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09/18/2019 Agreement/Easement-C307 �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 Return : Heather P. Faubert NIP Assistantj n r Doc#2263760 THC, Inc. Recorded 1,'2 11:28 AM ftp 1 of 4 710 Daculait 1 Deed Doc S Decul , GA 30019Fit o AVIGATION Key t International Airport Noise Insulation Program TH B� p I is me into thismul of 1L , " I I ", her—eWa—fter referredt "the Property Owner,"in favor favorof the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, y politic and corporate, hereinafter referred to as " ." RECITALS: A. The'Property Owner is the fee simpletitleholder to certainI property("the Property') located in Monroe County, Florida, particularly scd follows: Apartment Unit known as No. 7- , CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book589, Page 370, et. al, and the Condominium Plansa in Graphics Book 1, as amended from time to time, of the Public Records of Monroe County, Florida. also identified as street : "2601 S. Roosevelt Blvd., Unit C307" B. The BOCC is the ownerandoperatorof Key West International Airport("t e Airport")and desiresto make propertiesthat, through interior noise exposuretesting, i incompatible as a result of their exposure to aircraftnoise 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 the Property Owner'sp necessary to reduce interior noise levels least 5 d13 andto bringthe average interior noise level below 45 dB in accordance withI Aviation Administration policy. Granting of an Avigation Easement ("Easement') is a BOCCn iti n of participationin the NIP. The Easement ill supersede any implied r prescriptive easements that the y have obtained under applicable laws. D. The funding source for said 1 ill include funding from the United States Government pursuant to the Airportn i Improvement 1982, andill include funding from the BOCC, actingin its capacitythe owner and operator of the Airport. �. _-- _..____... _ ===.a.. _ .. . K in Donal I Avi Bn a nt(unit Tj e 1 f E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The BOCC's Implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the property necessary to achleve a reduction in DNL indoor noise levels of at least 5 dB and bdng the average interior of level below 46 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NI P eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAA") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to gnant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW ®,for and in consideration of the improvements to be made to the Subject Property through the NIP,the receipt and adequacy of which is hereby acknowledged by of parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: 1- The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in Interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated vAththe openation of aircraft over or in the vicinity of the ® This Easement it apply to all such aircraft activity at the Airport, present or Mure, in whatever form or We, during operation at, on, to or frorn the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. 2. This Easernent shall b'a perpetual in nature and shall bind and run with the title to the propertyand shall run to the benefit of the BOCC orits successorin interest as owner and operator of the Airport. 3. The Prop"Owner on behalf of the Prop"Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or,causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or YAII in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport acthAty, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the ......................... ........... Key West Ins temadowl Mwpowt NIP—Avfg&Uon Easement(Unft#C307) Page 2 of 4 Airport or of aircraft landing or taking off at the Airport, 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Ownees heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attomays' 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 vAth the property or the person on the property. 5. Should either party hereto or any of their successors or assigns in interest retain counseI to enforce any of the provisions herein or pmtect Its interest in any matter arising under this Agreement,or to recover damages by reason of any alleged breach of any provision of this Agivement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorney's fees and costs incurred in connection therewith, including appellate action. provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 7. No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one breach of'any provision of this Agreement shall not be deerned to be a waiver of any other breach of the same or any other provision of this Agreement, This Agreement may be amended only by written Instrument executed by the 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 oompetent 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 partles. If such condition, covenant or other provision shall be deemed Invalid due to this scope o'r breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. & In the event the Airport shall be subdivided into more than one parcel, or the Airport or a portI on thereof becomes subject to operation, management or administration by a party I n addition to or in lieu of the BOCC, then and in that event the parties agree that sarn'a shall not terminate or otherWise affect this Agreement so In as a portion of the Airport continues to operate fbr standard airport flight purposes, and that any such successor Ire Interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. 9. The Property Owner agrees that the Property Owner shall bear and be responsible for alI costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. ........... ...... Key West International Airport NIP-AvIgedon Easemwt(Unk#C307) Page 3 af 4 This Easement Agreement is executedof the date first above written. PROPERTY OWNER: PROPERTY 3 �� tl ,nt' k i ,y' ` ,✓.' 9 a Ik Sia it81tE19 ri Printed Nero Data r Date I STATE COUNTY The fomgolng instrumentwas acknoWedgedbefore rne thisday "arty erName(e) SAMUEL Notery public.Now Hompffhw My MM I n beep n f NoU Ub ic Sign ure ........ MONROE COUNTY OR F COUNTY COMMISSIONERS: T - MAY Signature Ignat E ir .,._. Printed Name Pdrded Nei irk F I nature �' , Date Printed Name STATE OF FLORIDA COUNTYN ; ' 'he f ,ore piing Instrument edged before e this day f. g . y Mayoras of the nr a Count Board of County Commissioners, a body polffic and corporate. ' ire Ignat�re o ROE COUNT' ATTORNEY -,Pr,ONED 4Ti4 FORM Key West International Airport NIP—Avigation Esaement(-Unit 06307) — � ,MR—CAD ) Page 4,pt,t--' � fv, r t E Date— n Address: KevWestbvtheSea f Unit No.: C307 _--- Name(s): Hallben- PROPERTY OWNER NOISE INSULATION KEY T lNnRNAnoNAL AiRpm,MONROE 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 nProperty Owner"). I T N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple o 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 ; and WHEREAS, the County desires to obtain and preserve fbr the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering aboutthe Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International iNoise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly 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 r the granting to the County of an avigation easement over, across and through theProperty; and WHEREAS, the County will enter into a construction contract with general contractor (the "Contractor") to provide the installation of the Program Improvements; and WHEREAS, the Program is managed y the consultant team consistingof team manager and assistant manager, architect, mechanical 1 electrical engineer, acoustician and construction manager selected by the County (the "Program ManagerP); 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 providedherein; NOW, THEREFORE, in consideration of the terms, covenantsand conditions set forth herein, and other good and valuable consideration, the receipt and _... _...... ...._....___..... _ �-- -.-- Property Owner Noise Insulationet Page l of 28 b sufficiency of which are herebye led , the Property Owner and the County herebys follows: 1. Grant of Easement. Simultaneouslyi the execution of this Agreement, the PropertyOwner executed liv the County an avigation easement (the "Easement") is s i has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effectand i hereby ratified in all respects. 2. Prooram Policyt to ents. Consistent with the and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a seriesPolicy is outlining construction and eligibility tri ions. The Property Owner understands that prescribed Improvements ill be consistent iPolicy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy n is attached hereto as Exhibit A. . �Payment of. Pro ry _ Improvements. The Countyto pay for the Program Improvements cri in Exhibit C attachedhereto. The Program Improvements ill be approvedby the Property Lvner and County, d by the Manager,Program and performed by the Contractor. 4. Impeding Competitive Bid Process. The Property Owner shall not impede or interfere withContractor's ilit to select betweenapproved manufacturers subcontractors in the preparationi submittals. To insure competitive bid environment, the Property Owner is prohibitedhaving discussion r 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, suit In i life ti from the Program and cancellation this Agreement. 5. Construction Contract. The Countyill award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period fin the Program Manager. 6. - & Post-Construction Res poniillti . The Property Owner shall meet all responsibilities andqui e s pertaining to both pro-construction and post- construction: a. Prior to the start of NIP construction, the PropertyOwner shall meet II Pre-Construction requirements to include: (1) Removing all valuables (such as jewelry, ins, guns, antiques, heirlooms, etc.)from their condominium; ( ) Moving of all furniture and belongings into the "Designated Storage cwithin the condominium, providing the required "clear " (white _ . , I I'll Proper&Ownero' t Agreement a e 2 of28 spacei n sketch) for the Contractor. When doing , the Property Owner will have the ability o utilize the complete loor to ceiling" space. ( ) Removing of all excessive furnituren Ion i s from the condominium that will not fit in the "Designated Storage "; ( ) Removing all window and door t (such as blinds, plantation etc.) n storingt i the "Designated toSpace u; ( ) Removing all electronic anddust-sensitive items from their condominium r wrapping withprotective ly before storing in the "Designated Storage Space "; ( ) Removing all wall hangings (such it , pictures, hanging shelves, etc.) and storingthem in the "Designated Storagec "; ( ) Moving all small items and belongings into either the closets or bathrooms as outlined i si n t t ketch" b. After completion of the NIPconstruction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture andbelongings stored in the "Designated t c " back to their original positions in the condominium: ( ) Moving of any excessive furniturebelongings back into the condominium; ( ) Re-installation of aII wall treatments, door treatments and II hangings backtheir original positions in the condominium. c. In the event the Property Owner fails to perform any and all of the above - onstru ion responsibilities, the Property Owner shall be removedNIP .participation n the Property Owner shall be liable to the County and/or ant �or for y and all resulting damages and all direct andindirect is related thereto. d. In the event the Property Owner falls to perform any and all of the above - tr ion responsibilities, the Property Owner shall be liable to the County for Contractor for any and all resulting damages and all direct and indirect relatedcosts thereto. . Impeding, o ion. Once construction of the Program Improvements beg the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants uduring construction of the Program Improvements impeding ion or altering construction schedulea. In the event the Property Owner or any tenant occupyingthe Property impedes construction or r r 'o t a oft alters the constructionschedule,, ner shaH be liable n r and the COUnty for any damages and allit indirect costs related thereto. 8. Safe.. Worldnt Environment. The Property Owner shall be responslble for providing a safe workingenvironment r the ProgramManager, Contractor, subcontractors, suppUers, and City, County, State and federalul Throughout all phases of designconstruction of the Program Improvements, the Property Owner shall be responsibler. Providing ruin environment is free from potential heAlth risks, blohazard conditions, hazardous chemicals, obstacles, imp r explosives; Refraining ma verbal abuser profanity; (3) Refraining frorn aggressive physical contact; and (4) Insuri l pets are completelysecured and oDntalned. b. In the event the Property Owner falls to meet anythe foregoing conditions, the Program process may, at the nty's dlacretion, be temporarily suspended at any time. In such event, the Program Manager shafl notify the r Owner in wrIting, stating the correctiver m ,! required to be completed or r prior to them, the process.Program W In the eventProgram processis not resumed due to the Property Owner's it r to completecorrective n( and/orcondition(s) Manager,required by the Program the Property Owner shall be liable the County and/or Contractor for any and l damages and all direct and indlrectsty related thereto. the Program process is , the Property Owner shall be liable the Countyr Contractor for any and all ll direct and indirect costs related to r caused by the temporary suspension . 9. Ponstruction DpJav-q. During the construction period, the Contractor may experience unforeseen complications tip Installation Improvements. The t icontract l ide that delays related urrforeseen complicationsr the control of the n r and so that the timer completion mayl u Construction dui may also be revised if there is a delay in awarding of the contract or if the Program Improvements re-bud in the event of lack of biddingcontractors and/or failure of the lowest responsive, responslble bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. Changes10. _° Manager theright to make changes to the n h t nd a Imp m n , at Its _..... _.......... ------ -.. ..... e_ . Pmperty Owner Noise Inmiation sole discretion, at any time during the I such changes do not reduce the r quality of the Improvements in Exhibit Q and such changes are necessitated by the i f hidden conditions t readily detectableuric l property inspection 1. Acqpptance of Work. Upon completion f the Improvement , the Program Manager shall inspect or cause the inspection f the Program Improvements i if they were completedt to the terms of t1 contract. The Program Manager retains solediscretion t rlprogram conformance rf issues as they relate to the Contractor, subcontractors, suppliers tip designs. The Property Owner is t to attend the Substantial I tl Inspection nd provide input to the i r vAth respect to the identified punch-list items, In addition, the r is I t attend the Final Inspection, In the event the Property r elects to not attend the Substantial r I t1 n and Final Inspections, they l rr r their ability t provideinput "to the t I n Manager with respect to the acceptancef the Program Improvements. In the event there is a disagreement between the Property Owner and the w r as to a conformancer issue, the OwnerProperty shall be required to submit the I in writing to Monroe County (representative to i trywithin f the inspection i i rise to the discrepancy. Monroe County shall then make a deterTnination as to the acceptabilityf the issue. remedial action that may need to be taken. unto shall be the final arbiter of any conformance/performance/issues. Failurethe r to submit the written l ithi the time l h ll thereafter foreclose the Property Owners right to filel l tm . Term!nation,, f Agreement. TheProperty r understands that the signing f this t initiates bot the BIDl I f the ProgramImprovements in accordance withthe Program. If the r attempts to terminate this r t or otherwise impedes the progress of the n f the Program I r the award f t construction contract, t r ill liable. to the Countyfor any and II damages and all direct and indirect t tl m Warranties. The County does not represent or warrant 'the level of noisein that the Property Owner will experience within the salt f the Improvements f the Program. Countya. The that its contractIt the Contractor will include standard one 1 r warranties from the Contractorr all materials and workmanship. Such r warranty periodshall commence as of the time f the acceptancef the providedwork as r in Paragraph 9. h. At the end of construction, the Programr will provide the Property r with a Warranty & Final Closeout Package whichill contain copiesf the warrantypolicies, product instructions, l t legal documents. As conditionf receiving the WarrantyFinal Closeout Package, the Owner .._ .®.__. .......e_...._........_ Nopeny Owner Noise InndadonAgreement Page 5 o must first submit a completed NIP Property Owner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Property Owner understands that the warranty policies for, products used -in the construction of the Prograrn Improvements differ among product manufacturers. In the event of claim, the Property Sri solely responsible for pursuing all future product warranty issues directly with each product manufacturer. c. Inn event of a claim, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warrantles or product warranties (such as window cleaning or pmduct maintenance) regardless of whether the Property Owner's Inquiry arises dudng the one- year wan-anty 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 perlod from the general coritractor has expired; (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existin Deficiencies. The Property Owner will be required to _19 sign Exhibit Q (Deficiency Hold Harmless Agreement) is YAII 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 Propertv Owner will be renuired to complete al designated Pre-Work it util zing their own funds and loss as j _ per the required deadl established by the NIP. In the event the Property Owner falls to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner si-mil be liable to the County and/or Contractor lbr any and all resulting damages and all direct and indirect costs reIt ed thereto. I& its of Key West "Hard-Wired" Smoke Alarm Reguirement. In compliance with the City of Key West Fire Marshall and the City of Key West Building Department construction permit Issuance requirements, the Property Owner will be required to install 120-volt "hard-wired" smoke alarms in their condominium in ........ ......................... Pmpeny Owner Noise 1=1adon Agmement Page 6 of 28 accordance ith all applicable codes and regulations by the required deadline as established bthe NIP. The Property Owner -will be responsibleto ensure that the smoke alarms are-not 16s—tFilled in same areas withinthe condominium where1 modification work will occur, to avoidany tni 1 impedance to the NIP construction process. In the event the Property Owner falls to install the designated "hard-wired" smoke alarms by the establishedI ii , the Property Owner shall be removed from NIPparticipation. 17. aq§pi r cess. hmay be temporarily suspended t any time during the design and/or construction phases upon the discovery of -Deficiencies due to their potential impact on the Improvements and product warranties. The Program process will not resume until the Property Owner 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 delay for stoppages of the work. 18. Limitation on AlterationsM tothe_Pjas . + . he Property Owner agrees not to make alterations, or to permitany tenant occupying any portion of the Property to make alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Improvements have been completed. is to this rule must be pre-approvedin writingby the Program Manager. Failure to adhere to this requirement may, at the option of the Program Manager in its sole discretion, result in an immediate suspension of the construction o the Improvements the Property. The Property Owner will be liable to the County for all direct and indirect is associated withunapproved I ti damages related thereto. 19. Pre andMµ„uuuPost-Construction Noise Testing Process. - & post- construction noise testing is a very important s that is designed measure nd determine the actual achieved noise level reduction level at treated properties. If selectedby the Program Manager for pre- & post-construction noise testing, the PropertyOwner agrees to provide access to their property for testing agrees to not to make alterationsto the interior of their property ( it t tin of repairs of Deficiencies) the time of the pre-construction noise test to the post- construction noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatmentsthe time of the Pre-construction noise test to s the o - ion noise test. The Owner u a that h failure tadhere to this i t may resultin corruption of the noise testing , the OwnerProperty understands they may be liable to the Countyr any direct andindirect noise testing t in the event these requirements are not met. 20. Cooperation. As reasonablyrequested, the Property Owner shall cooperate ith the Contractor, the Program Manager and Monroe Countyin the performance oall phases of the Program Improvements including, but not limited , the removal and reinstallation of rugs, wall hangings and furniture s necessary. r bi ltin 7o2 1. Utilities. The Propertyr shall permit the Contractor to use, at no cost to the Contractor or the County, existingutilities such as light, heat, power and water necessary to carry out the Program Improvements. . Design and Bids. At scheduled times and/or upon not less - r ( ) hours advance notice (via ! !1 andlor letter), the OwnerProperty agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, iCounty, State l inspectors n l n s to the Property to collectdevelop all final design and bid documents. These visits could include, t be limited o, property survey, i tri I inspection, pro-noisetin n pre-bid visit. In thev rty Owner falls to provide access to the Property for all required NIPsin and Bids visits, the OwnerProperty shall be removedI ici i . 23. Pre-Construction Access. The Property Owner agrees to provide access to theforty-eight ( ) hours prior to the scheduledt I construction. This short visit will provide the Program Manager with the'ability to ensure that the Property Owner has met all furniture storage responsibilities. Failure could result in the suspensionof the scheduledI n t ion and the Property Owner shall be liable oun and/or Contractor for any and all resulting damages and all direct and indirect I . 24. Pre and Post Construction Access. At scheduled times and/or upon not less than twenty-four ( ) hours v i (via 1 it andlor letter) and r the establishedI r ion schedule ssi n , the Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, State and federal inspectors and consultants c s to the Property to provide II required NIPPre-Construction and Post-Construction Visits. These visits could include, not be limited o final measurement, pre-construction inspections, review Designated Storage Space ri ent , post construction inspections and post- construction noise testing. In the event the Propertyr falls to provider all requiredIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and theProperty Owner shall be liable to the Countyand/or Contractor for any and all resulting damages and all direct and indirect trelated thereto. 26. Construction rio c s, Upon award of NIPconstruction contract, the Contractor will provide the r with their final construction schedule, hich will include the requirednumber of calendar I t I construction in eachthe participatinginiu i schedule, the ManagerProgram will assign each Property Owner with a designatednumber of calendar days in which construction will occur in their condominium. The Owner agrees to relocateit condominium for the entiresin time d. I addition, the Property Owner agrees not to re-enter their property for any reason during their assigned construction period due to safety concernsh teti I to negatively impact the Contractor. In the v the Property Owner falls to provide access for their assigned ion time period, the Property Owner shall be removedfrom NIP ............ . ..... ......... - �.._� -® � . w __._.......____ ------ Propeny Owner Noise tio of 28 participation n the Property Owner shall be liable to t r Contractor for any and all resulting damages and all direct andindirect sty related thereto. 26. Construction rC Extension Due to Hurricanes. i the ll ._ construction period III extend Into the Key West hurricane season, there is potential for construction 1 thecontrol f thent r, in t t f threat approachingm nand/or an actual hunicane event. Due to this possibility, the r understands that delays may occur in additionto their originally I construction time it t a.ny fault or cost to the Contractor and r m Furthermore, the r agrees to relocatdtheir condominlurn for all additional calendar days resultingI t I r stoppageshurTicane threat r event at no cost to the Contractor r Manager.Program In the event the r falls to providethe required additional access to their condominium t hurricane-related t , the OwnerProperty shall be removed from NIPparticipation the r shall be Rable to the County and/or Contractor fbr any and all resulting damages and all direct and indirect t related thereto. 27. Discoverv.,� f Pre-Exist! q Deficiencies DuringConstruction, In the event the Contractor discovers pre-existingfi l nci , t the the N1121 construction procesthat negatively impact the installation of the NIP Improvements, the Property Owner agrees to immediately m, lr and remedlatesuch C I 11-1 an to raduce any negativeimpact on the scheduled const tl rC . The Property Owner understands that, depending on the timing the pre-existing fi lrepair, the NIPconstruction l may need to be extended, at no fault of the Program Manager or Contractor. 28. ImUact of _seen KWBTS Building Cond„tC Construction h l_m TIC t t ref II i itl . —that may arise during the Ili construction may have the potential to increase the rl I I scheduled tin of construction, which is not the felt of the r nor Contractor. The Property Owner needs to planr the t" possibility that the originally-scheduled construction m C tIon date may be delayedfew additional days due to unforeseen buildingconditions that may arisen ll t° the NIP construction. 29. a and Blinds. OwnerProperty understands that, after the_Installation of now NIP acousticwindow the existingi r door treatments, sh ll t be compatible nor able to be -I t ll to sizei the existing I . 30. Existing 1 Ir m During the installation of the new acoustic windows and , the NIP mlI be providingn "standard" replacement interior trim sills. The Property Owner understands that the l I t tdrn 111 not match customand/or specialized crown moldingr custom and r tm. After the completion f the NIPmodifications, the Property Owner will have the abilityto make modifications to the NIPInterior trim t their . _..... .................. _ r .... Propeny Omer Noise InniadonPage 9 of 28 1. Communication Rpguirements. The Property Owner agrees t read and review II NIP emallsfor letters in a timely fashion hich are being provided the I o ensure schedulen r . In the event the Property Owner falls to meet this requirement, it could result in removal from NIPparticipation. 32. Title Examination. The Program Manager has obtainedor will tin, at its sole cost and expense, an "Abstract Title" to ensurethat the Property title is free from lionsand/or title . 33. oho ti i I ri 4 TitlePrior to t o construction the Pr6gram Improvements, the Property Owner shall coopprate withthe County in order to (i) correct any title defects affectingthe Property which are disclosed by t "Abstract of Title" and in the solet i in of the Countyy serve to invalidate the Easement, (ii) secure the writtent of any and all mortgage holders to the Property Owner'sconveyance of the Easementto the if the County determines that it is necessary or desirable to do so (collectively, t "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole i s tin, determines that the Titlei the Property y invalidate the Easement, this Agreement shall be null and void, and the Easement shall be tenninated. Federal34. Assurance. As requiredthe Federal Aviation Administration, the Property Owner agrees to the followingvi ion : a. The Property Owner shall subject the construction work on the projectto such inspection and approval during the ion of the Improvements and after completion of the Program Improvements as may reasonab requestedbe h Managerand/or Monroe County. Afterb. final completion of the Program Improvements, the Property Owner shall assume the responsibilityr maintenance and operationItems Installed, u h or constructed under this Agreement. Neither the Federal Aviation Administration nor the Countybears any responsibilityr maintenance and operationf theseitems. 35. Reduction of Fresh Air Infiltration. r will be requiredto signIf_ (Ventilation Hof I t) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 36. L ._ e of Materialsi t. If the Property Owner desires retainto n the material or equipment removed from the l the Program Improvements, , h r shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owners solerisk expense.and The County assumes no responsibilityr the condition of the material, equipment r surrounding surfaces as a result of the owner-requestedsalvage. The Property Owner and the Contractor shall, prior to the commencement of construction, executeagree upon and cu nt listing those items to be salvaged. In the u_ � _ ..__ ..... Prop"Owner Noise It n Agreement Page1 of such a written agreement, all items shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Contractor. 3 . Property Insurance. During Program construction period, the Contractor will provide builders risk insurance fbr the Property. The Property Owner shall have the option, at the Property Owner'ssole cost andexpense, to maintains homeowner's insurance lic for the duration of the construction of the Program Improvements. perty Owner understands that, following final completion, the Contractor's builder's risk insurance will cease, and it is advisabler the Property Owner to obtaininsurance cover any value to the Property by the Program. . Ti ink...._and Effects of Construction. The Propertyr understands that there is a chance that construction itself may exceedthe Contractors on in I projected ion time period. The Property Owner also understands that the construction mmay involve b ti I inconvenience and could generate significant quantities of dust and debris rendering portionsthe Property uninhabitable fbr extended periods of time. . Labor and Material Release. The Property Owner releases and forever discharges any andall claims, suits and actions against the Program Manager; the County andits officers, toagents, consultants; and contractors suppliers it to issues relating to the conformancef labor, materials and acoustic designs utilized in the Program Improvements. otin in this paragraph shall limit the warranties for matedals and workmanshipi in the contract with.the general contractor. 0. Sale of Prouerty. In the event the Property Owner sells, conveys or otherwise transfers titleto the Property before the completionof all phases of the process,Program the Property Owner hereby agreesto provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance r other transfer', and to transfer all of the PropertyOwner's responsibilities and obligations under this Agreement to the buyer as a conditionthe purchase, conveyance or other transfer of the Property. 1. Waiver. No waiver of, acquiescence i , or consent to any breach o y term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence i , or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof. 42. Release of Easement. In the vent that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written requestthe County, shall pay to the Countythe sum of One Hundred Dollars ( 1 . ) to cover the f the preparation and recordingf the Releaseof Easement document in the public records of Monroe County, !or' r understands that it is the Property Owner's responsibility to insure such payment is made in order to "cl ar" the title to the Property. ............ Owner o' i ti t Page 11 of 28 43. utont _o Execute On BehalfCounty. By Resolution No. 111- 1004, my motioned and passed at a lawfully nun public meeting, the Board o County Commissioners f Monroe County, did, on the 17th day of March 2004, grant full authority r the CountyAdministrator to executethis Agreement on behalf of the County without further action by the n isi . . Attachments. Attachmentsto this Agreement include the following, which incorporated into this Agreement by reference. a. ExhibitPolicy t to t . b. Exhibit : Legal Description of Property c. Exhibit C: Program Improvements. d. ExhibitDeficiency old Harmless Agreement 9. Exhibit : Ventilation Hold Harmless Agreement General45. Conditions. a. Governing Law, Venue,. Interpretation, Costs, and Fees. (1) This Agreement shall be governedn i accordance with the Laws of theState lrida applicable to contracts made and to be performed entirely in the State. ( ) In the event that any cause of action or administrative proceeding is instituted r the enforcement or interpretation this Agreement, the County Property Owner agree that venue will lie in the appropriate court or before the appropriateadministrative body In a County, Florida. ( ) The County and Property Owner agree that, in the event of conflicting interpretations 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 p cee in . ( ) The Countyr agree that in the event any cause of action or administrative proceeding is initiated r defended by any party relative t or interpretation this Agreement, the prevailingshall be entitled to reasonableu costs, investigative, and out-of-pocket expenses, as an awardagainst the non-prevailing party. Mediation proceedings initiated u pursuant to this Agreement shall be in accordance withthe Floridaule of Civil Procedure and usual and customary procedures i the circuit court of Monroe County. b. ,.Bin n . The terms, covenants, conditions, and provisions o this Agreement shall bind and inure h n it of the County a ner and their respective legal representatives, successors, n i . r Noise Insulation Agreema a 1 c. _eyem iltw If any term, covenant, condition or provision of this Agreement ( r the applicationto any circumstancer ) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisionsf this Agreement shall not be affected teach remaining term, v n n , condition and provision of this Agreement shall be valid II be enforceable to the full s extent permitted l unless the enforcement oft remainingcovenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. Aulkority. Each party representsto the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County r action, as may be requiredy law. e. Duration of Ag, a a nt. This Agreement shall commence upon the execution of this t, subsequent to executionthe Property Owner and by the t o II i i r periodreasonably i toe the Program Improvements e (the ffTerm"), except as may be sooner terminated in accordanceit visions of this Agreement. f. Accei'Aance of Grfts ants.Gr _ .Assistance Funds, or Beguest . The CountynProperty r ag that each shall be, and is, empowered cce r the benefitr all of them, gifts, grants, assistance funds, or bequests to be used r the purposesthis Agreement. g. Claims for Federal or State Aid. The Countyr agree that each shall be, and is, empowered to apply fbr, seek, andobtain federal and statefuns to further the purposethisAgreement; provided that all applications, requests, grant proposals, and funding lici i n the Property Owner shall be approvedthe County prior to submission. h. Adjudication of M,w is w k or Disagreements. The County OwnerProperty agree that all disputes and disagreementsII be attempted to be resolved by meet and confer sessions between representatives of eachthe parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to.seek such relief or remedy as may be provided by this Agreementr by Floridalaw. i. No nd iscdml nation.. The County and Property Owner agree that there will be no discriminationagainst any person, andit is expressly understood that upon a determination y a court of competent jurisdiction that' h t. discrimination occurred, this Agreement automatically terminates w'to further action on the part of any party, effectiveto of the court order. The County and Property Owner agree to complywith all Federal and Floridatut ll local ordinances, as applicable, f tin to nondiscrimination. These include butnot limited : (1) Title I of the Civil Rights Act of 1 ( .L. ) which prohibits discrimination on the basisof race, color or national origin; ( ) Section 504 of the Rehabilitation Act of 1973, as amended ( U.S.C. s. ), which prohibits discrimination on the basishandicap; ( ) The Age Discriminationf 1975, as amended ( 1 1- 1 ), which _......................._.._ ....... Pwpeny OmerInsulation et Page 13 of 2 prohibits iscri i ti the basis of age; ( ) The iAnd Treatment Act of 1 ( .L. - 5 ), as amended, relatingto nond icri m!nation the basis of drug use; ( ) The ComprehensiveAlcohol Abuse AndAlcoholism ven i n, Treatment h ili do f 1 ( .L. 1- 1 ), as amended, relating nondiscrimination on the basi l oh l abuse or alcoholism, ( ) The Public Health Service 1912, ss. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentialityalcohol and drug abuse patient records; (7) The Americans With i iliti 1 (42 1201 Note), as may be amendedi time, relating to nondiscrimination on the basis of disability; ( ) The FloridaCivil Rights Act of 1992, (Chapter 760, Floridatut ion 509.092, Florida tatu ), as may be amended from time to time, relating to nondiscrimination; ( ) The Monroe County Human Rights Ordinance (Chapter 1314, icl il! Sections 13-1 1 through 1 -1 ), as may be amended from time to time, relating to nondiscrimination; and (1 ) any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the partiest , or the subjectr o , this Agreement. j. Cooperation. In the event any administrativer legal p c in i instituted inst either party relatingthe formation. execution, performance, or breachof this Agreement, the County andr agree to participate, to the requiredextent the other party, in all proceedings, hearings, c eti , and other activities related to the substance this Agreement or provision of the servicesr this t. The Countyr specifically a that no arty to this Agreement shall be requiredenter into any arbitration proceedings related to thist or any Attachmentr Addendum to this Agreement. k. Books,, Records, and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance withgenerally accounting principles consistently appli c this Agreement or their authorized representatives shall have reasonabletimely c of eachr party tot i Agreement for audit purposes duringthe term hAgreement and for four years following the termination oft is Agreement. I. Covenant of NoInterest. The Countyd Property Owner covenant that neither presently has any interest, andhall not acquire anyinterest, which would conflict in any manner or degree withits performance Under this Agreement, and that only interest of eachi to perform and receivefits as recited in this Agreement. m. Code of Ethics. The Countys that the officers employees of the County recognizeill be requiredto comply with the standards of conductI tinpublic is ploy s delineated in Section 112.313, Floridat tutes, regarding, but not limited , solicitation r acceptance of gifts, doing businessith ; unauthorized compensation; misuse of public position, conflicting employment r contractual relationship; and disclosurer use of certain information. PropeHy Omer Noise InMation Agmement Page 14 of 28 SpHpitaflon/12gym The County andr warrant that, in respect to itself, it has neither employed nor retained n r person, other than aoyee working solelyfor it, to solk;It or secure this nt and that it has not paidr agreed to pay any person, company, corporation, individual, r firm, other thabonan n u r it, any t ft mon , percentage, , r other noun contingent upon or resulting from the r making this t. For the breach or viWation of this m i , the Owner agrees that the County ufu have the right to terminate this Agreement without liability un , at its ftcretion, to offset from monies , or otherwise recover, the full r unt of such fee, commission, percentage, gft, or consideration. o. Public Access. not n r u uu perrnft reasonable to, a �.. inspection lu documents, papers, letters, r other materials suubj t to the provisionsChap-ter 119, Flodda Statutes, and made or received the County Owner in nnj n i n with this Agreement, and the County shall the right to unilaterallyl this r not upon violation of this provision the r. Public Records Compliance. r must ,complyith Flodda publicWws, including but not limited t r 119, Florida Statutes ion 24 of article of of the Constitution Florida. The County Property Owner shall allow andpermit reasonable to, andinspection of, all documents,, w papers, letters or other "public materials its possession r under its not a subject to the provisions t r 1,19, Florida totes, and or received the Countyand a Owner in conjunction with this contract n relatedto contractrrr un w The Countyshall have the right to unilaterallycancel this contractviolation this provision by the Owner. Failure of the OwnerProperty to aNdethe terms this provision shall be dieernedmaterial breach of this not the may enforce the terms t' this m ul in the lbrm of a court proceeding and shall, as a prevaffing party, be entitled to reimbursement of all tt and uI t with that proceeding. This providon shall survive any termination r expiration of the contract. The Property r is encouragedto consult with its m lit Florida Public ubllii in order to complywith this i w nn, Pursuant to F.S. 119.07,01 and the terms andconditions of this contract, the is u t t) Keep and maintain public records that would be required by the County to perform the service. Upon receipt from the Countyssty a an of records, of the Countyits to requested r idol the to be inspected or oopWd withinrm time t a cost that does not exceed the cost provided in this chapter or as otherwisem of (3) Ensure that public records thiat are exempt or confidential and exempt fmm public records disclosurerequirements not disclosed except as .®............... _®........ .. _. _. � __ .... e Owner Noise l t Page 15 of 28 authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. ( ) 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 would be requiredby the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the PropertyOwner shall destroy any duplicatepublic records that are exempt r oonfidential and exempt from public records disclosure requirements. If the Owner keeps and maintains public records upon completion of the , the Property Owner shall meet all applicable requirements for retaining public records. All storedrecords electronically must be provided to the County, upon request from the Coun custodian of records, in a format that is compatible withthe information technology systems of the County. (5) A requestto inspect or copy public records relatingto a County contracta directly to theCounty, but if the County does not possess the requesteds, the shall immediately notify. the Propertyr of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied withinreasonable time. If theProperty Owner has questions regarding the application f Chapter 119, Florida Statutes, to the is duty to provide public records relating this contract, contact the Custodian u lic Records, Brianl y at ( ) - 7 . p. Non-Waiver of Immuni o it in the provisions of Sec. 768.28, FloridaStatutes, the participationthe County r in this Agreement and.and .the acquisition of any commercial liability insurance v r , self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability v , nor shall contractany entered into by the County be requiredto contain any provision for waiver. q. vil ,e and I uniti s. Il the rivil s and immunities liability; exemptions from laws, ordinances, andrules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performingtheir respective functions under this Agreement within the territorial limits of the Countyshall apply to the same degree and et to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r. Legal Obligations and Responsibilities, o - eletin Of Constitutional or Statutory Duties. This Agreement is not it to, nor II it be n li ving anyparticipating tity from any obligationr responsibility imposed upon the entitylaw except tote extent of actual and timely rf thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended t , nor shall it be constnied , authorizing the delegation of the constitutional or statutory dutiesof the County, except to the extent permitted by the Florida constitution, Pwp"Owner o' I lt' et Page 16 of 28 state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Floridatut s. . ,a -.,Ilance by Non-Parties. No person or entityII be entitled to rely uponthe terms, or any of them, of thisAgreement to enforce or aftempt to enforce y third-party third-party claim t entitlement to or benefit of any servicer pmgram contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of eachII have the authority o inform, counsel, or otherwise indicate that anyparticular individual or group of individuals, n i r entities, have i t or benefits under this Agreement separate and apart, infedor to, or supedor to the community in general or for the purposes contemplated in this Agreement. . Aftestations. The Propertyr agrees to execute such documents s the Countyy reasonably require in the performanceof the obligations and duties County or Property Owner under this Agreement. u. No _Personal Liability._ covenante r contained herein shall to o,_ v nt or agreement of any member, officer, agent or employee of Monroet in his or her individual capacity, and no member, officer, agent or employee of MonroeCounty II be liable n lly on this Agreement or be subject to anyI liability or accountability by reason of the execution of this Agreement. v. �Execution in Counterparts. This Agreement may be executedi any number of counterparts, each of whichshall be regarded as an original, all of which taken together shall constitute oneand the instrument andany of the parties hereto may execute this Agreement by signing any such counterpart. . Section Headings. Section headings have n inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this n ill not be used in the interpretation of any provision of this Agreement. _.�...............a. ..... ... _____............ _ Pwper&Owner Nobe Insulation Agreement P4ge 17 o IN WITNESS WHEREOF, the Property Ownerand the County have, executed this Agreement as of the day and year first above 1tten. POPE : re Tor Pdntad rn PInted Name bate . s---- .. 4� one . ....... II :5 : POPE : r i(, k �qsf [ {{^ Printed Name 1d,4 !— � € . jj rAinted Nam 4 Dew ammmmmmmmm�� , HMO COMMISSIONERS: l CHAIRMAN:MAYOR Atte9t Sylvia J. Murphy a' a 'a By- De'Puty Clerk re t Date Pro -Owner Noise Insulation Agreement fi t_.� �� : , � e. Pa' 18 of 2s ASSIST 6TTO�4,4EY t. . � r PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. AirConditioning: General Restrictions. WhileIess "mini- splif AC system to your condominiumf the Noise Insulation modifications, ll i limitations and rest ' I III apply to all condominiums, All condensing unitsill be installed I 2. I refflgerant lines I I its will be installed consistent with KWBTS Board policyl aItllng a maximum height I 3. All condensate lines will be installed the buildingconsistent policyBoard I to ensure the highest level of consistencybuilding architecturaltl All interior AC linest, condensate, electrical) and Energy Recovery Ventilator (ERV) ducts will be housed in new vertical wall and comer pilasterswhich II be constructedto matchthe qualityi ll 6 The number and locations f the new vertical wall and comer pilasters willr depending on your unique condominium floor plan and nuf bedrooms. The NIPi it will reviewthis information I t your NIP DesignI . 5. Only eilectrical service panelsthat are determinedthe Program Managert deficient will be replacedof the I Insulation modifications. B. t f , 11 new custom wood surround and�" sill instead the existing to thisrevised I m existing customill ( will not be replaced. This revisionill be an improvement, while decreasingI t improving time efficiencies. RestrictionsC. Custom CrowLftloln A, and Baseboards abatementThe new asbestos requirements will restrict the abilityexisting customtrim and baseboard prior to constructionill not allow sufficient tl I contractor to secure custom replacement trim. 1 1 moldings, ll trim, , the contractor ill, instead, t the existingmm flush to the face of the new pilasterr thru wall ac-infill. At new pilaster locations and, if the thru wall ac infill abuts the existing baseboards, the will install a standard (314" x 5-IM paintedtrim abut the existingt ti the existingprofiles and matedals. After the completionthe NIPconstruction, the property owner will &hibit A- oise InnIatione e e 19 of 28 have the option to replace the installed trim with other custom trim to match the existing matedals and profiles. D. Door Thresh2ld Heights. Due to stringent Florida hurricane impact and water Infiltration building codes, all new aluminum aoousticial prime entry syAnging door's and sIII ng 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 intedor of a condominlurn 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 condominiums 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 gypsurn board joint compound, window glazing, and exterior wI ndow and door caulking. In addition, random exterior stucco samples were collected on both the 'Walkway" and ftcourtyard / balcony" building elevations. Depending on the laboratory analysis of these samples, the presence of asbestos containing matedals (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 and the in filling of openings, - ceiling cuts required for installation of the ductless AC, - wall cuts required for the installation of the ductless AC, - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, - construction of closet soffift for installation of the ERV. F. Asbestos Abatement-Requirements 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 presence of ACM < I% 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 cleaners in the areas where surfaces are chipped, cut and/or sanded, .............--............ .......... Exhibit A-Property Owner Noise Insulation Agreement Page 20 of 28 If samp e§,show L __ The NIP contractor will be required to perforni full asbestos abatement procedures as directed by the Environmental Protection Agency(EPA) to include: Construction of ACM containment barriers in all areas (walls, ceilings, closets, windows1doors), approximately 4 feet fmm all walls and areas impacted by the NIP modifications. Abatement and bagging of ACM (resulting from demolition process) 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 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 tile disturbance of ACM to ensure the minimization of construction costs, duration, and Rability,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 Author[ty of Design Dioclsions. The KWBTS Board will have the Authodty 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-Spliter AC System Interior Soffit Design and Placement . I -Fill Kitchen Prime Door Policy Treatment ............... ..................... Exhibit A-Propeny Owner Noise Insulation Agreement Page 21 of 28 DESCRIPTIONLEGAL Exhibit T ApartmentHomeowner Noise Insulation Agreement Unit known as No. 307-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, t t itundividedin the common elements, accordingto the DeclarationCondominium thereof, recorded in Official Records Book t. al, and the Condominiumi , as amended from time to time, the Public Records of Monroe County, Flodda. ibi - e e ' e Cation a enf a 22 of 28 PROGRAM IMPROVEMENTS Exhibit C TO Homeowner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the Interior environment of a property by a minimum of five (5) decibels. A typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Dooqs) ............................... ......... 1 111,11-1-1--,............................ Exhibit C- oise Insulation Agregment Page 23 of 28 DEFICIENCY HOLD 14ARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1 In partial consideration of the compensation to be paid on behalf of the County and the Program 1br the Program Improvements to be made to the Property described in the Agreement of even date ® (the "Agreement') between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, ter and on behaIf of the undersigned and the heirs, personal representatives, successors, and assI gns of the undersigned, forever releases, . remises, discharges, indamriffies and covenants not to sue, ins tit ute claims against, or Institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concerning any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on accourd of bodily injuries or death, darnage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersI gned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deflcienclesn) against said County or any of b 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 Program Manager or unseen, 3. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be II tsd to, code violations, structural darriage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and perfbrmance 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 constniction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor" or"Severe". 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event thatmSevere" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete ......................--- .........—-------- Exhibit D-Property Oymer Noise Insulation Agreement Page 24 0f 28 necessary repairsthe p , to the acceptanceof the Program Manager t minimize any delay or stoppages of,work 7. The k t all of the release and hold harmlessindemnity provisions set forth in Paragr of this Exhibit Q applyt property damage, injuries, ohs, or damages arisingfrom the Deficiencies and/or all negative that later result after the additionof the ProgramImprovements. The provisions t this Exhibit Q shall survive the termination r expiration of the Property Owner Noise Insulation Agreement. 8. The undersigned hereby agree that the ten'nsprovisions of this Exhibit all be bindinginure to the benefit of the undersignedit respective Teirs, personal representatives, successors and assigns. WI u�, ,. IStUre Pdrded Nwne Rimed Nine Ignet 4 Pri.. Nerve WIC � PROPERTY vY{ OWNER: I � t Priniia Name pryj p y A Printed N j%4�, Pn , IT i PROPERTY OWNER: ign to Sig nat m 3 Pdnted Name Printed Name Signature Printed Name Date hiit D-Property Owner Noise Insulation Agreement 5 o a VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1 In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property ® in the Agreement of even date herewith (the "Agreement7) between the County and Properly Owner and to which this Exh1bN E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assI gns of the undersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of its agents, officer's, 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, successor's and assigns in connection with any and all Ventilation Deficiencies (the "Deficienclesn) against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Program Improvements may include the addition of acoustical windows and doors, removal and infilling of 1hrough-wall" portable air conditioner units and the addition of a replacement ductless NmInl-sp[its it conditioning systern. Because these modifications will result in a tighter interior environment due to the elimination of aI[ passive inside / outside air leakage that was naturally occurring in all openings, the Program will also include the addition of a energy recovery ventilation (ERV) unit which will provide an adequate exchange of inside / outside air to the condominium as required by building code. 3. Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, 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. Since bathroom tubs and/or showers are a source of moisture generation in the interior environment of a condominium, the Property Owner agrees to assume full responsibility for ensuring that all bathrooms have an operable bathroom exhaust fan capable of propedy exhausting bathroom moisture to the exterior of the building. It should also be noted that the odginal KWBTS condominiums were constructed with a small wall vent that was designed to allow the passive exhaust of Exhibit E-Propeny Owner Noise Insulation Agreement Page 26 of 28 bathroomoistu in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack 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 f 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 r exhaust to the KWBTS central exhaust shaft. In the event a Property Owner has incorrectly ducted their laundry dryer vent to the KWBTS central building exhaust shaft, they agree t correct this deficiency by properly exhausting their laundry r exhaust in an alternative td that meets current building code, at their cost before the initiation of the Program construction process. Furthermore, the PropertyOwner agrees to assume any andall liability related to the improper ducting of their laundry dryer exhaust. 6. The Propertyr understands that the Program Improvements will not addresskitchen and bathroomventilation and/or excessive interior humidity levels generated by the Property r within the interior of the condominium. The Property Owner understands and assu Il responsibility for maintenance of interior moisture and humidity levels. The Property Ownera to assume full responsibility for any occurrence, reoccurrence r 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 operation of the NIP venting modifications r completion of the Program Improvements. 7. The undersigned acn e a and agree that all of the release, hold harmless and indemnity rviion set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior ventilation deci ncl rii r the addition of the Program Improvements including, but not limited to, high humidity, old, ile n /or lack of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of Propertythe ner Noise Insulation Agreement. 8. The undersigned that the termsand provisions of this ExhibitIl be bindingupon and inure to the benefit of the undersigned and their respective i , personal representatives, s n assigns. ®. ES P ERTY OWNER: IFY t t L . „ 'a, ' it cx Printed Name , Li Printed Name F;��r-t-y--O' wner.Voise Insulagion Agreement Page 2 7 qf2 RP' R 'Y NE g " y "�� r ' ,. Signature w..n, _ Sigralum _ Printed PrI nteJ Nam Signature �....._ Date Prin Na e I F ...... . . _....... ._ .mm.. ...._.. ......... . ............... ........... ......._......... SignatureWITNESSES: PROPERTY OWNER: Si n Prin ream Printed ®m Printed Ne a _ _... _ ............ __ .... ExhWt Noise l t 2