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09/18/2019 Agreement/Easement-C308 �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 EM2AI31ffX1n1LR@turn Tcr Heather P. Faubert Doc#220762 ffi#3918Pg#2495 NIP Assistant Project Manager RMOrdod 4/21,2020 11°28 AM FW I of4 THC, Inc. Dead Due SbmW$0,0o 710 Dacula Rd., Suite 4A#316 Filed wd Reomded in Official Records of Dacula, GA 30019 MONROE COUNTY KEVIN MAWY.CPA "IGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this 1L-day of Jttnaar-llf 20-j—q-, by"TIMOTHY TYRAN", hereinafter referred to as "the Property Owner,' in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property("the Property") located in Monroe County, Florida, more particularly described as follows: Unit No. 308-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common elements, a=rding to the Declanation of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, of the Public Records of Monroe County, Florida. also identified as street address: "2501 S. Rcxwevelt Blvd., it C308" B. The BOCC is the owner and operatorof tit International Airport("the Airport") and desires to make properties that, through intenor noise exposure testing, are deterrnined incompatible as a result of their exposure to aircraft noise compatible fbr residential purposes through the implementation of a Noise Insulation Program ("NIP"), C. Under the NIP, the Airport Y411 design and install or pay for the installation of improvements and modifications to the Property Ownees Property necessary to reduce interior noise levels at least 5 d13 and to bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. Granting of an Avilgation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Owner Noise Insulation Agreement with the BOCC. The 130CC's implementation of the —-------------- - Key West InbmUoml Airport NIP—Avlgaftn Easement(Unft#C308�——--------------------------------- —,P,—age I—of 4 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 achieve a reduction in DNL indoor noise levels of at leask 5 dB and bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at sorne 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 141P will be administered in accordance with the current FAA Order 5100.38, Airport h,pprovement 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 consideration oft improvements to be made to the Subject Property through the NIP,the receipt and adequacy of which is hereby acknovAedged by both parties, and in consideration and incorporation into this AvI ion 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 with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever fbrm or type, during operation K on, tD or frorn the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included vAthin the purview of this Easement. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. 1. The Property Owner on behalf of the Property 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, empI oyees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorneys 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 noI se levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, Including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Ke�'W­ast I ntem-aflonal A-]rport-NIP-Av-1geUon-'-Ea s am e'nt(Unit#C306) -....................... P ag a'2 of 4. This Easement expresslyl o the Property Owner and to the Property is heirs, ssi successors in interest, claims, demands, debts, liabilities, costs, attomeys' or e , or causes of action for physical damage or personal injury i r part of any aircraft using Easementthe that does identifiable physis I damage to the property or injury to a person on the property by cominginto direct physical contact withr the the property. Should5. it r party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions hereint protect its interest in any matter arising r this e ,or to recover damages by reason of any alleged any vision of this Agreement, the prevailingshall be entitled to all costs, damages and expensesincurred including, t not limited incurred in connection therewith, including II t ion. provision of this Agreement is to be Interpreted for or against anyu that party r that parVs legal representative drafted such provision. This Agreement shall be interpreted and construed accordingto the laws of the State of Florida. breachision of this ament may be waivedunless in wiriting. Waiver o any one breach of any provision of this Agreement shall not be deemedo be a waiver f any other breach of the same or anyother provision of this Agreement. This Agreement may be amended only by writteninstrument executed by the partiesin interest at the time of the modification. In the event that any one or more covenant, condition or provision contained hereinis held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severablethe remainder f this Agreement and shall in no way affect, impair or invalidate th r provision hereof so long as the remaining visions do not materially alter the rights obligations of the parties. I such condition, covenant or other provision shall be deemed invalid o this scope r such covenant, conditionr other provision shall be deemed validto the extent of the scope or breadth permittedlaw. 8. In the eventAirport II be subdivided into more thanI, or the Airport or portion thereof becomes subject io t or administration by a party in addition to or in lieu of the BOCC, then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continuesto operate for standard airporti t any such successor in Interest to the BOCC shall be entitled II oft benefits running to the BOCC hereunder. . The Property Owner agrees that the Property Owner shall bear and be responsibler II costs of maintaining and operatingany sound attenuation materials andequipment installed in the Property by or on behalf of the BOCC. _ _.............__ ....._............. ..®.._. Key West International Airport NIP—Avf at Ion Eas er t(Unit 30 ) Page 3 of 4 This Easement Agreement is executed as of the date first above written. ............ ................... ............................. ........................................................... PROPfjRTY,0Wf4ER: PROPERTY OWNER: ................-----..... Signature Signature 7(4 I Printed hams Printed Name taste p` Date STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day oa ) fu-IlLof da 20 1�9 by Prop"Owner Name(s) Nomy PUNIC SIM of florms d, jeseft L Wallace My Commission I �Aary My Canyddlan 00 253002 Public Signature eom Miami .................................... .................... ........ ............ ......................... MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MA R: Y� Jj k, J Signature Slgry ire me Ll I k" Printed Name gig-nature Printed Name eel STATE OF FLORIDA COUNTY OF MONROE The foregoing Instrument was acknovAedged before me this"' ft-cf,-f I I F by 2Q-- ,---...................... ---—as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. My Commission Expires: Notary Public Signature ................-------- �.,VKAROE 000,41'v ATTORNEY,,, A"j—ppOvED P 7)f0 M ................... ......... Key West Intemational Airport NIP-Avigadon Easement(Unit#C308) P R0 J.MERCADO Paga�i,1;11-4 ASVS'D� k, Date--- Address: ,West by the Sea Unit No.: C308 Name(s): ; vran PROPERTY OWNER NOISE INSULATION AGREEMENT. KEY T INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISEINSULATION (this "Agreement') is made and effective the date last belowwritten by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the " un '), and the undersigned (t pOwner"). I T N E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain realp located in the City of Key West, County of Monroe, State of Florida, and more particularly described on F-ghibit B attached h (t "Property"); and 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 the County desires to obtain and preservefor the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking , or maneuvering about the Airport; and WHEREAS, the Property Owner has electedto participate in the Key West International Airport's Noise Insulation Program (the 'Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as moreparticularly described on Eghlbit Q attached hereto (the "Program Improvements"); said Improvements to be paid for by the County t no cost to the Property Owner and in exchange for the grantingto the County of an avigation easement over, across and through the ; and WHEREAS, the County will enter into a construction contract witha general contractor (the "Contractor") to provide the installation of the Program Improvements, and the Program is managed by the consultant team consistingf tom manager and assistant manager, architect, mechanical 1 electdcal engineer, acoustician n n # ion manager selected by the County(the "Program Manager'); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and receive the Program Improvements upon the terms and conditions providedherein; THEREFORE, in consideration of the terms, covenants and editions set forth herein, and other good and valuable consideration, the receipt and er Noise 1=1adon Affeement Page I sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as fbilows. I® Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easemenf) which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Pr,0aMro_Pollc Statements. Consistent with the Program and/or Federal Aviation Addi;Inistration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhibit A. 3. Payment of Program improvements. The County agrees to pay f6r the Program Improvements described in Exhibit C 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. Imoleding Co.mpetitive Bid Process. The Property Owner shall not impede or inte with the Contractors ability lect between approved product manufacturer's and subcontractors in the preparation of bid submittals. To insure a competitive bid environment, the Property Owner is prohibite 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 l® 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 with Federal titive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time period defined by the Program Manager. . Post-Construction Responsibilities. 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, heirlooms, etc.)from their condominium; (2). Moving of all furniture and belongings into the uDesignated Storage Space Area" within the condominium, providing the required "clear areau (white . ............... Property Owner Noise hmIzdon Agreement Page 2 of 28 space in sketch) for the Contractor. When doing , the Property Owner will have the ability to utilize the I or to ceiling" . ( ) Removing of all excessive furniture belongings condominium that ill not fit i "Designated St "® ( ) Removing all window and door t (such as blinds, plantation r , c.) and storingi "Designated ( ) Removing all electronic anddust-sensitive items from their condominium r wrapping withprotective ofstoring them in the "Designated Storagec "; ( ) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storingh in the "Designated c "; ( ) Moving all small items and belongingsinto either the closets r bathroomss outlined i "Designated St t " Afterb. completion of the NI construction, the Property Owner shall meet II Post-Construction requirements to include: (1) Moving of all furniture and belongings stored in the "Designated Storag6 Space Areas" back to their original positions in the condominium: ( ) Moving of any excessive furniture belongings back into the condominium; ( ) Re-installation of all wall treatments, door treatments n II hangings back to their original positions in the condominium. c. In theevent the Property Owner falls to perform any and all of the bye Pre-Construction responsibilities, the Property Owner shall be removedI participation the Property Owner shall be liable the Countyfor Contractor for y and all resulting damages and all direct and indirect late thereto. d. In the eventr falls to perform any and all of the abovePost-Construction responsibilities, the Property Owner shall be liable the County and/or Contractor for any and all resulting damages and all direct andindirect costsI t thereto. . Impeding, t ion. Once construction of the Program Improvements ins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Owner or any tenant yin the Property impedes construction or ..._.....................— .................. . ....... OwnerProperty e Insulation ..Agreement Page 3 of 28 alters the construction schedule, the Property Owner shall be liable to the Contractor and the t for any damagesand l direct andlndlrect costs related thereto. t. The Property Owner shall be responsible for providing t working for the Program Manager, Contractor, subcontractors, suppliers, t County, Stat l lrispectors, . Throughout ll phases of design and construction of the u Improvements, the PropertyOwner shall be responsibler. t) Providing a workin un t that is free from potential health risks, 1ohazar'd conditions, hazardous chemicals, obstacles, weapons of any kind r explosives; Refraining from rbal abuse or profanity; Refraining from r ul physical contact; and (4) Insuring that all pe,ts are completelyant iI . . In the event the r falls to meet any o,f the foregoing conditions, the Program processmay, at the Countys ftcretion, be temporarily suspended at any time. In such event, the ProgramManager shall notify the Property Owner in wrifing, stating the tii tlon(s) and/ r condition(s)required to be completed r performed by the Property Owner prior to the County resumingthe Program . . In the event the Program process is not resumed due to the Pmperty Owners fallure to complete the corrective actlon(s) and/or ultu requiredthe Program Manager, tProperty Owner s l iabl to the County and/or Contractor for any andall nd alldirect Indirect t thereto. d. It the r u , the PropertyOwner shall be liable to the our r Contractor for any and ll damages and all direct and indirect costsrelated r caused by the temporary suspension t the Program . 9. Construction Delayrmun th tr ul urn , ttm Coat tr may experience t r n complications relatingto the installation of the Program Improvements. The construction contractshall provide that delays relatedto these unforeseen complications are beyondthe control of the Contractor and shall be excused so that the time r completion may reasonably un Construction schedules may alsoi it there is l in awarding of the contract or If the Program Improvements t in the event of lack of bidding contractorsand/or failure of the lowest responsive, respoun ibl i r to execiute the contract, t and un and or show proof of required it un . 10. Chanqes tWads._ The Manager urn t t to make changest the plans rand specifications aun the Program Improvements, at Its Property Owner Noise Inm1adon Agreementof 2 sole discretion, at any time ri the , provided such h t reduce the scope or quality of the Improvements ri in Exhibit..Q and _._ changessuch I a t the discoveryf hidden conditions t readily detectable l property inspection procedures. 11. Acceptance of Work. Upon completionf the ProgramImprovements, the r sill inspect the inspection of the Program Improvements to determineif they were completedpursuant to terms oft contract. h r retains soI discretion th t conformance n r r nce issues as they relateto the Contractor, subcontractors, suppliers tip designs, The Propertyr is requestedto attendthe Substantial I tl Inspection I input to the Construction r with respect to the identified -list items. In addition, the Property is welcomet attend the Final Inspection. In the event the Property Owner elects t of attend the Substantial pl tI ins l Inspections, they I r their ability t provide input to the Const l r with respect to the acceptance f the Program Improvements. In the Wit there is a disagreement between the Property Owner and the Programr as to a conforrnancer performance issue, the OwnerProperty shall ll l to submit the discrepancyin writingto Monroe County (represemadve t the NIP constructionwithin of the inspection Iln rise to the discrepancy. Monroe Countyall they make a deten,nination as to the acceptabilityf the conformance/performance issue remedial action that may need to be taken. MonroeCounty shall be the I arbiter of any conformaiice/performancelissues. Failurethe Propertyr to submit the written complaint within the time rlod specified above shall thereafter foreclose the rightProperty Owners to fileh complaint. t . Termination gf Ar, reernent, The Propertyr understands that the signing f this nt initiates bot the BIDn l I f the r Improvements be performedin accordance withthe . Therefore, l the w r aftempts to terminate this t or otherwise impedes the progress of the f the Program Improvements r the award f the w t log contract, the w n °II be liableto the Countyfor any and all damages and all direct and indirect t thereby. 13. Warranties, The County does not mpresent or warrant the level of noise reduction that the Property Owner will experience withinthe It of the Program Improvements art of the ° . The County agrees that its t t vAth the Contractor will include standard one t r warranties from the Contractor for all materials and workmanship. one-yearSuch warranty period shall commence as of the time f the acceptancef the work as provided r in Paragraph 9. ® At the n f construction, the Program Manager YAII provide the Propertyr with a WarrantyFinal Closeout Package whichwill t In copies of the warrantyrli , producti t t legal documents. As condition of receiving the Final Closeout Package, the Property Owner _.... _.. _... ..... . tse 1 latio nt Page 5 of 28 must first submit Ieted NIP PropertyOwner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Property Owner understands that the warranty policiesfor products used in the construction of the Program Improvements di er among product manufacturers. In the eventl i , the Property Owner is solely responsible for pursuing all future product warranty issues directly it 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 t coordinate any requiredis look solely to the I contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issu (s): (1) The Property Owner's inquiry is not directly relatedeither construction warranties or product warranties (such as windowcleaning or product maintenance) I of whether the Property Owner'sinquiry ris s duiring tone- year warranty pedodfrom the Contractor or thereafter; ( ) The Property Owner believes thatservice i required it to construction warranty issues, the one-year warranty period from the general contractor has expired; ( ) The Property Owner believes t service is requiredit respect to product warranty issues, the advertised y period lbr the product has not expired, is currently conducting its business-, and ( ) The Propertyr believes that service is requiredit respect to product warrantyissues, n the advertiseda d for the product s expired. 1Pre-ExistingDeficiencies. The Property Owner will be required sin Exhibit (Deficiency Hof I t) which will impute II responsibility liability to the Property Owner for any and all present Pre-Existin Deficiencies t the Property, whether seen or unseen. 1 Pre-Work Requirements. The Property Owner will be required t ! to any and all Pre-Work, as requiredI o successfully accommodate the NIPacoustic modifications. ThYYPro ertv _Owner will be reauiredl _„�II designated Pre-Work items utilizing their own funds and per the_Rg_qlred deg.Il s established I, . I t event the a Owner it t I the designated - i, the established NIP deadline, the Property Owner shall removedbe I participation h r shall be liable the County and/or Contractor for any and all resulting damages and all direct and indirect related thereto. 16. City of Key West mHard-Wired" Smoke Alarm_ eul nt. In compliance i the Cityof Key West FireMarshall and the City of KeyBuilding Department construction permit issuance requirements, the Property Owner will be requiredinstall. 1 -volt "hard-wired" I s in their condominium i Propeny Oymer Noiseinsulation Agreement .. _�. _.. oft accordanceit II applicable codes and regul tios by the requireddeadline established NIP. The ,Property_ Owner will be rpspon wi l u to ensure smoke I not installed in same areas within the condominium where NIP modification work will occurs to avoid any o#ential impedance to the NIP construction orocess. In the eventthe Property Owner fits to install the designated - i " iii�66_alarms by the established I li , the Property Owner shall be removed from NIP participation. 17. , ugpenn _ process may be temporarily suspended y time during the i for construction phases upon the discovery Deficiencies it potential impact on the Program Improvements and produ i . The Program process will not resume until the Property r has corrected all related problems to the satisfaction of the Program Manager. In the eventi not completed in a timely nr, the Property Owner will be liable to the County for any and all damages and all direct and indirect costs due to delayfor stoppages of the . 1 . Limitation on Alterationsv„ .._ e . The PropertyOwner agrees not to make alterations, or to permittenant occupying anyportion of the Property to make alter-ationsto the existingi for walls from the time the Design process until the construction of the Prognam Improvements v completed. c in this rule must b pre-approved in writingthe Program Manager. 'Failure to adhere to this requirementt the option Manager In its sole discretion, result in an immediate suspension of the construction of the Program Improvements n the Property. The Property Owner will be liable to the County for all direct and indirect i ted with unapproved I tins and damages related thereto. 19. Pre and Post-Construction Noise Testing . post- construction noise testing is a very important Program process that is designed measure and determine the actual achieved noise level ion level at treated properties. If selected y the r for - & post-obnstruction noise testing, the Property Owner agrees to providec to their property for testing agrees to not to make alterationsinterior of their property (with the exception repairs of Deficiencies) time_ o _the pre-construction noise test the post- constructionon noise test. In an effort to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, o r coverings and window treatments from the time Pre-construction noise t to the post- construction ion noise t. The Property Owner understands that the failureto adhere to this requirement may result in corruption of the noise testing , the Property r Understands they may be liable ou r any direct andindirect noise testing costs in the eventthese i not met. 20. Cooperation. As reasonably requested, the Owner shall cooperate with the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, t not limited , the removal and reinstallationrugs, wall hangings and furniturenecessary. .................. ...______............ ___ r Noise Inmladon Areement Page 7 of 28 1. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. 22. Desion andi a s Access. At scheduled times and/or upon not l twenty-four ( ) hours advance o is (Wa NIPit andlar ! r), the OwnerProperty agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors andn l t s to the collectProperty to ndevelop all final design and biddocuments. These visits could include, but not be limited i survey, hazardous material inspection, pro-noise testing n pre-bid visit. In the event the Property Owner falls provide cc the Property for all required NIPsin and Bids visits, the Property Owner shall be removedI ici i . 23. Pre-Construction r agrees to provide access to the Property forty-eight O hours rir to the scheduled I construction. This short visit will provide the Program Manager with the abilityensure that the Property Owner has met all furniture sosiilitiFailure could result in the suspension of the scheduled I construction and the Property Owner shall be liable to the Countyand/or r for any and all resulting damages and all direct and indirect t related thereto. . Pre and Post Construction Access. At scheduled times and/or on not less n -four ( ) hours v notice (via NIPit andlor letter) and per the establishedI ru ion schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, tt I inspectors andconsultants to the Property to provide all required NIPPre-Construction and Post-Construction visits. These visits could include, but not be limited final measurement, pre-construction inspections, review o Designated c requirements, o ion inspections and post- construction noise testing. In the event the Property Owner falls to provide for all requiredi i Construction visits, the Property Owner shall be removed from NIP participationthe Property Owner shall be liable u and/or Contractor for any andall resulting damages and all direct andindirect s related thereto. 25. Construction Period Access. Upon award of NIPion contract, the Contractor will provide the Program Manager with their final construction schedule, hich will include i number of calendar days to complete the NIP construction in each of the participatinginiu n this schedule, the Program Manager will assign each Property Owner with a designatednumber of calendar in which construction will occur in their condominium. The Property Owner agrees to relocateit condominium for the entirei 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 concerns and the potential to negatively impact the Contractor. In the event the Property Owner falls to provideaccess for their assigned tr ion time period, the Property Owner shall be removedfrom NIP _ ..._ .._ ....m _._-_.� ...._...._. _v. ProPery Owner Noise Insulation t Page 8 of 28 participation the w r shall be liable to the wit r Contractor for any and all resulting ll direct and indirect 1thereto. Ion Period ExtensionHurricanes. Since the l l constructionill extend into t hurricane season, there is potential fbr construction l r stoppages, beyond the control of the Contractor, in the t of a threat of an approachinghurricane r an actual hurricane event. Due to this possibility, the Property Owner understands that delays may occur in additionto their originally assigned construction time period, without any fault or cost to the Contractor Manager.and Program Furthermore, the Property Owner agrees to relocatefrom their condominium for all additional calendar days resultingconstruction r stoppages due to a hunicane threat or event at no cost to the County, Contractor r Program Manager. In the event the Property Ownerfll to providethe required additional access to their condominium due to hurricane-related work st , the Property Owner shall be removed from NIPaII tip the Property Owner shall be Hableto the Countyr Contractor for m, and all resulting damages and all direct and indirect costs related thereto. 27. Discovery l ti , Q l.nenciesr DuringConstruction. In the event the Contractor discovers pre-existingdeficiencies t the Property duringthe NIP construction that negativelyimpact the installation f the I improvements, the r agrees to immediately repaIr and remediateh deficiencies In wt t negativeI n thescheduled construction period. The Owner understands that, depending on the timing f the pre-existing deficl ir, the l tru tion pedod may need to be extended, at no fault of the Pmgram Manager or Contractor. 28. 1 .) f Unforeseen KWBTS-_ Building_Conditions on Construction Schedule. The Pmpertyr understands that Unforeseen it i conditions that may arise during the I t In may have the potential to increase the original scheduled duration of construction, which is not the fault of the r nor Contractor. The Property Owner needs to planfor the t- e " possibility that the odginally-schaduled constructioncompletion t be delayedadditional days due to unfbreseenbuilding n iti that may arisecomplicate the NIP construction. 29 Existing, Ira r Treatments Shades and Blinds. The OwnerProperty understands that, after the installation of new NIPacoustic I n the existingr r door treatments, blinds t be compatible r able to be re-Installed due to sizeI the existing in 30. I i g. Molding. t installation f the acousticI , th�l l ill be providingnew "standard" replacement interior trim and sills. r understands that the NIP replacement trim will not match custom and/or specialized crown moldingire and r trim. After the l ti n of the NIPi i tl n , the Property Owner will have the ability to make modificationsto the I interior trim t their own expense. . .......................... ..... _.. Pmper&Owner Noise r lad Page 9f2 1. o u !cation Requirements. The Property Owner agrees t read and review II NIP emalls for letters in a timely siowhich are being provided y the I to ensureschedule f c . In the event the Property Owner falls t this requirement, it could It in removal from NIPparticipation. 32. Title ,nExamination.. The Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from lienand/or title defects. 33. Cooperation in Clearingil rir to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affectingthe Property which are disclosed y "Abstract Title" and in the I i ti of the County may serve t invalidate the Easement, and (ii) secure the written consent of any and all mortgage hold is conveyance t to the County if the Countyi 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 discretion, determines that the Title Matters affecting may invalidate the Easement, this Agreement shall be null and void, n the Easement shall be terminated. Federal34. Assurance. As required by the Federal Aviation Administration, the Propertyr agrees to the followingprovisions: a. The Property Owner shall subject the construction work on the projectsuch inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Managerand/or Monroe County. Afterb. final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the Countyy responsibility for maintenance and operation these items. 35. Reduction of Fresh Air Infiltration. The Property Owner will be requiredsin Exhibit _E (Ventilation Hof I t) which imputes all responsibility o the Property Owher for the proper maintenance of interior moisture an humidity levels. 36. Salvage of MaterialsE u t. I e rdesires to retainthe material or equipment removedthe Property as a result Program Improvements, the Property Owner shall arrange for the salvage said materials ui n directly ith the Contractor at the Property Ownees sole risk and expense. The Countyresponsibility r the condition of the material, equipment r surrounding surfaces as a result of the owner-requested Iv . The Property r and the Contractor shall, prior to the commencement of construction, executeagree upon and cu t listing those items to be salvaged. In the absence NoisePropeny Owner Imulation Agreement Page 10of 28 f such a written agreement, all items shall become the property of the Contractor. Materials anequipment not listed for salvage by the Property Owner shallb the property of the Contractor. 37. Properly Insurance. During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have h in, at the Property Owner'ssole cost and expense, to maintain homeownees insurance lic r the durationthe construction of the Program Improvements. h er understands that, following final completion, the Contractors builder's risk insurance ill cease, and it is advisable for the Property Owner to obtaininsurance to cover any value to the Property by the Program. . Timin-g__,gnuuua nr ion. The Property Owner understandsthat there is a chance that construction itself may exceed the Contractor's original projected n ion time period. The Property Owner also understands that the construction may involve substanti I inconvenience and coul t significant quantities of dust and debrisrendering ions of the p uninhabitable for extended periods time. . Labor and Material Release. The Property Owner releases forever discharges any and all claims, suits and actions against the Program Manager; the County its officers, employees, agents, consultants; and contractors n suppliers with to issues relating to the conformancelabor, materials and acoustic designs utilized in the Program Improvements. i in this paragraph shall limit the warrantlesfor materials and workmanshipcontained in the contractwith the general contractor. 40. Sale o In the event the Property Owner sells, conveys or otherwise transfers it to the Property before the completion of all phases of the process,Program the Property Owner hereby agrees to providebuyer with of this Agreement r to theclosing the sale, v c r other transfer, and t transfer all of the Property Owneess on i ili i li ti r this Agreement to the buyer as a condition sconveyance or other transfer of the 1. r Waiver. No waiver of, acquiescencei , or consent to any breach of any terrn, covenantr condition II be construed , or constitute, waiver of, acquiescence i , or consent to any other, further or succeeding breachof the same or any other term, covenantr condition hereof. Release42. ,Easement. In the event that this Agreement i cancelled r the u r ins that the Easement should be released , the Property Owner, upon written request by the County, shall pay to the County the Hundredsum of One ll ( 1 ) to cover the costs of the tin and recordingof the Release of Easement document in the public County, Florida. Property Owner understands that it is the PropertyOwner's responsibilityto insure is made in order to °cieae, the title to the Property. ------------ __..� Owner Noise Insulation Agreement Pagell oft 43. &uthority to Execute On Behalf OfurIl y Resolution No. 111- , duly motioned ands t a lawfully public a tin , the Board of County Commissioners i , on the 1 th day of March 2004, grant full authority for the County Administrator to executethis Agreement on behalf of the County without further action by the Board of Countyi i . . Attachments._ Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. ExhibitPolicy Statements. b. Exhibit B: Legal Description c. Exhibit Improvements. d. Exhibit D: Dfi i s Hold I s a. Exhibit Ventilation old Harmless Agreement 45. General Conditions. a. Governing Law,V n , Intert (1) This Agreement shall be govemedconstrued i accordance with the Laws of the State of Flodda applicableto contracts made and performed entirely in the State. ( ) In the event that any cause f action or administrative proceedingis instituted r the enforcement or interpretation this t, the County and Property Owner agree that venue ill lie in the appropriate court or before the appropdateadministrative body in MonroeCounty, Florida. (3) The Countyn ner agree that, in the event of conflicting interpretations of the s or a term of this Agreement by or between any them, the issue shall be submittedto mediation prior to the institution of any other administrative or legal proceeding. ( ) The County and Property Owner agree that in the event any cause of action or administrative proceedingis initiated r defended by any party relative e t or interpretation of this Agreement, the prevailingshall be entitled to reasonableu s , investigative, and out-of-pocket expenses, as an award against the non-prevailing rty. Mediation proceedings initiated and condu to this Agreement shall be in accordanceit the Flodda RulesCivil Procedure and usual and customaryc i the circuit nt . . Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure o the benefit of the CountyProperty Owner and their respective legal representatives, successors, and assigns. Propertyner Noise Insulation Agreement Page 12 of 28 a SeverabUlty. If any term, covenant, condition or provision of this Agreement r the applicationthereof to any circumstancershall be declared invaUd or unenforceable to any extent by a court of competentju ul Hon, the remaining coveriants, conditionsprovisions f this Agreement shall not be affected thereby, and each remaining term, t, condition and provisionthis r t shall be validshall be enforceablethe fullest extent permitted by law unlessthe enforcement of the remaining , covenants, conditions and provisionsf this Agreement would prevent the accomplishment of the original intent of this r ment.� d. AWLLorlty. Each party representsn t the other that the execution, delivery and perforTnance of this Agreement have been dWytm ulul necessary County and Property Owner action, as may be required by law. a Duration of Acirebment. This nt shall commence upon the execution of this r nm14 subsequent t tl n by the Propertyr and by the County shall remain in for a periodl required to effectthe Program Improvements (the "), except o may be sooner terminated in accordance with the l u f this Agreement. f. Acceptance of L . t . un �o r t mThe County Property r agree that each shak'� � , empow—ered to accept for the fit of any or all of them, gifts, grants, assistance funds,, r bequests to be use for the u f this r ut. g. Claims for Federal or State Aid,. The County andr agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the f this Agreement; provided that all applications,, requests, nt proposals, and funding Ill t tm the r shall be approved by the County prior to submission. . Aftudicabon of D!Wutes gr ,QiLsqgreements. The County and Property Owner r that all disputes and disagreementsshall be tt rapt to be reWved by meet and confer sessions between representatives of each of the parties. If the Issue or Issues rstill not resolved to the tuff i f the u , then any party shall have the right to seek such relief or remedy as may be provided by this Agreement r by i ri . i. Nondiscrtmination. The Countyr agree that there vAl be no ftcrimination against any person, and it is my understood t that upon a detenninabon by a court of competent judsdieflon that discrimination occurred, this nt automatically terminates with t any further action on the r f any party, effectivethe dat f the court order. The Countypert r agree to complywith all Federal and Floridatut n 111 local ordinances, applicable, relating to nondiscrimination. These include not firnited t : t Title basisV1 of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the f race, color or national ri i ; Section 504 of the Rehabilitation Act of 1973, as um U.S.C. s. , which prohibftsi ri i to n on the basisf u W (3) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss. 6101-6107), which .....m........................_............... ® Nome Inuladon Agmement Page 1 prohibits discrimination on the basisThe ice And Treatment Act of 1972 (P. . relating to nondiscriminationn the basisof drug abuse; (5) The Comprehensive l l Abuse And AlcoholismPrevention, , Treatment and Rehabilitation Act of 1 .LW - , as amended, reiating nond mi nation onthe basisalcohol abuse or it ; The PublicHealth Service Act of 19 , ss. - mended, relating to confidentiaiftyn rug abuse patlentlecords; The Americans With Disabilities Act of 1990 (42 U.S.C. s. 1201 a as may m m from time m time, relating to nondi u m ulnm ti n the basisi ill ; The Florida Civil Rights Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), may be amended from time to time, relating to nondiscrimination; The RightsCounty Human rm (Chapter 1314, Article ilk Sections 13-101 through -t may m from time to time, relating to m m i m l ti rm; t any t r non0scrimination provisionsin anyfederal or state statutesr local ordinances hutch may to the partiest , or the subjectmatter of, this Agreement. j. Cooperation. In the event any administrativer legal proceeding i instituted agaiin t either party relating to the to n, execution, performance, or breach of this Agreement, *Countyr rt r agree to ici , to the extent required by the t r party, in all proceedings, headngs, processes, meetings, and other it tat to the n this met or provision of the services under this rat. The CountyOwner specifically agree that no party to this t shail be requiredto enter into any r 'it ton proceedings relatedto this Agreement or any Attachment or Addendum-to this arm t. k. agglS% Records, and Documents. The County and Property Owner shail maintain books, records, aii documentsdirectly rtti met to performanceunder this Agreement in accordancewith generally acceptedaccounting principles consistentlyul uh party to this t or their authorized representatives shail have reasonableand ftely access to such reoDrds of each otherto this Agreement t for audit purposes duringthe term of the Agreement and for four years ibliowing thie termination of this r met. 1. Covenant of NoInterest. The u n and r covenant that neither presentiy has any interest, mrm uh ul t acquire any interest, t, which would conflict in any manner r diegree With its perforrnance under this Agreement, and that only interest of each is to perform and receivenrecited in this Agreement. rn. Code of Ethics. The Countyagrees that the officers ploys t umty re—coi—nize andwill be r.equired to complywith the standardsof conduct relating to public officers and employees as delineated in Section 112.313, Florida tut , regarding, t not limited to, sollcitation or acceptance of gifts; doing business it one's agency; unauthorized compensation; misuse of publicposition, , conflicting mom u m met or contractual i to uhi ; and disciosurer use of certain information. OwnerProperty Noise Insulation e 14 of 28 W No Solicttationt The County andOwner warrant that, oyed nor than solely t m mom n or person, other tm t, H mt or secure this Agreement and that it has not paid or agreed to pay any person, company, corporabon, individiuM, or firm, other than a bona fideu m m it, any t , commission, percentage, gift, or other consideration contingent upon our resulting from the r making of this Agreement. For the breach or violationof this i ion, the Property Owner agrees that the Countyshall have the right to terminate this r mt without liability un t its discretion, to oftet from moMes owed, or otherwise recover, the full punt of such fee, commission, percentage, gift, or consideration. o. Public Access, The Countyr r shall allowand permit sour m to, and inspection of, all documents, papers, letters, or ogler materials subj to the provisions of Chapter119, m rri t tut , and made or receivedthe unProperty r in conjunction Wth this Agreement; and the County lm have the right to unHaterWly cancel this min t upon violationof this provision the PropertyOwner. Public Records Compliance. Property must comply Wth Floridapublic records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 f article m °t the Constitution of Florida. The aunt Property Owner shall allow and permit reasonable access to, and inspection ml documents, recordg, papers, [offers or other "public record" materials in its u or under its control subject to the provisionsof Chapter 119, Florida Statutes, and made or received the Countyin jug ion with this Contract and related to contractperformance. The Countyl have the right to unilatemllycancel this tupon violation of this provision by the Property Owner. Failure of the OwnerProperty to abidethe terms of this mmshall be deemed a matedal breach of this t the urnenforce the terms of this provision in the form of a court proceeding and mm, as a prevailing , be entitledto reimbursement of all tt rrn fees and costsassociated ith that proceeding. This u a rn shall survivetermination orr expiration of the t t. The p r is n to consult with its u t Florida PuMcRecords Law in order to complywith this rr i a . Pursuant to F.S. 119.0701 and the terms and conditionsof this contract, the Property Owner is mrr t (1) Keep and maintain public records that would be requiredthe County to perfbrm the service. receipt from the custodian t records, provide the Countyith a copy of the requestedor allow the records to be inspected or copiedit in a reasonabletime t a cost that does not exceed the cost provided in this chapter or as otherwiseo law. Ensurethat public that are exempt or confidential and exempt from public records disclosurerequirements are not disclosed except as __.. .....- ............. _._. .. ...... ................... _._ Property Owwr Noise 1' ! tion Agreement Page 15 of 28 authorized by law fort duration of the contract term and following completion of 'the contract if the Property Owner does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by 'the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible Wth the information technology systems of the County, (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Property Owner of the request, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Property Owner has questions regarding the application of Chapter 119, Florida Statutes, to the Property Ownees duty to provide public records relating to this contract, contact the Custodian of Public Records, Bdan Bradley at (305) 292-3470. p. Non-Waiver of immunity. ithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local govemment liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q. P�Hvllegg§&nd Immunities. All of the privileges and immunities from liability; exemptions fmm laws, ordinances, and rules, 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 performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of.the County. r. Leqal Obligations and Responsibilities., Non-Delwation of Comstit utional or Statuto Duties. This Agreement is not intended to, nor, shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility, Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, ........... .............. Propeny 01wwr Noise adon Agrement Page 16 oft state statutes, case law, and, specifically, the pmvisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property-Owner or any agent, officer, oremployee of each .shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Aftestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. v. Execution in' Counterparts. This Agreement may be executed in any number of counterparts, eac of is shall be' regarded as an original, all of is taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any 'such counterpart. w. Section Hokinks. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. ................. Property Owner Noise Insulation Agmement Page 17 of 28 IN WITNESS , the PmpertyOwner and the County have executed this Agreement as of ther first v ri . WITNESSES: : si nature um Sig nature ° Pr9n d • f� ., n Feinted Name f t Ign ., Da to€ krited Name — ...-- .. ......W ......... WITNESSES: P : Signature , SIgnature a 0-m—nted Name Prin w am „ .... i Signature Date Printed Name C4. -A ! _ -for,-NTY BOARD OF COUNTY COMMISSIONERS: W � , h, j Xi MAYOR/CHAIRMAN: tte p ti� Sylvia J. Murphy it CLERK r � i Deputy m,• CI n t i U fo" t Property Owner Noise Insulation Agreement ,' Page 18 ofPE 017 ME I , ,, s PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. i i it "mink lit"' t rcondominium..,., Noisetl on Program modifications, the folloeringlimitations and restfleti ill apply to all t" All condensing unitsill be installed 1 2. 11 refrigerant lines r 1 i l ill be installed consistent it li 1 , maintaining a maximumheight of 48 inches. ® All condensatelines ill be installed it i consistent with policyBoard rules to ensure the highest level of consistencybuilding architectural aesthetics. 4. All interior lines t, condensate, electrical) and Energy Recovery Ventilator ill be housed in new vertical wall and comer pilasters which will be constructed to match the qualityexisting l locations of the new vertical wall and comer pilasters will differ depending on your unique condominium floor plan and number of bedrooms, The NIPi it ill reviewthis r ion with you at your NIP Designi i . 5. Only electrical service panelsthat are determinedManager to deficienti t be replacedthe Program as a part of the NoiseInsulation modifications. B. Window Sill ReRlacement. Due to the presence of asbestos, the NIPill provide customnew ill instead of the existing to this i , existing customillgranite, ill not be replaced. This revisionill be an improvement, while decreasingconstriction t improving time 1 i . C. --Customi The new asbestos abatement it t ll restrictili to remove existing customtrim to constructiont , which will not allowii time r the awarded general contractor to secure custommatched replacement trim. Therefore, existing crown moldings, wall trim, and base, the contractor ill, instead, cut the existingtrim the face of the new pilasterr thru wall -1 fill® At new pilaster locations and, If the thru wall ac infill abutsexisting the contractor will install ® " paintedtdrn to abut the existingtrim, t r than attemptingto match the existingtr1m profiles and materials. r the completion1 i , the property owner will .................................................®_ ........ ....®. i it - e e Iadon Agmement Page 1 have the option installed trim t tl r custom trim the existing matertals and profiles. D. Door Threshold isiqhts. Due to stiringent Florida hurricane impact and water infiltration buIli ll now aluminumacoustical prime entryswinging slidinglpatio will have thresholds that are considerablyf the floor) existing thresholds. These higher door thresholds are designedt provide optimum l the interior l l water infiltration durl r ' E. KWBTS Asbestos Testigg As required by statel requirements, THC conductedt tln l participating KWBTS col l in it 1 November 2017 to April 2018 time rtod. This testing included collecting to 9 samples condominium n include rd joint compound, window glazing, exterior window and door caulking. In ,,,.. r t l collected on t t l "courtyardbalcony" building l tl rr . Dependingr the laboratory l l of these mpl , the presence of asbestos containing materials the potential to impact several areas oft l construction to Include: window removal and acousticm installation, r removal and acousticdoor installation, - removal of portable ' - ll' units t l flllln openings, selling t 1 for installation oft l , wall cuts required fbr the installation of the 1 , construction f vertical wall pilasters requiredfor installation of the l systemAC , construction f closet soffit for installation of the ERV. AsbestosF. Requirements I thet any_ samplesf asbestos containingmaterial , the awarded NIP contractor will be required the lbilowingabatement requirementst I n: LfAamples shown f The NIPo t r will be requiredto comply withr safety requirementst include rl r respirators, poly curtainsin all areas where the surfaces are disturbed and the use of HEPA vacuum cleanersin the areaschipped, cut and/or Exhibit A-Propeny OwnerNoise Insulation Agreement Page 20 of Z If sam jes shovK aLpresence of ACM >1%j_ _ The NIP contractor will be required to perform 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, windowsldoors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - it sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums 0,imughout 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 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. Intedor Ductless "Mini-Sp lid' AC System Installation Requirements 5. Interior DUCtIeSS "Mini-Split" AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment ...................... Exhibit A-Property Owner Noise Imuladon Agreement Page 21 of 28 LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Unit No. 308-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, of the Public Records of Mon me County, Florida. -—--------——---- ............... Exhibit B-Property Owner Noise insulation Agreenent Page 22 of28 PROGRAM IMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This Exhibit C represents the Program Improvement package fbr 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: 4@1 Architectural Drawings # Replacement Aluminum Acoustical Windows 0 Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) .................... .......... Exhibit C-Awperty Omer Noise Imulation 4mement Page 23 of 28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on' behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhiffift Q is attached, the undersigned, for and on behatf of the undersigned and the heirs, personal representatives, successors, and assI gns of the undersigned, forever releases, remlses, discharges, inderrinifies and covenants not to sue, institute claims against, or institute any proceedings against, the County; or any of its agents, officers, employees, consultants and/or contractors conceming any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injudes or death, damage to the property, and the consequences thereof, and any of the foregoing which may' accrue to th'8 undersigned or it 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 arid/or contractors to be legally liable. . 2. The Property Owner underatands 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 preserit in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water I moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Prograrn improvements. 4. If visible, the Property Owner understands that the Program Manager may identify and docurnent Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor or"Severe". 5. The Property Owner assumes full responsibility fbr the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe". Deficiencies are identified duflng 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 "Severe" Deficiencies are uncovered during the construction period, the Property Owner agrees to complete . ......... Exhibit D-Propen:y Owner Noise Insulation Agreement Page 24 of 28 necessaryi the Property, to the acceptance of the Program Manager to minimize I r stoppages of work. . The undersignedc n I it of the releasehold harmless and indemnity provisions set forth in Paragraph 1 of thisi t to property damage, injuries, deaths, or damages arising from the Deficienciesand/or all negative impacts that later sul r the additionof the Program Improvements. provisions of this _Exhibit Q shall survive termination or expiration the Property Owner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and pro `sinthis Exhibit _ shall binding i t oft undersigned their i i i representatives, successors andins. _ .. ...._....._____.......... .. � OFF ' Ssrnatura Sig mature a� Printrame Printed Name t. Signature Date Printed Name ' .................. - WITNESSES: PROPERTY OWNER: Signature Signature w,... Printed Name rn Nam - C Signature Date _m- Printed Name ..... _... - .... , �_.. I TNESSES: PROPERTY OWNER: Signature Signature Pdn Name Printed Signature Date u,Printed Name Name _ ............... _. Exhibit D-Property Owner Noise Insulation Agreement Page 25 of 28 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 ibr the Program Improvements to be made to the Property descdbed in the Agreement of even date herewfth (the "Agreement") between the County and Property Owner and to which this 0rhibit E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifles and covenants not to sue, institute claims against, or Institute any proceedings against, the County, or any of its agents, officers, employees, consultants and/or contractors concernI ng 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 "Deficiencleso) against saI d 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 "through-wall" portable air conditioner unfts and the addition of a replacement ductless "mini-split" air conditioning system. Because these modifications will result in a tighter intedor environment due to the elimination of all 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 property exhausting bathroom moisture to the exterior of the building. It should also be noted that the original KWBTS condominiums were constructed with a small wall vent that was- designed to allow the passive exhaust of Exhibit E-Property Owner Noise Insulation Agreement Page 26 of 28 bathroom moisture in a central building exhaust sha,ft, During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condition, these original wall vents if still present) have the potential "to provide a pathway for unwanted air, smoke and/or gases into the condominium interior. The Property Owner agrees to assume full responsibility for the sealing of original wall vents in all bathrooms and for any and all negative impacts that may result if left untreated. 5. It is clearly a building code violation to duct laundry dryer 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 shafts, they agree to correct this deficiency by properly exhausting their laundry dryer exhaust in an altemative metl,,iod that meets current building code, at their cost before the initiation of the Program construction process. Furthermore, the Property Owner agrees to assume any and all liability related to the improper ducting of their laundry dryer exhaust. 6. The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the Interior of 'the condominium. The Property Owner understands and assumes full responsibility for maintenance of Interior moisture and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Program Improvements. 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit E apply to injuries, deaths, or damages sustained in connection with or as a result of any and all interior, ventilation deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, m6ld, mildew,-and/or lack of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their respectI ve heirs, personal representatives, successors and assigns. ———----------- WITNESSES: PROPERTYOWNER, signature iiinature Printed—N a m_9 i5a_nied'kame ------- Signaturm. PrMted Name ...................... ........... Exhibit E-Property Owner Noise InMation Agreement Page 2 7 of 28 ....................... ------- WT PROPERTY OWNER: +7 I' ature ................................. §g�nature Printed Name yr T'c 7 Printed Name ?Irlure 0 fj Date Printed Name ................... ....... .................... ........... WITNESSES: PROPERTY OWNER: Signature r Signature Printed Name Printed Name Signature bets AdAw-Nei ............... ............... ............................. ................................................... ................. Exhibit E-Property Ow7zer Noise InmCation Agreement Page 28 of 28