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02/19/2020 Agreement/Easement-C224 �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 e_r2Rarqd,By and RetuLn To. Heather P. Faubert, Doe 0 2263733 EM 3813 Pg#2"2 NIP Assistant Project Manager Recorded 412112020 11:20 AM Pap I of 4 THC, Inc. 710 Dacu Is Rd., Suite 4A#315 Dead Doc Stamp$0 00 Dacula, GA 30019 Filed and Recorded in OTwW Records of MONROE COUNTY XEVIN MADOK.CPA AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this(21day of CA 2o-Lg , by"DIANA S. NICHOLS", hereinafter referred to as"the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property("the Property") located in Monroe County, Florida, more particularly described as follows.- Condominium Unit No. 224-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, of the Public Records of Monroe County, Florida. also identified as street address: "2601 S. Roosevelt Blvd., Unit C224" B. The BOCC is the owner and operator of Key West International Airport("the Airport") and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owners Property necessary to reduce interior noise levels at least 5 d13 and to bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. Granting of an AvI Easement ("Easement') is a BOCC condition 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 NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOGG, 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 West International Airport Nib—AvIgation Easement(In k SC2 Page 1 of 4 Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the NIP will benefit the Propertyr and the Property, providing i remedial attenuation construction Il eligible residential tr r the property to achievei in DNLi r noise level ` of atleast 5 dB and bringthe average interior noise level below 45 dB in accordanceFederal Aviation Administration policy. PropertyF. The r fully understandsthe NIPll i ili 1 t some future time, t is rr tl the 2013 ExistingCondition acceptedthe Federal Aviation Administration,("the " r f . 9 G. The NIPill be administeredin accordance witht FAA Order 5100.38, Airport Improvement Program Handbook, . It is the purpose oftl t Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE,fr and in considerationimprovements to be made to the Subject Propertythrough the NIP,t receipt and adequacy of whichis hereby acknowledgedt parties, in considerationincorporation into this I tl f the recitals set forth above, t r and the BOCC agree as follows: OwnerI. The Property on behalf of the Propertyr and Its i , assigns and all interest,successor's in does herebygrant, bargain, sell and convey to the BOCC, it successors and assigns, a perpetual avigation easement overt Easementof the shall include the right generate it noise and to cause other effects as may be associated it the operationf aircraft over or in the vicinityf the property. I t shall apply to all such aircraftactivity t the Airport, t or future, i r form or type, during operation at, on, to or from the Airport, and it being the intent of the partiesthat all such Airportactivity l included within i this 2. This Easement shall be perpetual in naturel1 bind and run withtitle to the propertyll run to the benefit of the BOCC or its successor in interest as owner and operator f the Airport. Propertyr on behalf of the Propertyr, h heirs, assigns in interest, r release the BOCC, and any and all related parties of the BOGG, including but not limited tservants, employeeslessees, from all claims, demands, damages, debts, liabilities, costs, r fees or causes of action of every kindt for which the Property Owner or its heirs, assigns, or successors currentlyin the past possessed, r will in future possess, as a result of Airport operationsr aircraft activities noise levels 1 to or generated by Airportactivity, r may hereafter have as a result f use of this , including but not limited to damage to tabove-mentioned propertyr contiguous propertyto noise, and other effects of the operationf the Airport r of aircraft landing r taking off at the Airport, Key West In tint Airport NIP—Avigation Easement(Una Page 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, attorneys' 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 successors 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, orn 's fees and costs incurred in connection therewith, including appellate action. 6. o provision of this Agreement is to be interpreted for or against any party becausethat partyr that 's legal representative drafted such provision. This Agreement shall be interpreted and construed accordingto the laws of the State of Florida. o breach of any provision of this Agreement may be waivedunless in writing. Waiver of any one breach of any provision of this Agreement shall not be deemed to be a Waiver of any other breach of the same orany other provision of this Agreement. This Agreement y be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is 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, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of 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 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 ffe this Agreement o long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefitsrunning 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. ___ . . ... .__....._ ...... KeyWest International Airport NIP—Avlgatlon Easement(Unit 224) Page 3 of 4 This n is executedi ri n. PRrERTY OWNER- � Signature Signature rtnme PdnM NfirT'—' owe Date STATE , COUNTY OF a ` t , Theforegoinginstrument acknowledgedthisf I -, �``tttuirlrrtl® by.®._M `" �. ,. ®®® !®® — ,�� -� Pro Owner Name(s) �.~ ®° 1 ss" .® yam - . r r . . � � y Commission Expires: .Nc' r ublic Signature 4 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: e, p ` A FORM WITNESSES: MAYOR: r-r- f. ir "colJnmr A� "iRNEY iSTA �r t ., , E � , Signature Signature Printed Name # 4r a" °< Printed Name Signature Prin Name ^w T k X STATE OF FLORIDA '�` '� �� COUNTY OF MONROE The foregoing instrument was acknowledged before rne this� p� day of,' , by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. I Notary Public Signature `" My commission Expires: Key West intamational Airport NIP—Avigatlon Easement(Unit#C224) Page 4 of 4 Address: Kev West bv the Sea •UT ' o.: Name(s): N'i"ph.91s. NOISEPROPERTY OWNER I Y WEsT INTERNATIONAL AIRPORT, MONROE THIS NOISE INSULATION (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the Ste of Florida (the "County"), and the undersigned (the "Property Owner"). I T N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly 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 the Property; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's 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 more particularly described on Exhibit Q attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County t no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property; and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed by 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 Property ner Noise Insulation Agreement 1 of 28 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County n avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. . P ridram PolioPolic Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Prognam policies and procedures, the Program Manager has developed a series of Program PolicyStatements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statementsis attached hereto as Exhibit . Pa ment of Proorarn Improvements. The County agrees to pay for the Program Improvements described in Exhibit attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. . ImpVdinq Competitive id Process. The PropertyOwner shall not impede or interfere with the Contractor's bill to select between approved product manufacturers n subcontractors in the preparation of bid submittals. To insure competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. . Construction Contract. The County ill award the contract for the Program Improvements conit nt with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. 6. - & Post-Construction Responiilitis. The Property Owner shall meet all responsibilities and requirementspertaining to both pre-construction and post- construction: . Prior to the start of NIPconstruction, the Property Owner shall meet all Pre-Construction requirements to include: (1) Removing all valuables (such as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium; ( ) Moving of all furniture and belongings into the "Designated Storage p Area" within the condominium, providing the required "clear area" (white _..__ __ _.. ........................ Property ner Noise Insulation Agreement2 space i for the Contractor. When doing , the Propertyr will have the ability to utilizethe complete "floor to ceiling" . (3) Removing of II excessive furniturebelongings from the condominium that will not ft in t "Designated St Area"; Removingll window and doortrblinds, r "; plantationt . trig i "Designated Storage RemovingI electronic and dustm iti items from their condominium r wrapping withr t i ly before storingthem i "Designated Storage Area"; Removingll wall hangings (such as mirrors, pictures, hanging shelves, t . r "Designated St r "; (7) Moving all small items and belongingsinto either the I t r bathroomstli "Designated St t " Afterb. completion of the NIPconstruction, the Propertyr shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongingst in the "Designated Storage Space Ar " back to their original positions in the condominium: (2) Moving f any excessivefurniture belongings into the condominium; Re-installation ofall wall treatments, door treatments II hangings back to their original positions in the condominium. . In the PropertyOwner fails II oft above Pre-Construction responsibilities, the Property Owner shall be removed from I participation the Propertyr shall be liable t r for any and all resulting all direct and indirect related thereto. d. In the eventt r r falls to perform any and all of the above Post-Construction responsibilities, r r shall be liable the County and/or Contractor for any and all resulting ll direct and indirect costsrelated thereto. 7. Impedipg Construction. construction r Improvements i , the Propertyr shall noti tr i r alter construction 1 addition, the Propertyr shall prevent any and all tenants that may occupy the Propertyduring the construction f the Program Improvements from impeding tr i altering t i I . In the event the Propertyr any tenant occupyingthe Propertyimpedes constructionr _...__... ............ PropmV OwnerNoise Insuladon Agreement Page 3 of 2 alters the constructionschedule, the Propertyr shall be liable to the Contractor and the County for any damages and all direct and indirect t related thereto. B. Safe Workinq Environment, r r shall be responsible for providing a safe workingenvironment for the Programr, Contractor, subcontractors, liCity, t t l inspectors. Throughouta. ll phases of designt of the r Improvements, r shall be responsible for: Providing i environment that is free from potential biohazardhealth risks, iions, hazardous chemicals, obstacles, f any and/orkind explosives', Refraining from verbal abuse or profanity; Refraining r r i physical t; and Insuring that all pets areI t l r contained. . In the event the Propertyr fails to meet any of the foregoing conditions, r r O at the County's discretion, be temporarily suspended t any time. In such event, the Programr shall notify the Property Owner in writing, stating the correctiveicondition(s) it to be completed or performed by the Propertyr prior to the County resuming Program r . c. In t the Programr is not resumed due to the Propertyilre to complete the correctivei tcondition(s) required the Programr, the Propertyr shall be liable the County and/or Contractorfr any and all damages and all direct and indirect t related thereto. . If the Programr is resumed, t r r shall be liable t r Contractor for any and all damages and all direct and indirect costs related to or caused by the temporaryi r process. ® C onstruction Delay_ . During the constructionperiod, Contractor may experience unforeseen complications relating the installation r r Improvements. The constructioncontract shall provide that delays related to these unforeseen complications r the control of the Contractor and shall be excused so that the time for completion may reasonablyConstruction schedules may also be revised if there is a delayin awardingof the tr r if the Program Improvements have to be re-pid in the event of t f bidding t r failure of the lowest responsive, r lbiddert t the contract, provide and performance bond r show proof of required insurance. 10. Changes to Scope �f_Work. The Programr reserves the right to make changes to the plansspecifications r r Improvements, it .... ....................._ Property Owner Noise Insulation Agreement Page 4 o 2 sole discretion, time during rprovided such changes do not reduce the scope or quality of the ProgramImprovements ri in ..Exhibit such changes are necessitatedi f hidden conditionst readily detectable during I property inspection r r . 11. Acceptance of Work. Upon completionf the ProgramImprovements, the ProgramII inspect or cause the inspection f the Program Improvements r i they were completedto the terms f the contract. The Programr retains solei t riprogram conformance and performance issues as they relate the Contractor, subcontractors, suppliers i t ner is requested to attend the Substantial Completion Inspection t i input to the Constructionr with respect to the identified punch- i t items. In addition, the Propertyr is welcomet attend the Final Inspection. the event the Propertyr elects to not attend the Substantial Completion and Final Inspections, release r their ability t provide input to the Constructionr with respectt t f the ProgramImprovements. In the event there is a disagreement between the Property Owner and the Programto a conformancer performance , the PropertyI[ be required to submit the discrepancyin writingto Monroe County (representative r t within inspection ii rise the discrepancy. shall then make a determination as tthe acceptabilityf r issue remedial action that may need to be taken. Monroeshall be the final arbiter of any conform an ce/perfarman ce/issues. Failurer to submit the written lit within the time specified shall thereafter foreclose the Propertyright to file lit. 12. Termination r t. The Propertyunderstands that the signingf this ;ii-reementinitiates bot the BIDCONSTRUCTION the Programr to be performed in accordanceit the Program. Therefore, if the PropertyOwner attempts to terminate this Agreement or otherwise impedes the progressf the performanceof the r Improvements the award f the constructioncontract, the Propertyr will be liable the County for any and II damages and all direct and indirect 1 . �Warranties. The County does not represent r warrant the level of noisereduction that the Propertyr will experiencewithin the Propertyit of the ProgramImprovements f the Program. agreesa. The County that its contractt the Contractor will include standard one 1 r warranties from the Contractorr all materials and workmanship. Such one-year warranty lshall commence as of the time f the acceptance of the work as providedfor i r r . b. t the end of construction, the Programill provide the Propertyr with a WarrantyFinal Closeout Package whichill contain copiesf the warranty policies, product instructions, desi t legal documents. condition of receiving r ' I Closeout Package, the Propertyr _11-....... ....... Property alloise Insuladontreement Page 5 of 2 must first submit a completedI ropeOwner 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 r 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 n r l contractor or the product manufacturer for fulfillment II warranties and for resolution f all product or construction warranty issu ( ): (1) The Property er inquiry is not directly related to either construction warranties or product warranties (such as windowcleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; ( ) The Property Owner believes that warranty service i required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; ( ) The PropertyOwner 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; n ( ) The Property Owner believes that service is required with respect to product warrantyissues, n the advertised warrantyperiod for the product has expired. 14. Pre-Existina Deficiancis . The Property Owner will be required to sin Exhibit (Deficiency Hold Harmless Agreement) which will impute all responsibility n liability to the Property Owner for any and all present Pre-Existing Deficiencies t the Property, whether seen or unseen. 15. Pre-Work_ a uir m n, The PropertyOwner will e required to complete any and all Pre-Work, as required the NIP to successfullyaccommodate the NIP acoustic modifications. The Property _..wner will be rewired to complete all desi riated Pre-Work items utilizing their own funds and per the re uirp_ deadlines as established by the NIP. In the event the Property Owner fails to complete the Ce-signatedPre--Work items by the established NIP deadline, the Property Owner shall e 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. City of Keyw „ t "Hard-Wired" Smoke Alarm Reguirement. In compliance with the City of Key West Fire hall and the City of Key West Building Department construction permit issuance requirements, the Property Owner will be required, to install 1 -volt "hard wired" smoke alarms in their condominium in _...... _ Property OwnerNoise Insulation ee Page 6 o accordanceiall applicable codes and regulationsthe requireddeadline established the NIP. Properly _ r will be responsibleto ensure that.,the ., smoke alarms are not installed in same areas withinthe condominium I modification worill r to avoidt tl l impedance_ to the NIP construction cess. In the eventt r Ownerfalls to install t i t "hard-wired" smoke alarms the establisheddeadline, the Propertyr shall be removed from I i i i . . Susoension of Programr_ Program process temporarilyt timeduringt i and/or construction the discoveryi i i to their potential impact on the Program Improvements r warranties. t illnot r until the Propertyr has correctedall related pr l to the satisfactionf the Program Manager. In the event repairs arecompleted in a timely r, the Property Owner will be liable the County for any and all damages and all direct and indirect costs due to delayr stoppages of the work. t . Limitation on Ait r ti to the Proper The Propertyr agreesto make alterations, or to permittenant occupying any portionf the Property to make alterationsto the existingwindows, doors and/or walls from time the Designr til the constructionProgram r completed. ti to this rule pre-approved in writingthe Program r, Failure to adhereto thisrequirement 9 at the optionthe Program Manager in its solediscretion, result in an immediate suspensi f the construction the ProgramImprovements the Property, The Propertyill be liable the County for all direct and indirect t ited with unapprovedalterations damages related . 19. Pre and Post-Constructioni ti Pre- & post- constructioni testing is a very important Program processthat is designedt measure and determine the actl achieved noiselevel reduction level at treated properties. If selectedthe Programr for r@ & post-constructionnoise testing, the Propertyr agrees to providetheir property for testing agrees to t to make alterationsinterior of their property (withexception of repairsr r i ) from the time of_t, -re-construction noi test to t t- i i t. I t insure consistent i t collection, the Propertyn I to preservethe interior layout offurniture, floor coverings windowand treatments t i _ ore-constructionn noise t tpost- constructioni t. r r n that the failureto adhere this requirement result in corruptioni testing r r , the Propertyr understands they may be liable to the County for any directindirect noisetesting t in the event these requirements . 20. Cooperation. As reasol requested, the Propertyr shall cooperateit the Contractor, the Programr and Monroein the performance f all phases oft r Improvements including, t notlimited t , the removal and reinstallation of rugs, walli fumiture as necessary. _.-_. _._____..__. _ _ _......_.. ....................... ........_....... Property er Noise Insulation .Agreement Page7 of28 21. Utilities. r r shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilitieslight, heat, power and water necessary to carryt the Program Improvements. 22. Qggign andi r ...,...... t scheduled times and/or upon t I rnotice i ii andlor letter), the Propertyr agrees to provide to the Programr, Contractor, subcontractors, suppliers, C , County, StateI inspectors and consultantsto the Propertyllect and develop all final design and bidvisits I include, t not be limited , property survey, design survey, hazardous material inspection, pre-noise testing r i i it. In the event the Propertyfalls t provide to the Propertyfor allrequired I ign and Bid Processi i the Propertyr shall be removed from i i ti 23. Pre-Construction Access. The Propertyr agrees to provide access to the Propertyi t ( to the scheduledt f NIP construction. i visit ill provide the Programr with the ability to ensure that the Propertyr has met all furniture storageresponsibilities. itcould resultin the suspensionf the scheduledrt tr i the Propertyr shall be liable to t Contractor for any and all resulting ll direct and indirect I . 24 upon t I r t Construction I timesr ess than twenty-four f (via NIP emafl andlor letter) and r the establishedconstruction I assignment, the Property agreesto providethe ProgramManager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultantsto the Propertyto provide I required r ion and Post-Construction vi i . These visitscould include, but not be limited t l measurement, pr6-construction inspections, review Designatedt requirements, post construction inspections n post- construction i i testing. In the event the Propertyr falls to providefor all required r t Construction visits, the Propertyr shall be removed from I ii ti the PropertyII be liable to t r Contractor fr any and allr Il direct and indirect t related thereto. Construction rd of NIP construction contract, the Contractor will provide the Programit their final construction schedule, which will include the requiredr of calendar days to completethe NIP construction i participating ii this schedule, the Programr will assign each Propertyr with a designatedr of calendar days in whichconstruction ill occur in their condominium. The Property , Owner agrees to relocate from it condominium for the entirei time period. In addition, the Propertyr agrees notto re-enter t it property for any reason during their i r iperiod r the potential to negatively impact t r. In the event the Propertyr fails to providefor their assignedtry ion time period, the Property Owner shall be removed fromI _ ............____._______..............................................._ ....._. Property is Imulation AgreementPage 8 of 28 participation the Propertyr shall be liable tand/or Contractorfr any and all resulting II direct and indirect t related the Construction- Period i to Hurricanes. i I construction ri ill extend into t hurricane season, there is potential for construction I r stoppages, beyond the control. the Contractor, in the event f a threat r ihurricane r an actual hurricane event. Due to this possibility, r r understands that delays may occur in additiontheir originally ai tr i time i ,' it It or cost to the Contractor and Program . Furthermore, the Propertyr to relocate from their condominium for all additional calendar days resultingfrom I tr i r stoppagesto a hurricanethreat or event at no costt the County, Contractor r Programr. In the event the Property Owner fails to providethe required additional access to their condominium due to hurricane-relatedstoppages, the Propertyr shall be removed fromI i i the Propertyr shall be liable t r Contractor for any and all resulting II direct and indirect I thereto. . moo Discover,: i tiny -- i i i :@s DuringConstruction. In the event the Contractor discovers pre-existingdeficiencies t the Propertyrig the NIP construction r that negatively impact the installation f the NIP improvements, the Propertyr agrees to immediately repair and remediate such deficienciesin an effort to reduce any negative impact on the scheduledconstruction riProperty Owner understands that, depending on the timing f the pre-existingdeficiency repair, the NIP constructionperiod to be extended, at no fault of the Program Manager r Contractor. 28. _ , f--Unforeseen KWBTSit i g_ Lt: �ons on Construction Schedule. The Propertyr understands that unforeseen buildingconditions that may arise during I tr i n may have the potential to increase the original scheduled durationconstruction, i is not the fault of the Programr nor Contractor. The Propertyr needs to planr t "worst-case" possibility that the odginally-scheduled constructioncompletion te may be de!ayed a few additional days due to unforeseenbuilding i ' n that may arisecomplicate the NIP construction. 29. iq Window / Door Treatments, mShades and Blinds, Propertyr understands that, after the installation of new NIwindow and the existingi r door treatments, li t be compatible r able to be re-Installed due to sizedifferences existing i . 30. Existing W.. Molding. Duringt installation f the new acoustici , t l&P will be providingr " replacement interior trim sills. The Propertyr understands that the NIP replacement rl ill not match customr specialized crownmolding r r custom window and r trim. After the completionf the Imodifications, the Property Owner will have the abilitymodifications to the NIPinterior trim at their own expense. _ _... ... _. ................. .. .._........ Property er Noise Insulation a 9 o Communicationitements. The Property Owner agrees t reviewread and ll NIP emailsand/or letters in a timely ion which are being provided I to ensureI f r . In the eventt r r fails to meet this requirement, it could result in removal from l i i ti . 32. Title Examination. r r obtained ill obtain, at its sole expense, an "Abstract ' l " to ensurethat the Property title is free from and/or title defects. 33. Cooperation in Clearing _Title. Prior to the commencement of construction f the ProgramImprovements, the Propertyr shall cooperate withthe County in order t (i) correct any title [ the Property ! rdisclosed by t "Abstract Title" and in the solet r i ti f the County may serve t invalidate the Easement, and (ii) secure the writtent of any and all mortgage holders to the Propertythe Easement to the Countyif the County determines that it r desirable t (collectively, t it Matters"). If, prior to the commencement of constructionf the ProgramImprovements, the County, in its solediscretion, t r i that the Titlei the Property may invalidate the Easement, this t shall be null and void, the Easement shall be terminated. 34. Federal Assurance, As required rl Aviation Administration, t r r agrees to the following r ii Propertya. The r shall subject the constructionthe project to inspection r I during the constructionof the r Improvements ! of the r Improvements reasonably be requested the Programr and/or Monroe County. b. After rl completion of the Program Improvements, the Property Owner shall assume the responsibilityfor maintenance and operation of the items installed, r try r this . Neither the Federal Aviation Administration r the County bears any responsibility for maintenance and operation these items. 35. Reduction f Fresh Air Infiltration. The Property Owner will be requiredto signi (Ventilation I Harmless t) which imputes II responsibility to the Property Owner for the propermaintenance interior moisture and humidity I . 36. Salvage of Materials & Eguipment. If the Property Owner desires to retain any of the material or equipment removed from the Propertyresult of the ProgramImprovements, the r shall arrange for the salvagef said materials i directly it the Contractor at the Propertyl risk and expense. The County assumes no responsibility for the conditionthe material, equipment or surrounding surfaces as a result of the owner-requested salvage. Propertythe Contractor shall, prior to the commencement of construction, executeagree upon and t listing those items to I In the absence --------- Property Owner Noise Insulation Agreement Page 10 oft f such a writtenagreement, all items shall become the property of the Contractor. Materials and ei t not listed for salvagethe Propertyr shall become the propertyf the Contractor. 37. Property Insurance. During Programconstruction ri , the Contractor will provide builder'srisk insurance for the Property. r r shall have the option, at the Property Owner'sI t and expense, to maintain homeowner'sinsurance policyfor the duration oft r iProgram Improvements. r r understands that, foll i t completion, the Contractor's builders risk insurance it , and it is advisablefor the Property Owner to obtaininsurance I to the Propertythe Program. 38. Timing and Effects f Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractors original tr i time period. The Propertyr also understandsthat the constructioninvolve i l inconvenience Id generate significant quantitiest and debrisrendering f the Propertynip i I r extended periods time. 39. Labor and Material I r Owner releases forever i rall claims, suitsi i t the ProgramManager; the County and its officers, employees, agents, consultants; and contractorsn suppliers it issues relatingto the conformancelabor, materials designsacoustic till in the Programr ti in this r Il limit rr i r materials and workmanshipcontained in the contractit general tr r. 40. Sale of P[ggerfy. In the eventt r r sells, conveys or otherwise r title to the Propertyf the completionII phases of the Program proces , the Property Owner hereby agrees to provideit f this ri r to the closingthe sale, conveyance or other transfer, and t transfer all of the Property Owner'sresponsibilities and obii i r this Agreement the buyer as a conditionf the purchase, r other transfer of the Property. 41. Waiver. i t of, acquiescence in, or consent to any breachf covenantany term, or conditionhereof shall be construed , or . tit , a waiver of, acquiescencein, or consent to any other, f i f the same or any other r r condition hereof. Release42. f Easement. In the eventthat tis Agreement i cancelled or the County determinesthat the t should be released f record, the Propertyt by the County, shall pay to the County the sum of One Hundred Dollars cover the the preparation recording of the Releaset document in the publicrecords of Monroe Florida. roperty Owner understands that it is the Propertyr° responsibility to insure such payment is made in orderto "cleae' the titleProperty. Owner Noise ImulationAgreement Page 11 of 28 43. Authority, to Executen Behalf Of County. By Resolution No.L004, duly motioned and passed at a lawfully nnun public meeting, the o o County Commissioners f Monroe County, did, on the 17th day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. . Attachments. c n to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policytat men . b. Exhibit : Legal Description of Property c. Exhibit C: Program Improvements. d. ExhibitDeficiency Hold Harmless Agreement . Exhibit : Ventilation Hold Harmless Agreement 45. General Conditions. . Governing Law, Venue, Interpretation. Costs,and Fees. (1) This Agreement shall be governedand construed in accordance ith the Laws of the State of Florida applicableto contracts made and to be performed entirely in the State. ( ) 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. ( ) The County n 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 r legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing shall be entitled to reasonable attorneys' fees, court costs, investigative, and out- -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. . 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. _ .._.................._... ....._ ... op Noise Insulation a 12 of28 c. r2gverabilijy. If any term, covenant, condition or provision of this Agreement ( r the applicationthereof to any circumstance rperson) shallb declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisionsi t shall not be affected thereby; and eachremaining term, covenant, condition n vision of this Agreement shall be valid ll be enforceablethe fullest extent permitted by law unless the enforcement of the remainingterms, covenants, conditions andprovisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. A tori,. Each party representswarrants to the other that the execution, delivery andperformance this t have my authorized by all necessary County n e Owner action, as may be required1 . e. D 2MUonf AgMqment. This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Propertyr and by the County n shall remain in effect for a periodreasonably i to effect the Program Improvements ( " r "), except as may be sooner terminated in accordance ih the provisions of this Agreement. f. c i Ass! Fun r Begg The CountyProperty Owner agree that each shall be, andi , empowered to accept for the benefit of any or all of them, gift, n ist funds, or bequests to be used r the purposes of this Agreement. g. Claims f r Fede I r t t i . The CountyPro Owner agree that each shall be, andis, empowered to apply for, seek, and obtain federal and statefuns to further the purpose f this t; provided that II applications, requests, grant proposals, and funding lici ti by the PropertyOwner shall be approved the Countyprior to submission. . Adjudigation of Disiute4r mm,Disagreements. The County Property Owner agree that all disputes and disagreements h II be attempted resolved t and confer sessions betweense tiv s of each the parties. If theissue 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 providedby this Agreement or by Florida law. i, o f cri i ti ® The parties agree that them will be no discrimination agist any person, andit is expresslyunderstood that upon a determination court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminateswithout y further action on the part of any , effective the of the court order. The partiesto complyit II Federal and Floridastatutes, d all local ordinances, as applicable, relating to nondiscrimination. These include t are not limited t : 1) Title VII of the Civil Rights Act of 1 ( L - ), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; ) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1881-1683, and 1 -1 ), which prohibits discrimination on the basis o sex; ) Section 504 of the Rehabilitation Act of 1973, ends (20 USC § 794), oner Noiselmdation Agreement13 of 28 which prohibits discriminationon the basis of is ) The Age Discrimination Act of 1 (42 USC §§ 6101-6107), which prohibits discrimination on the basis ) The Drugs i t Act of 1 ( L - ), as relating to nondiscrimination on the basis of drugabuse; ) The Comprehensive lcool Abuse andAlcoholism v ti , Treatment and Rehabilitation t of 1 ( L 91 616), as amended, relatingnondiscrimination on the basis of alcohol abuse or alcoholism; 7) The PublicI rvi of 1912, 23 and 527 ( -3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug patient records; ) Title Vill of the Civil Rights Act of 1 USC §§ 3601 et .), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americansi i iliti f 1 (42 USC §§ 112101), amendedas time to time, relating to nondiscrimination in employment n the basis of disability; 10) Monme County Code Chapter 14, ArticleII, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gendr identity r expression, familial status or ; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subjectr o , this Agreement. j. Coggeration. In the event any administrativer legal proceeding is instituted against either party relatingto the formation, execution, performance, or breachof thisAgreement, the Countyn r r agree to participate, to the extentui by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance this Agreement or provision of the services n r this Agreement. The CountyOwner specifically agree that no party to this Agreement shall be requiredto enter into any arbitrationproceedings related to this Agreement or any Attachment or Addendum to this Agreement. k. Books, Records. pnd Documents. The County n Property Owner shall maintain books, records, and documentsdirectly rtin nt to performanceunder this Agreement in accordanceit n r Ily accepted accountingprinciples consistently li to this Agreement or their authorized representatives shall have reasonableand timely c s to such records of each other party to this Agreement for audit purposes duringthe term f the Agreement and for four years following the terminationthis Agreement. 1. Covenfin of No Interest County n ro Owner covenant t neither p ntl s -interest, and shall not acquire anyinterest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receivebenefits recited in this Agreement. h The County h the officers and employees of the County recognize ill be requiredto comply ih the standards o conduct relating to publicofficers n employees as delineatedin Section 112.313, Floridatotes, regarding, but not limited , solicitation or acceptance of gift; doing business with one's ; unauthorized compensation; misuse public position, conflicting ploy nt or contractual relationship; and disclosurer use of certain information. Noise I latio -Agreement Page 14 of 28 ISQ11citationji2eyment. The Countyr warrant that, in respectto itself, it has neither employed nor retained any company or person, other than a bonafide employee i l l r i , to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, r firm, other than a bona fide employee working of l r i , any fee, commission, percentage, i , or other consideration contingent upon or resulting from the award or making of thist. For the breachr violation of thisprovision, the Property Owner agrees that the County shall have the right r i t this without liability its discretion, to offset from monies , or otherwise recover, the full amount of such fee, commission, percentage, i , or consideration. o. Publig Access. Propertyr must comply i Florida public records laws, including not limited to Chapter 119, Florida StatutesSection 24 of articleI of the ConstitutionFlorida. The Countyr r shall allow permitIe access to,, and inspection of, all documents, , letters r other " li r materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County Propertyr in conjunction with this contract and relatedo contract performance. The County shall have the right to unilaterally can I this contract upon violation this provision by the Property Owner. Failure of the Propertyr to abidethe terms this provision shall be deemedmaterial breach of thisoCounty may enforcethe terms i provision in the formu c ishall, as a prevailing itled to reimbursement of all attorney's fees andattorney' costs associated with that proceeding. This provision shall survive anytermination r expiration of the contract. OwnerThe Property is encouraged to consultit Its visa out Floridau li s Law in order to comply withthis vision. Pursuant to F.S. 119.0701 and the terms and conditions i contract, the Property Owner is requiredt : (1) Keep and maintainpublic records that would be requiredthe County the service. ( ) Upon receipt from the County's custodian of records, provide the County i of the requestedor allow the recordsto be inspected or copiedi i reasonable i t a cost that does not exceed thecost provided in this chapter or as otherwiseprovided 1 . ( ) Ensure that public records that are exempt or confidential and exempt from public records disclosurei not disclosed except as authorized law fbr the duration of the contractr Il in completion h contract if the PropertyOwner does not transfer the records to the County. ( ) Upon completion of the contract, r, at no cost, to the County II public records in possessionof the Property Owner or keep andmaintain public records _ ..mmm., ....o Noisen, .Areewnt Pap 1 that would be requiredy the County the service. If the Property Owner transfersII public records to the Countyupon completion of the contract, the Property Owner ll destroy any duplicatepublic records that are exempt or confidential and exempt from lic records disclosurerequirements. If the Property Owner keeps and maintains pli l i the contract, the PropertyOwner shall meet all applicable requirements for retaining public records. All records stored electronically must be providedto the County, upon request from Coun ' custodianof records, in a format that is compatible with the information technology systems of the County. ( ) A request to inspect or coy public recordsrelating to a County contract mustdirectly to the County, but if the Countynot possess the requested records, thCounty shall immediately notiProp" r of the request, and the Property Owner rovirecords County r allow the recordsto be inspected or copied withinreasonable time. If the Propertyr does not comply with the oun request for records, the County II enforce the public records contract visions in accordancewith the contract, notwithstanding theCounty' option n right it r ll cancel this contract upon violation of this provision by the Property Owner. A Propertyr who falls to providethe publics to the County or pursuant to a valid lic records request i i n I time s !ect to penaltiesunder Section 11 .1 , Florida Statutes. If the property owner has questions regarding the application of chapter 119, Florida statutes, to the propertyis duty to provide public recordsrelating to this contract, contact the custodian of public records, BrianBradley, t ( ) 292-3470, r I - ri n coon -fl.ggv, Monroe Countyor 's office, 1111 12th Street, Suite West,408, Key FL 33040. p. mmNon-Waiver= of Immunity o ih n ing the provisionsof Sec. , Florida Statutes, the participationof the County and Property Owner in this Agreement and the acquisition of anycommercial liability insurance coverage, self- insurance v , or local government liability insurance pool coverage shall not be deemed a waiver f immunity the Countyto the extentof liability coverage, nor shall any contractinto by the Countyi n in any provision for waiver. q. civil _" anA Immunities., AII of the privileges immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, i ili , workers' compensation, other benefits whichapply to the activityf officers, nt , volunteers, or employees of the County, n performing their respective functions under this Agreement within the territorial limits o II l the same extentdegree and tot performance o such functions dutiesc is , agents, volunteers, or employees outside the territorial limits of the County. r. L2MI Obligations n onsi ilii . s _o - I do o Constitutional or 5t@WLoa Duties. This Agreement is not intended t , nor shall it be construed relieving ici ting entity from any obligationr responsibility PropeM � Owner Nobe Inniation Agreement 16 of2 w,m imposed n the entity by law except to the extent of actual and timely thereofr participating entity, in which case the performance in satisfaction of the obligation r responsibility. Further, this Agreement is not intended t , nor shall it be construed authorizing the delegation of then itin I or statutory uti of the County, t to thei Florida constitution, state statutes, case law, and, specifically, the provisions of Chapters 125 and 1 , Floridat to . s. Hga:Rg&=by Non-Parties, o or entity shall be entitled to rely , or any of them, of this Agreement to enforce or attempt to enforcethird-party third-party claim or entitlement to or benefit of any service or program contemplated r, and the Countyr agree that neither County nor Property Owner or any agent, officer, or employee of eachshall have the authority to inform, counsel, or otherwise indicate that any particular individual r group f individuals, nti or entities, have entitlementsr benefits under this separaten , inferior t , or superior to the communityin general or for the purposesI in this Agreement. t. i n . The Propertyr agrees to execute such documents the Countyreasonably require in the performanceof the obligations and duties f the Countyr Property Owner under this Agreement. . m No Personal Liability. No covenant or agreement contained herein shall be deemedcovenant or agreement of any member, officer, agent or employee of Monroe Countyin his r her individual i no member, officer, agentr employee of MonroeCounty II be liable o Il this Agreement or be subjectI liability r accountability by reason of the execution oft i Agreement. v. Execution lfl=__Qpu_qteCpqrts. Thisc 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 heretoy execute this Agreement by signingn such counterpart. w. i n Headingil. Section headings have been inserted in this Agreements a matter of convenienceonly, 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 the . _. ......� NopeM Owner Noise Insulalion Affeement Pap 1 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: 4" ................. signature t4A)-7 6 ARCH WNW Namle, ............. Printed Norm Signature :2—'7,,2-0 11 m Doe -7rbLi 4?m no Printed Name I ................... .......--......... ........... .................. WITNESSES: PROPERTY OWNER: IN ........... Signature Ufa Printed Name Z N3 Signature Cr inled Na - ----------- ------------------- (O'c WIE"nuf0v ArWANEV, -P A&,Ta FORM MORRM CdUNTY BOARD OF COUNTY COMMISSIONERS: AS,.G u- 4ry XFMPJW MAYOR 1 CHAIRMAN. kkVfk MADOK, CLERK By Wputy Clerk Signatur Date ............... ...................................... Property Owner Noise Imuladon Agreement Page 18 of28 PROGRAM POLICY STATEMENTS Exhibit NoiseTo Property Owner I tiAgreement A. Air Conditioning;_ General Restrictions. While providing a new ductless "mini- split" AC systemto your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums: 1. All condensing units will be installed on the balcony . All refrigerant lines (running from the balcony condensing unit) will be installed consistent with KWBTS Board policy rules, maintaining maximum height of 48 inches. . All condensate lines will be installed on the building exterior consistent with KWBTS Board policy rules to ensure the highest level of consistency and building architectural aesthetics. . All interior AC lines (reffigerant, condensate, electrical) and Energy Recovery Ventilator ( ducts will be housed in new vertical wall and corner pilasters which will be constructedto match the quality of existing walls. The number and locations of the new vertical wall and corner pilasters will differ depending on your unique condominium floor plan and number of bedrooms. The NIP executive architect will review this information with you at your NIP Design Review Meeting. . Only electrical service panels that are determined by the Program Manager to be deficient will be replaced the Program as a part of the Noise Insulation Program modifications. WindowB. ill Rgplacement. • Due to the presence of asbestos, the NIP will provide new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, gTnite, wood) will not be replaced. This revision will be an improvement, while decreasing constriction costs and improving time efficiencies. C._ Custom Crown Moldinq and Baseboards Restricitions The new asbestos abatement requirements will restrict the ability to remove existing custom trim and baseboard prior to construction (as originally assumed), which will not allow sufficient time for the awarded general contractor to secure custom matched replacement trim. Therefore, existing crown moldings, wall trim, and base, the contractor will, instead, cut the existing wood trim flush to the face of the new pilaster or thru wall ac-infill. At new pilaster locations and, if the thru wall ac infill abuts the existing baseboards, the contractor will install a standard ( " x -1 ") painted wood trim to abut the existing trim, rather than attempting to match the existing custom trim profiles and materials. After the completion of the NIP construction, the property owner will ... ._.... _ ..... _ ........� .... ibit ExhA Property Ownero' Insulation Agree t Page 19 o have the option to replace the installed trim with other custom trim to match the existing materials and profiles. ThresholdD. Door _ i�gih Due to stringent Florida hurricane impact and water infiltration building des, all new aluminum acoustical prime entryswinging doors and sliding lass patio doors will have thresholds that are considerably higher (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 during a hurricane. E. KWBTS Asbestos Testinq s required by state and federal requirements, T C conducted asbestos testing on all participating Tcondominiums in Buildings A, B and C during the November 2017 to April 2018 time period. This testing included collecting 7 to 9 samples at each condominium to include um board joint compound, windowglazing, and exterior window n door caulking. In addition, random exterior stucco l collected on both t lk ay" and "courtyard / balcony" building elevations. Depending on the laboratory analysis of these samples, the presence of asbestos 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 units n the infilling of openings, ceiling cuts required for installation of the ductless AC, II cuts required for the installation of the ductless AC, construction of vertical wall pilasters requiredfor installation of the ductless systemAC u , construction of closet soffit for installation of the ERV. F. Asbestos Abatement_ReggiMments In the event any samples show a presence of asbestos containing material (ACM), the awarded NIPcontractor will be required to perform the lloin abatement requirements during construction: If saMiLles show pu presence of ACM C 1% The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum dleaners in the areas where surfaces are chipped, cut and/orsanded. Exhibit-Property Owner Noise Insulation e 2 aft If samples show a presence of ACM >1% The NIP contractor will be required to perform full asbestos abatement prooedures as directed by the Environmental Protection Agency (EPA) to include: - Construction of ACM containment barriers in all areas (walls, ceilings, closets, window sldoors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resuffing from demolition process) by certified asbestos abaiement staff. - Air sampling of containment areas and clearance of all as by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. - Given the cost to provide required,asbestos abatement procedures, the FAA will require THC to develop a design and construction plan that minimizes the disturbance of ACM to ensure the minimization of construction costs, duration, and liability to the contractor and KWBTS property owners. This plan will result in new property owner requirements and design restrictions which are outlined below. H. KWBTS BOARD Authority of Design Decisions. The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes 3. Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split"AC System Installation Requirements 5. Interior Ductless "Mini-Split"AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment ............................... Exhibit A-Prop&V Owner of Insulation Agreement Page 21 of28 LEGAL DESCRIPTION Exhibit HomeownerTo Noise Insulation Agreement Condominium Unit No. 2 - , CORAL BAY GARDENS OF KEY WEST BY THE SEA, condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book 589, Page 7 , as amended from time to time, of the Public Records of Monroe County, Florida. ......... . ........... ......... ..._. .._ ........................... ... ......_...._. _... Exhibit -Property Owner Noise Insulation a en Page 22 qf28 PROGRAM IMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This Exhibft 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 Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) ........ ........... ....... ....... . .................. ..... . &hibit C-Property Owner Noise Insulation Agreement Page 23 of28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Propert� Owner Noise partial1 In r tl f the compensationto be paidif of the County and the Program fort Improvements to be made to the Property described in the Agreement of even dateherewith (the "Agreement")) Propertyand r and to whichi is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, tl assigns and f the undersigned, forever releases, remises, discharges, indemnities covenants not to sue, institute 1 t, or institute any proceedingst, the r any of its agents, officers, employees, consultantsr contractors concerningl1 claims, demands, damages, actionsr causes of action whatsoever kind and naturet of bodilyinjuries r death, damage to the property, and the consequencesf, and any oft foregoing I y accrue to the Undersignedtheir respective i , personal representatives, successors and assignsi connectionit 11 Pre-Existing ( "Deficiencies") agai i County r any ofi , agents, employees, consultantscontractors legally liable. Property2. The r understands and assumes full responsibility fbr the Deficiencies t in the Property, whethervisible t the Program r or unseen. Owner1 The Property understands that the Deficienciesinclude any deficiencies t in the Property at the time execution f this r t which could include, t be limited , code violations, structural damage, watermoisture hazardousmaterials, infestation and/or any issue that would negativelyimpact the installationf the ProgramImprovements. 4. f visible, t nr understands that t r r may identify Mini time throughout the Programprocess (including des bid and constructionprocesses). If identified t , the OwnerProgram Manager will classify the observed Deficiencies as either "Minor" or"Severe". & The Property assumes full responsibility fbr the worsening documentedinor Deficiencies. In the rare nt "Severe" Deficiencies ar identified ridesign process, t r r agrees to completenecessary repairs to the Property, to the acceptance of the Programr, as a preconditionto the commencement of constructionf the ProgramImprovements. the rare event that om r " Deficiencies are uncovered duringthe constructionperiod, the Property Owner agrees to complete .._ --- ... ..___ .... _._-. __ _ ...... ........_.......__.- -- Exhibit D-Property Owner Noise Insulation Agreement Page 24 of 28 necessary repairs o the Property, to the acceptance of the Program Manager to minimize y delay or stoppages of work. . The undersigned ack I that all of the release and hold harmless and indemnity provisions set forth in Paragraph1 of this Exhibit Q apply property , injuries, deaths, or damages arising from a Deficiencies for all negative impacts that later result r the additionof the Program Improvements. provisions of this Exhibit _Q shall survive the r i tin or expiration of the Property Owner Noise Insulation Agr . under-signed8. The that the terms and provisionsi ExhibN`_ shall be bindingupon, and inure to the benefit of the undersignedn it respective Teirs, personal representatives, successors andassigns. ...... ____m_ I A" $,q%atur� GP Signature Prnted r Printed Name Signature Prinim,-, Name _WITNESSES: PE......._...... . __.._.-.. ®.- OWNER: Signature _-.-.. Signature Printed Name Prin e Si ntu Date Printed Name .. . ........... IT PROPERTY OWNER: Signature ..,.. Signature .... Prin _W a— e Printed Dame Si ntu Printed Name .__-_--. --,. .........-. _ —------- _------ ................... ._ Exhibit D-,Property Noise Insulation e 25 of 2 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1 In partial consideration of the compensationto be paidn behalf of the County and the Programfor the Program Improvements to be made to the Property described in the Agreement of even date herewitht "Agreement") between the County Propertyand r and to whichthis E is attached, the undersigned, for and on behalf of the undersignedthe heirs, personal representatives, assignsf the undersigned, forever releases, remises, discharges, indemnities covenantsto sue, institute cl i i t, or institute r iagainst, the County, or any of its agents, officers, employees, consultants and/or contractors concerningl claims, demands, damages, actions or causes of action of whatsoever kind and naturet of bodilyinjuries r death, damage to the propertythereof, the foregoing whi r t the undersignedr their respective it , personal representatives, successors and assignsin connectionit II Ventilation Deficienciest "Deficiencies") agai t said County or any of its officers, I , consultants and/or contractors to be legally lbtble. Program2. The Improvements may include iti acoustical windows , removal and infilling of "through-wall" I it conditioner units and the additionf a replacement l i. i- liter air conditioning system. these modificationsit result in a tighter interior environment due to the elimination II passive inside outside it leakage that was naturallyoccurring in all openings, the Program ill also include the additionf a energyrecovery ventilationit which ill provide an adequateinside i it to the condominium required it i . Given3. tightened interior sir of the treated ii the Propertyr agrees to assume full responsibility for the proper operation of the new Program less AC system and energy recovery ventilationit to avoidthe potential for moldi r I , especially duringperiods the condominium is closedi it . 4. Due to FAA eligibilitylimitations, the Programill not be providing bathroom t fan treatments. i r t r showers arer f moisture ger ti in the interior it t of a condominium, the Propertyr agrees to assume full responsibility for ensuring that all bathrooms have an operable bathroom t fan capableof properly exhausting bathroomit the exterior of the building. It should alsothat the riil KWBTS condominiumsr constructed i Il wall vent that was designedto allowthe passivet of i i -Noperty OwnerNoise Imulation AgreementPage 26 o,f 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 vents (if still present) have the potential to provide a pathway for unwanted air, smoke and/or gases into the condominium interior. 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. & It is clearly a building code violation to duct laundry dryer exhaust to the KVVBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to correct this deficiency by properly exhausting their laundry dryer exhaust 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 it 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 of interior moisture and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior 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 1 of this Exhibft E apply to injuries, 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. 8. The undersigned hereby agree that the terms and provisions of this Erh1bM E shall be binding upon and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. ........ .......................... WITNESSES: PROPEfRTY OWNER: 1-7 Signature Signature Printed 0 4, 4 4 'n Pnw,tksd Marrm Signature �J Date PrIn ad Name ................... -——------------------ -—-------- ............... Fahibit E-Property Owner Noise Insulaijon,,1greement Page 2 7 of 28 .._.. _ .._...........__- __... ®..._ _. _._. ...... _._. ITPROPERTY OWNER: Signature .............. .,, _.._.... Signature Print Nam® _. �. Printed Name Signature Printed Name _... _,._... .. ....___ _. _ -__....__�_....... PROPERTY : Signature ..... _ .v . Signature Printed Name „• Printede i Signature data Printed Name _ ....... ._.............. ...... _..... .._ ...._.... Exhibit E-Property owner Noise Insulation Agreement Page 28 of 28