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09/18/2019 Agreement/Easement-C218 �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 T Doc#2263746 BR#3@IBPS#2432 Heather P. Faubert Recanied 1/2 11:14 AM PW 1 of 4 NIP Assistant Project Manager 'THC, Inc. Dead 710 DeculaSuite 1 s of Dacula, GA 3004 AVIGATION Key West International Airport Noise Insulation THIS T AGREEMENT is entered into thisli day of 20 , by"JOSEPH T. MARTINET", hereinafter referred to as"the Property Owner," in favor of the U COUNTY COMMISSIONERS, y politic and corporate, hereinafter fer d to as n C ." RECITALS: A. The Property Owner is the fee simpletitleholder to certain realp ("the ) located in Monroe County, Florida, more particularly described asfollows: Condominium Unit 1 - , 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, recordedin Official Records Book 589, Page 370, as amended from time to time, of the Public Records of Monroe County, Florida. also identified as street address: "2601 S. Roosevelti " B. The BOCC is the owner n operator of Key West International Airport("the i ort") and desiresto make propertiesthat, through interior noise exposuretesting, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes u h the implementation 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 Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. Grantingof an Avigation Easement (" m nt") is a BOCCnitro of participation in the NIP. The Easement will supersede any implied or prescriptive easementsthat 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 1982, andill include funding from the BOCC, actingin its capacityas the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property —m....______ mational Airport NIP—Avlgation Easernent(Unit 18) Page 7 of 4 Owner Noise Insulation Agreement with the BOCC. The C ' implementation the NIP will benefitth Property Owner and the Property by providing certainremedial sound attenuation construction on all eligible residential structures on the property necessary to achieveion in DNL indoor noise levels of at least 5 dB and bring the average interior noise level below 45 dB in accordance withFederal Aviation Administration policy. ,. The Property Owner fully understands that the NIPeligibility l change at some future time, t is currently d on the1 isti Condition Noise accepted by the Federal Aviation Administration ("the ") on December 19, 2013. G. The NIP will be administeredin accordance withthe current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose f this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. THEREFORE,NOW for and in consideration of the improvements to be made to the Subject Property through the NIP, the receipt and adequacyof whichis hereby acknowledgedboth parties, and in consideration and incorporation into this Avigation Easement of the recitals t forth above, the Property Owner and the BOCCe as folio 1. The Property Owner on behalf of the Property Owner and its heirs, assigns nall successors in interest, dos hereby grant, bargain, sell and convey to the , its successors n ssi s, a perpetual avigation easement over the . The use of the Easement shall include the right to generaten it noise n to cause other effects as may be associatedwith the operation af aircraftover or in the vicinity f the property. This Easement shall apply to all such aircraft activityt the Airport, present or in whatever fbrm or type, during operation at, on, to or from the Airport, and it being the intent of the partiesthat all such Airport activity shall be deemedbe included within the purview of this Easement. . 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 C or its successor in interest as owner and operator of the Airport. . The Property Owner on behalfthe Property Owner, its heirs, assigns and successors in interest,does hereby releasethe n n II related parties of the BOCC, including but not limited to BOCC members, officers, e agents, servants, employees and lessees, from anyn II claims, s n , damages, debts, liabilities, costs, attorney'sfees or causes of action of everykind or nature for which the Property Owner r its heirs, ssi , or successors currently have, have in the past possessed, r will in the future suit of Airport operations or aircraft activitiesn noise levels I to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited a a to the above-mentione propertyr contiguous property duenoise, and other effects of the operation of the Airport r of aircraft landing or taking off at the Airport. Key West International Airport NIP—A ° atlon Easement(Una OC218) Page 2 of . This Easement expressly excludes and reserves to the Property Owner and to the PropertyOwner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or experts fee, or causes of action for physical r personal injury caused by anyaircraft r part of anyaircraft in the Easement that does identifiable physi l damage to the property r injury to a person n the property by cominginto direct physical contact with the property or the person on the pro 5. Should either party heretoor any of their successors or assigns in interest in counsel to enforce anyof the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any allegedo any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limitsd to, attorney's attorney' fees and incurred in connection therewith, including II to action. provision of this Agreement is to be interpreted for or against any party becausethat party or that partys legal representative drafted such provision. This Agreement shall be interpreted an construed according to the laws of the State of Florida. 7. No breach of any provision of this Agreement may be waivedunless in writing. Waiver of any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is heldinvalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate n other provision hereof so long as the remaining provisions do not materially alter the rights obligations the parties. I such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of t or breadth permittedlaw. 8. In the event the Airport shall be subdivided into more than one parcel, or the Airportr a portion thereof becomes subjectto operation, management r administration by a party in addition to or in lieu of the BOCC, then and in that event the parties that same shall not terminate or otherwise this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, n that any such successor in interest to the BOCC shall be entitledto all of the benefits running to the BOCC hereunder. . The Property Owner agrees that the Property Owner shall bear and be responsibler all costs of maintaining andoperating n sound attenuation materials andequipment installed in the Property y or on behalff the BOCC. Key t International Airport NIP—Avlgatlon Easement(UnR 29 ) Page 3 of 4 This Easement Agreement is executed as of the date first above written. .............. —------- PROPERTYOWN&R: xrPROPERTY OWNER: Signature I jZ*WC .......... F,lifinted Name Printed Name Date ON STATEOF COUNTY OF V The foregoing instrument was acknowledged belbre me this i9—dayof 20 by . ............ Property owner Narne(s) A My Commission Expires: Wciiiry Publi�7xwnalf#, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAY9,ft, Signature Ig n, re V Printed Namd Signature Printed Name STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this -d&j'6f 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature m qj,qA0E COUNW AT70IF-1 NEY qJ11 'key West international Airport NIP—AvIgallon Easement(Unit OC21 8) Om P7, Page 4 of 4 i ........... Address: K M Weg by the Sea Unit .: C218 i PROPERTY OWNER NOISE INSULATION AGREEMENT INTERNATIONALKEY WEST I T, MONROE COUNTY THIS I INSULATION (this r is made and effectivelast belowwritten Y, a municipal corporation i i f r the laws of the State of Flodda (t "County"), and the undersigned ( ). : WHEREAS, the Property Owneri Ie record owneri I f certainI property located in the Cityn I d , and more particularlydescribed " " "Property"); and WHEREAS, the County is the owner and operator of the Key West International i i "), situated in the City , State of Flodda, and in close proximity ; and desiresWHEREAS, the County in and preserve for the use and benefitliflight r aircraft landing , toldng off from, r maneuveflng about the Airport; and OwnerWHEREAS, the Property has electedparticipatein the Key West International irport's Noise Insulation r "Program") and, as part of the Program, the Property Owner has electedi uti I treatments and improvements to the Property as more parfic f ri hereto ( Improvements'"); i Improvements to be paidt by the County at no cost to the Property Owner and in exchange for the granting of n avigation easement over, across and through the Property, and WHEREAS, the County will enter into a construction contract with general contractor ( r0) to provideinstallation Improvements; WHEREAS, the Program is managed by the consultantteam consisting managera team and assistant manager, architect, mechanicalt electrcal engineer, acoustician n i manager selected by the County (t n r°); n OwnerWHEREAS, the Property and the County mutuallydesire whichto the terms upon r ill participate in the Program and receive the Program Improvements nconditionsherein; THEREFORE, i i f the terms, covenants and conditions set forth here and other good and valuablei ti , the receo and NoiseProperty OWner f 28 sufficiency i reby acknowledged, the Property Owner and the County hereby agree as follows: . Grant of Easement. Simultaneouslyi tin of this Agreement, the Property Owner executed and deliveredto the County an avigation easement ( ) which Easement has been recorded in the publicrecords County,of Monroe Florida. The Easement remainsin fullf n i hereby ratified in all respects. Policy Statements. Consistenti r Federal Aviation Administrationi Improvement lii , Managerthe Program has developedseries Policy noutlining constructionli i ili r understands that prescribedImprovements ill be consistenti lic Statementsi the Property Owner by the Program Manager. A copy of the Program Policy is attached hereto as ExhibitA. Payment3. g Improvements. to pay for the Program Improvements in Exhibit . The Program Improvements ill be approvedthe Property Owner and County, Manager,Program and performed by the Contractor. 4. ip _i _ iive Bid Process. The Property Owner shall not impede or interfere withr iliselect manufacturers and subcontractors in the preparationi i I . To insure competitive bidis prohibitedhaving discussion r communication withthe Contractor in relation , the contractor'si r this Agreement until after award of the construction County. iture of the Property Owner to comply withi i i II, at the option of the County in its solei ti , result in disqualification cancellation f this Agreement. Construction5. Contract. The County will award the contract for the ProgramImprovements consistent i I and County competitivebidding lii procedures.and ill require the Contractor to complete improvements wi i fin r. Post-Construction RewD i bilKies. The Propertyr shall meet II responsi ities and requirements i i pre-construction - i a. Prior to the start of NIPconstruction, the Property Owner shall meet IIPre-Construction i include: (1) Removing all valuables (such as jewelry, coins, guns, heirlooms, .) from their condominium; (2) Moving of all furniture and belongingsinto the IDesignated Area"Storage Space within the condominium, r vi i i r areW ( i space i ) for the Contractor. When doing , the Property Owner will have the ability utilize complete I coiling" space. ( ) Removing of all excessive furniturebelongings condominium ill not fit in i "; ( ) Removing all window and door treatments (such as blinds, plantation .) and storing them i "Designated r ( ) Removing all electronic and dustsensitiveitems from their condominium ing with protectiveI r in "Designated Storage „, ( Removing all wall hangings (such as mirrors, pictures, i shelves, etc.) and storingthem i "Designated St "; ( ) Moving all smallit l i into eitherclosets bathrooms as outlined i i " Afterb. completion of the NIPi t shall meet all Post-Construction i include: ( ) Moving of all furniture and belongingsr in the "Designated their original positions in the condominium: ( ) Moving of any excessivei I i into the condominium; ( ) Re-installation ll wall treatments, doorr II hangings back to their original positions in the condominium. c. In the event the Property Owner fails nall of the Pre-Constructionabove i ilii , the Property Owner shall be removed from NIP participation II be liable r Contractor for any and all resulting damages and all direct and indirect I . d. In the event the Property Owner fails to perform any and all of the above - n t i n i ilii , the Property Owner shall be liable County and/or Contractorf r any andII resulting damages and all direct and indirect relatedcosts r . . Im. ig Construction. Once construction Improvements begins, the Property Owner shall not impede construction or alter construction I . In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding r altering constructionI . In the eventr or any tenant occupyingimpedes constructionr Noise Imuladon Agreement Pcge 3 of 28 . alters the constructionschedule, the Property Owner shall be liable Countyand the r any damages and all direct and indirect . B. Safe Workinq Environment. The Property Owner shall be responsible r providing a safe ! r the Program Manager, Contractor, suppliers, City, federal inspectors. . Throughout all phases of designt i n of the Program Improvements, the Property Owner shall be responsibler: (1) Providing a workingenvironment is free from potential health risks, biohazardconditions, chemicals, obstacles, weapons iand/or explosives; ( Refraining from verbal abuse orprofanity; { Refraining iv physical ; and ) Insuring II pets are completelyr ! . b. In the event the Property Ownerilforegoing conditions, the Program process may, at the County'sdiscretion, 'I time.suspended at any In suchr r shall notify Owner in ' i •v ( and/or condition(s ) required completed or performed by the Property Owner prior to the County resuming Program process. c. In the eventis not resumed due Property Owners failure to completei ( r condition(s) required by the Program Manager, the Property Owner shall be liable and/or Contractorfr any and all damages and all direct and indirect related thereto. d. If the Program process is resumed, the Property Owner shall be liable n and/or Contractorfr any and all damages and all direct and indirect costs related to or caused by the temporary suspensionprocess. Construction9. I . During the construction , the Contractor may experience unforeseen complications I i installation Improvements. The constructionr II provide that delaysrelated unforeseen complications are beyond the control of the Contractor and shall be excused so that the time for completion may reasonablyConstruction schedules may also be revisedif there is a delayin awardingt r if the Program Improvements re-bid in the eventf lack of biddingn and/or fallure of the lowest responsive, responsible i r to execute the contract, provide a payment performanceand r show proof of required insurance. 10. v_ ,.x. f_'f.,Work. r right to make tat I i Improvements, at its Property O*wer Noise o sole discretion, t any time n1 the Program process, providedt reduce the scope r quality of the ProgramImprovements described in Exhibit necessitatedsuch changes are iscovery of hidden conditionsit detectable during normal property inspection procedures. 11. Acceptance of Work. Upon completionImprovements, the Program Manager II inspect or cause the inspection Improvements to determineif they were completed contmct. The Program Manager retains solediscretion ri conformance and performance issues I r, subcontractors, suppliers acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection i input to the Constructioni respect to the identified -lit items. In addition, the Property Owner is welcome attendi l Inspection. In the event the Property Owner elects Substantial Completion and Final Inspections, I r their ability provide input to the Constructionr with Program Improvements. I v is a disagreementProperty Owner and the Programr as to a conformance or performance issue, the Property Owner Ii be requiredi i in writing (representative 1construction within the inspection givingrise is r II then make a determination as to thacceptabilitye issue remedial i II be the final arbiter of any conforrnancelperformancefissues. Failurer to submit written lit within the timeperiod specified II thereafterforeclose Property Owners right to file lit. 12. 'Termination pf Arimement. The Property Owner understands that the signing f this Agreement initiates th the BID and CONSTRUCTIONf the Program Improvements to be performed in accordance withProgram. Therefore, if the Property Owner attempts to terminatei notherwise impedes the progress of the performance of the Program Improvements r the award of the construction r will be liable II damages and all direct and indirect t 13. Warranties. r warrant the level of noisei r will experience withinIt f the Program Improvements perlonned as part of the Program. . The Countyits contract withthe Contractor will include standard one (1) r warranties from the Contractorfr all materials and workmanship. one-yearSuch warranty period shall commence as of the timef the acceptance of the work as provided for in . construction,b. At the end of r will provide the OwnerProperty with a WarrantyFinal Closeout Package whichwill contain copiesf the warranty policies, instructions, i legal documents. As conditionii Final Closeoutr � . ,,.. P.. ,f 28 must first submitI I Satisfaction to the Program Manager. After receiving the Warranty & Final Closeoutr understands that the warranty policies # in the construction Program Improvements r among product manufacturers. I l i , the Property Owner is solelyit r pursuing all future product warranty issues directlyi r. c. In the eventclaim, r r shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly coordinatei look solelyI contractor r for fulfillmentall warranties and for resolution of all product or construction warranty l ( : (1) The Property Owner'sinquiry is not directlyI it r constructionti r product warrantiesicleaning or product maintenance) regardless of whether the Property Ownersinquiry riduring - r warranty periodr thereafter; ( ) The Property Owner believes ! i requiredi t to constructionissues, and - r warranty generalfrom the contractor has expired; ( ) The Property Owner believes that serviceis requiredi issues,respect to product warranty v r the product has expired,not to r is currently conductingits business; and ( r believes that serviceis requiredi productrespect to issues, and the advertisedr the product has expired. 14. Pre-Existing r ' i ill be required sign Exhibft (Deficiency I I t) which will impute all responsibility liability IIPre-Existing Deficiencies r seen or unseen. 15. Pre-Work Rei _ r will be required to complete all Pro-Work, as requiredthe NIP !Iaccommodate the I modifications. Property Owner will be required I all e ion t Pro-Work t!I! i t it f p r ,.® i deadlines estalishe bd b the NIP. In the event the Property Owner fails to complete the designated - items by the establishedI li , the Property Owner shall be removed from NIPparticipation r shall be liable the County and/or Contractor for any and all resulting damages and all direct and indirect related . 16. Cityof Key 'Hard-Wired" I I I compliance i ity of Key West Fire Marshall and the CityBuilding constructionDepartment i issuance requirements, r will be requiredinstall - ! - ited" smoke alarms in their condominium i Prpper��Nozse Inn1afton _ _ en �_ of accordance with all applicable codes and regulations by the requideadline as established NIP. The Prmopertr • ill be real,.-jonsible ensure that the smoke alarms are not installed in same areas withincondominium r I modification ill occur to avoid _. i l impedance to the NIPconstruction process. In the event the Property Owner fails to install the designated "hard-wired'" smoke alarms by the establishedI ii , the Property Owner shall be removed from NIP participation. 17. SuspensionThe Program process may be temporarily suspended at any time during the design and/or construction phases upon the discovery f Deficiencies due to their potential impact on the Program Improvements rwarranties. The Programr ill not resume until the OwnerProperty has corrected all related problemsiProgram Manager. In the event repairsI in a timelyr, the Owner will be liable r any and all damages and all direct and indirect costs due to I and/or stoppages of the work. . Limitationon Alterationsthe Property The Property Owner alterations,agrees not to make r to permitnoccupying any portion of the PropertyI ions to the existing windows, and/or walls from the time Designthe r til the constructionImprovements completed. Exceptionsi I pre-approved in wHtIng Manager. Failure to adhere to thisi t the option of the Program Manager in its solediscretion, I in an immediate iconstruction the Program Improvements r will be liable County r all direct and indirect ith unapproved alterations relateddamages . 1 Post-Construction i i , Proces_.......o.s.s. Pr - e & post- c ion noise testingis important Pmgram pmoess thatidesigned to measuret i I achieved noiselevel reduction level at treated properties. If selectedr for - & post-constructionnoise testing, the Property Owner agrees to provide access to their property for testing and agreesI tin intedor of their property (With i repairsDeficiencies) from the timep ruction i t to the post- construction noise . In an effbrt to insure consistenti it i , the OwnerProperty also agrees to preserve the interior l i r coverings windowand i f the pre-construction_ i post- construction i r understands that the failure requirementthis I in corruptioni i Therefore, the OwnerProperty understands they may be liable r any directindirect noisei in i . pon@ration. As reasonablyrequested, r shall cooperate with the Contractor, the Program Manager and Monroe Countyi performance of II phases of the Program Improvements including, limited , the removal reinstallation II hangings andfurniture Noise Insulation 1 . Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor r the County, existingutilities light, t, power and water necessary to carry out the ProgramImp22. rovements. and Bidv .�Process Access. At scheduled times and/or upon not less than twenty-four (24) hours ad►rance notice (via NIP email and/or letter), the OwnerProperty agrees to providethe Programr, Contractor, subcontractors, suppliers, City, County, State and federali ul the Property to collect ! all final design and bidi I include, t not be limited roperty survey, design survey, hazardous material inspection, pre-noise pre-bidvisit. In v r falls t provide access to the Property for all required NIPi i visits, the Propertyr shall be removed from NIPi i i . Pre-Construction23. r agrees to provide forty-eightaccess to the Property ) hours prior to the scheduledI construction. is short visit will provide the Program Manager withability Ownerthat the Property has met all furniture storage responsibilities. Fait ul resulti ion of the scheduled NIPi n r shall be liable and/or Contractor for any and all resulting damages and all direct and indirect I , 24. Pre and t Construction Access. I i r upon not Iess than twenty-four (24) hours advancei (via ! it andlor letter) and r the establishedI i schedule ignment, the Property Owner agreesvi r, Contractor, subcontractors, suppliers, City, County, State and federaliconsultants access to the Property to provide II required NIPion and Post-Construction visits. i l include, u limited final measurement, pre-construction inspections, Designatedirements, post construction inspections post- constructioni testing. In t the Property Ownerll rvi for all required !P Pre and Post Construction visits, the Property Owner shall be removed from NIP participationr shall be liable uand/or Contractor for any and all resulting damages and all direct and indirect I thereto. Construction25. I construction Contractorcontract, the will provide the Program Manager with their final construction schedule, whichwill include the requiredr of calendar days to completeI construction in the participatingcondominiums. ! schedule, the Programn r will assign each Property Owner with a designatedr of calendar in whichi ill occur in their condominium. The Property Owner agrees to relocatetheir condominium for the entirei i period. In addition, the Property Owner agrees not to re-enterit property for any reason during their assigned constructlon period due to safety concerns and the potential to negatively impact the Contractor. In the event the Property Owner failsprovide it assignedruction time period, the Propertyr shall be removedfrom I Property Owner Noise Insulation of 28 participation r r shall be liable and/or Contractorfr any and II resulting damages and all direct and indirect I . Construction26. ion Due to Hurricanes. Since the NIP constructionri it extend into the Key West hurricane there is i I for constructionI I of the Contractor, in the event approachingof a threat of an r an actual hunicane event. i possibility, r understands that delaysr in additiontheir originally ai r ion time period, withoutI r cost to the Contractor Furthermore,and Program Manager. the Property Owner agrees to relocateit condominium r all additional calendar days resultingfrom NIPconstruction stoppages due to a hurdeane threat r event at no cost to the County, Contractorand/or Manager.Program In the eventOwner fails i additional access to their condominium due to hurTicane-related , the OwnerPmperty shall be removed from NIPparticipation r shall be liable r Contractor for any and all resulting damages andII direct and indirect It r . 27. Discovery ' tig Deficiencies t c ' . In the event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction that negativelyimpact the installation of the Nl impirovements, Ownerthe Property agrees to immediately repait and remedlatei i i in an negativeeffort to reduce any impact on the scheduledi ri . The Property Owner understands that, dependingtiming i i l i nrepair, the NIP constructionIProgram Contractor.Manager or Schedule. 28. ns on Construction The Property Owner understands that unforeseen buildingconditions may adse dudng the NIP constructionpotential to increase the odginal scheduled durationconstruction, i is not the faultr nor Contractor. The Property Owner needs to planr the "worst-casen possibility originally-scheduled constructioncompletion date may be deI i ! l days due to unforeseen building conditionst may adse and complicateI construction. 29. ExIstina i 1Blinds. that.Property Owner understands aftW—theinstallation of new NIPacoustic window doors, the existing i and/or door treatments, shades and blinds compatible nor able to be re-installed idifferences existing i . 30. Existing Crown _MolgLipg., During the installation acousticindows and doors, the NIP will be providingA replacement intedorri ill . The Propertyr understands that the NIPI ' will r specialized,crown moldingwindow and r tdm. After the completionI ifi i , the Property Owner will have the abilitymodifications l interior trim at their own expense. NoiseProperty Owner uti Page 9 of28 . Communication Reg i r agrees to reviewread and I NIP emailsr letters in a timelyi ibeing provided the NIPI . In the event the Propertyr falls to meet thisrequirement, it couldI in removal from NIPparticipation. 32. Title i ti . The Program Manager has obtainedr will obtain, its soleTitle" title is freer liens and/or Utle defects. 2 i i I _ _ . Prior to the commencement constructionthe Program Improvements, ll cooperate with County in ordert (i) correct anytitle i ich are disclosed by the "Abstract of Title" in the soledetermination invalidate the Easement, and (ii) secure the written consentn ll mortgage holders to the roperty Owner's conveyance of the Easement to the County determinesCounty t it is necessary or desirable ( II iv I , the "Title Matters"). I , prior to the commencement of constructionProgram Improvements, the County, in its solediscretion, t i that the TitleMatters i the Property may invalidate Easement, this II be null and void, shall be terminated. Federal34. Assurance. As requiredI Aviation Administration, r agrees to the followingi i : Ownera. The Property shall subject the construction project to such inspection I during the construction Improvements r completion of the Program Improvements as may reasonably requestedbe r and/or Monroe County. b. After i I completion of the Program Improvements, the Property Owner shall assume the responsibility for mai i items installed, r constructed under this Agreement. NeitherI Aviation Administrationr the County bears any responsibilityr maintenance and operation these items. Reduction35. it Infiltration. r will be required i (Ventilation I I ) which imputes all responsibility to the Properr fort r maintenance of interior moisture humiditylevels. 36. Salvage of MaterI Equipment. If the Property Owner desires to retainf the matedal or equipment re from the Property as a result ProgramImprovements, r shall arrange for the salvagei materials and equipment directly witht at the Property Owner'ssole risk and expense. The County assumes no responsibility for tcondition ri 1, equipmentr surrounding surfaces as a resultowner-requested salvage. The OwnerProperty and the Contractor shall, prior to the commencement of construction, agree upon and execute a document listing items to be salvaged. In NoisePropeny Owner InsukWon Agreement Page 10 of 28 of such a written , all items shall become the property of the Contractor. Materials i t not listed I r r shall become the propertyt . 37. ProDertv Insurance. Duringconstruction , the Contractor will provide buildersinsurance for the Property. The Property Owner shall have the option, at the Property Owners solemaintain homeownersinsurance policyr the durationconstruction r Improvements. r understands that, following final completion, the Contractors builders risk insunance will cease, and it is advisabler the Property Owner to obtaininsurance to cover any valueProgram. 38. i i a and Effects of Construction. The Property Owner understands that there is ichaii6i-that construction itself may exceed the Contractors original projected constructioni l t the construction involve substanti l inconvenience and couIsignificant quantities ri ri uninhabitable extendedi . Labor39. and Material Release. The Property Owner releases forever discharges any and all claims, i ions against the Program ; Countythe its officers, employees, Icontractors suppliers i issues relatingthe conformance of labor, materials acousticigns utilized in Improvements. Nothingin thisr II limit the warranties for matedalsworkmanship i in the contract with general contractor. 40. Bale of Propelly. In the event the Property Owner sells, conveys or otherwiseitl completion II phases of the Program r hereby agrees to provider with of this Agreement prior to the closingI v r othert r, and to transfer II of the Property Ownersresponsibilities li i r this Agreement to the buyer as a conditionv r other transfer of the Property. . Waiver. No waiver of, acquiescence in, or consent to any breach of covenantany term, or condition hereof shall be construed as, or constitute, a waiver , acquiescencein, or consent to any other, further or succeeding breach of the same or otherany term, condition . Release42. In the event that thisAgreement i cancelled or the County determinesthe Easement shouldI record, Propertythe r, upon writtenII pay to the County sum of One Hundred Dollars ( 1 ) to cover the costs of the preparation recordingthe Releasein the publicrecords Florida. that it is the Property Owners responsibility to insure such payment is made in order to mclear" the title to the Property. r 'Noise to ' 1 43. Authodt - to Execute On Behalf Of Count. By Resolution No. 111- Z004, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioner's of Monroe County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute d7is Agreement on behalf of the County without further action by the Board of County Commissioners. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement a. Exhibit E: Ventilation Hold Harmless Agreement 45. General Conditions. a. GovemirLt aw, Venue, IntpMratation Costs, and Fees. (1) This Agreement shall be govemed by and construed in accordance with the Laws of the State of Flodda applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appmpdate court or before the appropdate administmtive body in Monroe County, Flodda. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attomeys' fees, 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 Flodda Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Binding. Effect. The terms, covenants, conditions, and pmvisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. Property Owner Noise Insuladon Agreement Page 12 of 28 c. lily. If any term, covenant, condition r provision of this Agreement (or the applicationi II be declared invalid r unenforceable to any extent by a court of competent jurisdiction, the remaii teans, covenants, conditions provisions ishall not be affected t remaining t, condition and provisioni shall be valid II be enforceablefullest i law unless enforcement of the remaining covenants, conditions and provisionsi Agreementl prevent the accomplishmentoriginal intent f this Agreement. d. Authority. Each party representsthe other that the delivery i I II Ownernecessary County and Property action, i law. Durationa. _. This Agreement shall commence upon the executioni r and by the County and II remain in effect for a period reasonablyrequired Program Improvements "), except as may be sooner terminated i accordance with the provisionsi . OwnerCounty and Property agree that each shall be, and i , empowered to acceptr the fit of any or all of them, gifts, assistance for the purposes of this . 9. l i for Federal orlate Aid. The County and Property Owner agreec II be, and i , empowered to applyr, seek, and obtainI and statefunds to further the purpose of thisII applications, requests, r 1 , and fundingsolicitations r shall be approvedr! r to submission. a h. Adiudication of Disputes_ rDisagreements. TCounty Property Owner agree that all disputes and disagreements shall be attempted to be resolvedt and confer sessions between representativesf the parties. If the issue or issues are still not resolved to the satisfactionparties, then any party II have the right to seek such reliefr i AgreementI ri law. I. Nondiscrimination. The County and Property Owner agree that there ill be no discriminationi it is expressly upon a determination jurisdiction that di i ti this Agreementautomatically inates without any further action f any party, effectivethe date of the court order. The County and Property Owner complyagree to iall Federal and Floridastatutes, Il local ordinances, as applicable, I ing to nondiscrimination. These include but are not limited : ( ) Title I of the Civil Rights Act of 1 ( . ) which prohibitsi i i basisI r or nationalorigin; ) Section 504 of the Rehabilitation , as amended ( ), which prohibitsi c ' i i i handicap; (3) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss. 61 1 ), which prohibits i i i i ; ) The Drug Abuse Officen r t Act f 1 ( . . ), as amended, relatingi scrIm!nation i Comprehensivedrug abuse; (5) The I I Abuse And AlcoholismPrevention, Treatment and Rehabilitation1 1 1 ), as amended, relating nondiscrimination i alcohol abuse or alcoholism; ( ) The PublicHealth Service Act of 11 , ( -3), as amended, relating to confidentialityalcohol and drug abuse patientrecords; ( ) The Americans With i iliti . 1201 ), as may be amended from time t time, relating to nondiscriminationis of disability; (8) The FloridaCivil Rights Act of , (Chapter 760, Florida Statutes, i I ), as may be amended from time to time, relating to nondiscrimination; ( ) The, Monroe RightsCounty Human i (Chapter 1 i t III Sections 1 -1 1 through 1 -130), as may be amended from time to time, relatingi i nation; and (1 ) otherany nondi scrimi nation provisionsin any federal or state statutesr local ordinances i I to the partiest , or the subjectr of, i . j. Cooperation. In the eventi i i r legal proceeding i instituted i either party relatingformation, i r breach of this r agree to participate, to the extent required by the other party, i II proceedings, hearings, processes, meetings, otherand activities relatedto the substance of thisr r provision services under this Agreement. The County and Property Owner specifically no party to this Agreement shall be required .tor into i i proceedings related to thisto this . k. . Records,, Documents._ The County and Property Owner shall maintain books, records, and documents directly pertinent to perfom7ance under this Agreementin accordance withgenerally principles consistently lied. Each party to this Agreement or their authorized representatives shall have reasonabletimely f each other party to this Agreement r audit purposes during the term of the Agreement and for four years following the termi i i . I. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquireinterest, whichId conflict in any manner or degree withits performance under this Agreement, and that onlyinterest is to perform and receive i recited in this . m. Code f Ethics. The County agrees that the officersn employees of the County recognizeill be requiredI istandards conduct relating lic officers and employeesdelineated in Section1 , Floridai t not limited li i idoing businessi ion; misuse of publicposition, conflicting I r contractual relationship, and disclosureor use i information. •:.:. - - NoiseProperty OWWer 4 Sol i i i r warrant that in respect to itself, it has neither employed nor retained any company or person, other than a bona fide I i solely for i , to solicitt secure this and that it has not paidr agreed to pay any person, company, corporation, individual, or firm, other than a bona fide I i solely for it, any fee, commission, percentage, r other consideration contingent upon or resulting from the award or making of this Agreement. For the breachr violation of this provision, the Property Owner agrees that the Countyshall have the right to terminateiwithout li 'ility and, at its discretion, to offset from i r otherwise recover, the full amount f such fee, commission, i t consideration. o. Public II allow permitI inspection II documents, papers, I r other materials j the provisionsr 119, Florida Statutes, and made or received by the County and Property Owner in conjunctioni iAgreement; and the County II have the right it t II l this Agreement upon violationi provision liCompliance. r must comply withFloridali laws, including t limited t 119, Florida Statutes ! article I of the Constitutionf Florida. Property Owner If allow and permit reasonable access to, and inspection f, all documents, records, papers, letter's r other "public y materials in its possession r underi r I subject to the provisionst lStatutes, and made or received u r in conjunctionithis contract and related . The County shall have the right to unilaterally canceI this contract upon violationi i r. Failure Property Owner to abidei i II be deemed a material breachf this contractt is provision in the form of a court proceedingII, as a prevailingi i t of II attorney's fees and costs associated withi . This provisionII survivei i expiration . The Property Owner is encouraged to consulti its advisors Floridali in order to complyi iprovision. Pursuant to F.S. 119.0701 and the terms and conditionsi contract, the Property Owner is required : ( ) Keep and maintainpublic Irequired by the County to perform the service. { } Upon receipt i f records, provide County with a copy of the requested records or allow the records to be inspected or copiedit in a reasonable time t a cost that does not exceed the cost provided in this chapter or as otherwiselaw, ( ) Ensure that public records that are exempt or confidential and exempt from publicdisclosure i disclosed t as pmpe4y Owner i .I 15 of 28 authorized by law for the durationf the contract term and followingcompletion contractif the Property Owner does not transfer the records completion r, at no cost, to the County II public records in possessionr or keep and maintain public r Id be required by the County to perform the service. If the OwnerProperly transfers all public records to the County upon completion Ownercontract, the Property shall destroy any duplicatepublic or confidential li disclosure i . If the Property Owner keeps and maintainspublic completion , the OwnerProperty shall meet all applicable requirementsfor retaining li II records stored electronically must be provided County's custodian , in a fbrTnat that is compatiblei information technology systems of the County. ( ) A request to inspect or copy public records relating directlycontract must be made if the County requested records, the County II immediately nof r of the request, r must provide the recordsr allow the records to be inspected or copiedwithin I time. If the Property Owner has questions regardingapplication Chapter11 I rida Statutes, to the Property Owners duty to provide public relating is contracL contact the Custodian of PublicBradley . p. Non-Waiver II . Notwithstanding the provisionsf Sec. 768.28, Florida Statutes, the participation Owner in i Agreement and the acquisition of any commI liability insurance self- insurance v r local government liability insurance I coverage shall not be deemed a waiver of immunity the County to the extent of liability Il any contract entered into by the County be requiredi ii r waiver. q. Privileges Immunities. II of the privilegesimmunities liability; exemptions laws, i Ies; and pensions and relief, disability, compensation, n r benefits whichI ii f officers, agents, volunteers, or employeesi it respective functions under this Agreement withinterritorial limits II apply extentdegree and to the performance of such functionsi r , agents, volunteers, r employees outsidethe territorial li i f the County. r. Legal .... Il9� and R pq pi i ii NonF,x -.m I . i on of Constitutional r i i i tin ,, r Ilit be construed as, relieving participatingi obligation r responsibility imposed upon the entitylaw except to the extent of actual and timely thereof by any other participating entity, in which in satisfaction of the obligationresponsibility. i is not intended to, nor II it be construed as, authorizing the delegationtit ti I or dutiesstatutory iFloridatit i , Noise1 of 2 Floridastate statutes, case law, and, specifically, the provisions of Chapters 125 and 163, . s. Non-Reliance - ity shall be entitled to rely upon the terms, or any of them, of thisr attempt to third-partyenforce any l im or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property. Owner agree that neither the County r Property Owner or any agent, officer, or employeeII have the authority to inform, I, or otherwiseindicate i Irinivil or group of individuals, tit r entities, it r benefits under this Agreement apart,separate and inferior to, or superiort the communityin general or for the purposes contemplated in this . t. Attestations. The Property Owner agrees to executeu documents as the County may reasonably require in the performance of the obligations dutiesand the.County or Properly Owner under this Agreement. Personal Liability. No covenant or agreement containedherein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in hisr individual i r, officer, agent or employee of Monroe CountyII be liable IIy on this Agreement or be subject I liability r accountability by reason of the execution of this Agreement. v. Execution in Counterparts. i t i numberany of counterparts, each of whichII be regarded as an original, all of which taken together II constitute one and the same instrument and any of the parties executehereto may this t by signingcounterpart. matterw. Section Headings. Section headings have been inserted in this Agreement as a of convenienceonly, and it is r sectioni are i III not be used in the interpretation of any provisionthis t. OwnerProperly Noise Insulation Agreement Page 17 of ,..mm... IN I r and the County executed this Agreement as crf the day and year first v . WITNESSES�---, PROPERTY OWNER: r Printed Narne PHinted Name Printed WITNESSES: PROPERTY OWNER: tZq Signature I n ure PdnW Name 38 Printed Signature ® _ Date co Printed Name _._.. _ ................ ......................................................................... WEIR&COUNTY BOARD OF COUNTY COMMISSIONERS: Kra 'CHAIRMAN: KEVin, CLERK LYVtl' ! Po ' r 444 41 0',bputy Clerk Signature s + t ` ky WPC VIA Agw .Pro ri}r Owner Noise Insukdon. r ment �°`=t � � � �� ,; 2s of 28 T ? 7)AT PropertyPROGRAM POLICY STATEMENTS Exhibit A To 1Insulation A. Air Conditionigg, General Restrictions. Whileproviding l i i- lit$ AC system to your condominiumi Insulation modifications, following limitations i ill apply to all condominiums: 1. All condensing unitsill be installed I 2. II refrigerant lines (running from the baIc n in i ill be installed consistent i lirules, ! i inheight of 48 inches. 3. II condensate lines ill be installed it i r consistent with Board policy ! i level of consistencybuilding architectural aesthetics. 4. All interior lines fteffigerant, condensate1 1Recovery Ventilator ill i , ! wall and comer pilasters which ill be constructed to match the qualityexisting II . The number and locations of the new vertical wall and comer pilasters will differ depending on your unique condominium r plan and number of bedrooms. The NIPi i ill review this information i r NIP Design 5. Only electrical service panelsdetermined r r to be deficient ill be replacedr i Insulation modifications. B. Window Sill Replacement. 0 nce of asbestos, the NIP will provide new custom wood surToundn ill instead of the existingsurround. to this revisedI i ill (marble, it , ) will not be replaced. This revision will be an improvement, ite decreasing constrictionimproving time efficiencies. RestrictionsC Custom ®_ _ _ requirementsestos abatement ill restrict the abilityexisting custom trim and baseboard prior to construction ' i 11 i ill not allow sufficienttime for the awarded general contractor to secure custom matched replacement trim. Therefore, existingmoldings, wall trim, and base, the contractor will, instead, cut the existingface of the new pilaster or thru wall acinfill. At now pilaster locations and, if the thru wall ac infill abuts the existing baseboards, the contractor willinstall a standard (314" x 5-IM paintedtrim existingabut the ri r than attemptingto match the existing # profiles and materials. r the completionI i t will Exhibit A-Property Owner NoiseInsulation t Page 19 of 2 have the optionI the installed i t custom trim to match the existing materials r it . D. Door Threshold Heights. Florida impact and water infiltration buit i II new aluminumacoustical prime entry swinging sliding I ill have thresholdsconsiderably higher (from the floor) than existingr thresholds. These higher door thresholds are designed provideimum protection to the interior of a condominiumr infiltration requireda hurricane. E. KWBTS Asbestos Testing As I requirements, THC conducted asbestos testingII participating i i in Buildingsr 2017 to April 2018 time . This testingincluded II isamples condominium include joint nd, window glazing, n r windown r Iu caulking. In ii I II on both the and "courtyard l balconyu buildingI i . Dependingn the laboratory analysisf these samples, the presence of asbestos containing materials ) have the tial to impact several areas of the NIP construction include: windowv l and acousticin installation, r removal and acousticinstallation, removal of portableII° AC unitsinfilling of openings, ceiling i for installation , II cuts requiredfor the installation the ductless AC, - construction of vertical II pilasters requiredfor installation ductless systemAC , construction closet i for installation . F. _Asbestos Abatement Reg Il rements In the a nt any samplesrcontaining material ( ), the awarded NIP contractor will be requiredfollowing requirements construction: If samDles The NIP contractor will be requiredI i r safety requirements include worker respirators, I curtains in all areas where the surfaces am disturbed vacuumand the use of HEPA l in the areas where surfaces arechipped, cut and/or sanded. m ExhibitA-Properiy Owner Noise Inw1aion Agreement Pap 20 of28 If samoles1a The NIP contractor will be requiredit asbestos abatement procedures directedl ) to include: containment- Construction of ACM in all (wells, ceilings, closets, i approximately feet from all walls and areas impacted the NIP modifications. bagging- Abatement and I " lii ) by certified . Air sampling of containmentI II areas by certified asbestos abatement staff to allow access to containment areas by traditional t)workers. - THC will be requiredi ti oversight II ACM abatement processes in all condominiums throughout the NIPconstruction ensure proper compliance i r l and state abatement guidelines. The presence of ACM ill have a significantimpact an the NIPconstruction lengthening the construction period and increasing the sequencing and coordination i . Given the cost to providerequired r , the FAA ill require to developi ion plan that minimizes disturbancei i i ion of construction costs, duration, liability r and KWBTS . This plan ill result in new property owner requirementsn ign restrictions which are outlined below. H. KWBTS BOARD_ Authorlty�esign Decisions. The KWBTS Board will have Authodty to make several of the Program designi include: 1, Acoustical Window and Door Material 2. Acoustical Window and Door Color and HardwareFinishes 3. Acoustical Window and Door Operational Styles 4. Interior cl ini- lit° AC System Installation Requi . Interior Ductless "Mini-Split" AC System Interior Soffit DesignPlacement 8. In-Filled Ki r Policy Treatment DESCRIPTIONLEGAL HomeownerExhibit B To Noise Insulation Condominium it 218-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, condominium, iundividedinterest in the common elements, in the Declaration ii in Official Records Book 589, Page 370, as amended from timeto time, Public it B- ise Insulation 4reemmf Pqge 22 Of 2 NoisePROGRAM IMPROVEMENTS Exhibit C TO Homeowner i This Exh m_® C represents the Program Improvement package for an eligiblet includes r Improvements developedr to reduce Interior environment of a property by a minimumi ( ) decibels. typical Program Improvement include: Architectural Drawings Replacement Aluminum i t Windows Replacement I i Acoustical Swinging Prime Door(s) Replacementi i Acoustical Sliding Glassi Door(s) Exhib it C-Property Owner ' e Insulation Agreement Page 23o DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensabpaid an behalf of the County and the Program for Improvements described i ( ) between the County Propertyand nr and to whichi i is attached, i r and undersignedbehalf of the i I representatives, successors, and assignsi r releases, remises, discharges, indemnifies, covenants not to ,r i i i ri i iagainst, the I employees, I r contractors conceming any and all claims, i r causes of action whatsoever ldnd and natureit injuries r death, damage to the property, foregoingand the consequences thereof, and any of the i undersignedr their respective heirs, I representafives, successors and assignsi connectioni II Pro-Existing Def ( i i i ") against said County r any of its officers, agents, employees, I r contractors to be legally liable. Owner2. The Properly understands and assumes full responsibility for the Deficienciesin the Property, whether ' il r unseen. Owner3. The Property understands that the Deficienciesinclude deficiencies prest in the Property at the timef execution of thisi I include, limited t , code violations, structuraI damage, water ! moisture damage, hazardous I , infestation r any issue that wouldnegatively impact the installabon and performance of the Program Improvements. 4. If visible, the Property Owner understands that the Program Manager may identify and document DeficienciesiProgram process (including desi i i ). If identified , the ManagerProgram will classify the observed DeficienciesI r W lnor0 or" ". Owner5. The Property assumes full responsibility for the worsening documented Minor Deficiencies. 6. In the ram event "Severe" Deficiencies are identified i process, n r agrees to completei , to Manager,the acceptance of the Program as a precondition construction Improvements. I the that " v " Deficiencies are uncovered during the constructionr agrees to complete . Exhibit -Propen)v Owner Noise Insulation Agreement Poge 24 of 28 necessary repairs to the Property, to fie accaptanca 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 han'riless and indemnity provisions set forth in Paragraph 1 of this Exhibit Q apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program improvements. The provisions of this Exhifift Q shall survive the termination or expiration of the Property Owner,Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions at this Exhibit D shall be binding upon, and inure to the beriefit of the undersigned and their respective. FeIrs, personal representatives, successors and assigns. ........................ WITNE,S%, PROPERTY OWNER;,_, ftnetum i mc Red Name n%&ruw� "drded Name signUire to ,A1718-m WITNESSES: PROPERTY OWNER: signatule Sigrature Pfirited Name pd Signirture Date Printed Name ........................................................ ........... ............... WITNESSES: PROPERTY OWNER: is signature uF'_9----------- Printed Name iidn6d Signature Pdrftd Name .................... .............. Exhibit D-Property Owner Noise Insuladan Agreement Page 25 of28 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement . In partial consideiration of the compensation to be paidbehalf County and the Program r the Program Improvements to be made to the Property descdbed in the Agreement of evenherewith and Property Owner and to whichi ft E is attached, the undersigned, r and on behalf of the undersignedi I representatives, successors, and assignsi forever releases, remises, discharges, indemnifies covenantsnot to sue, ii liagainst, r institute i i , the r any of its agents, officers, I I r contractors conceming any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodilyinjuass or death, damage to the propertythereof, and any of the foregoingi t undersignedthe it respective heirs, I representatives, successors and assignsin connection1 ll Ventilation Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, I r contractors to be legally liable. Program2. The Improvements include ii acoustical windows , removal and infilling of "through-wall" portable air conditioner units and the addition f a replacement Iess "mini-spiff air conditioning these modifications ill result in a tighter intedor environment dueli i i II passive inside 1 outside air leakage that was naturallyin all openings, the Program ill also include iti ventilation ( nit which ill provide an adequate exchange of inside 1 outside air to the condominium requiredit i . 3. Given the tightenedinteflor environment of the treated condominium, the OwnerProperty agrees to assume full responsibility for the proper operation recoveryProgram ductless AC system and energy ventilation (ERV) unit to avoid potential for mold and moisture , especially condominium is closed i it . 4. Due to FAA eligibilitylimitations, ill not be providing bathroom exhaust fan treatments. Sincetubs and/or showers are a source moisture generationin the i ' r environment of a condominium, agrees to assume full responsibility for ensudng that all bathrooms haveoperable bathroomt fan capablei i t the exterior of the building. It shouldI i I KWBTS condominiumsr constructed with a small wall vent that was designedII iexhaust i it -Propeny OwnerNvise Insulation Agreement Page 26qf.2 bathroomi in a central building exhaust shaft. Duringdesign survey process it was discoveredbuildings lack a solidl building exhaust shaft. Due to this existingcondition, original wall v (if still ) have the tial to provider unwanted air, r gases into the condominium interior. The Property Owner agrees to assume full responsibility for the sealing original wall vents in all bathrooms and for any and all negative impacts may result if left untreated. 5. It is clearlybuilding I i laundry dryer exhaust to the centralKWBTS exhaust shaft. I incorrectly ir laundry dryer vent to the KWBTS central building exhaust shafts, they agree to correct this deficiencyi their laundry r exhaust in an alternative t meets current buildingit cost before the initiation constructionthe Program r agrees to assume any and I liability I improper ductingi laundry dryer exhaust. Property6. The r understands that the Program Improvements will not kitchenaddress n ventilation and/ i interior humiditylevels Ownergenerated by the Property within the interior of the condominium. T Owner understands and assumes full responsibility for maintenance ofit ' r moisture and humidity levels. The Property Owner agreesII responsibility for any occurrence, i moisture I and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility the maintenancei IP venting modificationsr completion r Improvements. undersigned7. The ! II of the release, I harmless and indemnity i i in Paragraph 1 of thisiapply to injudes, deaths, or damages sustainedin connectioni ris—ult of any and all interior ventilation defi i r the additionImprovements including, t limited i humidity, Imildew,-and/or lack of proper exhaust ventilation. vi ions of this Exhibit E shall survive the terminationr expiration Ownerthe Property Noise Insulation Agreement. undersigned8. The t the terms and provisionsi Exhibit. shall be bindinginure to the benefit of the undersignedit respective i I representatives, successors and assigns. ............. WITNESSES: _.. 1Z V" hatjWoc Printed Na e .. ... fr ......a S ^6tu � s"'tT's Pdnted Name ...... Exhibit -Property Owner NoiseInsist ' i Page 27 of 28 _____..__ .......... OWNER:WITNESSES: PROPERTY i Signature Signature Printed Name d -- ........� _�� ............. me Into Data ri e WITNESSES: PROPERTY OWNER: 1 Signature Signature ri m Pdnted Name u..� .... i n u „M,u rin ._m m...., itE-PropoHy OwnerNaim Inm1afion Agmment AW 28 of 28