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09/18/2019 Agreement/Easement-C223 �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 . Dared By and Return To. Heather P. Faubert Doe 0 220752 MW 8 PO 24M NIP Assistant Project Manager 4""2020 11:2() 1 of4 TH , Inc. 710 Dacula Rd., Suite 4A#315 Deed Doc Sump So 00 Dacula, GA 30019 Filed of c CPA AVIGATION EASEMENT Key West International Airport NoiseI I THIS T AGREEMENT is entered into this 10 day by" lAMS & DALE B. WILLIAMS", hereinafter referred t as "the Propedy Owner,". in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, body politic and corporate, hereinafter referred to a " ." RECITALS: PropertyA. The ner is the fee simple titleholder to certain real property("theProperty") located in Monroe County, Florida, more particularlydescribed follows: Unit No. -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 Book589, Page 370, as amended from time to time, of the Public Records of Monroe County, Florida. also identified as street s: '12601 S. Roosevelt Blvd., Unit C223" B. The BOCC is the nrn operatorof Key West International Airport("t i ')and desiresrti that, through interior noise exposure testing, determined incompatible ult of their exposure to aircraftnoise compatible for residential purposes through the implementation of a NoiseInsulation ("NIP"). C. Under the NIP, the Airport will design n install or pay for the installation improvements and modific tin the Property Owner's Propertye to reduce interior noise levels t least 5 dB and to bringthe average interior noise level below in accordance with Federal Aviation Administrationpolicy. Granting of an Avigation Easement (" t") is a BOCC condition of participationin the NIP. The Easement ill supersede anyimplied r prescriptive easementsthat the BOCC may have obtained under applicable laws. D. The funding source for said NIPill include funding the Unitedt v t pursuant to the Airporti Improvement 1982, andill include funding from the BOCC, actingin its capacity as the owner r of the Airport. E. The Property Owner desires to participate in the NIPand has entered into a Property W Intem goonal AI rt NIP—AvItIo a .._. flan Easement(Unit 23) Page 1 of 4 Owner Noise Insulation t with the ' implementation the NIP will benefit the Property Owner and the Property by providingi i t soup attenuation construction on all eligible residential structures on the property necessary to achieve a reducion in DNL indoor noise levels t least riaverage interior noise level to in accordance with Federal Aviation Administration policy. F. The Property Ownerfully understands that the NIPli i ili l change at some future time, but is currently based on the 93 Existing ConditionofExposure Map acceptedh I Aviation Administration ( ") on December 19, 2013. G. The NIP will be administeredin accordance withthe current FAA Order 5100.38, Airport Improvement o . H. It is the u this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set . NOW THEREFORE,for and in consideration of the improvements to be made to the Sub Property through the NIP,the receiptis is hereby acknowledgedy both parties, in consideration and incorporation into this Avigation Easement of the recitals t forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalfr and its heirs, assigns II successors in interest, does hereby grant, bargain, sell and conveythe , its successors and assigns, r to I avigation easement over the property. The use of the Easement shall include the right to generate and erfilt noise u other effects as may be associatedi operation of aircraft over or in the vicinity the property. This Easement shall apply to all such aircraft activityt the Airport, present or future, in whatever 1brm or type, duringion at, on, to or from the Airport, and it being the intent of the partiesthat all such Airport activityII be deemedto be included within the purview of this Easement. 2. This Easement shall be perpetual in natureII bind and run withthe title to the property and shall run t benefit of the BOCC or its successor in interest as owner and operator of the Airport. Owner3. The Property on behalf of the Property Owner, its heirs, sinand successors in interest, does hereby release the BOCC, and any and all related partiesof the BOCC, including t not limited to BOCC members, officers, agents, servants, employees and lessees, n II claims, demands, damages, debts, liabilities, costs, attorney's attorney' fees or causes of action of everyi t nature for which the Property Owner or its heirs, assigns, or successors currently v , have in the past r will in the future possess, result Airport operations or aircraft activities noise levels I to or generated by Airport activity, or aftermay here I h It of use this Easement, including a not limited t above-mentioned property r contiguous property due to noise, and other effects of the operation of the Airportr of aircraftlanding r taking off at the Airport. - . K t International Airport —Avi don Easement t(unit 3) Page 2 of 4 . This Easement expressly excludes and reservesthe Propertyr and to the Property Owner's heirs, ssigns and successors in interest, claims, demands, damages, debts, liabilities, ' or expert's fee, or causes of action for physical damage or personal injury i r part of anyi in the Easement that doesidentifiable ph ! I damage to the property or injury o a person n the property by coming into direct physical contact withthe property or the person o the property. 5. Should i t party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisionsi t protect its interest in any matter arisingunder this ,or to recover damages by reason of any allegedf any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited t , attorneys fees and costs incurred in connection therewith, including II to action. vision of this Agreement is to be interpreted for or against any party because that party r that party's l I representative drafted such provision. This Agreement shall be interpreted and cons in laws of the State of Florida. 7- No breach of any provision of this Agreement may be waivedl in writing. Waiver of y one breachof any provision of this shall not be deemed to be a waiver of y other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time f the modification. In the event that any one or more covenant, condition or provision contained hereinis hold invalid, ! or illegal by anyt jurisdiction, t II be deemed severablethe remainder of thisAgreement and II in no way affect, impair or invalidate any other provision hereof so long as the remaining vi ions do not materially alter the rights obligations of the partie . I such condition, r other provision shall be deemed invalid this r breadth, covenant, condition or other provision shall be deemed validto the extent f the scope or breadth permittedy law. 8. In the event the Airportshall be subdividedinto more than oneI, or the Airport or portion thereof becomes subjectto operation, management or administration in additiono or inlieu in that v the parties agree that same shall not terminate ot otherwise this long as a portionthe Airport continues to operate for standard airportflight purposes, and that any such in Interest to the BOCC shall be entitled II oft fits running to the hereunder. 9. The Propertyr agrees that the Property Owner shall bear and be responsiblefor II costs of maintainingoperating n do materials and equipment installed in the Property by or on behalf of the BOCC. _......._.... a.......... Key Met International Airport NIP—AvIgation Easement(unit 3):__.... _.....` Page 3 of 4 ___ This Easement Agreement is executedfirst v . -:9 5 � ... I n Sigre Hato Printedam ri m Data Date COU:: , rye N Theflaregoing instrument was acknowledged before me this ALqay of nti �` ^ an'� T, 20 by Property Owner Names) I P � Nalary Public State off Fl+ariea j My Commission Expl Jasshm L Wallace terry Public SignatureMy Cwnmi@ un GG 253N2 _.................. ..... ............_. . COUNTYMONROE COMMISSIONERS: WITNESSES: Y 3 3 Signature IPS,Ignai� t t Printed Name Prinlad Ne m Signature I PdnWd Name ` STATE OF FLORIDA COUNTY OF MONROE �` The foregoing instrument was acknowledged before me i s I�fl` 20 ..,......... b b , Y �.,�, as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. � Rotary 3 Commission' o Public I natu..�.e. 1 ._..... �._.. &1l ' MEY ,< f 4-;7 a f Key West Intematlana!Airport NIP—Avlgatlon Easement(Unit#C223) ASSISTANT � � _._.Page 4 bf 4 Deft r Address: e), West b v the Sea Unit No.. C223 a.m Name(s) Willfi .ns PROPERTY OWNER NOISE INSULATION AGREEMENT KEY T INTERNATIONAL , THIS NOISE INSULATION ENT (this "Agreement") is made and effective the date fast below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). 1 T N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain realp perty located in the City of Key West, County of Monroe, State of Florida, and moreparticularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the " Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to theProperty; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed i ht for aircraft landing upon, king off from, or maneuvering about the Airport, and WHEREAS, the Property Owner has elected to'participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property o particularly described on Exhibit Q attached hereto (the "Program Improvements"), said Program Improvements to be paid for by the County t n.p cost to the Property er and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed y the consultant team consisting of a team manager and assistant manager, architect, mechanical 1 electrical engineer, acoustician and construction manager selected by the County(the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and Omer Noise Insulation Agreenent Page I of 28 sufficiency ish are hereby acknowledged, the Property Owner and the County hereby agree s follows: 1. �Grant _of Easement. i l l it the executionthis Agreement, the Property Owner executed and delivered to the County an avigation easement ( "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remainsin full force and effect and is hereby ratified in all respects. 2. Program Policy t to n Consistent with the Program and/or Federal Aviation inistration Airport Improvement olicis and procedures, the Program Manager has developedseries of Program Policyto outlining construction and eligibility restrictions. The Property Owner understands that prescribed Improvements will be consistent with the Program Policy Statements vi to the a nr by ther. A copy of the Program Policy t t nt is attached hereto 1 1 A. . Payme of Program Improvements. ut s to pay for the Program Improvements cri in Exhibit Q attachedto. The Program Improvements ill be approvedthe Property Owner and County, n the Manager,Program and performedby the Contractor. 4. Impeding Competitive BidProcess. The Property Owner shall not impede or interfere with the Contractors ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To insure a competitive bid environment, the Property Owner is prohibited ' any discussion or communication with the Contractor in relationto the Pmgram, the contractors bid, or this Agreement until after award of t construction contracty the County. it t r ply with this vision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. 5. Construction Contract. The Countywill award the contract for the Program Improvements consistent with Federal and Countycompetitive bidding policies procedures.and The contractill require the Contractor to complete Improvements iti a time period fin the Program Manager. .0 Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertainingto both - ru ion and post- construction: a. Prior to the start of NIPion, the Property Owner shall meet all Pre-Construction requirements to include: ( ) Removing all valuables (such as jewelry, ins, guns, antiques, heirlooms, etc.)from their condominium; ( ) Moving f all furniture andbelongings into the "Designated Storage " within the condominium, providing the i "clear " (white Pmpeny Owner Noise Insulation Agmement Page 2 of 28 space in sketch) fbr the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to oelling" space, (3) Removing of all excessive fumiture and belongings fmm 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 its from their condominium or wrapping with protective poly before storing them in the Tesignated Storage Space Area"; (6) Removing all wall hangings (such as mirrors, pictures, hanging sheI ves, etc.) and storing them in the 813asignated Storage Space Area"; (7) Moving all small It and belongings into either the closets or bathrooms as outlined in the Tesignated 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 furniture 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 Pmperty Owner falls to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner all 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. ® Impeding, Construction.. Once construction of the Pmgram Improvements begins, the Property Owner shall not impede construction or alter constniction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property dudng the construction of the Program Impmvernents from impeding construction or altering construction schedules. In the event the Property Owner or any"tenant occupying the Property impedes construction or .. ......... ...........____......— Peoperty OMer Noise Imulation Agreement Page 3 of28 alters the construction schedule, the r shall be liable to the Contractor Countyand the for any damagesn II direct and indirect t related thereto. B. Safe WorkinqrEnvironment. The Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, nCity, County, Stateand federal inspectors. . Throughout all phases of design and construction of the Impmvements, the Property Owner shall be responsibler: (1) Providing a workingenvironment h t is free from potential health risks, blohazard conditions, hazardous chemicals, obstacles, weaponsf any kind and/or explosives-, ( ) Refraining from verbal abuse or profanity; ( ) Refraining from aggressivephysical ( ) Insuring that all pets are completelysecured n i . b. In the event theOwner falls to meet any of the foregoing conditions, the Program processt the County'sdiscretion, be temporadly suspended t any time. In such event, the Program Manager shall notify the Property Owner in wdting, tin iv in( ) and/orcondition(s) required completed or performed by the Property Owner pdor to the Countyresuming process.Program . In the event the Program process is not resumed Property Owners failure to completeiv i ( ) and/orcondition(s) requiredthe Program Manager, the Property Owner shall be liable tote County and/or Contractor for any and all damages and all direct andindirect costs related thereto. d. If the Program processis resumed, the Property Owner shall.be liable to the County and/or Contractor for any and all damages and all direct and indirect costsI t r caused by the temporary suspension of the Program process. 9. Construction _-Qelays,. Dudng the construction pedod, the Contractor may expedence uryforeseencomplications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of the Contractor and shall be excused so that the timefor completion may reasonablyextended. t ion schedules may also be revised if there is a delay in awardingr if the Program Improvements ve to be re-bld in the eventlack of biddingt for failure of the lowest responsive, responsible bidder to execute the contract, providepayment and perfonnance bond or show proof of requiredinsurance. 10. Changest n r reserves theright to make changes to the plans and specifications the Program Improvements, its Propertyner Noise Insulation Agreement Page 4 of 28 soI e discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectabI e during normal property inspection procedums. 11. Acceptance of Work. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program lmprDvemerents to determine if they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority on program conformance and performance issues as they relate to the Contractor, subcontractors, suppliers and acoustic designs. The Property Owner 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 welcome to 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 to provide input to the Construction Manager with respect to the acceptance of 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 wd,ting to Monroe County (representative to be'defined belbre the NIP construction process) vAthin 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determination as to the acceptability of the conformance/perf6rmance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformance/performence/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners right to file such complaint. 12. in tip of Agreement. The Property Owndr understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in acoordance with the Program. Therefore, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Prograrn Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and aII damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will experience Within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor YAII include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the work as proAded for in Paragraph 9. C . At the end of construction, the Program Manager will provide the Property Owner with a Warranty & Final Closeout Package which Will contain copies of the warranty policies, product instructions, design documents and legal documents. As a condition of receiving the Warranty & Final Closeout Package, the Property Owner .. .................... Arop"Owner Noise Insulation Agmement Page 3 of 28 must first submit a completed NIP Property Owner 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 dtffer among product manufacturers. In the event of claim, the Property.Owner is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. c. In the event of a claim, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter, (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business, and (4) the Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty perlod for the product has expired. 14. Pre-Existin Deficiencies. The Property Owner will be required to ,9-, __ sign Exhibit Q (136ficlency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. 'Pro-Work Reguirements. The Property Owner will be required to complete any and all Pro-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The all desionated Pre-Work items utilizin(Ltheir own funds and per the reguired deadlines as established by the NIP. In the event t r falls to complete the designated Pre-Work items by the established NIP deadline, 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. 16. of Key West "H I it,Y - ard-Wired" Smoke Alan R In compliance with the City of Key West Fire Marshall and the City of Key West Building Department construction permit issuance requirements, the Property Owner will be required to install 120-volt uhard-wired'" smoke alarms in their condominium in ——---- ------ ---- --------------------- ........... Propeny Omer Noise Inm1ation Agmement Page 6 of28 accordance with all applicable codes and regulationsthe requiredlip established the NIP. a rt ill responsiblet sure that the alarmssmoke tI., tiled in same areas withinthe condominium �.. I modification rl ill occur, to avoidy pit r �m„mm m t t I t l 2Mcess. In the event the Property Owner falls install the i rr t "hard-wired" r-noke alarms by the establishedI lirr , the Property Owner shall be removed from NIP participation. 17. 5yg2qgjj ram temporadly suspended at any time during the designand/or construction the discoveryfi ' i to their potential impact on the Program Improvements and product warrantl ill not resume until the OwnerProperty ties r ll related problemsto the satisfaction f the are Manager. In the event i not completed in a timely r, the Property Owner ill be liable the r any and all damages andall direct and Indirect costs due to delay and/or stoppages of the r . 18. Limitatiori on Alterationsto the---am ,p ,,qqy, The Property Owner agrees t to make alterations, or to permittenant occupying any portionf the Property to make alterationsto the existingi r walls from the time f the Designtil the constructionf the Program improvements have been completed. ti to this 1 in writingthe Program Managen Failure to adhere to this it t may, at the optionf the Program Manager in its solei ti r , result in an immediate susper i f the constructionf the Program Improvements the Property. The Property Owner will be liable to the County r all direct and indirect costs associatedit n alterations damages related thereto. post- construction19. Pre and Post-Construction Noise Testing i testing 1 important rn that is designedt measure and determine the actual achieved noiselevel reductionlevel attreated properties. If selected by the Programr 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 (with the t repairsf ff from the� time f the pre-constructioni t tpost- construction i test. l n t iconsistent noise datacollection, the Property Owner also agreesto preserve the interior layout of furniture, floor coverings and window treatments f t time f tpre-constructioni t t m��construction_ i . The Property_ Owner that t failure t r t ti irementry result in ti of the i testing m Therefcre, t OwnerProperty understands they may liable to the County for any direct andindirect noise testing in the event these requirementst met. reasonably , the Propertyshall cooperateit the Contractor, the Program Manager and Monroe Countyin the performance f all ptiases of the Program Improvements I i , but not limited t , the removal and reinstallationf rugs, wall hangings and furrilture _._ _........ _ ........ ....... P�or n ofs l o 'o t Page 7 of 28 21. Utilities'. shall permit # nt r to use, at no t to the Contractoror the t , existing utilitieslight, heat, power and water necessary to carry out the Improvements. 22. Design l times arid/or upon t less than twenty4bur i (via NIP email , the OwnerProperty agrees to provideto the r, Contractor, subcontractors, suppliers, it inspectors and consultantsthe Property to collectall final design and bid documents. These visits include, t not be limited t , property survey, design survey, hazardous material inspection, -n t pre-bid l lt. In nt the Property Ownerit provide access to the Property for all required iP Design and Bid Proceissvisits, t Property Owner shall ' participation. 23. Pre-GonstructionttrAccess. The Property Owner agrees to m access to the Propertyforty-eight r to tstart of NIP construction. This short visit will provide the Program Manager with theill r that the Property Owner has met all furniture i iliti Failure I result in the suspension of# led NIP construction and the Property Owner shall be liable to the Countyr Contractor for any and all resulting ll direct and indirect t related thereto. and Post Construction Access. At scheduled times r upon not less ttwenty-four notice (via NIP emad andlor letter) and per the t li l construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, t l inspector's and consultants access to the Property to provide all required NIPPre-Construction Post-Construction visits. These visitscould include, but not be limited to n i measurement, pre-construction i i i f Designated # requirements, # construction inspections post- construction ni testing. I event the Owner falls to providefor all requiredlP Pre and Post Construction visits, the Property Owner shall be removed from l i i ti the r° shall be liable to ther Contractor for any aand all resulting damages and all direct and Indirect t related thereto. Construction25. ._ Upon award of NIP construction contract, the Contractorill provide the Programr with their final construction schedule, i ill include the requiredr of calendar days to completethe NIP construction in each of the participatingrr i i this l , the ManagerProgram will assign each Property Owner with a designatedf calendar days in whichconstruction will occur in their condominium. Owner agrees to relocatefrom their condominium for the entirei time . In addition, the Property Owner agrees not to re-enter their property for any reason during their assigned constructionto safetythe t ti I to negatively impact the Contractor. In the event the Property Owner falls to providetheir assignedtr ion time period, t r shall be removed from NIP .... _.......e __ Pmpeny er Noise Imulatwn Agmement2 participation and the r shallb liable to the County and/or Contractor for any and II resulting damages andII direct andindirect t related . 26. Construction Period Extension Due to Hurricanes. SinceI construction rio 'll extend into the Key West hurricane son, there is potential for construction delays and/or stoppages, beyond the control of the Contractor, in the event of a threat of an approaching hurricaneand/or an actual hurricane event. Due to this possibility, the Property Owner understands that delaysoccur in addition to their originally assi construction time period, without any fault or cost to the Contractor and Program Manager. Furthermore, the Property Owner agrees to relocatefrom their condominium mfor all additional calendar days resultingfrom NIPconstruction work stoppagesu to a hurricanethreat or event at no cost to the County, Contractorand/or Manager.Program In the event the Property Owner fails to providethe required additional access to their condominium duerri - late to , the OwnerProperty shall be removedI ici tin and the r shall be liable the Countyand/or Contractor for any and all resulting damages and all direct and indirect s related thereto. 27. icv ry of Pro-Existing Deficiencies Duringion. In the event the Contractor discovers pro-existing t the Property duringthe NIP construction process that negativelyimpact the installation of the NIP improvements, the r agrees to immediately it and remedlatedeficiencies in an effort to reduce y negative impact on the scheduledconstruction pddod. The Property Owner understands that, e n in n the timing of f pro-existing deficiency repair, the NIPconstruction period may need to be extended, t no fault of the Program Manager or Contractor. 28. Impact sBuilding Conditions Schedule. r t that unforeseen i , Construction conditions that may arise during I nt ion may have the potential to increase the original scheduledi construction, which is not the faultof the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the odginally-scheduled construction completion date may be delayedadditional days due to unforeseenbuilding itions that may arisecomplicate the NIP construction. 29. Existing in 1 Door t tBlinds. The Property Owner understands that, after the installation of new NIPacoustic window doors, the existingiand/or door treatments, shades andb.linds may not b compatible nor able to be re-installed due to sizedifferences between the new and existing in n doors. 30. Existing Molding,Crown Duringinstallation h now acoustic windows and doors, the NIPill be providingn "s replacement interior trim sills. The Property Owner understands that the NIPI trim ill not match cut /or specialized crown moldingpatternsand/or custom i d door trim. After the completionof the NIPmodifications, the Propertyr will have ability i is tin o the NIPinterior trim their own expense. ..............._ _............... .................. ___... Propeny OwnerNoise do nt Page 9 of 28 31, Communication Reguirements. The Property Owner agrees to read and review all NIP emalls and/or letters in a timely fashion which are being provided by the 141P 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 Program Manager has obtained or will obtaI , at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from lions and/or title defects. 33. Qoqp Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate Wth the County in order to (1) correct any title defects affecting 0% 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 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 constniction of the Program Improvements, the County, in its sole discretion, determines that the it Ma'fters affecting th Easemen e Property may invalidate the t, this Agreement shall be null and void, and the Easement shall be terminated. X Federal Assurance. As required by the Federal Aviation Administration, the Pmperty Owner agrees to the following provisions: a. The Property Owner shall subject the construction work on the pr6ject to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program 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. 3& Reduction of Fresh Air Infiltration. The Property Owner will 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. Salvafle of lftterlals�& E Wipment. If the Property Owner desires to retain any of the material'or equipment removed from the Property as a result of the Program Irnprovements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owners sole risk and expense. The County assumes 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 it to be salvaged. In the absence Propeny Owner Noise Inm1ation Agmement Page 10 of 28 of such a welften agreement, all it shall become the property of the Contractor. Materials and equipment not listed for selvage by the Property Owner shall become the property of the Contractor. 37 EM29rt ly Insurance. During Program construction pedod, the Contractor Wit provide builders dsic insurance fbr the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a homeowners insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, fbII ng final completion, the Contractors bull.dees 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. X 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 peflod. The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 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 wadcmanship contained in the contract with the generaI contractor. 40. Sale of Propqrty. In the event the Property Owner sells, conveys or otherwise transfers title to the Property befbre 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 transf er, 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, acquiesoence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 4Z Selease 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 recordI ng of the Release of Easement document in the public records of Monroe County, Flodda. 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. Property Owner Noise Imulation Agmement Page 11 of 28 43. Authority to ExecuteIf QfC%urft. By Resolution . 111 2004, duly motioned and passed at a lawfully announced publicmeeting, f County Commissioners f Monroel , on the 17th day of March 2004, grant full authority for the l It tor to executethis Agreement on behalfof the CountyIt t further action by t f County Commissioners. 44. tt Attachments t this t include tfollowing, I incorporated_ __-into this t by reference. a. ExhibitPolicy Statements. b. Exhibit l Description of Property c. Exhibit it m Program Improvements, d. Exhibit Deficiency ld Harmless Agreement e. Exhibit it Ventilation ld Harmless Agreement General45. Conditions, l l ._. t N._ ,ri.. gi t This l be governedt I accordance with the Laws of the StateFlorida ll I to contracts perfonned entirelyin the t . In the event that any cause of action or administrative proceedingis instituted for the enforcement or interpretation of this r n t, the Countyr agree that venue will lie in the appropriater before the appropriate ii tr tl in Monroe County, Florida. The County and Property Owner agree that, in the event of conflicting interpretations of the terrns or a t this t by or between any of them, the issue shall be submittedto mediationprior to the institution of any other administrative r legal proceeding. (4) The County and Property Owner agree that in the event any cause f action or administrative proceedingis initiated or def y any relative to the enforcemerit or interpretation f this Agreement, the prevailingshall be entitled to reasonabley ° fees, court costs, investigative, t- f- t expenses, as an award against the non-prevalling party. Mediationproceedings initiated and conducted pursuant to this rat shall be in accordance withthe Floridai f Civil Procedure and usual and customarythe circuit f Monroe County. b. Bindinq Effect. The terms, t , conditions, and provisionsf this not shall bind and inure to the benefitf the County andr and their respective legal representatives, assigns. .......... _�..._. _..._��_....--- ............... _ ... pe n o' ltio 12 of 28 c. Severability. If any term, covenant, condition or provision of this Agreement (or the application 'thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permifted 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. Agftorlb repi nesents and warrants to the other that the y. Each party 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. e. Duration of A Areement. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect far a period reasonably required to effect the Program Improvements (the uTerm"), except as may be sooner terminated in accordance with the provisions of this Agreement. f. Acceritance of Gifts r RqgV@gj§. The — A., Grants, Assistance Eynd% 2_ County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. g. Claims for Federal or State I . The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided that all applications, requests, grant proposals, and funding solicitations by the Property Owner'shall be approved by the County pnor to submission. h. Adiudication of Dispute or 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 Florldalaw. 1. 'Nondiscrimination. The County and that Property Owner agree there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent judsdiction that discHmination has occurred, this Agreement automatically terminates without any further action on the part of any party, erfective the date of the court r® The County and Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. 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.C. s. 794), which prohibits discrimination on the basis of handicap; (3) The Age Discrimination Act of 1975, as amended (42 U.&C. ss. 6101-6107), which P�vpeny Owner Noise Imulation 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; (6) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the b,asis of alcohol abuse or alcoholism; (6) The Public Health Service Act of 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 2.90 ee-3), as amended, rolating 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 nondiscrimination on the basis of disability, (8) The Flodda Civil Rights Act of 1992, (Chapter 760, Flodda Statutes, and Section 509.092, Florida Statutes), as may be amended from time to time, relating to nondiscrimination; (9) The Monroe County Hurnan Rights Ordinance (Chapter 1314, Article Vill Sections 13-101 through 13-130), as may be amended from time to time, relating to nondiscHm Ire ation, and (10) 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. Qqqpp---- In the event any administrative or legal proceeding is instituted against either party relating to the fbrmation, 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 o,f the servI ces 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, and documents directly pertinentto performance under this Agreement in accordance Wth generally accepted accounting principles 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 it purposes during the term of the Agreement and for four years following the termination of this Agreement. I. Covenant, of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which 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 empI oyees 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 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; In busI ness with one's agency; unauthorized compensation, misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain inf6rmation. ------------ Propeny Omer Noise Inmiadon Agreement Page 14 of 28 llcl do l gCounty r warrant that, in respect to itself, it has neither employed nor retained anyr person, other than a bona fide l rkin solely r i , to solicit or secure this and that it has not paid or agreed to pay any person, company, corporation, individual, r firm, other than a bonaemployee working solely for i , any fee, commission, gift, or other consideration contingentupon or resulting from the r making of this Agreement. For the breachr violation f this provision, the Owner agrees that the Countyall have the right to terminate thiswithout liability n , at its discretion, to offset from monies , or otherwise recover, the full aunt of such fee, commission, percentage, gift, or consideration. o. Public Access. The County and Property Owner shall allow permit son Ie access t , and inspection of, all documents, papers, letters, or other materials subject to the provisionsof Chapter 119, Florida Statutes, e or received by the CountyOwner in conjunction with this CountyII have the right to unilaterally cancel this Agreement upon violation of this provision by the Property Owner. Public Records Compliance. r must comply with Floridapublic records laws, including t not limited to Chapter 119, Florida Statutes n ion 24 of articleI of the ConstitutionFlorida. The County and OwnerProperty shall allow and permitl s inspection of, all documents, records, papers, letters or other " u lic record" materials in its possession r under its control subject to the provisions of Chapter 119, Florida tut or received by the County n r in conjunction with this contract and related tract performance. The County !l have the right to unilaterally can I this contract upon violation of this provision by the Property Owner. Failure of the OwnerProperty to abideterms of this provision shall be deemed a material breach of this contract and the Countyenforce the terms of this provision in the form of a court proceeding shall, as a prevailingentitled to reimbursement of II attorney's fees andattorney' s i ted with that proceeding. This provision shall survive ny termination or expiration of the contract. The Property Owner is encouraged to consult with its advisors Floridali Law in order to comply with this provision. Pursuant . 119.0701 and the terms and conditions of this contract, the Propertyr is required to: (1) Keep and maintainpublic that-would be requiredh Countyto perform the service. (2) Upon receipt from the County's custodian of records, provide the County i s copy of the requested recordsr allow the records to be inspected or copieditin a reasonabletime t a cost that does not exceed the cost providedin this chapter or as otherwise providedlaw. (3) Ensure that ,public records that are exempt or confidential and exempt from public records disclosurerequirements not disclosed except as __ _.___...._... ......._____......_............... Owner Noise Insulationa 15 of2 Illift wt state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Flodda 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 enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agrae that neither, the County nor Property Owner or any agent, officer, 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 benerits under this Agreement separate and apart, inferior to, or superlor to the community in general or for the purposes contemplated in this Agreement. t. Attestations. 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 Person . 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 alliable personally on this Agreement or be subject to any personal liability or accountability. by reason of the execution of this Agreement. v. Execution in Counten-)arts. 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 HogdIngs. 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. -----— ---- .............................. -—--------- Propeny Owner Noise Insulation t Page 17 of 28 IN WITNESS WHEIkEOF, the Property Owner and the County have executed this Agree'ment as of the day and year first above written. W1 NESSES- PROP7RTY 0 N E R'. Signs. 1q.- L11,I�i -lt--,, Printed Name Signature jD J�o/-t A L b" Printed Name ........... .......... ................ WITNESSES: PROPERTY OWNER: Signature Signature Printed Name Prin Name Signature Date Printed Name QD ........... .. ............... . ............ 'MONR0E,,C6Qk..TY` BOARD OF COUNTY COMMISSIONERS: MAYOR/ CHAIRMAN: Aftest: Sylvia J. Murphy ) VIIN'-,MADQ-k, CLERK 4 e+� By. Deputy Clerk Signature 0001M: ATMRNEY .. ................—-------- ..................... ........... ........... -Z! .......... Property Owner Noise Insulation Agreement Ray*48 of28 A 'V6TANT,, IOUNTY IGRN PROGRAM POLICY STATEMENTS Exhibit To Property Owner Noise Insulation Agreement A. i i Whileprovidingl "mini- split' your condominium f the Noise Insulation Prog modifications, the followinglimitations and rest ` I itl apply to all condominiums: All condensing unitsWill be installed l 2. All refrigerant 11nes (running from the balconyi it ill be installed consistent with KWBTS Board policyl l i ing a maximum height of 48 inches. 3. All condensate lines ill be installed it i exterior consistent Wth rulesBoard policy the highestlevel of consistency and building architectural aesthetics. All interior lines t, condensate, Ventilator Will b6housed in new vertical wall and comer pilasterswhich will be constructedquality existing I . The number and locations f the now verticalwall and comer pilastersit i t depending on your unique condominium r plan and number of bedrooms, The NIP executivei ill reviewi information r NIP DesignMeeting. Only electrical service panels that are determinedr to be deficient ill be replacedthe Program as a part of the NoiseInsulation modifications. customB. Window Sill Ril!placernent. Due to the presence of asbestos, the NIP will provide a now r ill instead of the existing to this revised plan,.existing custom sillst ill not.be replaced. This i i ill be an improvement, while decreasingt ' i t improving time efficiencies. C. Custom ictions The new asbestos abatement requirements it _restrict t abilityt existing Crown custom r to constructionoriginally I ill not allow sufficient time l contractor to securecustom replacementtrim, Therefore, existing crown moldings, wall trim, and base, t he contractor will, instead, the existingtrim flush face of the new pilaster or thru 11 ac-infill. At new pilasterlocations , if thru wall so i fill abuts the existing the contractor will install - inted wood trim to abut the i i trim, than attemptingto matchthe existingtrim profiles and materials, After the I of the lP construction, t r Will m m NoiseExhibit A-Prop"Owner Insulation n e I have the option to replace the installed tdrn with other custom tflm to match the existing t ri is and profiles. ThresholdD. Door lq to stringent Flodda hurdcane impact and water infiltration buildingII aluminum acoustical ri a entryi i o and sliding I tio doors will have thresholds that are considerablyhigher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration dudng hunicane. TestingE. KWBTS Asbestos As required t federal requirements, THC conducted asbestos testing n all participating T condominiums in Buildings A, B and C duringthe November 2017 to April 20118 time period. This testing included collecting 7 to 9 samplesc condominium to include u o joint compound, window glazing, and extedor window and door caulking. In addition, ann exterior stucco samples were collected n both th l ay" a 1 6aI ny" building l vati . Depending on the laboratory I i pies, the presenceasbestos containing materials (ACM) have the potential to impact several areas of the NIP construction process to include: window removal and acoustic window installation, door removal and acoustic door installation, removal of portable "through-wall" AC unitsthe infilling of openings, calling cuts required for installation of the ductless AC, wall cuts requiredr the installation of the ductless AC, construction of vertical wall pilasters requiredfor installation of the ductless AC system & ERV ducts, construction of closet soffit for installation of the ERV. AsbestosF. t Rer#gmirnm he In the event any samples showpresence t containingmaterial (ACM), t awarded NIP contractor will be required to perform the following abatement requirements urin construction: f s l show ws __ C c 1%1 The 1 contractor ill i t l with r et requirements t include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use vacuum cleaners in the aces are chipped, cut and/or sanded. Page 20.,, _ ....... ... o f 28 Exhibit A-Property owner Noise Insulation Agreement I f Sam es show a p resenceof ACM_>10/6 L 7.�t_ The NIP contractor will be required to perfbrm full asbestos abatement procedures as dI rected by the Environmental Protection Agency (EPA)to Include: ® Construction of ACM containment barders 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 abat8M8nt processes in all condominiums throughout the NIP construction process to ensure proper compliance Wth 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 crews. Given the cost to provide required asbestos abatement procedures, the FAA mzes the Will require THC to develop a desi k gn and construction plan that.n2in — i dWilt urbance' of ACM to ensure the minimization of constru*ction costs, duration, and liability to the contractor and KWBTS property owners. This plan Will result in new property owner requirements and design restdctions which are outlined below. H. The KWBTS Board will have the Aut t l ft ions 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 System Installation Requirements 5. interior Ductless "Mini-SplIC AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment Page 21 of 28 0-w—ne-rAbise Inniation Agreement LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Unit No. 223-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together Wth 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. ............... ........... Dchibit 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: 0 Architectural Drawings 0 Replacement Aluminum Acoustical Windows 0 Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) Page 23 of 28 Exhi&ff P-mpeHy owmer Noise Insulation Agreenent DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1 In partial consideration of the compensation to be paid an 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 "Agreemerif) between the County and Property Owner and to which this Exhibit Q is aftached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, Indemnities and covenants not to sue, institute claims against, or insfftLde any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injudes or death, damage to the property, and the consequences thereof, and any of the tbregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with 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 Pmperty Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water 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 identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager W111 classify the observed Deficiencies as elther,,Minor" or"Severe". 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event NSevere" Deficiencies are identified during the design process, the Property Owner 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 dudng the construction period, the Property Owner agrees to GomPletS ..... ... .......... ............ Page 24 of28 Exhibit -D Propedy owner Noise insulation Agreement necessary i to the Property, to the acceptance of the program Manager t minimize ny delay or stoppages of work. . The undersignedacknowledge that all of the release andl harmless indemnity visions set forth in Paragraph 1 of this _Exhibit apply damage,property injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions this Exhlblfb D shall survive the terminationt expiration of f Ownerhe Property Noise Insulation a n . undersigneda. The that the terms andprovisions i _ lit _ shall a binding i h benefit i n their iv i l representatives, successors andins. W I : x AA Signature Signaeqs,P , F 9 _� Aa jT ature - I' w D .. -. printed Name ---- __. �:. WITNESSES: PROPERTY OWNER: �ignature­ Signature 0—Rntidi4ame Pin , ., me Signature_ uu bete Printed Name —... .�__. —.<• —. .. !-WITNESSES: .�._ PROPERTY OWNER: i Signature _ . i to rl � ma a ri Signature Prin d Name Page 25 o Exhibit D Property owner Noise thniation Agreement VENTILATION Exhibit PropertyTo iInsulation 1. In partial consideration of the compensation to be paid on behalf Of the County andthe Program for the Program improvements to be made to the Property described in the Agreement of evendate herewith (the "Agreement') between the County and Property Owner and to which this „ kh _ is attached, the undersigned, fbr and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns f the undersigned, forever releases, remlses, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property-and the consequences thereof, and any of the foregoing hich may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection With any and all Ventilation Defici nci (the gDeficiencles") against said Courdy or any of its officers, agents, employees, consultants and/orcontractor's legally liable. . The Program Improvements include the addition of acoustical windows and doom, removal and infillin o "through-wall" portable air conditioner units and the addition of a replacement ductless " ini- l!V air conditioning system. these modifications will result in a tighter interior environment due to the elimination o all passive inside / outside air leakage that was naturally occurring in all openings, t he Program Will also include the addition of a energyv ventilation ( ) unit which Will provide an adequate exchange of inside / outside air to the condominium as requiredbuilding . 3. Given the tightened interior environment the treated ndo iniu , the Property Owner agrees to assume full responsibility for the proper operation'of then w Program ve ventilation ) unit t avoid the ductless a energy ( potential for mold and moisture problems, ci Il urin periods when the condominium is closed and uninhabited. 4. Due to FAA eligibility limitations, the Program will not be providing bathroom exhaustfan treatments. Sinc t m tubs and/or showers are a source OwnerOf mi u ene tin in th interior envi n et of ndominiu , t pe rty agrees to assume full responsibility for ensuring that all bathrooms have an operable bathroom exhaust fan capable f propefly exhausting bathroom moisture to the exterior of the building. It should also be noted that the original KWBTS condominiumse re constructed ith a small wall vent that was designed to allow the passive exhaust _......_ _. ..... ® Page 26 o 2 er Noise insulation Agreement bathroomi in a central building exhaust shaft. Duringthe Program design surveys it was discoveredthe KWBTS buildings lack a solidcentral building shaft.exhaust to thisexisting condition, these original wall v (If still ) have the potential to provide a pathwayfor unwanted air, smoke and/or gases into the condominium interior. The Property Owner agrees to assume full responsibility for t he sealing of original wall vents in all bathrooms andr any andall negative impacts that y result if left untreated. 5. 1t is clearly it i violation to duct laundry dryer exhaust to t he KWBTS central exhaust shaft. In the eventr has incorrectly their laundry r vent to the KWBTS central building exhaustshafts, they agree to correct this deficiency y properly exhaustingtheir laundry dryer exhaust in an alternative mt is current buildingcode, at their cost b in itiation the Program construction process. Furthermore, Owner agrees t o assume any and all liability I ted to the improper ducting of their laundry dryer exhaust. 6. The Prop" Owner rstands t r Improvements ill not kitchenaddress n ventilation i for excessive interior humidity levels generated the Property Owner within the interior of the condominium. Owner The Property understands andfull responsibility for maintenance of interior moisture and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrencer worseningisu I and/or interior humidity levels in the . I ii , the rty r full responsibility for the maintenancen tin of the NIPventing ` i in r completion of the Improvements. . The undersigned ac I that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this _ _ i ply to injuries,ri deaths, or damages sustainedin connection with or as a result of any and 811 interior ventilation defici ci ri i r the additionimprovements including, not limited , high humidity, mof it for lack of proper exhaust ventilation. The provisionsthis gKhibit E- shall survive the termination or expiration the Owner Noise Insulation t. 8. The undersigned a that the terms and provisions of this gKh1bit _ shall be bindingn and inure to the benefith n i n it respective i 1 representatives, successors andsins. [ PRO R .,..__ �.... , 5ineture e,a.�. _ Si ILA Printed Name Signature I Date � ri N e -..... ..----. . ,,... -.-.:. _ __ .._.. ....__ �_ Page 7o f 28 Exhibit E-Properry owner Noise insulation Agreement I WITNESSES:_ I natum P Nam® Printed Name Signature Printed Name _.. �...... .. IT knik Iiiim-9 Printed Name �._ .�__..�. ... t I n - j Printed Name Page 28 o a Exhibit it - ®_. .� r Noise Insulation