate the NIP construction. 29 Existing Window / Door Treatments, Shades and Blinds. The Property Owner understands that, after the installation of new NIP acoustic window and doors, the existing window and/or door treatments, shades and blinds may not be compatible nor able to be re-installed due to size differenoes between the new and existing windows and doors. 30. Existiq RQrowk N. During the installation of the new acoustic windows and doors, the NIP will be providing new "standard" replacement interior trim and sills. The Property Owner understands that the NIP replacement trim will not match custom and/or specialized crown molding patterns and/or custom window and door trim. After the completion of the NIP modifications, the Property Owner will have the ability to make modifications to the NIP Interior trim attheir own expense. Propeny Owner Noise Inndation Apwment Page 9 of 28 1. _Communication ui tints. The Property Owner es to reviewread and all I Pis and/or letters in a timelyin which are bin provided by the NIP to ensure schedule n r nc . In the eventthe PropertyOwner fails to meet this requirement, it could result in removal from NIPparticipation. 3 . Title Examination. The Program Manager has obtained t will obtain, its sole cost and expense, an uAbstract of Title" to ensure that the Property title is free from liensand/or title defects. 3. Coo a to iuuuuuuuuu!ring itlPrior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate withthe County in order to (I) correct any title defectsaffecting the Property which are disclosed by the 'Abstract of Title" and in the solet i ti of the County may serve t invalidate the Easement, and (ii) secure the written consent of any and all mortgage holdersthe Property Owner's conveyance of the Easement to the County if the County determines that it is necessary r desirable to do so (collectively, the "Title Matters"). I , prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, t i t the Title Mattersi the Property may invalidate the Easement, this Agreement shall be null and void, n the Easement shall be terminated. . Federal Assurance. s required by the Federal Aviation Administration, the Property Owner agrees to the followingvisions: a. The Property Owner shall subject the construction work on the projectto such inspection and approval during the construction of the Program Improvements am completion of theImprovements as may reasol be requested by the Program Managerand/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibilityr maintenance and operation of the items installed, or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. 5. Reduction of Fresh Air Infiltration. The Property Owner will b required sin Exhibit E (Ventilation old Harmless Agreement) which Imputes all responsibility to the Property Owner for the proper maintenance of interior moisture humidity levels. 36. Salvage of Materials & Eguipment. If the Property Owner desires to in any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and ei i ly with the Contractor at the Property Owner's sole risk expense.and The County assumesresponsibility r the condition of the material, equipment or surrounding surfaces as a resultthe owner-requestedsalvage. The Propertyner and the Contractor shall, prior to the commencement of construction, agree upon and executea document listing those items to be salvaged. In the absence ....... ...............................................e ................... _. ._. Peopeny Owner Noise 14=14tion Agmment Page 10 of such a writtent, all Items shall become thethe Contractor. Materials and ei not listed for salvage by the Property Owner shall become the property of theContractor. Insurance. uri construction period, the Contractor will provide buildersrisk insurance for the Property. The Property Owner shall have the option, the Property Owner'ssole cost and expense, to maintain homeowners insurance policy for the durationthe construction of the Program Improvements. ner understands that, following final completion, the Contractor's builders risk insurance ill cease, and it is advisabler the Property Owner to obtain insurance to cover any value o the Property by the Program. . TjmLlng. and Construction. Owner understands that there is a chancethat construction itself a the Contractors original projected construction time period. The r also understands that the construction may involve substantial inconvenience and cout t significant quantities of dustn rirendering ion of the Property uninhabitablefor extendedrio of time. 39. Labor and Material Release. The Property Owner releases forever i s s any and all claims, suits and actionsit the Program Manager; the County and its officers, employees, agents, consultants; suppliers it to issues relatingthe conformancelabor, materials acoustic designs utilized in the Program Improvements. thi in this paragraph shall limit rr ti for materials andworkmanship contained in the contract with the general contractor. 40. Sale of Prop In the event the Property Owner sells, conveys or otherwise transfers title to the Property before thecompletion of all phases process,Program the Property Owner hereby agrees to provide the buyer with of this prior to the closingon the sale, v r other transfer, and to transfer Il of the Property Owner'sresponsibilities obligations t this Agreement to the buyer as a conditionthe purchase, conveyance or other transfer of the 1. Waiver. No waiver , acquiescence i , or consent to any breach o any terrn, covenant or condition hereof shall be construed , or constitute, a waiver o , acquiescence i , or consent to any other, further or succeeding breachthe same or any other term, covenantr condition hereof. Release42. _ t. In the eventi a t i cancelled or the Countyf i h the t should be releasedf record, the Property Owner, upon written requesth oun , shall pay to theCounty sum of One Hundred Dollars ( 1 ) to cover the costs of the preparation recordingof the Releasef Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owners responsibility to insure c t is made in order to "clear" the title to the Property. l tion ®_.® _............�.�.-. ....P�,qpen�,Owner Noise . Page 11 of 2 hq!jtyjo ExecuteCounty. By ResolutionNo. t t t R004, duly motioned t_a lawfully Ili meeting, the Boa County Commissioners the 17th day of Marcht full authodty for the CountyAdministrator to executet l t on behalf of the w Countylth further actionthe Board of County Commissioners. " Attachments. Attachments to this ment include the following, whichincorporated into this Agreement by fry m a. Exhibit A: Program Policyt t t . b. Exhibit I Description c. Exhibit Improvements. d. ExhibitDeficiency 1Harmless Agreement e. Exhibit Ventilation of Harmless 45. General itl a. Goveming, s Venue, Interpretation, _Cost iand Fees. (t) This Agreemerat shall be govemed by and construed accordance with the Laws of the Statef Florida applicableto contractsto be performed entirely in the State. ( In the event that any cause of action or administrative proceedingis instituted for the enforcement or interpretation of Countyrrtr this Agreement, t that "ll Il In t ® t r before the appropriateadministrative in Monroe County, (3) The County and Property Owner agree that, in the event of conflicting irderpretations of,the terms or a term of this t by or between any of them, the issue shall be submittedto mediationm r to the institution tl' r administrative r legal proceeding. (4) The County and Property Ownerthat in the event any cause f action or administrative proceedingIs Initlated or defended relative to the enfiorcement or interpretation of this Agreement, the Iliashall be entitled to reasonableattorneys' fees, , investigative, and out-of-pocket expenses, as n award against t non-prevailing i n proceedings initiated and con t t to this nt shall be in accordance withthe Floridai f Civil Procedure and usual and customary procedures required the circuit f Monroe County. " i �, The terms, covenants, conditions, and provisionsf this t shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, , and assigns. Aropeny Omer Noise Imuladon Agmment Page 12 o,f 28 c. eve illy if any term, covenant, condition or provision of this Agreement ( r the application thereof to any circumstance r ) shall be declared invalid r unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid n shall be enfDrceablethe fullest extent permittedlaw unless enforcement of the remainingterms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of thisAgreement. d. thparty represents and warrants to the other that the execution, delivery andthis Agreement have been duly authorized II Countynecessary rty Owner action, as may be required1 . e. Duration of A Areement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the Countyn II remain in effect for a periodreasonably i to effect the Program Improvements ( "), except as may be sooner terminated i accordance with the provisionsof this Agreement. Acceptancef. o . ssis nc , oru s. The County andr agree that .II b , and i , empowered to accept for benefitthe f any or all of them, gifts, grants, assistance funds, or bequests to be used r the purposes of this Agreement. g. Claims for Federal or State Aid. The Countyr agree that each shall be, andi , empowered to apply for, seek, and obtain federai and state funs to further the purposethis t; provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approvedthe Countyprior to submission. . Adjudication of Disputes 2r Disagreements. The County OwnerProperty agree that all disputes and disagreements shall be attemptedto be resolved by meet and confer sessions between representatives of eachthe parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seeksuch relief or remedy as may be providedthis Agreement or by Florida law. i. Nondiscrimination. The Countyr agree that there will be no discrimination against any person, and it is expressly understood that upon a determinationn jurisdiction that discrimination has occurred, this Agreement automaticallyr i s without any further action on the part of any party, effective the date of the courtr. The Countyr complyagree to it II Federal and Floridatut n II local ordinances, applicable, I tin to nondiscrimination. These include not limited t : (1) Title 1 of the Civil Rights Act of 1 (P. -3 ) which prohibitsi ri i tin on the basisc , color or national origin, ( ) Section 504 of the Rehabilitation Act of 1973, as n ( ), which prohibits discrimination on the basisa i ; ( ) The Age Discrimination1 1 1 1 ), which _--. ... . .._....__. ... ..... OwnerPropeny e Insulation Agreement Page 13 of 2 prohibits discrimination on the basis of age; ( ) The Druguse Office And Treatment Act of 1 ( .L. 2- ), as amended, relatingo nondiscrimination on the basis of r ; ( ) The ComprehensiveAlcohol Abuse And AlcoholismPrevention, Treatment and Rehabilitationf 1 ( .L. 1- 1 ), as amended, relating non iscri in tin on the basis of alcohol abuse or alcoholism; ( ) The Public Health Service1912, as. 523 and5 , (42 U.S.C. 290 dd-3 anda - ), as amended, relating nfi eiali alcohol and drug abuse patient ; ( ) The Americans With Disabilities1990 ( . . 1201 Note), as may be amended from time time, relating nondiscrimination on the basis of disability; ( ) The FloridaCivil Rights Act of 1992, (Chapter 760, Floridatut ion 509.092, Floridat tut s), as may be amended from time time, relating nondiscrimination; ( ) The Monroe County n Rights Ordinance (Chapter 1314, Article III Sections 1 -11 through 1 -1 ), as may be amended from time time, relating to nondiscrimination; and (1 ) any other nondiscrimination provision in any federal or state statutesr local ordinanceshich may apply to the parties , or the subjectmatter of, this . j. irr. In the event any administrativer legal proceeding i instituted i it r party relating to the formation, execution, performance, or breach of this Agreement, the CountyProperty Owner agree to participate, to the requiredextent the other party, in all proceedings, hearings, processes, meetings, and other activities relatedto the u i t or provision of the services under this Agreement. The Countyn n r specifically agree that no party to this Agreement shall be requiredto enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. Books,k. Records. and Documents. County and Property Owner shall maintain books, records, and documentsdirectly pertinent r this n in accordancewith llaccepted accounting principles consistently li h party to this Agreement or their authorized representatives shall have reasonabletimely to such records of each other party to this Agreement r audit purposes duringthe term of the r four years following the terminationthis Agreement. I. Covenant of No Interest. The Countyn rt Owner covenant that neither presently has anyinterest, and shall not acquire any interest, which would conflictin any manner or degree withits performance under this Agreement, and that only interest of each is to performi fit s recited in this . m. Code of Ethics. The Countythat the officers employees the o ize and will be required to comply with the standardso conduct relating o public officers and employeesdelineated in Section 112.313, Floridat tutes, regarding, but not limited t , solicitation or acceptance of gifts; doing business with one's agency, unauthorized compensation; i of public position, conflicting employment or contractual relationship; and disclosurer use of certain information. Propen�v Owner Noise Insulation Agreement Page 14 of 28 Solicitation/Payment. The County and Property Owner warrant that, in respect to betf, it has neither employed nor retained any company or, person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or maI ing of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public Auvuuvuuvuu.mass. The County and Property Owner shall allow and permIt reasonable access to, and inspection of, all documents, papers, letters, or other matedals subject to the prDvisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by the Property Owner. Public Records Compliance. Property Owner must compI y with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and Mated to contract performance. The County shall have the dght to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the COUnty may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attomey's fees and costs associated with that proceeding. Ttils pmvision shall survive any terminationor expiration of the contract. The Pmperty Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with ttils provision. watt F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public racords that would be required bythe County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt fmm public records disclosure requirements are not disclosed except as Ow'ne'r'No'ise'lnsula'tion-A,gree'ment -"Page'_1,J,_of'2'8... authorized by law for the duration of the contract term and following completionthe contractif the Property Owner does not transfer the records to the . ( ) 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 wouldbe requiredthe County to perform the service. if the Property Owner transfers all public records to the County upon completionof the contract, the Property Owner shall destroy any duplicate public records that exempt r confidential and exempt from public records disclosurerequirements. If the Property Owner keeps and maintainspublic records upon completion of the contract, the Property Owner shall meet all applicable requirementsr retaining publics. All storedrecords l is Ilmust be providedto the County, upon request from the County's custodian c , in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relatingto a County contract t be made directlyto the County, but if the Countydos not possess the requesteds, the CourTty shalli eitl notify the Property Owner of the quest, and the Property Owner must providethe records to the County or allow the records to be inspected r copied within a reasonabletime. If the Property Owner has questions regarding the application o Chapter 119, Florida Statutes, to the Property Ownees duty to provide public records relating to this contract, contactthe Custodian of Public Records, Brian Bradleyt (3 ) -3 . p. Non-Waiver of lmmunjty. Notwithstanding the provisions of Sec. 768.28, FloridaStatutes, the participation of the County and PropertyOwner in this Agreement and the acquisition of any commercial liability insurance coverage,. self- insurance v , or local government liability insurance pool coverage shall not be deemed a waiver of immunity the County to the extent of liability coverage, nor shall any contract t into by the Countyi n i vision for waiver. q. rivil and Immunities.. All of the privileges and immunities from liability; exemptions from laws, ordinances, rules; and pensions and relief, disability, compensation, n other benefits which apply to the activity ice , agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits the County shall apply to the same degree and extent to the performance of such functions and dutiessuch officers, agents, volunteers, or employees outside the territorial limits of the County. r. Legal Obligations and Responsibilities Nor-Delqg, tin o Constitutional or Statuto Duties. This Agreement is not intended t , nor shall it be construed s, relieving anyparticipating tity from any obligationr responsibility imposed upon the entitylaw except to the extent of actual and timely o a thereof by any other participating entity, in which case the performancebe offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed , authorizing the delegation of the constitutional or statutory uti of the County, t to the extent permitted by the Florida constitution, Propeny Owner Noise.1nmiation Agreement Page 16of 28 state statutes, case law, and, specificafly, the m i ns of Chapters 125 and 163, Rodda Statutes. Non-ParHes. No person or entityit be entitled to n the , or any of them, of this r m nt to enforcef to enforce may Wrd-party claimr entitlement to or benefit of any serAcer program cont mplated hereunder, and the nd Property Owner agree that neither the Countynor Property Owner or any agent, officer, or employee of each shall have the authority to Worm, counsel, or otherwiseindicate y particular individual rr group f MdIvIdoWs, entity or entities, have entitlementsbenefits mr this mat separate and apart, Wedor to, or superior to the community in general or for the purposes contempWted in this Agreement. f. Aftestations. The PrDperty Owner agrees to execute documents the may m require in the m of the li f m and duties of the CountyOwner under this Agreement. mu. No Personal Liabift. No covenant or agreement oontWned herein shaH be deemed covenant nt r agreement of any mr , m r, agent or employee f Monroe Countyin his or her individual capacity, and no member, officer, agent or employee of Monroe County shaH be liable personally on this Agreement or be subject to l liablUty or accountabilityy reason of the mli m f this Agreement. . Execution in Counterparts. This of may be executedin any number f counterparts, each of which shafl be regarded as an original, all of which den together Wl cDnstItute one and the samefttrument andmay of the i heretomay cut this met by signingy such f m . w. Section Headings. Section headings have been inserted in this Agreement as a matter f convenience of reference only, and it is agreed that such section headings arenot a part of this mrm nt and will not be used in the interpretation of any provision of this mom ref. Pmper&Owner Noise Insulation Agreement Page 17 of 28 IN WITNESSProperty r and the County have executed this of the day and year first v ri . olli 74, 1 Signature r411 i na do Name Y� 3 do m Id tu I� " Date Pdrited Name W PROPERTY OWNER: „, 7V47 Signature _ s �.� Ott Printed Name ' a ,.ghture _ r Date Printed Name ., OF COUNTYCOMMISSIONERS: `7 ;a�! ,`,; t. � ••i+ SLY CLERK o'.9 Deputy Clerk Signature 70 •. MON � o AT1Oi NEY ...,._..,._...®................._....,.,.................,., ..,....., Y ............... ... ...,.,.,..,............. >............ Rr„,. w� (.,�*',�J paf g, �. �tbd+Y.,,-.v�.•y r „ .,._,. .wc �....,, m„ ,,.. OwnerProperty Nobe Insulation Agreement --- RQ - e 1 f 28 . ' AT �� r . PROGRAM POLICY �TATEMENTS Exhibit NoiseTo Property Owner I ti A. Air Conditioning: General Restrictions. Whileproviding a new ductless "mini- split' AC systemto your condominium as a part of the Noise Insulation Program modifications, the followinglimitations an fictions will apply to all condominiums: 1. All condensing units will be installed on the balcony . All refdgerant lines (running from the balcony condensingunit) will be installed consistent with KWBTS Boardpolicy rules, maintaining a maximum height of 48 inches. 3. All condensate lines will be installed on the building extedor consistent with Board policy rules to ensure the highest level of consistency and building architectural aesthetics. . All intedor AC lines (reftigerent, condensate, electrical) and Energy Recovery Ventilator ( ) ducts will be housed in now vertical wall and comer pilasters which ill be constructedto match the quality of existing walls. The number and locations of the new vertical wall and comer pilasters will differ depending on your unique condominium floor plan and number of bedrooms. The NIP executivei ill review this information With you at your NIP Design Review Meeting. 5. Only electirical service panels that are determinedthe Program Manager to b deficient will be replacedpart of the Noise Insulation Program modifications. WindowB. ill Replacement. Due to the presence of asbestos, the NIP will provide new custom wood surround and sill instead of the existing u board surround. 0 to this revised plan, existing custom sills (marble, ite, wood) will not be replaced. This revision will be an improvement, while decreasing constiriction costs and improving time efficiencies. CrownC. Custom l lRestrictions The new asbestos abatement ui men ill restdct the ability to removeexisting custom d baseboard prior to construction (as originallyassumed), which will not allow sufficient time for the awarded general contractor to secure custom matched replacement trim. Therefore, existing crown moldings, wall tdm, and base, the contractor will, instead, cut the existing o trim flush to the face of the new pilaster or thru wall c-infill. At new pilaster locations and, if the thru wall ac infill abuts the existing baseboards, the contractor ill install a standard ( " x 5-1121 painted wood trim to abut the existing tHm, rather than attempting to match the existing custom tri files and matedals. After the completion of the NIP construction, the propertyowner will Exhibit A-Property Oymero' Insulationend Page 19 of 2 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Helgh . Due to sthrigent Florida hurricane impact and water Infilt building codes, all new aluminum acoustical prime entry Winging doors and sliding glass patio doors will have thresholds that are considerably higher (frorn the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during a hurricane. E. KWBTS Asbestos Testing As required by state and federal requirements, THC conducted asbestos testing an all participating KWBTS condominiums in Buildings A, B and C during the November 2017 to April 2018 time period. This testing included collecting 7 to 9 samples at each condominium to include gypsum board joint compound, window glazing, and exterior window and door caulking. In addition, random exterior stucco samples were collected on both the 'Walkway" and "courtyard / balcon;�'bullding elevations. Depending on the laboratory analysis of these samples, the presence of asbestos containing materials (ACIM) have the potential to impact several areas of the NIP construction process to include: - window removal and acoustic window installation, - door removal and acoustic door installation, - removal of portable "through-wall" AC units and the infilling of openings, - ceiling cuts required for installation of the ductless AC, . wall cuts required for the installation of the ductless AC, - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, - construction of closet soffit lbr installation of the ERV. F-. Asbestos Abatement Requirements In ttie event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the fbit ng abatement requirements during construction: If samples show a presence of ACM < 1%, The NIP contractor Wil be required to comply with OSHA wodcer safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. Exhibit A-Property Owner Noise haulation Agreement Page 20 0f 28 If samples show,rya presence ofmACM >1% The NIP contractor will be requiredfull asbestos abatementprocedures directedy the Environmental Protection Agency(EPA) to include: Construction of ACM containment barriers in all a (wells, ceilings, closets, i o r ), approximately 4 feet from all walls and areas impacted the NIP modifications. Abatement and bagging (resulting liiprocess) by certified s abatement staff. ir sampling of containmentand clearance II areas by certified asbestos abatement staff to allowcc i areas by traditional (non-abatement) workers. THC ill be requiredprovide executive oversight all ACM abatement processesin all condominiums throughout the NIPn i n process to properensure compliance withfederal and state abatement guidelines. presenceThe ill have a significant impact on the NIPion process, lengthening the construction period andincreasing the sequencing and coordination i is of contractor crows. Given the cost to providei , the FAA ill require THC to developdesign and construction plan that minimizes the disturbance n the minimizationf construction costs, duration, liability t r and KWBTS property owners. This plan will result in new property owner requirements andi ions which are outlined below. H. KWIBTS BOARD Author& of Dealo !_i_ The KWBTS Boardill have the tri to makeseveral of the i eciion include: 1. Acoustical Window and Door Material 2. Acoustical Window andDoor Color and Hardware Finishes 3. Acoustical Window and Door Operational Styles 4. Interior Ductless uMini-Split" AC System Installation Requ . Interior Ductless "Mini-Split' ACInterior Soffit Design and Placement 6. I - !I!ed Kitch n Prime Door Policy Treatment Exhibit A- Owner Noise Inniation Agreement Page 21 o,f 28 LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Unit No. 217-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. ahibit B-Property Omer Noisel ul nt Page 22 off8 PROGRAMIMPROVEIVIENTS Exhibit C To Homeowner Noise Insulation Agreement This Erhibit 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) ...... ........ &h1bit C-Peopeny Omer Noise Insulation Affeement Page 23 of 28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1 In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program 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 ExhibM Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal mpresentatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of Its, agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injudes or death, damage to the property, and the consequences themof, 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-Exisfing Deficiencies (the "Deficlencles") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands and assumes full responsibility fbr the Deficiencies present in the Property, Whether visible to the Program Manager or unseen. 3. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazArdous materials, infestation and/or any issue that would negatively impact the installation and perfiormance,of the Program Improvements. 4 If visible, the Property Owner understands that the Prograrn Manager may identffy arid document Deficiencies at any time throughout the Program process, (Including design, bid and construction processes). If identified and docurnented, the Program Manager will classify the observed Deficiencies as either"Minor' or aSevere". 5. The Property Owner assumes full responsibility for the worsening af any docurnerited Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are Identifled during the design process, the Property Owner agrees to complete necessary repairs to the Prop", to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Prograrn Improvements. In the rare event that "Severe" Deficiencies are uncovered dudng the construction pedod, the Property Owner agrees to complete ...................... Exhibit D-Properiy Owner Noise Insulation Agreement Page 24 of 28 necessary repaIr'sto the Property, t the acceptance of the Program Manager to minimize any dem r Stoppages of work. 7. The undersigned acknowledge and agree that all of the releas,e and hod harmless and �ndernnfty provisions set fbrth In Paragraphthis Exhibit Q applyt property damage, �njufies, deaths, or damages arising from the DerUencles and/or all negative impacts t t later result after the additionof the Program Improvements, provisions of this Exhibit Q shall survive the termination or expirati the Property Owner Noise Insulation Agreement. 8. The undersignedr that the terms and provisionsthis Exhibit shall be bindingn, ar inure to the benefit of the undersigned and their respective Pemonal representatives, successors and assigns. WIT PROPERT'Y OWN"" �. �. a rk � m Pdntod Name I, (( a ranted Kam- � nat 6 na« G f d J Date .. e. ... — ...................... ...... _........m.._. t WITN�S�SVS.- PROPERTY OWNER: Signature USigni(bre PrInWd Name w.. Sr ture Ltne Y' Printed m Name .. �..... �_..®__........ ®... _.r' IT _ PROPERTY : Signature �_ ...— Signature iir-ked Name Printed Name I Signature bit-s _ _ P Name a__....... . ..__.. ....... __..� i it - e Noise l P o 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 Exhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, ibrever releases, remises, discharges, inderrinifies 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, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against said County or any of its officars, 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 Othrough-wall" portable air conditioner it 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 will also include the addition of a energy recovery ventilation (ERV) unit which wIll 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 limitations, the Program will not be providing bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of moisture generation in the irat environment of a condominium, the Property Owner agrees to assume full responsibility far ensuring that all bathrooms have an operable bathroom exhaust fan capable of properly 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-Property Owner Noise Inwiddon Agmement PW 26 of 28 bathroom moisture in a central building exhaust shaft. Duflng the i mn survey process It was discovered the buildings lack a solidcentral building exhaust shaft. Due to this existing condition, these originalwall ventsstillpresent) have the potential to providet r unwanted air, smoke and/or gases Into the condominium Interior. Time Property Owner agrees to assume full responsibility for the sealing f original wall vents in all bathrooms and for any andall negative Impacts that may suit if left untreated. 5. It is cleartybuilding code violation to duct laundryr exhaust to the centralKWBTS m w In the event a Property Owner has incorrectiy their laundry dryer vent to the KWBTScentral building exhaust , they agreet correct this deficiency by intheir laundry r exhaust in an alterinative methodthat meets current building code, at their t before the Initiation f the mconstruction process. Furthermore, the Property Owner agrees to assume any and ll liability I the improper inn f their laundry dryer exhaust. Owner6. The Property understands that the mnm Improvements Wil not address kitchen and bathroomtil ti rm and/or excessive interior humidity levels generated by the Propertyn it imn the interior nn mnmimniuu . The Property Owner understands and assumes full responsibility for maintenance of interior moisture and humiditylevels. The Property Owner agrees to assumefull responsibility for an,y reoccurrencer worsening of moistureland/or interior humidity levels In the . In iti ran, the Property Owner agreesfull responsibility ili for the maintenanceand ti f the NIPventing ifii tI ran r completion tl f the Improvements. 7. The undersignedacknowledge rand agree that all of release, hold harmless and indemnity n n t forth is Paragraph t of this Exhibit E apply injudes, deaths, or damages sustainedin connection with r result f any and all Interior ventilation es arising after the addition of the r Improvements Including, but not limited , high humidity, mold, mm fl ,- r lack of proper exhaust ventilation. The provIslons of this Exhibit E shall survive the termination or expiration of the Property Owner Noise Insulation Agreemennt. W The undersignedhereby r that the terms andprovisions this Exhibit In it be bindimngn and inure the benefit of the inn their respectiveI , personal representatives, successors andi nn . WIT PROP, / 1 Signature� QT�„'fY p y v I �.. i'rmn Ale , a i Nr tis a ,. v' v m_ F Date it - er o' itio t o 2 ITNE PROPERTY OWNER: m�, aua Ina � � � � �� � � y rcnn Printed Name ..M r Printed y Date Printed a e WITNESSES: PROPERTY OWNER: i Signature Pdn Nam �-' Printed Name I In ............Printed .._ 8 I Name Exhibit E-Property Ownero Insulation t Page 282