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09/18/2019 Agreement/Easement-C302 �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 Pregamd By and R&tLkM To. Heather P. urt NIP Assistant Project Manager THC, Inc. Rec0fded 412U2020llao Am PbP 1 of q 10 Dacula Rd., Suits 4A#315 Dacula, GA 30019Filed of AVIGATION EASEMENT Key t International Airport Noise Insulation Program 20-1!L by THIS EASEMENT AGREEMENT is entered into this D 4-f"A.1M, . ,,#,,O Property Owner," in favor , of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, II 'c and corporate, hereinafter referred to . OwnerRECITALS- is the i l titleholder to in real "t a located in Monroe County, Florida, more particuladyi follows: Condominium it No. THE SEA, condominium, together it n 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, Flodda. also identified t : "2601 S. RooseveltI . lit " B. The BOCC is the ownerandoperator of Key West International Airport("the Airport") desires to makeI that, through intedor noise Oa testing, determined incompatible as a resul f their itcraft noise compatiblefor residential purposes through the implementation of a NoiseInsulation Pr I " . C. Under the NIP, the l 0 ill design and Install or pay fort installation f improvements and modificationsto the necessary to interior noise levels t least 5 dB and to bringinterior noise level below in accordance withl Aviation Administrationpolicy. Granting of an Avigation Easement " nt" is a BOCC conditionf participation in the NIP. t will supersede anyimplied r prescriptive easements that the BOCC may have obtained underli l laws. D. The funding source for said NIPill include funding from the Unitedt " r t pursuant to irport and Airway Improvement Act oft and will include funding from the , acting in its capacitythe owner and operatorf the Airport. OwnerE. The Property desires to ici t In the NIP 'entered into Key Wag Intemagonal Airport NIP—Avigagon Easement Unit ) Page 11 Owner Noise Insulation Agreement with . The 's implementation the NIP will benefit the Property Owner and the Property by providingi i I sound attenuation construction on all eligible residential structures on the property necessary to achievereduction in DNL indoor noise levels at least 5 dB and bringaverage interior noise level l In i Federal Aviation Administration policy. F. The Property Ownerlly understands that the ! li i ility could change t some future time, u is currently s the 2013Existing Condition of acceptedI Aviation Administration ("t ") on December 19, 2013. G. The NIPill be administered in accordance withthe current FAA Order 5100.38, i Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE,for and in considerationh Improvements to be made to the Subject Property through the NIP,the receiptn uacy of which is hereby acknowledgedof parties, n in considerationincorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalfOwner and Its heirs, assigns and all successorsin interest. t, bargain, sell and conveyto the BOCC, its successors n ss! n , a perpetual avigation easement over the . The use of the Easement shall include the right t n it noise and to cause other effects as y be associatedit do of aircraftover or in thevicinity of the property. This Easement shall apply to all such aircraftactivity at thei t future, in whatever fbnn or type, during , on, to or from the Airport, it being the intent of the partiesthat all such Airport activityshall be deemed to be included within the purviewi se t. . This Easementshall be perpetual in nature shall bind and run withthe title h property and II run to h fit of the BOCC or its successor in interest as owner and operator of the Airport. Property3. The n r on behalfof ther, its heirs, assigns ucc in interest,does hereby releasethe BOCC, and any andall related parties of the , including not limited to BOCC members, officers, agents, servants, employees and lessees, ll claims, n , liabilities, attorneysfees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past , or will in the future possess, result of Airport operations or aircraft activitiesn noise levels I to or generated by Airportactivity, or may hereafter have as a result f use of this Easement, including not limited o damage to the above-mentioned propertyor contiguous property dueto noise, and other effects of the operationthe Airportr of aircraft landing r taking off at the Airport. . __........ ...._....._.......... Key t International Airport NIP—AvIgatlon Easement(unit ) Page 2 c f 4 4. This Easementexpressly excludes and reserves to the Propertyr and to the OwnersProperty i assigns In. interest, claims, , debts, liabilities, costs, attomeys' or expert's fee,expert' or causes of action for physical damage or personal injury y any aircraft or part of anyi using the Easement that does identifiable pby is 1 damage to the property or injury to a person n the property by coming into direct physical contact withthe property or the person o the Should5. i r party hereto r any of their successors r assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in any matter adsing under this Agreement,or to recover damages by reason of any allegedf any provision of thisAgreement, the prevailingparty shall be entitled to all costs, damages and expensesincurred including, not limited y' incurred in connection therewith, including ll t ion. provision this Agreement is to be interpreted for or against any party because that party r that partys legal representative drafted such provision. This Agreement shall be interpreted construed i to the laws of the Stateloci . y No breach of anyvision of this Agreement may be waivedunless in wating. Waiver of any one breachany provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. ThIsAgreement y be amended only by written instrument executedh i s in interest t the time of the ' r ti . In the event that any one or more covenant, condition or provision contained herein is heldinvalid, void or illegal by any court.of competent judsdiction, the same shall be deemedI in r of this Agreement and shall in no way impair or invalidate t r provision hereof so long as the remaining visions do not matedally alter the rights n li tion of the parties. If such condition, covenant or other provision shall be deemedinvalid this scope or breadth, such covenant, conditioii or other provision shall be deemed valid the extent of the scope or breadth permittedlaw. 8. In the event the Airport shall be subdividedinto more than one parcel, or the Airportr portion thereof becomes subjectto operation, management or administration by a party in additionto or in lieu of the BOCC, then and in that event the partiest same shall not terminate r otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airporti o that n uch successor in interest to the BOCC shall be entitledII of the benefits running to the hereunder. Owner9. The Property agrees that the Property Owner shall bear and be responsiblefor II costs of maintainingtin ion matedals andequipment installed in the Property by or on behalfh . Keyw_... .........st International AIr rt NIP-Avl tlon Ea ent(Unit .. 3 2) Page of This Easement Agreement is executedfirst written. a ._.__ .. ... _. P�OPERTY TNER: PROPERTY OWNER: { Of ------------- Slgnlaf Printed W, Is Printed Name o� Date STATE OF COUNTY OF _ fL7f— The foregoingInstrument was acknowledgedi daQL)Q a t 411 by tell) Property owner Nam:e(s) 1 I a 1I Ftaiery PabNa Sdn.at FWd@ ��� :' im< . �. w f y Ca mi , 1 .d Je L W Notary Public Signature MMelion OG 26= �,, E�Ir�e!03121r20�1 .. _..._ _ ONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAYOR' Signature P�r—inted Name Vj Prtn���! Ne d �A. Signature Printed Name FLORIDASTATE OF COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of 20 bY, � .flm as Mayor of the MonroeCounty o County Commissioners, a body politic and corporate. _e� �� � ........ y Commission Expires: Notary Public Signature ............................ _... M I i aE COJJN ATTORNEY *'SRO T FURM Key West International Airport NIP-Avigation Easement(Unit#C302) Pa of 4......__. ASSISTANT -4T-; q DO ` {.. Address: Ke), t bv the Sea ' .. Name(s): PROPERTY OWNER NOISE INSULATION AGREEMENT KEY r INTEMATIONAL AJRPORT, MONROE COUNW THIS NOISE INSULATION AGREEMENT (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 State of Florida (the "County"), and the undersigned (the "PropertyOwner"). I T N E S 3 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 " i o ), 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 1br the use and benefit of the public a right of free and unobstructed i t 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 P (the 'Program') and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as moreparticularly described on Exhibit C 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") vide the installation of the Program Improvements; and WHEREAS, the Program is managed y the consultant team consisting of team manager and assistant manager, architect, mechanical 1 electrical engineer, acoustician and construction manager selected by the County (the "Program ana er"); 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; THEREFORE, in consideration of the terms, covenantsand conditions set forth herein, and other good and valuable consideration, the receipt and _...... ......... P�rqpeny Omw NoiseInniadon Agreement Pagelo2 sufficiency of whicti are hereby acknowledged, the Property Owner and the County hereby agree as follows: I Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement') which Easement has been recorded in the public records of Monroe County, Flodda. The Easement remains in full force and effect and is hereby ratified in all respects. 2. PrgggLm Poll Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility resty ons. The Property Owner understands that prescribed Program Improvements will, be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. 3. Payment of Pmg. p_q! lmprqvements. The County agrees to pay for the Program Improvements described in Exhibit Q attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4. Impeding Competitive Bid Process. The Property Owner shall not impede or interfere with the Contractoes ability to select between approved product manufacturers and subcontractors in the preparatlori of bid submittals. To insure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractors 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. 5. Construction Contract. The County will award the contract for the Program Improvements consistent Wth Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Pmgram Improvements within a tirne pedod derined by the Program Manager. Post-Construction Responsib 11 ffles. The Property Owner shall meet all responsibilities and requirements pertaining to both pre-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet all Pre-Construction requirements to include: (1) Removing all valuables (such as jewelry, coins, guns, antiques, heldoorns, etc.) from their condominium; (2) Moving. of all furrilture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white ......—------- P�Iopeny Owner Noise.1muladon Agma nt Pqge 2 of28 space in tam for the Contraclor. When doing so, the Property Owner will have the ability utilize the complete "floor to coUlng" space. Removingll excessive furniture an log i the condominium that willnot fit I the "Designated tr "; Removing all windowr t tmmrt mac blinds, plantationshutters, etc. storingthem In t 'Designated St Area"; Removing ll electronic and dust-sensitiveitems from their condominium or wrai t protective them in t "Designated Storagerr "; Removing ll wall hangings (such as mirrors, pictures, hanging shelves, etc.) storing them in the Teslgnated Storage "; 7all smaH iterns and belongingsinto either the closetsr bathroomst lr the "Designated Storagepay Sketch" b. After completion of the NIP construction, the Property Owner shall meet all Post-Constru n requirements to include: Moving f all furniture nd belongings storedi 'the "Designated t ".back to their odg�nal positions in the condominium: Movingthe-condominium; (2) fumrture and belongings back into (3) Re-Installaflon of allwall treatments, door treatments an wall hangings back to their original positions in the condominium. . In the event the PropertyOwner falls to performall of the above Pre-Construction a n i it ti , the Property Owner shall be removed from NIP participation anthe Property Owner shall be liable to the r tand/or Contractor for any and all resulting damagesl t and indirect related thereto. d. In the event the Property Owner faHs to n and all of the above Post-Construction responsibilities, the Pmperty Owner shall be liable to the County and/or Contractor for any andl lting damages and all direct and indlrect costsl t thereto. 7. ImpeLlr1g_gonstruction. Once construction of the Program Improvementsin , the Property Owner shall not lmpede constructionr alter constniGllon schedules. In addition, the r shall prevent any and all tenants that may occupy the rmm the construction of the Program Improvements from lrnpedlngconstruction or altedng construction schedules. In the event the Pmpertyr or any tenant occupying the Property lmpedes constructionr Pmpeny eNoise Insulation Agmement Page alters the constniction schedule, the Property Owner shall be liable the unt r and the County for any damagesand ll direct andindirect sty related thereto. B. Safe Workinq nvironment. The Property Owner shaH be responsible for providing In _ enAronment for the Program Manager, Contractor, subcontractors, suppliers, and it County, State and federal inspectors. a. Throughout all phases of design and construction of the u m Improvements, the PropertyOwner shaH be responsiblera f Providing lng en*onment that is free from potential health risks, b1ohazard conditions, hazardous I r l 1 , obstacles, weaponsf any kind and/or explosives; Refraining from verbal abus r profanity; Refraining from aggressive physicalcontact; Insuring that all pets are completelycur und contained. b. In the event the Owner falls to meet any of the foregoing conditions, the Program process may, at the Countys discretion, be temporarily suspended t any time. In such event, the Program Manager shaH notify the Property Owner in writing, stating the l action(s)an(s) and/or un ltl unrequired completed r performed by the rt r prior to the County resuming the process.Program . In the event the is not resumed to the Property un is faflure to completethe corrective tl ( and/or condition(s required by the r r, the Property rt un r shaH be liable to the County Contractor for any and all damages andall diroct andIndirect cost rr l ted thereto. . If the r process is rrm , the Owner shaH be liable to the Countyand/or Contractor for any and all nd all direct andindirect costs related to or caused by the temporary suspension of the Program process. 9. Construction I rirm the t ion perfod, the Contractor may ri n complications relatingto the lnstaUbon of the Pmgram Improvements. The un t Ion contract shaH provide that delays relatedto these unforeseen a Il ti the control of the t r and shaH be excused so that the time for completion may reasonablyextended. nst I un schedules may alsorevised if there is I in awarding of the t r if the Program Improvements to be re-bld in the t of lack of bidding t t r failure f the lowest responsive, respoun i t bidder to executethe t 1payment and performance bond or show proof of required �nsurance. 10. Changes to ScoDe of Work. The Program Manager reserves the Iht to makeIh to-_the plans m u tl un and the rum Improvements, at l . _ ....... NoisePropeM Owner l tton Agreement Page 4 of 28 sole discretion, time duringProgram i ' such changes do not reduce the scope or qualityf the Program Improvements describedin Exhibit such changes are necessitatedthe iscovery of hidden conditionst readily detectable during normal property inspection procedures. 11. ncompletion f t Program Imp t mom Manager shallinspect or cause the inspection f the Program Improvements met to determineIf they werecompleted t met to the terms of the contract. mom Manager retains sole discretion and authority on program conformance and performance issues as they Wate to the Contractor, subcontractors, suppliers tip designs. The Property Owner is requested to attendthe Substantial ton Inspection an minput to the Construction Managerwith respect to the identifiedml - u t items.. In addition, the Property Owner is l mime t attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial m pl to mid Final Inspections, they release and surrender their ability t provideInput to the n tr ion Manager vAth respect to the acceptancef the Program Improvements. In the event there i i t between the Property Owner and the Program Manager as to a conformancer performance issue, the (representativeProperty Owner shall be required to submit the discrepancy In wdting to Monroe County to be definedthe NIP constructionwithin 7 days of the Inspection giving rise to the discrepancy. Monroe County shall then make a determination to the acceptabilityf the conformance/performanceissue and remedial ion that may need to be taken. Monroe Countyshall be the final arbiter of any conformance/perforTnance/issues. ul the PropertyOwner to submit the wdften complaint within the time periodspecified boy l the ft r foreclose the Property Owners right to file such complaint. . Termination _ emit. The Propertyt t the signingf this r rm ent initiates boththe BID and CONSTRUCTIONf the ProgramImprovements met t In accordancewith the Program. Therefore, if the Propertyr attempts to terminate this mr met or otherwise impedes the progress of the performance of the ProgramImprovements after the award f the constructioncontract, the Pmperty Owner will be liable to the Countyfor any all damages and all direct and indirectsty caused thereby. . Warranties. The u t not represent or warrant the level of noise a n that the r will expedence within the Propertyresult f the Program Improvements-performed f the Program. a. The Countythat its contract withthe Contractor will include standard rm ( r warranties f m°rm the Contractor fbr all materials ri nd workmanship. Such one-year warranty periodshall commence as of the time of the acceptancef the work as provided r in Paragraph 9. b. t the f construction, the Program n r will provide the Property 'th a Warranty & Fin ichwill contain copies of the warrantypolicies, product Instructions, design documents andlegal documents. As condition of receiving the Warranty & Final C�oseout Package, the Propertymar .Npe?v Owner NoiseI 1 'o nt Page 5 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 tile Program Improvements differ 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 fbr 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 Owners inquiry arises dudng 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 Wth respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit Q (Deficiency 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. Pre-Work Requirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be_Mq_qlred to complete all funds and,.2@r thq, re-guired_deadflnes� a@ established by the NIP., In the event the Property Owner falls to complete the designated Pre-Work it 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 fbr any and all resulting damages and all direct and indirect costs related thereto. 1& -it of Key West 'Hard-Wired" Smoke Alarm Reg ulrement. In compliance with the City of Key West F! a hall and the City of Key West Building Department construction permit issuance requirements, the Property Owner will be required to install 120-volt "hard-wired" smoke alarms in their condominium in ........... -—---- Anopeny Omer Noise Inmiation Agmement Page 6 of 28 accordance with all applicable codes and regulations by the requireddeadline s established y the NIP. Thq Pro qg) _Owner will be responsibleu o ensure that the smoke alarms are not installed in same areas within the condominium whereI ffic tion worik _ ill occur, id any poj ntWl ! � d o�mw I ion process, In the event the Property Owner falls to install the designated - i " smoke alarms by the established NIPdeadline, the Property Owner shall be removed from NIPparticipation. 17. Sus I ension of Program Process. The Program process may be temporarily suspended at any time duflng the design and/or construction phases the discoveryDeficiencies u to their potential impact on the Program Improvements and product warranties. The Program processill not resume until the OwnerProperty has corrected all related problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely er, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delayand/or stoppages of the work. 18. Limitation on Alterationsto the Propert . The Property Owner agrees not to make alterations, or to permit any tenant occupying any portionthe Property alterations to the existing windows, doors and/or walls from thetime of the Designs until the construction of the Program Improvements have been completed. Exceptionsto this rule must be pre-approved in writingthe Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, It in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the Countyfor all direct and indirect s associated with un v alterations and damages related thereto. 19. Pre�and Post-Construction tru ion ois T sting Process. - & post- construction noise testing is a very important Program process that is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selectedthe Program Manager for - & post-construction noise testing, the Property Owner agrees to provide access to their property for testing agrees to not to make alterationsto the interior of their property (wfth the exception parrs of Deficiencies) from the time _the pre-construction noise test to the post- construqlpn noise t t. In an effort to insure it noise data collection, the Property Owner also agrees to preserve the intedor layout of furniture, r covedngs and windowtreatments from the time-of the pre-construction noise test to the„sport- tr ion noise test. runderstands that t failureo to this requirement may resultin corruptionthe noise testing data. Therefore, the Property Owner understands they a liable the County i1or any direct and indirect noise testing st in the event these requirements am not met. 20. c ,��oqratlon. reasonably q , the Property Owner shall cooperate with t r, the Program Manager and Monroe County in the performance all phases of the Program Improvements including, but not limited , the removal and reinstallation of rugs, wall hangings andi s necessary. ._.. _.. . ..._ e�. _. �.. ti............. Proper&Owner Noise Insulation Agreement Page 7 of 28 1. mA Utilities. The Property Owner shall permit the Contractor to use, t no cost to the Contractor or the existing utilities such as light, heat, power and ter necessary to carry out the Program Improvements. 22. Design n _ Process Access. At scheduled times and/or upon not less than twenty-four ( ) hours advancetic (via 1 it andlor letter), the Property Owner agrees to provideto the Program Manager, Contractor, subcontractors, suppliers, it , County, State and federal inspectors and consultantsaccess to the Property to collectn v ! II final design and biddocuments. These visits could include, u not be limited t , property survey, sin survey, ri I inspection, pre-noise testing - i visit, In the eventOwner falls t provide the Property for all required NIPsin and Bidvisits, the OwnerProperty shall be removedI icitin. 3. Pre-Construction Access. The Property Owner agrees to provide access to the Property forty-eight ( ) hours prior to the scheduled rt of NIP construction. This short visit will provide the Program Manager with the abilityto ensure that the Property Owner has met all furniture storageresponsibilities. itcould result in the suspension of the scheduled I ion and the Property Owner shall e liable to the County for Contractor for any and all resulting damages and all direct and indirect sts related thereto. . a- and Postion Access. At scheduled times and/or upon not less than twenty-four ( ) hours advancetic (via 1 it andlor letter) and per the establishedI t ion schedule ssi et, the Property Owner agrees to provide to ther, Contractor, subcontractors, pli City, County, t e l inspectors n consultants access to the Property to provide II required NIPPre-Construction and Post-Construction visits. These visits could include, t not be limited final measurement, pre-cbnstruction inspections, review Designated to requirements, of construction inspections and post- construction noise testing. In the eventthe r falls to providefor all required I of Construction visits, the Propertyr shall be removed from NIP participationthe Property Owner shall be liable and/or Contractor for any and all resulting damages and all direct and indirect t related th 25. Construction Period Access. Upon award of NIP construction contract, the Contractor wlliprovide the Program Manager with their,final construction schedule, hich will include the required number of calendar to completethe NIP construction in each of the participatinginiu s this schedule, the Program Manager will assign eachr with a designatednumber of c I r in which construction will occur in their condominium. The Property Owner agrees to relocatefrom their condominium for the entiresin time period. I addition, the Property Owner agrees not to re-enter their property for any reason during their assigned construction period due to safety concernsthe potential to negatively impact the Contractor. In the event the Property Owner falls to providefor their assigned construction time period, the Property Owner shall be removedI .. .......... .. .__..... -- -------- Property _....... ..... Owner Noise Insulation Agrea ent Page 8 of 28 participation the Property Owner shall be liable to the r Contractor for any and all resulting damages and alli t related thereto. 26. Construction Period to Hurricanes. Since the NIP construction ri III extend into the Key West hurricane , there is t wti i for construction I and/or stoppages, beyondthe control of the Contractor, in the event f a threat of an approaching r an ual hurricane event. Due to this possibility, the r understands that delays may occur in addition to their originally i t n time period, without any fault or co,st to the Contractor Manager.and Program Furthermore, the Propertyr agrees to relocatefrom their condominium r all additional calendar days resultingfrom NIP construction stoppagesto a hurricanethreat or event at no cost to the County, Contractor / Program Manager. In the event the rt Owner fails to providetrequirtrd additional access to their condominium due to hurricane-relatedstoppages, the Property r shall be removed from NIPparticipation the shall be liable to the County r Contractor for any and all resulting damages andall direct and indirect t related thereto. m During Construction, In the event the Contractor discovers pre-existingft i t the Property duringthe construction that negatively impact the installation of the NIP improvements, the to immediately repait and remedlateh deficiencies Ira an effort to reduce rw negative Impact on the scheduledconstruction m The Property Owner understands that, depending on the timing the pre-existing deficiency ir, the 141P constructionperiod to be extended, t no felt of the Program Manager or Contractor. Impact28. of Unforeseen KWBTS BuildingConditionson Construction Schedule. The Property Owner understands that unforeseen buildingconditions that may adse during the 141P construction may have the potential to increase the original scheduledr ti f construction, which Is not the fault of the Manager nor Contractor. The Property Owner needs to planr the "worst-case" possibility that the odginally-scheduled constrictioncompletion te may be delayed a few additional days due to unforeseenbuilding w iti that may arisecomplicate the l construction. 29. Existing Window� .rDoor_Treatments, Shades and Blinds. The Property w w t that, after the installation of now NIPacoustic window and the existing window and/or door treatments, lira t be compatible nor able to be re-installed due to sizei ° the now and existing ire . Existinq Crown__.. Molding. During the inetallation of the now acoustic windows and , the NIPll be providingn t na w " replacement interior trim and sills. The Property Owner understandsthat the NIPI n rat trim will not match custom and/or specialized crown moldingand/or custom window and r trim. After the completion of the NIPifl ti ra , the r will have the ability to make modificationsto the NIP'Interiortrim at their own expense. ..................... Propeny Omer Noise Inm1ation Agmem ent Page 31. Communication it � s. The Property Owner agrees t reviewread and Ill NIP emaUsr in a timely i n which are being providedthe NIP to ensureschedule m In the t the Property Owner falls to meet this requirement, It could result in removW from NIPi ti n. 32. Title ire tI Manager has obtainedr will obtain, at its sole cost and expense, an "Abstract of Title" to ensurethat the Property title is free from l Jr title defects. 33. Cooperation in I rite itl W Prior to the Bunt of oonstruction of the Program Improvements, the Property Owner shall cooperate withthe County in order t i title defects affectingthe hi disclosed by the t of Title"' and In the solei boon of the Countyr t invalidate the Easement, (U) secure the written consent of and and all mortgage holders to the Property Owner' f the t to the the County inn t it is necessary or desirable to do so (collectively, the 'Title Matters"). 1 , prior to the mn t of construction of the Program Improvements, the ufn , in its solei ti t inn that the Title inn the may invalidate the rat, this Agreement shall be null and void, not shall be terminated. . Federal Assurance. As requiredthe I Aviation Administration, the r agrees to the following ~nisi Ownera. The Property shall subject the un i un work on e the project to such Inspection and approval during the construction of the r m Improvements and after completion of the Program Improvements as may reasonab requestedbe the nn r and/or Monroe County. Ub. After final completion of the Program Improvements, the Property Owner shall assume the responsibility r maintenance andoperation of the items Installed, purchased or constructed under r this Agreement. Neither the I Aviation Administration nor the a nnty bears any responsibility for mWntenance and operation these items. Reduction35 t' Fresh Air Infiltration. The Property Owner will be required i nn Exhibit E (Ventilation Hold HarmlessAgreement) which imputes ll responsibility to the Property Owner for the proper maintenance of interior moisture t humidity i levels. Salvage36. to l n W It the Property r desires to retain any of the material r equipment removed n the Property result of the Program Improvements, the Property Owner shall arrange for the sWvageof said materials un equipment dlrectly Wththe Contractor at the Property Ownersl dsk and peon . The Countyun i ill for the conditionthe materlW, eqWprnent or surrounding surfaces as a resuIt of the owner-requested l In Property Owner and the Contractor shall, prior to the commencement of construction, agreenn and executedocument listing Usting those items to be salvaged. In the un Prop&V Owner Oise Insulation Agreement Page 10of 28 of such rm t, allItems shall become the propertythe Contractor. Materials and equI nt not listed r salvage by the PropertyIl become the property f the Contractor. 37. Fjqp�elnsurance. uric try Ion period, the Contractor will provide buildersg insurance for the Property. The Property shall have the option, t the Property I , to maintain homeowners insurance policy for the duration of the I the Program Improvements. The r understands that, fbilowing final oomplebon, the Contractors bull is risk insurance will It is advisabler the Property Owner to obtainInsurance to cover any value added to the Property by the Program. 38. Effects o The Property Owner understands that there is a chance_that 'construction itself may exceed the Contractor's odginal projected construction time rig . The Propertyr also iunderstandst the r trr ctl involve ntl l inconvenience an ld generate s1 r I nt quantities t and debris rendering portionsf the Property Ir h I Ibl r extended periods time. Labor39. and., M,Material Release. The Owner releases forever discharges any and all claims, suits and actionsagainst the Program Manager; the Countyits officers, employees, ts, consultants, and contractorsand suppliers with respect to Issues relatingto the rr rm of labor, materials acousbe designstill In the ProgramImprovements. Nothing in this shall limit the warranties for materials and workmansICI ire in the nt with the general contractor. 40. Sale of Prop In the t the Propertyr sells, conveys or otherwise t t title to the Property before the completionI1 phases of the process,Program the r heraby agreesto providethe buyer wfth of this rent prior to the closingon the l rr r other transfer, and t transfer all of the Property Ownersresponsibilities and oblI tin r this Agreement to the buyer as a conditionthe r other transfer of the Property. . Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant r_—oon�itlon hereof shall be construed , or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the r any other term, covenant or cond Ition hereof. Release42. t. In the event that this r r t I cancelled the County determinesthat the Easement should be I , the Property Owner, upon writtent by the County, shall pay to the rr the sum of One Hundred Doliarst . to cover the costsof the preparation recording the l t document in the public Florida. r understands that It is the Property Owner's responsibility to Insure such payment is made in order t "clear"clearo the title to the Property. __. ------- ........ Ome r e f ltio et e 11 o 2 41 Authqdty to Execute On Behalf Of Cout jty� By Resolution No. 111- L004, duly motioned and passed at a lawfully announced public meeting, the Boai��—0f County Commissioners of Monroe County, did, on the 17th day of March 004 g n t full L ra 11 authority 1br the County Administrator to execute twis—Agreement on behalf of the County without further action by the Board of County Commissioners: 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit A: Program Policy Statements, ® Exhibit B: Legal Description of Property ® Exhibit Q Program Improvements. ® Exhibit D: Deficiency Hold Harmless Agreement a. Exhibit E- Ventilation Hold Harmless Agreement 45. General Conditions, a. 9-9 I ,Venue, l Costs nterprq n tqti kq_ , , a (1) This Agreement shall be govemed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the en1brcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. (4) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enfbrcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance With the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. b. Bindinq Effect. The terms, covenants, conditions, and isi f provons o this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. Proper&0*wr Noise Imulation Agmement Page 12 of28 C. �e billta If any term, covenant, condition r provision of this Agreement (or the application thereof to any circumstance or ) shall be declared invalid r unenforceable o any extent by a court of competent jurisdiction, the remaining covenants, itions and provisions of this shall not be affected thereby; c inincovenant, condition vi ion of this Agreement shall be valid n shall be enforceableto the fullest extent permittedlaw unless enforcement the remaining terms, v n , conditions and provisions of this Agreement uld prevent the accomplishment of theoriginal intent of this Agreement. . AlAbority. Eachto the other that the execution, delivery and performanceof this Agreement havemy authorized by all necessary r action, as may be requiredby law. . Duration Of Ag a . This Agreement shall commence upon the execution of this Agreement, subsequent to executionOwner and the Countyhall remain in effectfor a periodreasonably required to effect the Program Improvements (the "Term"), except as may be sooner terrninated i accordance ith the provisions of this Agreement. f. c _ p gf Gifts, Grants.,_ Assistance Funds,. or ue . The CountyOwner , .gree that each shall be, and to accept for the fit of any or all of them, gifts, i funds, or bequests to be use r the purposes of this Agreement. g. Claims r Federal or State Aid. The CountyProperty Owner agree that each shaii—b—ean is, o o apply for, seek, and obtainfederal and state funs to further the purposei a nt; pmvided that all applications, grantos Is, and fundingsolicitations e Property Owner shall be approvedthe Countyprior to submission. h. Allydication 2f Disputes or Disaqrqements. The County Property Owner agree that all disputes and disagreementsshall be attempted to be resolved n r sessions between representatives of each of the parties. If theissue r issues are still not resolved to the satisfaction of the parties, then any party II have the t to seek such relief or remedy as may be providedthis Agreement r by Floridalaw. !. Nondiscrimination. The Countyp r agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a u to jurisdiction that discrimination has occurred, this Agreement automaticallyit ithut any further action on the part of any party, effective the date of the court order. The Countyr complyagree to iall Federal and Floridastatutes, and all local ordinances, as applicable, I tin nondiscirimination. These include t are not limited t : (1) Title I of the Civil Rights Act of 1 - ) which prohibits discrimination on the basis for or national origin; ( ) Section 504 of the Rehabilitation Act of 1973, as amended ( U.S.C. s. ), which prohibits discrimination on the basis of handicap; ( ) The Age Discrimination1975, as amended ( U.S.C. ss. 1 1- 1 ), which _._.. ....... ...__........®.PtopeHy Ownero Inadadon Agreement Page 1of 28 prohibits discirimination on the basis of age, (4) The Drug Abuse Office And Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health Service Act of 1912, iss. 523 and 527, (42 U.S. ), as amended, relating to confidentiality of alcohol and drug abuse patient records; (7) The Amedcans With Disabilities Act of 1990 (42 U.S.C. s. 1201 Note), as may be amended from time to time, relating to nondiscrimination onthe basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter 760, F'lodda Statutes., and Sectlop 509.092, Florida Statutes), as may be amended filorn time to time, relating to nondiscrimination; (9) The Monroe County Human Rights Ordinance (Chapter 1314, Article Vill Sections 13-101 through 13-130), as may be amended from time to time, relating to nondiscrimination, and (10) an,y other no scri m!nation 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. Cooperation. 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 of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter Into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. k. qpks t Records, and Documents. The County and Proper y Owner shall mai in books, records, and documents directly' pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement fbr audit purposes dudng the term of the Agreement and for four years following the termination of this Agreement. L 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 perfbrmance under this Agreement, and that only interest of each is to perfomn 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 n, but not limited to, solicitation or acceptance of gifts; doig I with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. ........................---------- Property Owner Noise 1wuladon Agmement Page 14 of 28 Sol!citation/Payment. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained anyp r person, other than a bona fide to i solely for i , to solicit or secure this and that it has not paid or agreed to pay any person, i , individual, r firm, other than a bonafide employee i solely for it, any fee, commission, percentage, i , or other consideration contingent upon or resulting from the award or making of this Agreement. For the breachr violation this provision, the Property Owner agrees that the u shall have theright to terminate this Agreement without liability t its discretion, to offset from monies , or otherwise recover, the full amountission, percentage, , or consideration. o. Public h oun r shall allow permit reasonable access t , and inspection o , all documents, papers, letters, or other materials subjectto the provisions of Chapter 119, Flodda Statutes, and made- or received by the CountyOwner in conjunction with this t; and the County II have the right to unilaterally cancel this t upon violation hi provision by the Property Owner. Public Records Compliance. r must comply with Floridapublic records laws, including but not limited r 119, Florida Statutes and Section 24 of articleI of the Constitution of Flodda. The County and Property Owner shall allow and permitreasonable o, and inspection of, all documents, records, papers, letters or other " u lic record" materials in its possession r under its control subject to theprovisions of Chapter I 19, FloridaStatutes, and r received by theCounty n ert r in conjunction with this contract related to contractr oun II have the right to unilaterally canc I this contract upon violation this provision by the Property Owner. Failure Propertyr to abidethe terms of this vision shall-be deemed a material breachthis contract and the County of this provision in the form of a court in shall, as a prevailingtitle to reimbursement of all attorney's fees and costs associated withthat c in . This provision shall survive anytermination or expiration of the contract. . The Property Owner is encouraged to consulti its advisors bout Floridaulic Records Law in order to comply with this provision. Pursuant t . 119.0701 and the terms and conditionsof this contract, the Property Owner is requiredt : (1) Keep and maintainpublic s that would be requiredy t Countyto perform the service. ( ) Upon receiptthe Countys custodian vi the County i y of the requested records or allow the records to be inspected or copiedii reasonable i t a cost that does not exceed the cost providedin this chapter or as otherwiseprovided I . ( ) Ensure that public records that are exempt or confidential and exempt from publicit i not disclosed except r Noise Inniation Agmement Pap 15oft authorized law for the durationt n following 1 ti the contract if the Property Owner does not transfer the records to the County. ( ) Upon completion of the contract, transfer, at no cost, to the County II public records in possession of the Property Owner or keep andmaintain public records that wouldbe required by the Countyto perform the service. If the OwnerProperty transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that t r confidential and exempt from publicdisclosure requirements. If the Pmperty Owner keeps andmaintains public records upon completion of the contract, the Propertyr shall meet all applicable requirementsfor retaining public records. All records stored l i Il t be providedto the County, upon request from the custodian in a format that is compatible 't the information technology the County. (5) A requestinspect or copy publicrelating u contract must be made directly to the County, County s not possess the records,requested the CountyII immediately notify the Piroperty Owner of the and the r must providethe records to the Countyr allow recordsto be inspected r copied withinreasonable time. If the Property Owner has questionsi the application Chapter 119, Florida Statutes, to the Property Owner's duty to provide publicco relating to this the CustodianPublic Records, Brian Bradley at ( ) 7 . p. Non-Waiver of Immunity. NoWthstanding the provisions of Sec. 768.28, FloridaStatutes, the participation of the CountyOwner in this Agreement and the acquisition of any commercial liability insurance v e, self- insurance coverage, or local government liability insurance of coverage shall not be deemed a waiver of immunity by the County to the extent of liability v , nor shall any contractinto by the Countyrequired contain vi ion for waiver. q. Priviloge and Immunities. All of the privileges andimmunities liability, exemptions from laws, ordinances, n Ies; and pensions and relief, disability, workers' compensation, r benefits which apply to the activityf officers, agents, volunteers, or employees of the County, when performingit respective functions under this Agreement within the territorial limits hCounty II apply to the same degree and extent to the performance of such functions and dutiessuch officers, volunteers, or employees outsideterritorial limits of the County. r. Legal, Obligationsnsi ilii a - I ti Constitutional or Statuto Duties. This Agreement is not intended t , nor shall it be construedli 'n y participating entityn obligation or responsibility imposed upon the entityy law except to the extent of actual and timely thereof y any other participating entity, in which case the performance in satisfaction of the obligationr responsibility. Further, this n is not intended t , nor shall it be construeds, authorizing the delegationconstitutional or stkutory duties of the County, to the extent permittedthe Floridaconstitution, Noise l I n Agreemew Page 16 oft state statutes, case law, and, specifically, the provisions of Chapters125 and 1 , Floridatut . s. Non-Reliance by Non-Parties. No personr entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforceny third-party third-party claim t entitlement to or benefit of any service r program contemplated hereunder, and the Countyn r agree that neither the Countynor Property Owner or any agent, officer, or employee of each shall have authority to i I, or otherwise indicate that any particular individual or group f individuals, entity r entities, have entitlements or benefits under this Agreement separate , inferior to, or superior 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 Countya ly require in the performance the obligations and dutiesthe County or Property Owner under this Agreement. Personal Liabliltv. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of MonmeCounty in his or her individual capacity, o member, officer, agent or employee of Monroey shall be liable personally on this Agreement or be subject o any personal liability or accountability by reason of the execution of this Agreement. v. Execution i n ,u rts. This executedi any number o count rt , each of whichII be regarded as an odginal, all of which taken together shall constitute one andh instrument and any of the parties hereto may executethis t by signing such counterpart. w. Section din p. Section headings haveinserted in this Agreement as a matter of conveniencef only, and it is agreed that such section headings are not a part of -this Agreementill not be used in the interpretation ny provision of this Agreement. .... ......... ..... r r o' e I ltio I IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. .............. ...................... .............. PROPERTY OWNER: J Signature ......................... Z 151g& re Printed Name Printid Name 19 re A Date Printed Na ............................. .... ................ ........... PROPERTY ITN T OWNER: S 17 NO Signature r,�.trk enn A 3 Printed Name Si! lature Date .................. Printed Name —---—------—-----—-— ------------------------ —-------------------------------- AONR Of'661UNTY BOARD OF COUNTY COMMISSIONERS: ej MAYOR/ CHAIRMAN- 1.4V Sylvia J. Murphy KEVINiMADPIK, CLERK 7W, By: ro oelwi Deputy Clerk Signature A &;Vflor; COUNrf MOM& A .F)Pc 'Ey FORM' j" ------- L I Owner Nbive Ihniation Agreement P 18 q f28 AMMNEY Dow— - .— PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation A. Air ® General Restrictions. Whilel l I k lit" AC systemr condominium as a part of the NoiseInsulation modifications, following limitations and restricti itl apply to all condominiums: 1. All condensing unitsill be installed the balcony 2. All refrigerant lines the balconyi its will be installed consistentitpolicy I i i ing a maximum height of 48 inches. II condensate linesill be installed the buildingr consistent with Board policy rules I t level of consistency and building architectural aesthetics. 4. All interior lines t8 condensate, electrical) and Energy Recovery Ventilator will be housed in new vertical wall and comer pilasterswhich ill be constructedt lity of existing walls. The number and locations of the new vertical wall and comer pilasters will differ depending on your unique condominium r plan andr of bedrooms. The NIP executiveit ill reviewthis information i r NIP DesignI . 5. Only l l service panelsthat are determinedManager to deficient will be replaced by the Program as a part of the Noise Insulation modifications. B. Window Sill Rpglacement. Due to the presence of asbestos, the NIP will provide a new custom wood surround and ill instead the existing to thisi Iexisting illgranite, will not be replaced. This revisionwill be an improvement, while decreasingconstriction t improving time officlencles. C. Custom __ oldlinn and Restrictions The new asbestos abatementrequirements ill restrict ability to remove existing custom trim and baseboard poor to constructionoriginallyi ill not allow sufficient i for the tractor to secure custom matched replacementtrim. Therefore, existingi ll trim, and base, the contractorill, instead, the existingt ® flush to the face of the new pilaster thru wall ifill. At now pilaster locations and, ® the thru wall so infill abuts the existing contractorbaseboards, the it install a standard - painted trim materialabut the l i t " rt i i ti t I and After the completionthe NIPi ill Exhibit A-Propeily Owner Noise Insulation Agmment Page 19of 2 have the option to replace the installed trim with other custom trim to match the existing matedals and profiles. D. Door Threshold Heights. Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging doors and sliding glass patio doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provI de optimum protection to the interior of a condominium from water infiltration during a hurricane. E. KWBTS Asbestos Testing As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS condominlurns 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 gypsum board joint compound, vAndow glazing, and exterior wI ndow and door caulking. In addition, random exterior stucco samples were collected on both the 'Walkway" and mcourtyard / 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 1hrough-wall" AC units and the infilling of openings, - ceiling cuts required for installation of the ductless AC, ® wall cuts required fbr the installation of the ductless AC, - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, - construction of closet soffit I& installation of the ERV. F. Asbestos Abatement Reguirements In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction, If samples show a pMsenqq of The NIP contractor will be required to comply with 0SHA.worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. Exhibit A-­A�p-'erty Owner Noise Insulation Agreemens Page 20 of 28 If samples show a presence of ACM >1%, The NIP contractor will be required to peiform full asbestos abatement procedures as dI rected by the Environmental Protection Agency(EPA)to include: - Construction of ACM containment baniers in all areas (walls, ceilings, closets, windows1doars), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition pmcess) by certified asbestos abatement staff. - Air 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 Wil be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the 141P construction process to ensure proper compliance with federal and state abatement guidelines. 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 wIII 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-SplIVAC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment ........... Exhibit A-Propeyty Ownff Noise Imlation Agmment Page 21 oft LEGAL DESCRIPTION OF PROPERTY Exhibit NoiseTo Homeowner l i t Condominium Unit No. 302-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, condominium, together with an undivided interest in the common elements, according the Declaration of Condominium thereof, recorded in Official Records Book589, Page 70, as amended from time to time, of the Public Records of Monroe County, Florida. --................. - . ...MM� �. _... Exhibit -Property Owner Noise Insulationt Page 22 o PROGRAM IMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligiblethat includes the Program Improvements the Program Manager to reduce the interior environment of a property by a minimumfdecibels. typical Program Improvement package may include: Architectural Drawings Replacementl iAcoustical Windows Replacement Aluminum Acoustical Swinging Prime Dooqs) 0 Replacement Aluminum Acoustical Sliding Glass Patio Door(s) ibtt __ e,.� — .. er ltio e t e 23 of t DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Propedy 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 descdbed in the Agreement of even date hereWth (ttie "Agreement") between the County and Property Owner and to which this Exhibit D is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, rernises, discharges, inderrinifies and covenants not to sue, institute claims against, or instlitute 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 which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing DeFiciencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands and assumes full responsibility for the Deficiencies present in the Property, whether visible to the Prograrn 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 / 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 vWll classify the observed Deficiencies as either"Minor' or"Severe". 5. The Property Owner assumes full responsiblifty for the worsening of any documented Minor Deficiencies. 6. In the nare event "Severe" Deficiencies are identified during the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Sevem" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete Exhibit D- oise Inm1adon Agrwment Page 24 of28 necessaryi to the Property, to the acceptancef the Program Manager t minimize y delay or stoppages of work. . The undersignedco that all of the releasehold harmless indemnity visions set forth in Paragraph 1 of this Exhibit D apply property damage, injuries, ath , or damages adsingthe Deficienciesand/or all negative impacts t later result after the addition of the Improvements. provisions of this 'Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. 8. The undersigned b that the terms and provisionsthis _ i _ II binding inuret i theundersigned it respective h i I representatives, successors and assigns. PROPE,R=R: -_ ... w { 7,) ,� _ signature Printed Nanne r � pature 6 Printed Name -ES1 PROPERTY OWNER: � �" �"�'`� �"� � "�° �.,�. �^: z�° .m.� � �� ��;��s�� gib• �� �� �� G,r'inted66 I tY e a Printed Name Signature _. _............. Date d a IT P NE Signature ftnature Printed Name Signature rin m Date Printed Name ............._ it D-Propeny Owner Noise Insulation Agree7nent Page 25 of 2 VENTILATION HOLD HARMLESS AGREEMENT Exhibit PropertyTo i t 1. In partial consideration of the compensation to be paid on behalf of the County n r the Program Improvements to be madethe Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this FghffiftE is attached, the undersigned, fbr and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims ins , or institute any proceedings against, the County, or any of its agents, officers, les, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue t the undersigned or their respective heirs, personal representatives, uc s and assigns in connection with any n all Ventilation Deficiencies (the "Deficiencies") against said Countyr any of.its officers, nts, employees, consultants and/or contractors to be legally liable. 2. The Program Improvements include the addition of acoustical windows and doors, removal and infilling of "through-wall" portable air conditioner units and the addition of a replacementductless "mini-split' air conditioning system. Because these modifications will result in a tighter interior environment due to the elimination of all passive inside / outside air leakage that was naturally ccu `n in all openings, the Program ill also include the addition of a energyv ventilation ( ) unit which will provide an adequate exchange of inside / outside air to the condominium a required by building e. 3. Given the tightened interior environment of the treated condominium, the Propertyer agrees to assume full responsibility fbr the proper operation of the new Program ductless AC system and energy v ventilation ( ) unit to avoid the potential for mold and moistureproblems, especially during periods when the condominium is closed and uninhabited. 4. Due to FAA eligibility limitations, the Program will not be providing bathroom exhaust fan treatments. ice bathroom tubs and/or showers are a source of moisture generation in the interior environment of a condominium, the Property Owner agrees to assume full responsibility. for ensuring that all bathrooms have n operable bathroom exhaust fan capable of properly exhaustingbathroom of u to the exterior f the building. It should also be noted that the original KWBTS condominiumse constructed small wall vent that was designedto allow the passive exhaust of _........ _... ._.................. Exhibit E-Prvpeny Owner Noise Insulation Agreement Page 26 o,f bathroom moisture tore In a central building hm I t shaft. Duflng the Program design survey process It was discoveredthe KWBTS buildings lack a solidcentral building shaft.exhaust Due to this mtming condition, these m ll vents (if still present) have the potential to providepathway for unwanted air, smoke and/or gases into the condominium Interior. The Property Owner agrees to assume full responsibUity for the sealingt original wall vents In all bathrooms andfor any and all negative impacts that may result W left f t t '. 5. It is cisady a building violation to duct laundry dryer exhaust to the KWBTS central exhaust shaft. In the event a Property Owner has lncorrecUy ducted their laundry dryer vent to the KWBTS central buikling exhaust shafts, they agree to correctthis incy by properly exhaustingtheir laundry dryer exhaust in an alternative tin that meets current building codeg at their cost before the Initiation the t ion process. Furthermore, the Property Owner agrees to assume any and all liability related to the improper ducting of their laundry dryer exhaust. 6. The Property Owner understands that the Program Improvements will it addresskitchen and bathroom ventilation and/or excessive l.mmt rm r humidity generated the Owner within the interior of the condominium. The Property Owner understands andm full responsibility for maintenance of interior moisture and humidity levels. The r agrees to assumefull responsibility r any occurrence, reoccurrence r worsening of moisture problemsun / r interior humidity levels In the Property. In addition, the r agrees to assumefull responsibility r the maintenance inoperation of the NiPIntl if tlin r completion of the ProgramImprovements. . The undersigned acknowledge that all t the � harmless n indemnity ions set toroth in t time Exhibit E apply injuries, ths, or damages sustainedin connection with or as a result of any and all interior ventilation deficienciesm min r the ltl mm t the Program Improvements Including, but not limited t , Ngh humidity, moid, ll , / r lack of proper exhaust ventilation. The provisionsof this shall survive the termination r expiration of the . r Noise Insulation int. 8. The m hereby agree that the terms and provisions of this Exhibit E it be bindingupon and inure to the benefit of the undersigned in their respectivem personal representatives, successors andassigns. . ..�. ........... WIT� PROP, T:YrNER-. n Signature Signature . . 7 .,......... !� f Pats e ----" 1-- K ............ F . -:j ac y r E ate. Pdnted Name ................ Exhibit E-Piropenly Owner Noisela e e 2 7 of 28 _ ... �...�.� --.... WITN�'SSE;S-. PROPERTY OWNER: SignatureSignature PrintedP r Printed a t Printed .......—......... _..-.. WITNESSES: PROPERTY OWNER: I Signature Vim, --- , inatum Printed Name ®_..- Signature Date Printed Name ; ._ ... ...... -_— --------- ._ .. ....-- Exhibit E-Property!hewer Noise Insulation Agreement Page 28 of 28