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09/18/2019 Agreement/Easement-C220 �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 Prepared r P. Faubert Doe#2263749 NIP Assistant Project Manager 1/2 0 1I: 0 AM Page I of 4 Inc. Deed Doc SbmV$0.00 710 Dacula ., Suite 4A#315 l Fil of I I Key West International Airport NoiseInsulation THIS T AGREEMENT is entered into this `�F day of x b " ", hereinafter f to 9 as "the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as " ." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property ("the Prope ') located in Monroe County, Florida, more particularly described as follows: Condominium Unit - , 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. also identified as street address: "2601 S. Roosevelt Blvd., nit " B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, t ined incompatible s a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design n install or pay for the installation of improvements and modifications to the Property Owner's 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 BOCCcondition of participation in the I . The Easement will supersede any implied or prescriptive easements 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, andwill include funding from the BOCC, actingin its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property ............ ................... ... _......._......_.............................. _. Key west International Airport NIP-Avigatlon Easement(unit 220) Page 1 of 4 Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Property r and the Property providing certain remedial sound attenuation ntru ion 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 5 dB in accordance with Federal Aviation Administration policy. The Property Owner fully understands that the NIP eligibilitycould change at some future time, but is currently based on the 2013 ExistingCondition Noise Exposure accepted y 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 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 reoeiptand adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCCre asfollows: 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 avi ation easement over the property. The use f the Easement shall include the right to genenate and emit noise and to cause other effects as may be associated with 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 fbrm or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within 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 O 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 successor's 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, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's 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 genenated by Airport activity, or may hereafter have s a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. _ __ . y West I nternational Airport NIP—AvIgation Easement(Unit 0) Page . This Easement expressly excludes and reserves to the Property ner and to the PropsOwner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical m r personal injury caused by any aircraftr part of anyaircraft in the Easementthat does identifiable physical damage to the property r injury to a person n the property coming into direct physical contact withthe property or the person on the prope 5. Should either party hereto or any of their successors or assigns in interest retain counsel to enforce n of the provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any allegedbreach f any provision of this Agreement, the prevailing party shall be entitled to all costs, damages n n incurred including, but not-limited to, orn 's fees and costs incurred in connection therewith, including II te action. provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted n construed according to the laws of the State of Florida. 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 f 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 partiesin 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 any other provision hereof so long as the remaining provisions do not materially It r the rights and obligations f the parties. If such condition, vnnt 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 the scope or breadth permitted law. 8. In the event the Airport shall be subdividedinto more than one parcel, or the Airport or portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC, then and in that event the parties agree that same shall not terminate or otherwise affectthis Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. . The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials n equipment installed in the Propertyr on behalf of the BOCC. . . y West International Airport NIP—Avigation Easement(Una 0) Pee 3 of This Easement Agreement is executedfirst written. PROPER Y E PROPERTY OWNER: Signature Pdnrd Name Printed Name Deft Data STATE F d COUNTY OF µ.me ... . The in instrument was acknowledged before me this day of , 20 by LJP I Property Owner Name(s) Publrle�Siq _ y Cornml Ion r a ure MONROE COUNTY BOARD OF COUNTY i MAY. e j na.s vrr # lure ---- Printed Name Printed Name) Signature i Printed Name _ FLORIDASTATE OF COUNTY F MONROEd s , The foregoing instrument was acknowledged before me this. day of , 20L- by, s Mayor of the MonroeCounty Board of County Commissioners, o y politic and corporate. My Commission Expires: Notary Public Signature OE OOUNTY �q ... A'rT . " , t ikey ... t In rnational Ai rt 1 — v ion s ent(Unit 20) No 4 .. ASSISTANT T k) �"� " s ," I.. ....... _�� _-- s: v West b%e_Sea . 't o.: _ 0 Name(s): Schwartz __. NOISEPROPERTY OWNER KEY T INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSU.LATIONT (this "Agreement") is made and effective the datelast below written by and between MONROE COUNTY, a municipal corporation organized nexisting under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). I T N E 8 S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City Key West, County of Monroe, State of Florida, and more particularly described on Exhibh B attached hereto (the "Property"); and the County is the owner and operator of the Key West International Airport (t "Airport"), situated in the City of Key West, County of Monroe, Late of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's oise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property s more particularly described on Exhibft Q attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County t no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County ill enter into a construction contract with general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by the consultant team consisting of team manager and assistant manager, architect, mechanical 1 electrical engineer, acoustician and construction manager selected by the County (the "Program Manager'); and the Property Owner and the County mutually desire to agree to the terms upon which the rope Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and .._.. — _ .....ee._ Property ner Noise Inuladon Agreement Page 1 of28 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: I. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement") which Easement has been recorded in the public records f Monroe County, Florida. The Easement remains in full force and effect and i hereby ratified in all respects. . Program Polio Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as ExhibitA. 3. Payment of Program Imp royemen The Countyagrees to pay for i . the Program Improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. . lima Competitive Pro The rope Owner shall not impede or interfere with the Contractors bili to select between approved product manufacturers n subcontractors in the preparation of bid submittals. To insure competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation this Agreement. . Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6. - Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: . Prior to the start of NIP construction, the Property Owner shall meet all Pre-Construction requirements to include: (1) Removing all valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium; ( ) Moving of all furniture and belongings into the "Designated Storage Area" within the condominium, providing the required "clear a" (white - __... ........ __............. ... Propeny Owner NoiseInsulationAgreement Page 2 o 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 "Designated 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 items from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area"; (6) Removing all wall hangings (such as rnirrors, 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 condominium: (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. c. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from 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. 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 Property Owner shall not impede construction or alter construction schedules. 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 construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or ............................... ........ ...........11.1..................... Property Owner Noise Insulation Agreement Page 3 of 28 altersthe construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages andII direct and indirect costs related thereto. 8. Safe Working Environment. The Property Owner shall be responsible for providing a safe workingenvironment for the Program n r, Contractor, subcontractors, suppliers, City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for: (1) Providing a workingenvironment that is freefrom potential health risks, blohazard conditions, hazardous chemicals, obstacles, weapons of any kin and/or explosives; (2) Refraining from verbal abuse or profanity; ( ) Refraining from r siv physical contact; and ( ) Insuring that all pets are completely secured and contained. b. In the event the Property Owner falls to meet any of the foregoing conditions, the Program process a , at the County'County's discretion, be temporarily suspended at any time. In such event, the ProgramManager shall notify the Property Owner in writing, stating the corrective in( ) and/orcondition(s) required to be completed or performed by the Property Owner prior to the County resuming the Program process. c. In the event the Program process is not resumed dueto the Property Owner's failure to complete the corrective action(s) and/or condition(s) required by the Program Nfianager, the Property ner shall be liable to the County and/or Contractor for any and all damages andall direct and indirect costs related thereto. . If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused the temporary suspension of the Program process. 9. Construction Delan . During the construction period, the Contractor may experience unforeseen complications rel i to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications arebeyond the control of the Contractor and shall be excused so that the time for completion may reasonablybe extended. Construction schedules may also be revised if there is s delay in awarding of the contract or if the Program Improvements have to be re-bid in the event of lack i din contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide t and performance bond or show proof of required insurance. 1 . Changes to Scope of Work. The Program er reserves the right to make changes to the plans and specifications and the Program Improvements, t its ............ _......._ Propery Owner Nobe Imulation Agreementof28 sole discretion, at any time during the Program process, provided such changes not reduce the scope or quality of the Program Improvements descri in Exhibit _C and such changes are necessitated the discovery of hidden conditions not readily detectable during normal property inspection procedures. 11. Acceptance of Work. Upon completion of the ProgramImprovements, the Program Manager snII ins a or cause the inspection of the Program Improvements to determineif they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority n program conformance rfr issues as they relate to the Contractor, subcontractors, suppliers d acoustic designs. rop r is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcometo attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability t provide input to the Construction Manager with respectto the acceptance f the Program Improvements. In the event there is a disagreement between the Property Owner and the Program Manager as to a conformance or performance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined belbre the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptabilityf the conformance/performanceissue and remedial ion that may need to be taken. MonroeCounty II be the final arbiter of any conformance/performance/issues. Failure by the Property Owner to submit the written complaint itin the time period specified above II thereafter foreclose the Property right to file such complaint. 12. Termination of Agreement. The Property Owner u tas that the signing of this Agreement initiates both the I and CONSTRUCTION PHASES of the Program Improvements to be performedin accordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance the Program Improvements r the award of the construction contract, the PropertyOwner will be liable to the County for any and II damages andII direct andindirect costs caused thereby. 1 . Warranties. The County not represent or warrant the level noise reduction that the PropertyOwner will experience within the Property as a result f the ProgramImprovements perfor part of the Program. a. The County re that its contract with the Contractor will include stands one (1) year warranties from the Contractor for all materials andworkmanship. Such one-year warranty periodshall commence as of the time of the acceptance of the work as provided r in Paragraph 9. b. t the end of construction, the Program Manager will provide the Property Owner with a WarnantyFinal Closeout Package whichill contain copies of the warranty olici s, product instructions, design documents and legal documents. As condition f receiving the WarrantyFinal Closeout Package, the Property Owner ro Itie.— r N P must first submit l ted NIP Property Owner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the PropertyOwner understands that the warranty policies for products used in the construction of the Program Improvements i t among product manufacturers. In the event of claim, the Property Owner is solely responsible for pursuing all future product warranty issues directly it each product anu ur r. c. In the ,event of a claim, the PropertyOwner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer it l t coordinate any required warranty service r s to look solely to the general contractor or the product anf r r for fulfillment of all warranties and for resolution of all product r construction warranty issue( ): (1) The Property Owners inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless f whether the PropsOwner's inquiry ris s during the one- year warranty periodthe Contractor or thereafter; ( ) The Property Owner believes that warranty service i required withrespect to construction warranty issues, and the one-year warranty ri from the general contractor has expired; ( ) The Property Owner believes that service is required it respect to product warranty issues, the advertised warranty rio for the producthas not expired, and the manufacturer is currently conducting its business; and ( ) The Property Owner believes that service is required it respectto productwarranty I u s, and the advertised warranty period for the product has expired. 14. Fre-Existinci Deficiencies. The Property Owner will be required t sin Exhibft D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all presentPre-Existing Deficiencies t the Property, whether seen or unseen. 15. Pre-Work Recmirements. The PropertyOwner will be require to complete nall Pre-Work, as required by the NIPto successfullyaccommodate the NIP acoustic modifications. The Property Owner will be requiredto complete all desiqnatedPro-Work� items utilizing their own funds and per the required deadlines as s blish d b th IP. In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall e removed from I participation and the Property Owner shall be liable to the County and/or Contractor for any andall resulting m ll direct and indirect costs related thereto. 16. City of Key_West "Hard-Wired" Smoke AlarmRequirement. I compliance it the City of.Key West Fire Marshall and the City of Key West Building Department construction permit issuance it n , the PropertyOwner will b required to install 1 -volt "hard-wired' smoke alarms in their condominium i W..__...... .......... ....... ................. roe ner Noise Insulation e a cr a 6 of 2 accordance itall applicable codes and regulations by the required deadline established the NIP. .ThePropeijv Owner will be responsible r that t he smoke alarms r _ not installed-,d n _same areas --within the condominium where NIP modification work will occur, t r� t ti l i .N... t t I _ �.m,..nstruction� RLqcess. Int event the r r fails to install t i n 'hard-wired" smoke alarms t ished NIP deadline, the Propertyr shall be removed -from 1 i i ti . t . Suspension of PMgrarnProcess. The Programprocess temporarily suspended at any time during the design and/or construction the discoveryfi i ni to their potential impact on the Program Improvements t warranties, The Programr ill not resume until the Property Owner has correctedall related. r l to the satisfactionof the r r Manager. In the nt repairs aret completed in a timely manner, the r Owner will be liable to the County for any and all damages and all direct and indirect coststo delayr stoppages oft . 18. Limitation on Alterationsto the r p rt r agreesto make alterations, r to permit any tenant occupyingportion of the Propertyto make alterationsto the existingwindows, r walls from the time f the Designr ntil the construction of the ProgramImprovements have been completed. Exceptionsto this rule t be pre-approved in writingthe Program Manager. Failure to adhereto this requirement , at the option of the Program Manager in its sole discretion, result in an immediate suspensi f the construction of the ProgramImprovements on the Property. r r will be liable to the County r all direct and indirect i ted with unapprovedIt i n related tart . . Pre and t- tr i _t p. tiny Pre- & post- construction noise testing is a very important Program process that is designed measurer i the actual achieved noise level reduction level attr properties, If selected by the Programr for r - & post-constructionnoise testing, the Propertyr agrees to provideto their property for testing agrees. to not to make alterationsto the interior of their property (withthe exceptionf repairstime ftr - construction noisetqt t t construction i test. In an effort to insure nit t noise data collection, the Propertyr also agreesto preservethe interior layout of furniture, floor coverings windowand treatments r the t f t r - tr .. noise_test to t .,construction noise test. The Propertyr understands that the failure to adhere this requirement result in corruption of the noisetintg data. Therefore, t Propertyr understands they may be liable to the Countyfor any directindirect noisetesting in the event these requirements r not met. 20. Cooperation. reasonably t , the Propertyr shall cooperatei h the Contractor, the Programr and Monroen in the .performance II phases of the ProgramImprovements including, t not limited t , the removal and reinstallation f rugs, 11 hangings and furniture _....__ _.. .................__ ............. _ _..—--------- _ .. Property ner Noise Inszdation Agreement Page 7 of 28 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 to carry out the Program Improvements. . Desiqn and Bid Process . At scheduled times and/or upon not less than my-four (2 ) hours advance notice (via NIP email andlor letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited t , property survey, design survey, hazardous material inspection, pre-noise testing and pre-bid visit. In the event the Property Owner falls t provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation. 23. Pre-Construction Access. The PropertyOwner agrees to provide fff ,,,,,,,,,,,,, access to the Property orty-eight (48) hours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could result in the suspension of the scheduled NIP construction and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect t related thereto. . Pre and Post Construction Access,. At scheduled times and/or upon not less than twenty4pur ( ) hours advance notice (via NIP email andlor letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants to the Property to provide all required NIP Pre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, review of Designated for a Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner fails to provide access for all required I Pre and Post Construction visits, the Property Owner shall be removed from I participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting and all direct and indirect costs related thereto. . Construction Period Access.. Upon award of NIP construction contract, the Contractor will provide the Program Manager with their final construction schedule, which will include the required number of calendar days to completethe NIP construction in each of the participating condominiums. Based on this schedule, the Program Manager will assign each Property Owner with a designatednumber of calendar days In which construction will occur in their condominium. The Property Owner agrees to relocate from their condominium for the entire assigned time period. In addition, the Property Owner agrees not to -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 fails to provide access for their assigned construction time period, the Property Owner shall be removed from NIP __.._---------- _ _ ............-----__ ........ Property Owner Noise Insulation Agreement Page participation the Property Owner shall be liable to t r Contractor for any and all resulting damages and all direct and indirect l thereto. 26. Construction riod Extension Due to Hurricanes. Since constructionri ill extend into the Key West hurricane season, there is potential for construction r stoppages, beyond the control of the Contractor, in the event f a threatapproaching rri r an actual hurricane event. Due to this possibility, the Propertyunderstands that delaysr in addition to their originally asi t tr i time period, without any fault or cost to the Contractor and Program r. Furthermore, the Propertyr agrees to relocate from it condominium r all additional calendar days resultingfrom construction r stoppagesto a hurricanethreat or event at no cost to the County, Contractor Programr. In t the Propertyr fails to providethe required additional access to their condominium due to hurricane-relatedr , the Propertyr shall be removed from I ii i the Propertyr shall be liable to t and/or Contractor for any and all resulting ll direct and indirect ts related thereto, 27. Discovery of Pre-Existing Defici i ri Construction. In the event the Contractor iscover's pre-existing defi i i t the Property duringthe NIP construction t negatively impact the installation of the NIPimprovements, the Propertyr agrees to immediately it and remediate such deficienciesin an effort to reduce any negative impact on the scheduledconstruction ri . The Property Owner understands that, depending on the timing f pre-existing r i repair, the NIP constructionperiod , at no fault of the Program Manager or Contractor. 28. Impact of Unforeseen KWBTS Buildino Conditions on Construction Schedule. r r understands that unforeseen buildingconditions that may arise during the NIPconstruction the potential to increase rl l l scheduledr tr f construction, which is t the fault of the Programr nor Contractor. The Propertyr needs to planr t t® possibility that the originally-scheduled cotr r I ron date may be delayedfew additional days due to unforeseenbuilding itr t may arisecomplicate the NIP construction. 29 Existing i r Treatments, li Propertythat, after the installation of new NIPacoustic window the existingi r door treatments, shades and blindst be compatible r able to be re-installed due to sizedifferences the new and existing i . 30. Existing rown Moldhj Duringthe installation of the new acousticdoors, the I will be providing "standard" r 1 t interior trim and sills. The Propertyr understands that the NIP replacement trim ill not match customr specialized crown moldingrns and/or custom window and r trim. r the completionf the NIP modifications, the Propertyill have the abilityto make modificationsto the N I P interior trim t their own expense. Property , ols Insulation Agreement Page 9 of 28 1. Communication Requirements. The Property Owner agrees to read and review all NIP emalls; and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. . Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. . Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Owner's conveyance of the Easement to the County if the County determines that it is necessary or 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, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. 3 . Federal Assurance. As required by the Federal Aviation Administration, the Prope Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested y the Program Manager and/or Monroe County. . After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. . Reduction of Fresh Air Infiltration. The Property Owner will be required to sin Exhibit _E (Ventilation Hold HarmlessAgreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. . Salvage of teril uint. If the PropertyOwner desires to retain any of the material or equipment removed from the Property a result of the Program Improvements, the rope Owner shall arrange for the salvage said materials andequipment i ly with the Contractor at the Property Owner'ssole risk and expense. The County um no responsibility for the condition of the material, equipment or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree.upon and execute a document listing those items to be salvaged. In the absence ....................._____._ .. ...... _ ... Propeny Owner Noisel ulai e ent Page 1 of 28 041 such a written agreement, all items shall become the propertyf the Contractor. Materials n equipment not listed for salvage by the Property Owner shall become the property of the Contractor. . 37. Property Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Ownerssole cost and expense, to maintain homeowners insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractor's builder's risk insurance ill cease, and it is advisablefor the Property Owner to obtain insurance to cover any value to the Propertythe Program. 38. Timing and _ wEffects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and could generate i ifi nt quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. . Labor and Material Release. The PropertyOwner releases and forever discharges any and all claims, suits and actions against the Program Manager; the County its officers, employees, agents, consultants; and contractors n suppliers it respect to issues relating to the conformance labor, materials and acoustic designs utilized in the ProgramImprovements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 40. Sale of Pro In the event the Property Owner sells, conveys or otherwise transfers. title to the roe r the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing n the sale, conveyance or other transfer, and t transfer II of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 1. Waiver. No waiver of, acquiescence i , or consent to any breach of any term, covenant or condition hereof shall be construed a , or constitute, a waiver of, acquiescence i , or consent to anyother, further or succeeding r c of the same or any other term, covenant or condition hereof. 2. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property r, upon written request the County, shall pay to the County the sum of One Hundred Dollars ( 10. ) to cover the costsof the preparation and recording f the Release of Easement document in the public records of Monroe County, Florida. Property r understands that it is the Property nr responsibility to insure such payment is made in order to "clear" the title to the Prop _.. ............. __..._.... ... .... Propertyner Noise I relation Agreement Page 11 of 28 43. Authority to Execute On Behalf Of County. By Resolution No. 111- Z004,.duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 44. Attachments. Attachments to this Agreement include the following, , which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements. b. Exhibit.B: Legal Description of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E: Ventilation Hold Harmless Agreement 45. General Conditions. a. Governin_q__La Venue, lntq�pretation Costs, and Fees. (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (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 appropriate court or before the appropriate administrative body in Monroe County, Florida. (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 e ntitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an and against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary pro res required by the circuit court of Monroe County. b. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. ... ............ ....——- ................... Property Owner of Insulation Agreement Page 12 of28 c. r [ ,�. If any term, covenant, condition or provision of this Agreement ( r the applicationthereof it t r i1 be declared invalid r unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisionsthis Agreement shall not be affected thereby; remaining term, covenant, condition and provisionof this r t shall be validshall be enforceableto the fullest t permifted by law unlessthe enforcement oft remaining terms, covenants, conditionsprovisions of this Agreement would prevent the accomplishment of the originalintent of this r t. d. 6g±ority, Each party represents and warrants to the otherthat t execution, delivery and performance of this t have bee' I t ri ll Countynecessary r r i required I . e. Duration r t. This Agreement shall commence execution f this t, subsequent to executionr and by. the County and shall remain in effect for a periodreasonably it to effect the ProgramImprovements "Term"), t as may be sooner terminated i accordanceit the provisionsf this t. f. E_Acceptance of Gifts, n Assistance Funds. or Bequests. County The r r agree that each shall be, and is, empoweredto acceptf the benefit of any or all ofthem, gifts, grants, assistance funds, or bequests to be used for the purposesf this t. g. Claims r Federal or Statei r r agreethat each shall be, and is, empowered to applyfor, seek, and obtainfederal and state funds to further t r of this r t, provided that all applications, requests, grant proposals, and funding liitt the Propertyr shall be approvedthe County prior . h. AdLudication_ of Dispyt a 2r Disagreements. The County and Propertyr agree that all i t disagreements ll be attemptedto be resolved by t and conferi representatives of each of the parties. If the issue or issues aretill not resolved to the satisfactionthe parties,, then any party Ii have the right to seek such relief r remedy as may be providedthis' Agreementr by Floridalaw. i. None iscrim Mation. The County and Propertyr that there itl be no discrimination agai , and it is expresslyt that upon a determination by a court f competent jurisdiction that discrimination occurred, i r t automatically terminates wi t any further action on the part f any party, effectivethe datethe court order. The County and Propertyr agreeIall Federal and Floridastatutes, and allI I ordinances, as applicable, relating to nondiscrimination. include t limited to: (1Title I of the Civil Rights Act of 1 ich prohibitsi ri i ti the basisf race, color=or national origin; (2) Section 504 of the Rehabilitationf 1973, as amended (20 U.S.C. i r i its discrimination on the basisf handicap; Discrimination Act of 1975, 1® 1which .......... ..... .......... ____. ......... _...__._. Property ne Noise Insulation Affeement Page 1 prohibits discrimination on the basis of ; ( ) The Drug Abuse Office And Treatment Act of 197 (P.L. - ), as amended, relating to nondiscrimination on the basis of drug ; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 197 ( .L. 1- 1 ), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; ( ) The Public Health Service of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient s; (7) The Americans With iilitie Act of 1 (42 U.S.C. s. 121Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; ( ) The Florida Civil Rights Act of 1992, (Chapter 76 , Florida Statutes, nSection 509.092, Florida Statutes), as may be amended from time to time, relating to nondiscrimination; ( ) The Monroe County Human Rights Ordinance (Chapter 11 , Article Vill Sections 1 -11 through 1 -1 ), as may be amended from time to time, relating to nondiscrimination; and (1 ) any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. J. Coop ration. In the event any administrative or legal proceeding i instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities relatedto the substance of this Agreement or provision of the services under this Agreement. The County n Property Owner specificallya a that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. k. Books, Records, andDocuments., The County and Property Owner shall maintain books, records, and documents directly pertinent to performanceunder this Agreement in accordance with generally accepted accountingprinciples consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for audit purposes duringthe term of the Agreement and for four years following the termination of this Agreement. 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflictin any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. . Code of Ethics. The County r that the officers and employees of the County recognize and will be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 11 . 1 , Florida Statutes, regarding, but not limited to, solicitation or acceptance of ` s; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. . Properiy Owner Noise Insulation Agreement 14 of 28 n. No Solicitation/Paynent. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fie employee workingsolely for it, to solicit ors cure this Agreement and that it has not p aid or agreed to pay anyn, company, corporation, individual, r 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 akin of this Agreement. For the breach or violation f this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability n t its discretion, too et from monies owed, or otherwise recover, the full amount'of such fee, commission, percentage, gift, or consideration. Public Access. The County and Property r shall allow and permit reasonable access t , and inspection of, all documents, papers, letters, r other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received 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 comply it 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 t , and inspection of, all documents, records, papers, letters or other "public record" materials in its possession r under its control subject to the provisions of Chapter 119, Florida Statutes, and made r received by the County and Property ner in conjunction with this contract n related to contract rfo n . The County shall have the right 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 y enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement f all attorney's fees and costs associated with that proceeding. This provision shall survive termination or expiration of the contract. The Property Owner is encouragedto consult with its advisorsbout Florida Public Records Law in order to complyit this provision. Pursuant to F.S. 11 .071 and the terms and conditions of this contract, the Property Owner is requiredto: (1) Keep and maintain public records that would be required by the County to performthe service. ( ) Upon receipt from the County's custodian of records, provide the County with a coy of the requested records or allow the records to be inspected r copied itin a reasonabletime t a cost that does not exceed the cost provided in this chapter or as otherwiseprovided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements re not disclosed except as ---_____- ___ _ ......_ ..---. _. open ner Noise Insulation Agreement Page 15 oft authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County -to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian frycords, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Property Owner has questions regarding the application of Chapter 119, Florida Statutes, to the Property Owner's duty to provide public records relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305) 292-3470. •p. Non-Waive"r of Immunk. Notwithstanding the provisions of Sec. 76828, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q. Privileggp and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules, and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r. Le al and Responsibilitiew Non-Delegatio of 2_ Q§kations ----------- Constitutional or SjgjUtoa Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case1he performance may be offered in satisfaction of the obligation or responsibility, Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, ....................................................................... Property Owner Noise Insuliatton Agreement Page 16 of28 state statutes, casib law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance by Non-Parties., No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforde any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, offloer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the commurifty in general or for the purposes contemplated in this Agreement. t. Aftestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. u. No Personal LiabMira No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. v. Execution in CounteMarts, This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Heading . Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. ................ Property Owner Noise Imsdadon Agreement Page 17 of28 IN WITNESS WHEREOF, 'the ,firstexecuted this Agreement as of the day and year . Vb_uuu� 1 Printed NamePrInted Name U rfj 6 yw� -AAJA:�� .,..utiati ._ WITNESSES: PROPERTY OWNER: Signatum Signature ne AnName _ � I co 1 Signature Date PiMM Name ................ MOMR-O' E.'COUNTY BOARD OF COUNTY COMMISSIONERS: (Seek �l 8MAYOR I CHAIRMAN, Attest: , � .P' R By: n SignatureDeputy Clerk � 'c Daie e Ig Conditioning:PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air General Restrictions. Whileproviding I "mink lit" AC system to your condominium as a part of the NoiseInsulation r r modifications, the following limitations and restri i ill apply to all condominiums: 11 condensing units ill be installed I All refrigerant lines (running rom the balcony condensingnit) will be installed consistent itpolicy rules, ng a maximum height of 48 inches. 3. 11 condensate lines will be installed on the buildingexterior consistent with Boardli rules r the highest level of consistency and building architectural t i . 4. All interior AD lines (refrigerant, condensate, lEnergy Ventilator ill be housed in new vertical wall and corner pilasters which ill be constructedto matchquality existing 11 r and locations of the new verticalwall and comer pilasters will differ depending on your unique condominium r plan and number of bedrooms. The NIPtip r it t will review this information wit t your NIP Designi ti . Only electrical service panelsthat are determinedProgram Manager to deficient ill be replaced by the r r of the i Insulation r r modifications. Window,B. to the presence of asbestos, the NIPill provide new custom rr ill instead f the existingrr to thisrevised 1 , existing customill 1 , granite, ill not be replaced. This revision will be an improvement, it r i constriction t improving time i i i . ri The new C. asbestosrequirements ill restrict the abilityto remove existing customri prior to construction ° i 1 i ill not allowa ci t time r the awarded general contractor to securetmatched replacement trim, Therefore, existing crownwall trim, and base, the contractor will, instead, cut the existingtrim the new pilasterr thru wall ao4nfill. At new pilaster locations , if the thru wall ac ifil[ abuts the existing baseboards, the contractor will install a standard -112� painted wood trim t abut the existingtrim, rather than attempting to matchthe existingLit trim profiles and materials. r the completionf the NIP construction, the propertyr will ...... i it A-Property Owner Noise Insulation Agreement a 19 of28 have the optionto replacethe installed trim with t r custom trim to matchthe existing materials and r rl . D. Door Threshold Helqh4. Due to stringent Florida hurricaneimpact and water infiltration buit i , all new aluminumacoustical prime entry € i sliding I tip doors will have thresholds that are considerablyhigher (from the floor) existing door thresholds. higher door thresholds i t r iprotectioninterior of a condominiumfrom water infiltration duri hurricane. E. KW13TS Asbestos Testing, As required t federal requirements, t testing II participating KW13TS coi in Buildingsuric the November 2017 to April 2018 time ri i testing included ll i 7 to 9 sample's at each condominium include gypsum boardit compound, windowI i € and exterior windowr caulking. addition, exterior t I collected on t t €€ I €€ and "courtyard balcony' building I ti . Dependinglaboratory rt l i these samples, the presence of asbestos containing materials the potentialt impact several areas of the NIP construction r to include: - window removal and acoustic window installation, door removal and acousticdoor installation, - removal I f portable "through-wall" AC unitsinfilling of openings, ® ceiling cuts required for installation f the ductless , wall cuts required for the installation of the I , construction f vertical wall pilasters required for ihstallation of the ductless systemAC , construction l t soffit for installation of the ERV RequirementsF. Asbestos Abatement In the event any samplesr t containing t ri l , the awarded1P contractor will be required the followingabatement requirements ring construction: The NIP contractor will be requiredto complyit r safety requirements to include worker r ift , poly curtainsin all areas wherethe surfaces areit and the use of HEPA vacuum cleanersin the areasrchipped, cut and/or sanded. ....... _ .......... ............. _. F—rhibit A-Property Owner Noise Insulation e t Page If samples sh (p o of ACM >1% The NIP contractor will be required to perform full asbestos abatement procedures as directed by the Environmental Protection Agency (EPA) to include: - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windows1doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - it sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crows. - Given the cost to provide required asbestos abatement procedures, the FAA will require THC to develop a design and construction plan that minimizes the disturbance of ACM to ensure the minimization of construction costs, duration, and liability to the contractor and KWBTS property owners. This plan will result in new property owner requirements and design restrictions which are outlined below. H. KWBTS BOARD Authority,of Design Decisjons. The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes 3. Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Sp lit" AC System Installation Requirements 5. Interior Ductless "Mini-Split"AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment Exhffift A-Property Owner Noise Insulation Agreement Page 21 of28 LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Condominium Unit 220-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(s) 370, as amended from time to time, of the Public Records of Monroe County, Florida. ....................... ........................................................................................................................................ --------....................---------------..... ................ Exhibit B-Property Owner Noise Insulation Agreement Page 22 of 28 PROGRAM IMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) Echlbit C-Property Owner Noise Insulation Agreement Page 23 of 28 DEFICIENCY Exhibit NoiseTo Insulation 1. In partial considenation 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 D is attached, the undersigned, for and on behalf of the undersigned and the heirs, e nl representatives, successors, and ass i ns 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 o whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Defci nci s (the "Deficlenciesl against said County r 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. . The Property Owner understands that t 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 performance of the Program Improvements. . If visible, the Property Owner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor" or"Severe". . The Property Owner assumes full responsibility fbr the worsening of any documented inor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete tit - ro erOwner Noise Insulation ee t Page 24 of 2 necessary repairs roperty, to the acceptance of the Programr to minimize any delay r stoppages of work. undersigned7. The i f the release harmless and indemnity provisionsset forth in Paragraphthis apply property damage, injuries, g or damages arisingr fi i all negative impacts that later result after the addition . The provisions of ti _Q shall survive the terminationr expiration of the Property NoiseOwner ti t. undersigned8. The ree that the terms and pmvisions of this shall be bindinginure to the benefit of the undersignedit respective Reirs, personal representatives, successors and assigns. Si , � r b4 11q,1w ---------___......._- _____________- � Pfli6d Name � i Si (J 19 Date Printed me . .........�.. WITNESSES: PROPERTY OWNER: Signature Signature Printed Hama Printed Name - Signature Dots Printed Name WITNESSES: PROPERTY OWNER: _®� i Signature Signature .,�„ ,�._..... I Printed Name Printed Name Signature Date Printed Name Exhibit D-Property O-.. er Noise Insulation Agree en —� a 25 o VENTILATION Exhibit NoiseTo Property Owner Insulation Ag 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 Exhibh E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, 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 ®f 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 officers, agents, employees, consultants and/or contractors to be legally liable. . The Program Improvements may include the addition of acoustical windows and doors, removal and infillin of "through-wall" portable air conditioner units and the addition of a replacement ductless "mini-split" air 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 ( unit which will provide an adequate exchange of inside / outside air to the condominium required by building code. . 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 ( unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. 4. Due to FAA eligibilitylimitations, the Program will not be providing bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of moisture generation in the interior environment of a condominium, the Property Owner agrees to assume full responsibility for 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 wall vent that was designed to allow the passive exhaust of ............... 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