Loading...
09/18/2019 Agreement/Easement-C222 �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 y _ : Heather 1 NIP AssistantProject r 1J2 11:20 AM Pop t of 4 THC, Inc. 710 DaculaSuite 1 Dacula, GA 30019of AVIGATION Key West International Airport Noise Insulation THIS T AGREEMENT is entered into this 1 day of ILL ", hereinafter referred as "t Property Owner," in favor of the MONROE COUNTY BOARD COMMISSIONERS, body politic and corponate, hereinafter referred to a ." RECITALS: A. The Property Owner is the fee simple titleholder to certain I property("theProperty') located in Monroe County, Florida, more particularly described as follows: Unit No. - , CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, of the Public Records of MonroeCounty, Florida. also identified as street address: "2601 S. RooseveltBlvd., Unit " B. The BOCC is the owner and operatorof Key WestInternational Airport("the Airport")and desires to make properties that, through interior noise exposure tin , are determined incompatible as a result of their exposure to aircraftnoise compatible for residential purposes through the implementation of a NoiseInsulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements an ifi tion to the Property Owner's Property necessary o reduce interior noise levels t least 5 dB and to bring the average interior noise level below 5 dB in accordance withl Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCCcondition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIPill include funding from the United States Government pursuant to the Airport and Airway Improvement f 1982, and will Include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property ® ®Key Wee International Airport NIP—Anigation Easement(unit 2) Page 1 of 4 per of Insulation Agreement with the BOCC. The BOWS implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the property necessaly to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average inn noise level below 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA!') on December 19, 2013. G The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual aAgation easement, on terms as hereinafter set forth. NOW T11EIREFORE,for and in consideration of the improvements to be made to the Subject Property through the NIP,the receipt and 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 BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its helm, assigns and all successors in Interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated With the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft actlVity at the Airport, present or fkAure, in whatever fbrrn 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 in and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner,and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heir's, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, 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 generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. k�j Wiit in'temagonal Arport NiP—AWgaton Easement(Unit*C222) Page 2 of 4 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, aftorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property by coming into direct physical contact with the property or the person on the property. 5. Should either party hereto or any of their successor's or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement,or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorne)(s fees and costs iricurred in connection therewith,'including appellate action. ® No provision of this Agreement is to be interpreted for or against any party because that party or that partys legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 7. No breach of any provision of this Agreement may be waived unless 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 anyother provislori of thisAgreement. 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 coveriant, condition or provision contained herein is held invalid, 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 alter the rights and obligations of the parties. If such condition, covenarif 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 by law. 8. In the event the Airport shall be subdivided into more than one parcel, or the Airport or a 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 affect this Agreement so long as a portion of the Airport confirwes 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. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipment installed In the Property by or on behalf of the BOCC. ................... KW West Intemalonal Airport NIP—Avigadon Easement(Unit OC222) Page 3 of 4 This Easement Agreement is executeds of the datei . PROPERTY OWNER- PROPERTY OWNER- ® ° Prinwa NO .mmm�r yu ice: � C✓ V J Date 14'3t'e STATE O � s COUN-ry Or- The foregoing instrument was acknovAedged before me this!Qtday of p 17Y { t� 3 1 r [[ t P p rName(s) Jos"L ei mion �. .: I a�� Public Sln COUNTY BOARD OF COUNTY COMMISSIONER& I WITNESSES: i Y a ° I SignatureIt �P Printed Signature 1 PrinW Nam , b . J pry ;+u STATE OF FLORIDA COUNTY F MONROE The foregoing instrument was acknowiedged before me this , '_`°°°�..���1„ • 20 by Mayoras of the n ounty Board of County Commissioners, body politic and corporate. y commission Expires: ATTORKY 71 r r - Key West International o I -AvIgation Easement(unit ) J.—ME 4 of 4 - I 'r u , Daft i d A A " Address: Kev West bv the Sea ' .. Name(s): Houton PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AMPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (t •) is made and effective the date last below wdtten by and between MONROE COUNTY, a municipal corporation ! ti laws of the State of Fronde. (the "County'), and the undersigned ( ), WHEREAS, the Property Owner is the sole record ownerisimple of certainI property locatedin the Cityt, County of Monroe, Statef Flodda, and more particularly described on Exhibit B attached hereto ( "Property"); and WHEREAS, the County is the owner and operator offi International Airport ( "Airport'), situated In f Key West, County of Monroe, State f Flodda, and in closeproximity WHEREAS, the ires to obtain and preserve for the use and benefit oft i right of free and unobstructedi i landing , takingt the Airport; and OwnerWHEREAS, the Property has electedi t t in the Key West International irport's Noise Insulation Program (the n) and, as part of the the Property Owner has electedto obtain acoustical treatments improvements to the Property as more particularly heretofi Improvements!'); said Program Improvements to be paid County at no t to the Property Owner and in exchange ibr the grantingto the County of an avigation easement over, across and through the Property; and WHEREAS, the ili enteri try i contract with a general contractor t ) to providethe installation f the Program Improvements; and WHEREAS, the Program is t team consisting team manager and assistant , architect, mechanicalelectrical engineer, acoustician t i r selected by t (t ); and WHEREAS, the ty mutually desire to the terms upon whichwill participate in the Program and receive the tconditions herein; THEREFORE, in i i terms, covenants andconditions set forth herein, and other good and valuable consideration, the receipt and ......... .. ....... _ _ .. ........®...... Noiset• t Page r of 28 sufficiency f which are hereby acknowledged, the PropertyOwner and the County hereby agree as follows: 1. 'Grant of Easement. Simultaneously withthe execution of this Agreement, the Property Owner executed and deliveredthe Countyavigation easement (t "Easement") which Easement has been recorded in the public records f Monroe County, Florida. The Easement remains in full force andi hereby ratified in all respects. 2. Pro ram olic tqtements. Consistent with the Program and/or Federal Aviation AdministrationAirport Improvement policies and procedures, the Program Manager has developedsodas olicy Statements outlining construction and eligibilityrestrictions. The Property Owner understands that prescribed Improvements will be consistent with the Policy Statements vide the Property Owner by the Program Manager. A copy of the Program Policy t to nt is attachedi s Exhibit A. . Payment of Programft vements. The Countyto pay fbr the Program Improvements described i Exhibit chereto. The Program Improvements ill b v y t Owner and C4unty, the Program Manager, and performed by the Contractor. . Impeding 9 etitive Bid Process. The Property Owner shall not impede or interfere withthe ContraGtoes ability to select v manufacturersn subcontractors in the preparationbid submittals. To insure competitive bid environment, the PropertyOwner is prohibitedhaving any discussion or communication with the .Contractor in relation to the Program, the contractors id, or this Agreement until after award of the construction contract by the County. Failure of the a ner to comply i this provision shall, at the option f the Countyin its sole discretion, result in disqualification from the Program and cancellation of this Agreement. . Construction Contract. The Countyill award the contract r the Program Improvements itwith Federal and Countycompetitive bidding policies and procedures. The contractill require the Contractor to complete the Pmgram Improvements iin a time period defined by the Manager. Post-Construction o nsibil ffles. The Property Owner shall meet all responsibilities and requirementspertaining to both pre-construction and post- construction: a. Prior to the start of NIPion, the PropertyOwner shall meet all Pre-Construction requirements to include: (1) Removing all valuables (such as 'jewelry, coins, guns, antiques, heldooms, etc.)from their condominium; (2) Moving of all furniture Ion ins into t "Designated Storage Space Area" within the condominium, providing the required "clear area" (white Noise lhmlation Agmement Page 2 of28 spacein sketch) for the Contractor. When doing so, the Property Owner will have ability o utilize the complete Toor to ceiling" space. ( ) Removing of all excessive furniturebelongings from the condominium that will not fit i "Designated p "; ( ) Removing all window anddoor treatments (such as blinds, plantation r , etc.) and storing them in the "Designate Arean; ( ) Removing all electronic and dust-sensftiveitems from their condominium r wrapping with protective polyon them in t "Designated Storage Space Area", ( ) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storingin the Tesignated Storage "• s ( ) Moving all small items and belongings into either the closets r bathrooms s outlined in the TesignatedSketch" Afterb. completion of the NIPconstruction, the Property Owner shall meet II Post-Construction requirements to include: (1) Moving of all fumiture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: the condominium; ( ) Moving of any excessive furniture belongings back into ( ) Re-installation of aII wall treatments, door treatments and wall hangings back to their original positions in the condominium. . In the event the Property Owner falls to perform any and all of the above - n ion responsibilities, the Property Owner shall be removedI participation the Property Owner shall be liable the County and/or Contractor for any and all resulting damages and all direct andindirect 1 to thereto. d. In the eventh rt r falls to any and all of the above ot- t ion responsibilities, the Property Owner shall be liable the County for Contractor for any and all resulting damages and all direct and indirect costs ! thereto. 7. I, ! L Cqst _ ion. Once construction of the Program Improvements ins, the Property Owner shall not Impede construction or alter construction c uI . - In additioni, the Property Owner shall prevent anyII tenants that may occupy the Propertyduring -the r ion of the Improvements from impeding t ion or altering construction schedules. In the vent the Property Owner or any tenant yin the Property Impedes construction or hvpeny Omer Noise ni Page 3 o afters the construction schedule, the Property Owner shall be liable to the Contractor and the Countyfor any damagesand ll direct and indirect costs relatedthereto. B. Safe�Woriftj Environment. The Property O%vner shall be responsible providingfbr fe working environment for the Program n r, Contractor, subcontractons, suppliers, and fit W State and o inspectors. a. Throughout all phases of design andconstruction of the Program Improvements, the Property Owner shall be responsible for: Providing imm m t that is free fmme w l health masks, blohazard conditions, hazardous chemicals, obstacles, weapons kind m � l g RefraWng from verbal abuse or rpm Refraining m aggressive physical contact, Insuring that all pets are completelycurs W . b. n the event the Property Owner falls meet any of the foregoing conditions, the Program process may, at the County'si ti n, be temporarily l suspended t any time. In such event, the Program Manager shall nofify the Property Owner in wflting, stating the corrective acU n nd/or condition(s) req completedr performed by the Propertyr prior to the County resuming the process.Program . In the event the Program process is not resumed due to the Property Owner's failure to completethe comecH ti n(s) n for m its n required the Pmgram Manager, the Pmperty Owner shall be liable to the and/or Contractor fbr any and all damages and all directindirect trelated thereto. d. f the Program processresumed, the Property Owner shall be liable to the County and/or Contractor 1br anyl damages andl direct and indirect costst to or caused by the temporary p mm i n of the Program process. 9. Construction l y w Duhng the m tru ion peflod, the Contractor may expehence unforeseen complications tinns Wating to the installation of the Program Improvements. The construclJonrat ll provide that delays related to these unforeseenm Hcat n n the control of the Contractor and shall be excused so that the time for completion may reasonablyW Construction revisedmay also be there is a delay in awardingf the contractor if the rim Impmvements have t In the event oflack f bidding contractors and/or failure f the lowest responsive, responsible bidder to exedutethe contract, provide a payment and mince bond or show proof of required insurance. I __—cone of Work. The Program Manager reserves the right to make n to the plans and specificationsthe Program Improvements, t It Properly Owner isInnIadon Agminent Page 4 of2 sole discretion, at any time ring the l hn ewe do not reduce the r quality of the Improvements in _ it _ w changessuch necessitated thei f hidden i not readily detectable normal property inspection . 1® wit_n f u,.l" ® Upon completion of the w wits, the Program Manager shall inspect r cause the inspection f the Program Improvements to determineif they were completedpursuant to the terms of the' contract. The Program Manager, l l discretion with rite on program conformance issues as they relatet the Contractor, subcontractors, suppliers w acoustic lProperty is requested to attend the Substantial I ti Inspection aw I input to the Constructionr with respect to the identified tifl pun-list items. I iti , the Property Owner is welcomet attend the Final Inspection. In the event the Property Owner elects to not aftend the Substantial Completion and Final Inspections, they I r their ability t provideInput to the Construction w r with respect to the acceptance of the Program Improvements. In the t there is i r w nt between the Owner and the Program Manager as to a conformancer performance issue, the Propertyr r shall be requiredto submit the discrepancyIn writifigto (represent at twithin f the inspection ii rise to the discrepancy. shall then make a determination t theacceptabilityf t w t . w issue any remedial action that may need to be taken. Mw ll be the final arbiter of any conformance/performance/issues. Failurethe Owner to submit the writtenw l it within the time period cif h ll thereafter foreclose the OwnersProperty ht to fileh complaint. 12. Terminationf A Areement. The Property Owner understands that the signing f this m initiates bot the l I f the Program Impmvements to be performed in accordance with the Program, Therefore, if the Owner aftempts to terminate this t or otherwise impedes the f the performancef the Improvements r the f tl,,ie constructioncontract, the r Will be liable to the County for any and all damages and all direct indirect t thereby. 1 . _Warranties. h wit rr t met r warrant the level f noise i t t r will experience withinthe It f the Improvements w f the Program. a. The County agrees that its contractit the Contractor will include standard1warranties from the Contractor for all materials and workmanship, one-yearSuch warranty period shall cornmence as oft time of the n of the providedwork as for in Paragraph 9. b. t the f construction, the Programr will provide the Property wwith a Warranty & Final Closeout Package which will contain copiesf the policies, product instructions, Ign documents and legal documents. condition of receiving the Warranty & Final Closeout Package, the Property Owner Aropenly OmerNoise i 'on Agreement Page 5 of Z must first submit a completedI n r Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product . In the event of claim, the Property Owner is solelyresponsible for pursuing all future product warrantyissues directly 't each product manufacturer. c. In the event of a claim, the Property Owner shall be solely responsible for, and agrees to contactContractor or product manufacturer directly t coordinatenrequired warranty service andto look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty is ( ): (1) The Property Owners inqui i not directly related t either construction warrantiesr warranties (such i cleaning r product maintenance) i s tr the PropertyOwner's inquiry arises during the one- year warranty period from the Contractor or thereafter; ( ) The Property Owner believes that warranty service i required i s to construction warranty issues, and the one-year warranty period from the general contractor has expired; ( ) The Property Owner believes that service is requiredit respectto productmy issues, the advertisedn d for the product not expired, the manufacturer is currently conducting its ines; and ( ) The PropertyOwner believes that service is required with respect to productwarranty issues, and the advertised warrantyperiod for theproduct' s expired. 14. xi tiDeficiencies. r ill be required sin Exhibit D (Deficiency old Harmless Agreement) which will impute all responsibility and liability to ther for any and all present Pre-Existing Deficiencies t the Property, whether seen or unseen. 15.t complete .... i uuu r ill b required II - required the NIPo successfully c to the NIPacoustic modifications. The n r. „NIl_ ui t mil_ a 11 designated Pre-Work items utilizin their own funs and per the regulred deadlines as establish9d by ..the NIP. In the event the Property Owner fails to completethe designated - items by the establishedI lin , the Property Owner shall be removed from NIPparticipation ner shall be liable the County and/or Contractor for any and all resulting damages and all direct andindirect s related t . 1 . it A i Smoke! , In compliance withthe City of Keyi hall and the CityBuilding Department construction permit issuance requirements, the Property Owner will b required to install 1 -volt' "hard-wired" smoke I s in their condominium i _._ — _-... .. . ...._... ._ ..�.. �. r Owner Noise l Agreement Page of 1 accordance with all applicable codes and regulationsthe requireddeadline established the NIP. The —_ t t y Owner _ ill responsible l _ that the alarmssmoke , t I I ..M,u..0 •r within c��,. I I I modification r1w1lipccur_ , to avoI4. . t nti I t t NIP construction. I . In the eventt r, Mils to in It I I smoke alarms by the establishedI ll , the Property Owner shall be removed from NIPii ti . 17. Suspension of Rrogra The Program process may be temporarily t any fir' during the designI h n the discoveryf Deficiencies due to their potential impact on the Program Improvements and product warranties. ill not resume until the OwnerProperty rall related problemsto the satisfaction of the Prograrn Manager. In the event repairs are not completedin a timely r, the Property Ownerill be liable to the Countyr any and all damages and all direct andindirect costs1 and/or stoppages of the work. imitation t t �® r F,•.•. agrees talterations, r t it tenantoccupying portionf the Property to makealterations to the existingwindows, doors and/or walls from the time f the i til the constructionf the Program Improvements completed. ti n to this I t in writingthe Manager. Failure to adhere to this it t may, at the optionf the Program Manager in its solediscretion, t in an immediate i f the constructionf the PrograrnImprovements the Property. The Property Owner will be liable the County for all direct and indirect I ted with unapproved alterations damages related thereto, post- construction i testing is a very important Program procesi--thif is designedt measure and determinethe actual achieved noise level reduction level at treated properties. If selected by the Program Manager for pre- & post-construction noise testing, the Property Owner agrees to provideto their property for testing agrees to not to make alterationsto the interior f their property (withthe exception repairs f the time the tr �i r noise t. I t insure I tcollection, the PProperty r also agrees to preserve the Interior layout of fitr , floor coverings and window treatments time f.xt t i t t constructionnoise test. The Property Ownerunderstands that t _ failure to adhere, to this requirement It in corruptionthe noisetesting . Therefore, the OwnerProperty understands they may be liable to the Countyit indirect noisetesting in the event these requirementst met. 20. «««Cooperation. 1 t , the Property Owner shall cooperatei the Contractor, the Program Manager and Monroer in the perfon,nance of all phases of the Program Improvements Including, t not limited t , the removal and reinstallationf rugs, wall hangings and furniture Propeny r o' ltiort e 7 o 1 21. 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. 22. 1 t scheduled times and/or upon not less than twenty-four (24) hours advance notice (Wa NIP ernaH andlor leffer), 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 to, property survey, design survey, hazardous material inspection, pro-nolse testing and pre-bid visit. In the event the Property Owner falls to 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 Property Owner agrees to provide access to the Property forty-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 resAlt 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 costs related thereto. 24. Pre and Post Construction Access. At scheduled tiro es and/or upon not less than twenty-four (24) hours advance notice (ida NIP emad 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 access 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 Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner falls to provide access for all requI red NIP Pre and Post Construction visits, 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, 25. Construction Period Access. Upon award of NIP construction contract, the Contractor will provide the Prograim Manager with their final construction schedule, which will include the required number of calendar days to complete the NIP construction in each of the participating condominiums. Based on this schedule, the Program Manager will assign each Property Owner with a designated riumber 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 re7enter their property for any reason during their assigned construction period due to safety concerns and the potential to negatively impact the Contractor. In the event the Property Owner falls to provide access for their assigned construdon time period, the Property Owner shall be removed from NIP ---------- .......... Nopeny Omer Noise Inmiadon Agmement Page 8 of28 participation and the Property Owner shall be liable o the County and/or Contractor for any and all resulting damages and all direct andindirect s related thereto. 26. Construction Period Extension Due to Hurricanes. i the NIP construction period will extend into the s 'c n n, there is potential for construction l / r stoppages, beyond the control of the Contractor, in the event of a threat of an approachingnand/or an actual hurricane event. Due to this possibility, the Property Owner understands that delaysoccur in additiontheir originally asin r ion time period, without any fault or cost to the Contractor and Program Manager. Furthermore, the Property Owner agrees to relocate from their condominium r all additional calendar days resultingfrom NIPconstruction work stoppages due to a hurricanethreat or event at no cost to the County, Contractorand/or Manager.Program In the event the Property Owner falls to provide the required additional access their condominium due to hunicane-related workstoppages, the OwnerProperty shall be removed from NIPparticipation and the Propertyr shall be liable ounand/or Contractor for any and all resulting damages and all direct and indirect is related thereto. . u L1kq of Pre-Exigting ficlencies Duringion. In the eventh or discoverspre-existing deficiencies t the Propertyduring I construction process that negativelyimpact the installation of the NIPimprovements, the Property Owner agrees to immediately it and remedlatesuch deficiencies in an effort to reduce anynegative impact on the scheduledconstruction period. The Owner understands that, depending on the timing tpre-existing deficiency repair, the NIP construction period may need to be extended, t no faultf the Program Manager or Contractor. I n _s it ink itions on Construction ,uuSchedule. The Property Owner understands that unforeseen building conditions that may arise during the I ion may haveof nti I to increase the original scheduled tin of construction, which is not the faultthe Program Manager nor Contractor. The Property Owner needs to planfort - possibility t the originally-scheduled const ion completion date may be delayedfew additional days due to unforeseen building conditions that may arlsecomplicate the NIP construction. 29. gxIsfing, in 1 Door Treatments, Shades andBlinds. The Propertyr understands that, after the initallation of new NIPis window doors, the existingand/or door treatments, s and blindsy not be compatible nor able to be re-Installedi i the now and existing 'ndows and doors. 30. Existing Crown Mo[dins. urin installation the new acoustic windows o , the NIPill be providing 'standard" replacement interior trim and sills. The Property Owner understands that the NIP replacementtrim ill not match cut /or specialized crown moldingernsand/or custom window and door trim. r the completionh IP modifications, the Property Owner will have the abilityto make modificationsI interior trim at their own . �.. _ --.....—---- ... .............. ....................... Noise Insuladon Agreementa 9 of 28 31. Qomrnunlggtl9p_ uirements. The Property Owner agrees to read and review all NIP ernalls and/or letter's in a timely fashion which are being provI ded by the NIP to ensure schedule conformance. In the event the Property Owner falls to meet this requirement, it could result in removal from NIP participation. 32. Title Examination, The Prograrn Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Prop" title is free from liens and/or title defects. 33. Cooperation in Clearing,_1LItle. Prior to the cornmencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order tD (1) 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 (11) secure the wriften consent of any and all mortgage holders to the Property Owners conveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, 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. 34. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agreas to the following provisions: a. The Property Owner shall subject the construction wodc on the projeGt to such inspection and approval duHng the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Pmgram Manager and/or Monroe County. b. 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. 35. Reduction of Fresh Air Infiltration. The Property Owner vAll be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 36. Salvage of Materials & E y1pMpol. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Impmvements, the Property Owner shall arrange for the salvage of said materials and equipment directly wit he Contractor at the Property Owners sole risk and expense. The County assumes no responsibility for the condition of the material, equipment or surrounding suffaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall, prior to the comrnencement of construction, agree upon and execute a document listing those It to be salvaged. In the absence - ——---------------- ...... Ptapeny Owner Noise imulation Agmement Page 10 of28 of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 37. Property Insurance. During Program construction period, the Contractor will provide builders risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeownees insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractors builder's risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38. Timing and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractors original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant quantities of dust and debris rendening portions of the Property uninhabitable for extended periods of time. 39. Labor and Material Release. The Property Owner releases and forever discharges any and all claims, suits and actions against the.Program Manager, the County and its officers, employees, agents, consultants; and contractors and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract VAth the general contractor. 40. "Sale of Piro e . In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owners responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 41. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquI escence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 42. Belease of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100-00) to cover the costs of the preparation and recordIwo g of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Owner's responsibility to insure such payment is made in order to "clear"the title to the Property. ................... Propeny Omer Noise Inmiadon Agmement Page 11 of 28 43. Authority to Execute On Behalf Of Count . By Resolution No. 111- 2Q04, duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 1 r day of March 2004, grant full authodty for the County Administrator to execute 07is—Agreernerat 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 Descdption of Property c. Exhibit C: Program Improvements. d. Exhibit D: Deficiency Hold Harmless Agreement a. Exhibit E: Ventilation Hold Harmless Agmement 45, General Conditiong! a. governingl-aw Venue,, Intemretation, Costs, and Fees. (1) This Agreement it be governed by and construed in accordarice 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 arid 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 Owrier agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, arid out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 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. Propeny Owner Noise Inmiation Agmement Page 12 of 28 c. aSevernablilty. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or uneof e to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall-be valid and shall be enforceable to the fullest extent perTnifted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. AgItority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. a. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect for a period reasonably required to effect the Program Improvements (the 7erm"), except as may be sooner temilnated in accordance with the provisloris of this Agreement. f. nce of Gifts Grants Assistance Funds, or Beguests. The County and Property Owner agree that each shall be, and is, empowered to accept I& the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used fbr the purposes of this Agreement. g. Claim's ibr Federal or State Aid. The County and Property Owner agree that each shall be, and is, empowered to ip—piy for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided that all appilcations,- requests,. grant proposals, and funding solicitations by the Property Owner shall be approved by the County prior to submission. h. A of s ---d jL4dicatlon _ DLI 2utes 2r Disagreements. The County and Property Owner, agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 1. Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nond iscriml nation. These include but are not limited to: (1) Title V1 of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.0 s. 7941.which prohibits discrimination on the basis of handicap; (3) The Age Discrimination Act of 1975,' as amended (42 U.S.C. ss. 6101-6107), which PropeM Owner None Insulation Agmement Page 13 of 28 prohibits discrimination on the basis of age, (4) The Drug Abuse Office And Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health Service Act of 1912, s& 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 records; (7) The Americans With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to nondiscri rn!nation on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Flodda Statutes), as may be amended from time to time, relating to nondiscrimination; (9) The Monroe County Human Rights Ordinance (Chapter 1314, Article Vill Sections 13-101 through 13-130), as may be amended from time to time, relating to nond iscri ml nation; and (10) any other nondiscrimination provisions in any federal or state statutes or local ordI nances which may apply to the parties to, or the subject matter of, this Agreement. j. Cooperation. In the event any administrative or legal proceeding is 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 related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree 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, and Documents. The County and Property Owner shall maintain books, records, ts directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and time'ly access to such records of each other party to this Agreement for It purposes durling the term of the Agreement and for four years fbilowing 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, whI ch would conflict in 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. m. Code of Ethics® The County agrees that the officers, and employees of the Co'unty recognize and will be required to comply with the st f andards o conduct relating'to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts-, doing busI ness with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. h-openy Owmer Noise Imulation Agmement Page 14 of 28 n. 'No Solicitatio ent. The County and Property Owner warrant that, in respect to itself, it has neither ern—Pi6yed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that'it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting fmm the award or making of this Agreement. For the breach or violation o'f this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset fmm monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. ' o. Public Access. The County and Property Owner shall allow and permIt reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction Wth 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 with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter I 19, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract performance. 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 may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorne)(s fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply Wth this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the Count%/s custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied vAthin a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as -- oi e lon Agmement-------—- ........................ ...... ............... P I r I op 11 eny Owner Ns I?=,.&adi Page 15 of 28 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 of records, 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 Ownees duty to provide public records relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305) 292-3470. p. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local govemment liability insurance pool coverage shall not be deemed a waiver of immunity by the Courdy to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision fbr waiver. q. Prylle, as and Immunities. All of the privileges and immunities from liability; exemptions from laws, inan ii,—and rules; and pensions and relief, disability, workers' compensation, and other benefits whicti apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the terdtorial 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. j@_qaI Lions and Responsibilities, Non-Delegation of Constitutional or Statuto reernent is not intended to, nor stiall ii it be M , This 4�9 �6—n -n-jid Duties - 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 case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, ........... ....... Nopeny Owner Noise InnIation Agmement Page 16 of 28 state statutes, case law, and, specifically, the provisions of Chapters125 and163, Flodda Statutes. Non-Reliance bon- ti ss. No person or entity shall be entitled to relyupon the terms, or anythis Agreement to enforce or attempt t enforce any third-party third-party claim t entitlement to or benefit of any service or program contemplated r, and the County and Property Owner agree that neither the Countynor Property Owner or any agent, officer, or employee of eachshall have the authority o inform, counsel, or otherwise indicate that any particular individual r group of individuals, ti r entities, have entitlements or benefits under this Agreement separaten , inferior to, r superior to thei in general or for the roes contemplated in this Agreement. t. Attestations. The Property Owner agrees to executesuch documents the Countyl i in the performanceof the obligations and duties of the County or Property Owner under this Agreement. Personal Liability. No covenantr agreement contained herein shall be deemedcovenant� r agreement of any member, officer, agent or employee of MonroeCounty in his or her individual city, and no member, officer, agent or employee of Monroe CountyII be liable Il this Agreement or be subjectto any personal liability r accountability by reason of the i of this Agreement. v. Execution_ i „ CounterpgarMts. This Agreement may be executedi numberany of counterparts, each of whichshall be regarded as an original, all of which taken together II constitute one and the same instrument and any of the parties hereto may executethis Agreement by signing any such counterpart. w. Section Heading . Section headings haven inserted in this matterAgreement as a of convenienceonly, and it is agreed thatsuch section headings not a part of thist and will not be used in the interpretation of any provision of this Agreement. .� ___......__ F....... Owner Noise Insulation Agmement Page 17 of IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. .............. ............ WITNESSES: PROPERTY OWNER: 'ho ra Name Printeal Name it,Z--t- S-iin-ature Date Printed Name WITNESSES: PROPERTY OWNER: re 2p, .......... turn"I' PrInted prin""",rd,Nan",'a -cs NMI Signature Date Printed Name-- ZZ C' .......... • ............... ....... 19 TY BOARD OF COUNTY COMMISSIONERS: 7 I (Seal),., MAYOR/ CHAIRMAN: Sylvia J. Murphy kE.V.IN.&k6OK, CLERK ........... By: Deputy Clerk Signature 4W T6UNT uN, Y X TY ATTI RNEY Tq "A ............ ;'DRT Page o PropePropertyOwner Noise Insulation Agreement 7,ute, fifmf��' 18 f28 qf PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air ® tl it l '� i i- Il �' system- r condominium as a pathe NoiseInsulation modifications, following limitations and restri i ill apply to all condominiums: All condensing unitsill be installed I All refrigerant lines i the balcony condensingits will be� installed consistent i li 1 , maintaining a maximumheight of 48 inches. 3. All condensate lineswill be installedthe buildingconsistent with Board policy I the highestl of consistencybuilding architectural t ti . All Interior AC lines f ► electricao and Energy Recovery Ventilator (ERV) ductill be housed in new vertical wall and comer pilasterswhich ill be constructed to matchquality f existing walls. The number and locations of the new vertical ll and comer pilasters will differ depending on your unique condominium r plan and number of bedrooms. The NIP executiveill reviewl Information i t your NIPi IMeeting. Only electrical service panelsthat are determinedthe Program Manager to be deficient ill be replacedthe Program as a part of the NoiseInsulation modifications. B. Window Sill Reptacernem. Due to the presence of asbestos, t i ill provide now custom wood surround and ill in.stead of the existing to this i 1 , existing custom sills (marble, will not be replaced. This revisionill be an improvement, while decreasingi improving time l i . MoldingC. Custom Crown requirementsThe new asbestos abatement ill restrict.the abilityto remove existing customa to constructionoriginally i ill not allow i for the I contractor to secure custommatched replacementtrim. Therefore, existingmoldings, l trim, and base, the contractor will, instead, cut the existingtrim flush to the face oft it r thru wallEll. At now pilasterlocations and, if the thru wall as infill abuts the existing baseboards, the contractor ill install - paintedt abut the existingrather than attemptingto match the existingtrim profiles materials.and r the completion , the property owner will ibtt - r o' lt' t e 19 of 2 have the option to replacethe installed trim withother custom trim to match the existing materials n profiles. D. r I ! . ® Due to stringent Florida hurricane impact and water infiltration building s, all new l i sti I prime entry swinging doors sliding lass patio doors Will have thresholds that are considerablyhigher (from the floor) than existing door thresholds. These higher door thresholds are designedt provide optimum t ion to the interior of a condominiumwater infiltration during a hunicane. E. KWBTS Asbestos Testin. As required to and federal requirements, THC conducteds testing n all participating ndo iniu in Buildings A, B and C duringNovember 2017 to April 2018 time period. This testing included collecting 7 to 9 samples tech condominium 'include gypsum joint und, window glazing, n erior windowoor caulking. In addition, random� exterior stucco lcollected on of "walkway" "courtyard 1 balcony" building l v ti n . Depending the laboratory analysis of these samples, the presence of asbestos containing at ri is (ACM) have the potential to impact v l areas of the NIP construction process to include: - window removal and acousticin installation, ® door removal and acoustic door installation, oval of portable "through-wall" AC units and the infilling of openings, - ceiling cuts required for installation of the ductless AC, ll cuts required for the installation f the ductless AC, construction of vertical wall pilasters requiredr installation of the ductless AC system & ERV ducts, construction of closet i r installation of the ERV. AsbestosF. I In the event any samples show a presence of asbestoscontaining at I ( ), the awarded NIP contractor will be requiredto perform the followingabatement requirements ri construction: If sa ppjeso senc _ The NIP contractor will be requiredo comply with OSHA worker safety requirementst include r respirators, poly curtains in all areas where the surfaces are disturbed and the s vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. _ _ ...®...... . Exhibit A-PropeM Owner Nobe InsWation Agmement Page If a �� i s o a „µ _ >1'No The NIP contractor ill be requiredfull asbestos abatement procedures as directedthe vi n I Protection Agency(EPA)to include: Construction of ACM containment barriers in all areas (walls, ceilings, closets, In o ors), approximately 4 feet from all walls and areas impacted the NIPmodifications. Abatement and bagging (resuffing from demolition ) certified asbestos abatement staff. ir sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allowc to containment areas by traditional (non-abatement) . - THC will be requiredprovide executive oversight of all ACM abatement processes in all condominium's throughout the NIP construction process t ensure r compliance with federal and stateabatement guidelines. - The presence of ACMill have a significant impact on the NIPconstruction process, lengthening the ion period and increasing the sequencing and coordination requirementscontractor crews. Given the cost to providei asbestos abatement procedures, the FAA ill require THC to develop a designconstruction plan that minimizes the disturbance f ACM to ensurethe minimization of construction costs, duration, and liability to the contractor and KWBTS property . This plan ill result in now property n r requirements and design restrictions which are lined below. Authority,H. KWOTS BOARD ' l I will have the Authority to make several of the i ciion 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-Split' AC SystemInstallation Requi nt . Interior Ductless "Mini-Splif AC System Interior Soffit Design andPlacement 6. In-Filled ' c n Prime Door Policy Treatment ibis A-Property Omer Noise Insulationt Page 21 of2 LEGAL DESCRIPTION Exhibit NoiseTo Homeowner Insulation Unit No. 2 - , CORAL BAY GARDENS OF KEY WEST BY THE SEA, condominium, together with an undivided interest in the common elements, according the Declaration of Condominium thereof, recorded in Official Records Book 589, Page , as amended from time to time, of the Public Records of Monroe County, Florida. .... .... T �__ .. ..�........ a 22 of 28 Exhibit B-Property owner NoiseInsulation t PROGRAM IMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This ExhibU C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include: 0 Architectural Drawings 0 Replacement Aluminum Acoustical Windows & Replacement Aluminum Acoustical Swinging Prime Door(s) 6 Replacement Aluminum Acoustical Sliding Glass Patio Door(s) .. ........ .......... Page 23 of 28 Exhibit C-Propeny owner Noise insulation Agreement DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. in partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreemenf) between the County and Property Owner and to which this gKhibff Q 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, instiltute claims against, or institute any proceedings against, tipe County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection if any and all Pre-EAsting Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors, to be legally liable. 2. The Property Owner understands and assumes full responsibility for the Deficiencies presentint ther visible to the Program Manager or unseen. 3. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of'execution of this Agreement which could include, but not be limited to, code v iol ations, structural damage, water I moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4. if visible, the Property Owner understands that the Program Manager may idenfffy 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 Wlnoe' ors,'Severd% 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Defidiencles. 6. In the rare event "Severe" Deficiencies are Identified during the design process, the Prop" 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 uSevere" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete owner Noi........ ................. Page 24 of28 Exhibit D-PropvV se Inmiation Agmement necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of work. 7. The undersigned acknowledge and agree that all of the release and hold harmless and indemnity provisions set forth in Paragraph 1 of this ggh_ibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all n6gative impacts that later result after the addition of the Program Improvements. The provisions of this gKhibit P shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit shall be binding upon, and inure to the benefd of the undersigned and their respective heirs, personal representatives, successor's and assigns. . ....... ....... W SSES- L fll?,te, We 0 41n Pflnted eme e� a- Signature 6 iFTH�nn—te d N a-me ........ ............... PROPERTY OWNER- NES5 I,S liatu re %natare P .......... 7 Pdnked Name Signabire ate, Pin Name ....... ........... ............. ............ WITNESSES: PROPERTY OWNER: I nature Signature Printed Name Pr9 Name Signature Pdnted Name ........... ....... ....... ....... ....... Page 25 of 28 Exhibit D-Property owner Noise Insulation Agreement 'VENTILATION Exhibit PropertyTo iInsulation 1„ In partial consideration of the compensationid on behalf of the County and the Program for the Program Improvements be madethe Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to whichthis gKh1blitE_ is attached, the undersigned, r and on behalf of the undersigned ipersonal representatives, successors, and assigns of the undersigned, yr releases, remises, discharges, indemnifies and covenantsnot to sue, institute claims against, or institute any proceedings again , the County, or any of its agents, officers, pl Inand/or concerning contractors any and all claims, nds, damages, actions or causes of action of whatsoever kind and nature on account of bodilyinjuries or death, damage to-the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned t their respective heirs, personal representatives, successors and assigns in connection with any and all Ventilation ci ci (the 'Deficiencies") against said r any of Its officers, e pl sand/or contractors to be legally liable: 2. The Program Improvements may include the addition of acoustical windows and doors, removal and infilling of "t - ll" portable air conditioner units and the addition of a replacement ductless "mini-splif air conditioning system. these modificationsill result in a tighter Interior environment due to the elimination of II passive inside I outside air leakage that was naturallyoccurring in all openings, the Program Will also include the addition of a energy recovery ventilation ( ) unit which ill provide an adequate exchange of inside / outside air to the condominium requiredy building code. 3. Given tightened interior environment of the ate ndo iniu , the Property r agrees to assume full responsibility for the proper operation of the now Program ductless AC systemv ventilation ( ) unit to avoidthe potential for mold and moistureproblems, especially duringperiods when the condominium is closed ni ite . 4. Due to FAA eligibilitylimitations, the r ill not be providing bathroomut fan treatments. i tubs and/or showers are a source o moisture ti in the interior environment of a condominium, the Property Owner agrees to assumefull responsibility for ensuring that all bathrooms have an operable bathroom exhaust fan capable of properly exhaustingbathroom moisture to the exterior f the building. It should alsonoted that the original KWBTS condominiums constructed were ith a small wall vent that was designedto allowthe passive exhaust o f it - er o' 1 'on t Page26 o bathroom moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condition, these original wall ism still present) have the potential to provide a pathway fbr unwanted air, smoke and/or gases into the condominium intedor. The Property Owner agrees to assume full responsibility for the sealing of original wall vents in all bathrooms and for any and all negative impacts that may result if left untreated. 5 It is clearty a building code Violation to dWt laundry dryer exhaust to the KWBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted their laundry diyer vent to the KWBTS central building exhaust shafts, they agree to correct this deficiency by properly exhausting their laundry dryer exh aust in an alternative method that meets current building code, at their cost before the initiation of the Program construction process. Furthermore, the Property Owner agrees to assume any and all liability related to the improper ducting of their laundry dryer exhaust. ® The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the interior of the condominium, The Property Owner understands and assumes full responsibility for maintenance fitterior moisture and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccumence or worsening of moisture problems and/or intedor humidity levels, in the Property., In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph I of this Exhibit E apply to injudes, deaths, or damages sustained in connection with or as a result of any and all Interior ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew,-and/or lack of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. B. The undersigned hereby agree that the terms and provisions of this ExhlbM E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. .................... ................. .... ........... PROPERTY OWNER: NESTi 4­ sigratum h. Pflutad M' Ignature Date fln Name ......... .......— —---__- ............ ... ........ Page 2 7 of 28 ibit E-Propeyty owner Noise insulation Agreement PROPERTY OWNER: W WITNESSES: W "joc c m "` r Signature m „ y e a printed Name WITNESSES: mm� PROPERTY OWNER: Signature St na �� P�intad Nam® Printed fVame Signature Printed Name ... e2 of2 i it -PropeHy Owner Noise Imulation Affeement