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09/18/2019 Agreement/Easement-C311 �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 2263763 BW 3019 Pill#1. Heather P. Faubert RecOrftd 112 1118 AM Faille 1 of 4 NIP Assistant ! n r THC, Inc. Deed Doc Stmp$0.00 710 DaculeSuits 4A#315Filed and Reomiled W OffieW Rmords of Dacula, GA 30019 AVIGATION EASEMENT Key West International Airport Noise Insulation Program rHIS EASEMENT AGREEMENT is entered into this 26'i day of 20.!L—, by " " .! , I r r Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, i ! corporate, r referred t ." PropertyA. The Owner is the fee simpletitleholder to certain real property ("the Propertr) located in MonroeFlorida, particularly described follows: Unit No. 31 I-C, together with an undivided interest in the common elements, according Declaration f Condominium thereof, r in Official Records Book 589, Page 370, n from time to time, of the Public nr County, also identified t t address: "2601 S. Roosevelt ®, Unit C311" is the owner and operator of Key West International it ("the Airport") desiresi that, through interior l t!ng, are determined incompatible it exposure to aircrafti tl ! r residential purposesimplementation of a Noi Insulation Program ("NIP"), C. Under the , the Airport will design and install or pay for the installation of improvements and modificationsthe Property Owner'sProperty interior noise levels at least 5 dB and to bringthe average interior i level below dB in accordance withFederal Aviation Administrationii r ting of an Avigation Easement ("Easement") is a BOCC conditioni i i in the NIP. The Easement ill supersede any implied ri i t the BOCC may have obtained under applicablelaws. fundingD. The for said ! ill include fundingr i Government pursuant to the Airporti Improvement Act of 1982, and willinclude funding from , acting in its capacityr and operatorthe Airport. OwnerE. The Property desires to participatein the NIP and has enteredinto a Property Key WestInternational Airport NIP—Avigation Easement(Unit11) m �Page Iof4 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 an the property necessary to achieve a reduction in DNL indoor noise levels of at least 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 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 grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE,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 both 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: I 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, b 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 Uwe, in whatever form or type, during operaflon at, on, to or from 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 Easement shall be perpetual in nature and shall its and run with the title to the property and shall run to the benefit of the BOCC or fts successor in interest as owner and operator of the Airport. 3. 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, employees and lessees, from any and all claims, demands, damages, debtes, liabilities, costs, attorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successor's currently have, have in the past possessed, or vAll in the future possess, as a result of Airport operations or aircraft activities and noise 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. Key WOM 1 m­­aiflonsl A"Irp—ort N__1P—Avigatire Easement(Unk OC31 1) Page 2 of 4 4. This Easement expressly excludesthe Propertyr and to the Propertyr' irs, assigns and successors in interest, demands, debts, liabilities, r r p or causes of action for physical damage or personal injury caused by any aircraftr part of any aircraftusing the Easement that does identifiable physI I damage to the property or injury an the propertyi into directphysical contact withthe propertyor the the property. Should5. i r party hereto or any of their successors or assigns in interest retain counsel to enforcef the provisionsI rt its interest i r arising r this Agreement, or to recover damages by reason of any alleged any provision of this r , the prevailingshall be entitledto all costs, damages and expenses incurred including, t not limited t , fees and costs incurred in connectiontherewith, i l i llaction. provision f this Agreement is to be interpreted for or against any party because that party rthat legal r ti r provision. i t shall be interpreted and constr r i laws of the State of Florida. provision7. No breach of any of this r t may be waivedI in writing, i f any one breach of any provision i II not be deemed to be a waiver otherof any breach of the same or any otherprovision of this r . ThIsAgreement may be amended only written instrument t the partiesin interest at the time the modification. In t any one or morep condition or provision °rned herein is heldinvalid, void orill I by any court of competent jurisdiction, t Il be deemed severableremainder of thisAgreement and ll in no way affect, impair or invalidate r provision hereof so long as the remainingi i t materially alterobligations the parties. I such condition, covenant or other previsionshall be deemed invalid to this r breadth, i i r other provision shall be deemed validto the extent of the scope r breadth permittedlaw. . In the event the AirportII be subdividedinto more than one parcel, ortAirport or a portionr ti t or administration in additionto ori lieu of the BOCC, t in that event the partiesthat same shall not terminate or otherwiser long as a portionthe Airport continuesto operatefor standardit lipurposes, t any such successor in interest to the BOCC shall be entitledII of the benefitsrunning to the BOCC hereunder. Property9. The r agrees that the Property Owner shall bear and be responsible for II costs of maintainingoperating attenuation I i t installed in the Propertyr on behalf of the BOCC. __. a Key West( r ' I i r IP—AvIgation Easement n 11 This Easement Agreementis executedfirst above written. -- .� - OWNER:PROPERTY,-OWNER- PROPERTY SWriature ®� Signature ak , a ( de _w- I iir—inted Name „ ,a e Prin d Name dataDate STATE C COUNTY The foregoing instrument was ackn ledged befDre me this._......e day of,n � 20._........ bym $ ' Property Owner Nar NOTAIRFB ASSOC19S r Public Signature MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAY r Signature ign, ro Printed Name ' 1 ' :N a mm- n u Printed Name ` . my i i STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of 20 by Mayoras of the Monme County o of County Commissioners, a body politic and corporate. y Commission Expires: Notary Public signature � Flo y 7 ` Key West International Airport NIP—Avlgation Easement(Unit OC311) t e 4 of 4 I - z Addmss: KeN, pst b� the Sea unit Nio.: I N'axne(g): Brimi PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AiRpoRT, MONROE COUNTY 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 "Property Owner"). W I WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described an Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West international Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property, and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport, and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly descdbed on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements to be paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property, and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation at the Program Improvements, and WHEREAS, the Program is managed by the consultant team consisting of a team manager and assistant manager, architect, mechanical / electrical engineer, acoustician and construction manager selected by the County (the "Program Manager"); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which the Property Owner will participate in the Program and moolve the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and - ---------- Property Owner Noise Imulation Agreement Page 1 of28 sufficiencyIch are hereby acknowledged, t herebyrfollows: 1 Grant of Easement, Simultaneously iexecution i Agreement, the Property Owner executed and deliveredi easement (the "Easement") which Easement has been recordedlrecords Florida.of Monroe County, Easement remains in fullf i herebyratified in allrespects. Pro-gram2. licy Statements. Consistent with the Programr Federal Aviation Administrationi r Program lii , Managerthe Program has developedseries f Program Policytoutlining construction li i ill restrictions. r r understands that prescribed r r Improvements will be consistent with the ProgramPolicy Statementsr i to the Propertyr by the Programr. A copy of the Program liStatements is attached hereto as.Exhibit A. ® Pay ient of PLog_�@ . The County agrees to pay for the ProgramImprovements ri in Eghibit C attached hereto. Program Improvementsill be approvedr r and County, managed by the Programr, and performedthe Contractor. 1 eji , omm„ ti ` i r r 11 t i interfere i abilityto selectrproduct manufacturers and subcontractors in the preparationf bid submittals. To insure competitive i it r is prohibitedfrom having discussion i tlon with the Contractor in relationthe Program, the contractors i , or this til after award of the constructiont the Failure the Propertyto complyt this r i ishall, at the option of the County in its solei ti , result in disqualificationfrom the Program cancellation this t. Construction ract. The County will award the contract for the ProgramImprovements I t t with Federal and County competitivebidding i i procedures,and r will require the Contractor to completeProgram Improvements withintime the Programr, Post-Construction Respi iliti s. The Property Owner shall meet 11 responsibilities andrequirements i ipre-construction post- construction: a. Prior to the start of N l P construction, the Property Owner shall meet allPre-Construction requirements to include: Removing1 valuables (such as jewelry, coins, guns, antiques, 1 , their condominium; Movingl fumiture and belongingsinto 'Designated Storagewithin i i , providing the required "clear " it ............ . Property nNoise Insulation ent Page 2 o 2 space in sketch) r the Contractor. When doingr r will have the ability to utilizecomplete r to ceiling" Removingl1 excessive furniture r belongings the condominium that will notfit i "Designated tr "l Removingli window and door treatments (such as blinds, r "l plantationstoring t i t "Designated Storage Removingall electronic and dust-sensitiveitems from their condominiumr wrapping withprotective iy before storingin "Designated Storage Removingl1 wall hangings (such as mirrors, pictures, hanging shelves, .) and storingthem i "Designated t r Area"; Movingl1 small items and belongingsinto either the closetsr bathrooms as outlined in the Tesignated " ® After completion of the NIPconstruction, the Property Owner shall meet 11 Post-Construction requirements include: Movingit furniture 1 ings stored in the "Designated Storage " back to their original positions in the condominium: Movingi furniture belongings into the condominium, Re-installationf all wall treatments, door treatments it hangings back to their original positions in the condominium, c. In the Property Owner falls to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed fromi participation and tr r shall be liable t r Contractorfr any and all resulting l i indirect 1 thereto. d. In the event the Propertyl it of the above Post-Construction respoiliti , the Property Owner shall be liable to the Countyr Contractor for any and all resulting damages and ali direct and indirect relatedcosts rt . 7. impeding Construction. Once constructionof the Program Improvements begins, t r shall noti tr ialter constructioniaddition, l rall tenants that may occupy the Property duringi f the Program Improvements r impeding t i r altering constructionschedules. In Ownerevent the Property or any tenant occupying the Property impedes constructionr Property of InsWation Agreement Page 3 of 2 alters the constructionschedule, the Propertyr shall be liable the Contractor and the County r any damages and all direct and indirectthereto. & Safe Workigg Environment, The PropertyOwner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, suppliers, and C4, County, State and federal . Throughouta. all phases of designl of the r Improvements, the Property Owner shall be responsiblefor: 1 Providing r i environment that is r from t ti l health risks, biohazardconditions, hazardous chemicals, obstacles, weapons of any i r explosives; Refraining from 1 abuse or profanity; Refraining r i icontact; (4) Insuring that all pets are completelyr i b. In the eventt r r falls to meet any oftforegoing conditions, the Programr t t a discretion, temporarily 'suspended at any time, In t, the Programr shall notify the Property Owner in ri istating the correctiveicondition(s) required to be completed or performed by the Propertyprior to the County resuming Program . c. In the event the Programis not resumed Property Owners failure It the correctivei rcondition(s) required the ProgramManager, the r shall be liable to the County Contractor for any and all damages and all direct and indirect t related thereto. Programrl If the r is resumed, t r shall be liable to t Contractor for any and all damages and all direct and indirect costs related r caused by the temporary suspensionof the r r process. Construction t construction period, Contractor experiencemay r ll l relating to the installation Improvements. t icontract shall provide that delaysrelated these unforeseen complications the controlthe Contractor and shall be excused so that the timefor completion may reasonably tr ischedules may also be revised if there is a delayin awardingthe contractif the Program Improvements have to be re-bid in the event ofl f bidding contractors and/or failure of the lowest responsive, responsible biddert t the contract, provide a payment and performance bond r show prooff required insurance, . Changes to Scoge of Work. The Programr reserves the right to make changes to the plansspecifications the ProgramImprovements, t its Property ois Insulation e t Page 4 of 2 sole discretion, at any timeduring Program , provided reduce the scope r quality of the Programr i changessuch it i f i conditionsit detectable ri ! property inspection r . 11. Acceptance of completion f t r Improvements, Programthe r l .,, r cause the inspectionf the Program Improvements to determinet t to the terms Programcontract. The r retains solediscretion t ri program conformanceissues as they I to the Contractor, subcontractors, suppliers i igns. The Property Owner is requestedthe Substantial Completion Inspection r i input to the Constructionr with respect to the identified punch-list items, In addition, the Propertyr fs ! attend the Final Inspection. In the event the Propertyr elects to not attend the Substantial Completion and Final Inspections, they release r r their ability provide input t the Constructioni respect to the acceptance of the Program Improvements. I there is a disagreement Owner and the Program Manager as to a conformancer issue, the Prop" r shall be requiredto submiti in writingto Monroe (representative the NIP constructionwithin days of the inspection i t rise discrepancy, rshall then make a determination to the acceptabilityf the conformancelperformanceissue remedial action that may need to be taken. Monroeshall be the final arbiter of any conformance/perforrnance/issues, Failurethe r r to submit the written complaint it i time i ishall thereafter foreclose the Property Owners right to fileI i t. 1 . Termination of Agreement. The Propertyunderstands that the i ing of this Agreement initiates bot the BIDCONSTRUCTION the Program Improvements to be performed in accordancethe Program, Therefore, if the Propertyr attempts to terminatei # or otherwise impedes the progress of the performance of the ProgramImprovements after the award of the constructioncontract, the Propertyr will be liable for any and all damages and all direct and indirect 13. Warranties. t represent or warrant the level of noisei t the Propertyill experience withinresult of the Program r Program. a. The County agrees that its it Contractor willinclude standard1 r warranties from the Contractor for all materials and workmanship. one-yearSuch warranty periodl time f the acceptance of the providedwork as in Paragraph b. t the end of construction, # r r will provide # Propertyr with a Warrantyl Closeout Package which will contain the warrantypolicies, instructions, t legal documents, As condition f receiving the r l Closeout Package, the Propertyr . _._....-.... --- Property Owner Noise Insulation Agreement Page 5 oft must first submiti l r Satisfaction Survey to the Program After receiving the Warrantyi IProperty understands that the warrantypolicies for products used in the constructionthe Program Improvements differ among productof . In the event of claim, t Property Ownerisolely r it r pursuing allfuture r rr issues directly it r manufacturer. the event of a claim, the PropertyII be solely responsible for, and agrees to contact the Contractor or product manufacturerdirectly t coordinate any it rranty service and agrees to look solelyto the general contractorthe productr for fulfillment of all warranties and for resolution of all product or construction warrantyi (1) The Property Owners inquiry is not directly relatedeither constructionwarranties r product warranties (such as windowcleaning r product intenance) regardless of whether the Property Owners inquiry rlduring one- year warranty periodfrom the Contractor or thereafter, Propertyr believes that warranty servicei required withrespect to constructionwarranty issues, t r warranty period from the general contractor has expired-, (3) The Property Owner believes that service is required productrespect to rr issues, the advertisedperiod r the product not expired, and the manufacturer is currentlyi its business; and Owner(4) The Property believes that serviceis required it respect to productwarranty issues, ised warranty periodfor the product has expired. 14. Pre-Existing Deficiencies, r r will be requiredt i (Deficiency i less Agreement) which will impute ll responsibility liability the Property Owner for any and all presentPre-Existing Deficiencies at the r whether seen orug . 1& Pre-Work Rngijirpmpr r will be required to complete any and all F as requiredthe NIPsuccessfully the NIP acoustic moriffications. The,Property Ownr will be reqpIred t I t all designatedr items utilizingtheir own funds and Der the i deadlines t li t t fails_ - complete designated Prer items by the establishedl li , the Propertyr shall be removed from I i i i the Property Owner shall be liableto the County and/or Contractor for any and all resulting damages and alli indirect related thereto. 16. City f Ke� -West "Hard-Wired" I r I to l complianceit l f Key West Fire Marshall and the Cityt Building Department construction permit issuance requirements, the Propertyill be required to install 1 It "hard-wired" smoke al in their condominium i .............. Property Owner Noise Insulation Agreement ,f accordanceiall applicable codes and regulationsrequired li established t l r will be responsible t the smoke alarms installed i within condominium r I _ _® r ion work will occur, to avoidpotential i t t l t i process. I t -event t r it t install the-- _ _designatedit alarmssmoke the establishedI li , the Propertyr shall be removed from NIP participation. . S s ensionProcess. The Programprocess temporarily t any time during the designr construction the discoveryf Deficiencies due to their potential impact on the Program Improvements and productwarranties. r will not resume until Property Owner has corrected all related l to the satisfactionthe Program Manager. In the event repairs r t completed in a timely , the Property Owner will be liable to the County for any and all damages and all direct and indirect costsI and/or stoppages of the work. 18. Limitation on Alterations t r LProperty agrees net to make alterations, r to permit any tenant occupyingi the Property to make alterationsthe existingwindows, and/or walls from the time of the Designr il the construction of the ProgramImprovements completed. Exceptions to thisrule r in writingthe Program Manager. Failure to adhere to this i t may, at the option of the Program Manager in its solei ti n, result in an immediate i f the construction the ProgramImprovements roperty. The Property Owner will be liable County for all direct and indirect iated with unapproved alterations damages related thereto. % Pre and Post-Construction iTesting r post- construction l itesting is a very important Program processthat is designedt measurer i l achieved noiselevel reduction level at treated properties. If selected by the Programr for pre- & post-construction noise testing, the Propertyr agrees to provideto their property for testing agreesto not to make alterationsto the interior f their property (withthe exception repairs f r i i fromt time pre-construction i testt P construction i . In an effort to insure consistent noise data collection, the Propertyr also agrees to preservethe interior layout offurniture, floor coverings windowand treatments from the timet construction i test. The Propertyt the failure this i It in rr t f the noisetesting Therefore, the Propertyr understands they may be liable to the County for any directindirect noisetesting in the event these requirements r t met, 20. Cooperation. I requested, the Property Owner shall cooperatethe Contractor, the Programr in the performance f all phases of the ProgramImprovements including, t not limited to, the removal and reinstallationrugs, wall hangings and furniture Property nr Noise Inm1ation Agreement Pagg ?o 2 , Utilities. r li it Contractor to use, at no cost to the Contractor or the County, existing utilities light, heat, power and water to carryout the Improvements, Design22. n _Bid Processt scheduled timesr upon not1 than twenty-fourn tice (via NIP email andlor f the Propertyr agrees to providethe Programr, Contractor, subcontractors, suppliers, City, County, Statel inspectors and consultantsthe Propertyllect and develop alli 1 design and biddocuments. These visitscould include, limited , property survey, designmaterial inspection, pre-noise tlng and pre-bid visit, l the event the Property Owner falls provide access to the Propertyfor all required NIPi id Process visits, the OwnerProperty shall be removed froml l l tl . 23. Pre-Construction Access. The r r agrees to provide Propertyaccess to the i prior to the scheduledstart construction. Thisvisit will provide the Programr with the abilityto ensure that the Propertyt all furniture storageresponsibilities. it l result in the suspension of the scheduled1 tr i the Propertyr shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect t related thereto, 24. Pre and Post Construction Access. At scheduledi r upon not l twenty-fournotice fletter) and r the established1 tr i assignment, the Propertyr provideagrees to r r r, Contractor, subcontractors, suppliers, City, Stater l inspectors and consultantsto the Property to provide it required l Pre-ConstructionPost-Construction i i Icould include, t not be limited to final measurement, pre-construction inspections, review of Designatedt rage Space requirements, post construction inspectionspost- construction i itesting. In the event the PropertyOwner falls provide r all required lP Pre and Post Constructionvisits, the Property Owner shall be removed from NIP participationthe Property Owner shall be liable to t r Contractor for any and all resulting ll direct and indirect t related thereto. Construction Periodr f NIP construction contract, the Contractor will provide the Programr with their final construction schedule, which willinclude the required r of calendar days to completethe NIP construction in eachthe participatingcondominiums. lschedule, the Programr will assign each Propertyr with a designated calendar in whichconstruction it r in their condominium, The Property Owner agrees to relocater their condominium for the entirei time period. In addition, the Property Owner agrees not t re-enter their property for any reason during their assigned constructionperiod r t ti I to negatively impact the Contractor. In the event the Propertyr fails to provider their assignedr ion time period, the Property Owner shall be removed from Property Ownr Noise InsulationAgreement Page 8 of 2 participation the PropertyI be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect t related thereto. . Construction i t Hurricanes. i i construction i ill i hurricane season, there is potentialf r construction r stoppages, beyond the control of the Contractor, in the event f a threat ihurricaner an actual hurricane event. Due to this possibility, roperty Owner understands that delays may occur in additionto their originally asi ion time period, without any faultr cost to the Contractor Manager.and Program Furthermore, the Propertyto relocatetheir condominium li additional calendar days resufting from construction r stoppages due to a hurricanethreat r event at no cost to the County, Contractorr Program r. In the event the Propertyr fails to providethe required additional access to their condominium due to hurricane-relatedstoppages, the OwnerProperty shall be removed from NIPparticipation r shall be liable t r Contractor for any and all resulting damages and all direct and indirect ts related thereto. 27. Pjscovery _of Pre-Exl Lneflcienciesl tr i . In event the tr r discovers pre-existingdeficiencies t the Propertyi constructionr that negativelyimpact the installation of the NIPimprovements, the Propertyr agrees to immediately it and remediatedeficiencies in an effort to reduce any negativeimpact on the scheduledconstruction ri Owner understands that, depending on the timing t pre-existing l i repair, the NIPconstruction ri 4 at no fault of the Program Manager or Contractor. 28. Impact Unforeseenof � it i Conditions Construction Schedule, r t thatunforeseen.. ..� .. building i i t mmay ariseduring the NIP constructiontial to increase the original scheduled durationtr i R which is not the fault of the Program Manager nor Contractor. The Propertyr needs to planr the "worst-case" possibility that the originally-scheduled consr i I tlon date may be delayedadditional days unforeseendue to iconditions that may arisecomplicate construction. 29. r si_ i r t li Owner t F r the installation of new NIPacoustic window the existingi r treatments, shades and blindst be compatible nor able to be re-install re-installed due to sizei the new and existing l . 30. Existing r ----Molding. During the installation of the new acoustic , the NIP will be providing "standard" I t interior trim sills. The Property Owner understands that the NIPreplacement trim ill r specialized crown moldingr r custom window and r trim. After the completionl ' I tions, the Property Owner will have the abilitymodifications to the NIPinterior trim t their own expense. Property Owner Noise huulation Agreementa o . _ i tl _ ireroents. The Property Owner agrees to read and reviewII NIP emallsand/or letters in a timelyfashion ich are being provided by the NIP to ensureI conformance. In the event the Propertyr fallst this i , it could result in removal from NIP participation. _Title i i r has obtainedr will obtain, t its solet and expense, an "Abstract of Title" to ensure that the Property title is free from liens title . 33. _Poor i I rig itl Prior t t t of construction f the ProgramImprovements, r shall cooperate withthe County in order to (C) correct any title defects affectingi r disclosed by tTitle" in the sole determinationthe County may serve t invalidate t, and (il) secure the writtenall mortgage holders to the Propertyr' the Easement to the County if the County determines tt 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, i i ti , determines thatt ite Matters affecting the Property may invalidate the Easement, this I be nullvoid, and the Easement shall be terminated. Federal34. Assurance, As requiredthe Federal Aviation Administration, the PropertyOwner_ agrees to the followingprovisions: Propertya. The r shall subject the constructionr the projectto such inspection and approval during the constructionthe Program Improvementsr completion of the ProgramImprovements as may reasonab be requested by the Program ManagerMonroe Afterb. final completion oft r r Improvements, tProperty Owner shall assume the responsibilityr maintenance and operationthe items installed, r r constructed under this t. Neither the Federal Aviation Administration r the County bears any responsibilityfor maintenance and operation these items. Reduction35. f Fresh Air Infiltration. The Propertyr will be required to sign (Ventilation l I t) which imputes II responsibility to the Propertyr fort r r maintenance ofiir moisture humidity I . 36 Salyggle of Materials_& uipment. If the Property Owner desires to retainthe material or equipmentfrom the Propertyresult of the ProgramImprovements, the PropertyI arrange for the salvagei materials and equipmentit the Contractor at the Propertyner's sole risk and expense. The County assumes no responsibility for the conditionthe material, equipment rr i It of tsalvage. Propertyr and the Contractor shall, prior to the commencement of construction, documentagree upon and execute a listing those items to be salvaged. the absence ...... .......... Propeny Owner Noise Imulation Agreement Page 10 oft 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. 37. Pro e f Insurance, During Program construction period, the Contractor will provide builder's risk insurance for the Property. The Property Owner shall have the option, at the Property Owner's sole cost and expense, to maintain a horneowner's insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractoes buildees risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. T:Irning :__g .and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractor's original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Prop" uninhabitable for extended periods of time. 39. Labor and Material Release. The Property Owner releases and forever discharges any and all claims, it and actions against the Program Manager; the County and its officers, employees, agents, consultants, and contractors and suppliers with respect to issues relating to the conformance of labor, materials and acoustic designs utilized in the Program Improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 40. Sale of Prnnp-rtv. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Owner's responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 41. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant —ro—�—ndition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other terrn, covenant or condition hereof. 42. Release of ® In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Florida. Property Owner understands that it is the Property Ownees responsibility to insure such payment is made in order to "clear the title to the Property. �r,o erty-Own"er"Noise Insulation Agreement Page 11 of28 43. Authority to Execute On Behalf QL�GNnty. By Resolution No. I 11- duly motioned and passed at a lawfully announced public s meeting, Commissioners the Boa;�_of County r r2004, grant it authorityfor the ii Administrator to is Agree nt on behalf of the County withoutf i f County Commissioners, 44 Attachments. Attachments to this Agreement i 1 the following, which are incorporated into thist by reference. a. Exhibit : Program Policy b. Exhibit 1 Description of Property Exhibitc. Program Improvements. Deficiency 1 r l rat a. Exhibit Ventilation 1d Harmless Agreement General45. Conditions, Governinga. l � r tia toFees. This Agreement shall be governedr i accordance with the Laws of the StateFlorida li I to contracts performed entirely in the State. the eventthat any cause of actioni i r tip proceeding is instituted r the enforcementr interpretation this Agreement, the PropertyCounty and r agree that venue willli in the appropriater before the appropriatei i tr i in Monroe County, Florida. Property(3) The County and r that, in the event of conflictinginterpretations the terms or a term of thisr between any of the issue shall1 to mediationprior to the institution of any ot r administrative r legal proceeding. Property(4) The County and r agree that i the event any cause f action or administrative proceedingis initiated r defended by any party relative r t ti of this Agreement, the illshall be entitled to reasonable , investigative, and out® t againstexpenses, as an award Ili ltiproceedings initiated and conducted pursuant to this Agreement shallin accordance withthe Florida RI I it Procedure and usual and customaryrequired the circuit court of Mo b. Binding Effect, The terms, covenants, conditions, provisions this t shall bind and inureit of the County and Propertyr and theirr legal representatives, assigns. Property oisInsulation Agreement Page 12 of2 c. ills . If any term, covenant, condition or provision of this Agreementthe applicationthereof to any circumstancer 11 be declared invalid r unenforceable to any extent by a court of competent jurisdiction, the remaining terms, , conditions and provisionsthis shall not be affected thereby; remaining term, covenant, condition and provisioni r t shall be validshall be enforceablefullest i law unlessthe enforcement f the remainingg covenants, conditions and provisionst1 AgreementI the accomplishment oft rii l intent of this , d. Authoritv, Each party represents t to the otherthat t execution, delivery and performance of this l all Propertynecessary County and r action, as may be requiredlaw. ® Duration of A areemen , This Agreement shall execution of this subsequent to tip by the Property the County and shallremain in effect for a period1required to effect the ImprovementsProgram "), except as may be sooner terminated i accordance with the provisionsof this r , Acceptancef. i r t , i�- �.� Bequest� ,® Property The County and r t each shall1 , empowered to accept for the benefit of any or all assistance funds, r bequests to be used r the purposes of this Agreement, g. Claims for Federal or State Aid. r agreethat each shall be, and i , empowered to applyr, seek, and obtainfederal and statefunds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and fundingli I t r 11 be approved by the County prior to submission. h. dju fication of DisputeIgLeq The County and Prop" r agree that all disputes and disagreementsshall be attempted to be resolved by meet and confer sessions between representativesf the parties. If the issue or issues are still not resolvedsatisfaction i , then any shallparty have the right to seek such reliefr remedy as may be providedi Agreement or by Florida law. 1. Nondiscrimination. The County and Propertyr that thereill be no discriminationi it is expresslyt upon a determination f competent jurisdiction that discrimination this Agreementautomatically r without any further action on the part effectiveof any party, r, The County and Property Owner agree to complyI ll Federal and Floridastatutes, all local ordinances, as applicable, relating to nondiscrimination. include limited to: Title i of the Civil Rights Act of 1964 (P.L 88-352) which prohibitsi rii t basisrace, color or national origin, ) Section 504 of the Rehabilitationf , as amended (20 . , which prohibitsi ri i ti i f handicap; Discrimination Act fwhich w-------- . .........._ ro ' e Inm1ationAgreement Page 1 prohibits i ri i i i g (4) The Drug Abuse Office And Treatment Act f 1972 . . ), as amended, relating to nondiscriminationthe basis drug abuse; (5) The Comprehensive 1 1 Abuse And AlcoholismPrevention, Treatment ilit ti . . m amended, relating nondiscrimination the basisalcohol abuse or alcoholism; Public It Service Act of , s& 523 and 527, )R as amended, relating ti li alcohol and drugs (7) The Americans With Disabilities f . . f , as may be amended from time t time, relating to nondiscriminationis of disability; (8) The FloridaCivil Rights Act of , (Chapter 760, FloridaStatutes, i 1 rl Statutes), as may be amended from time to time, relating to nondi rl i ti ; Monroe County Human Rights ri r 1314, Article11 Sections 13-101 through f - ), as may be amended from time to time, relating to nondiscrimination; ) otherany i ri i tiprovisions in any federal or state statutesr local ordinances i 1y to the parties t , or the subject matter of, this Agreement. j. gmmm ration. In the event any administrativer legal proceeding i instituted i either party relating to the formation, i , performance, or breachi Agreement, the County and Propertyr agree to participate, to the extent required the other party, in all proceedings, hearings, meetings, and other activities relatedthe substance of this Agreement or provision of the servicesr this Agreement. The County and Propertyspecifically r t no party to this r 11 be required to enteri rirti proceedings related to this Agreement or any Attachment or Addendum to this Agreement. Propertyk. Books, Records, and Documents. The County and r shall maintain books, records, and documentsdirectly t to performance under this t in accordance withgenerally taccounting ri i t consistently li to this t or their authorized representatives shall have reasonable and timely t r party to this Agreement for audit purposesi the term of the Agreement and for four years following the terminationi r t. 1. Covenant of No Interest. r r covenant t neither r tl interest, and shall not acquire any interest, which1d conflict in any manner or degree withits performance under this Agreement, and that only interest of each is to perform and receive it in thisAgreement. Ethics.m. Code of the officers employeesi ill be required to complyi the standards of conduct relating i ts and employees as delineatedin Section , Florida t , regarding, t not limited t , solicitation or acceptance ofdoing businessit unauthorized ion; misuse of publicposition, conflicting 1 r contractual relationship; disclosure r use of certain information. Property ner Noise Insulation t Page 14 of 28 n. i tl rwarrant that, i t i , it has neither employed nor retained any company or person, other than a bona fide r I r i , to solicit or secure this t and that it has not paid , company, corporation, individual, or firm, other than a bona fide 1 r i solely r it, any fee, commission, percentage, r other consideration contingentr resulting makingi Agreement, Fort i i i this i i , the Property Owner agrees thatt ll have the right to terminate this t without liability t its discretion, t t from monies , or otherwise recover, t full amount of such fee, commission, percentage, gift, or consideration. 0. lip Owner County and Property II allow permit i t , d inspectionl documents, papers, I , or other materials provisions Chapter 11 , Florida Statutes, receivedthe County and Property Owner in conjunctioni this t the County shall have the right to unilaterallyl this t upon violationfit i provision the Propertyr. Public Records Compliance. r r must complyitFloridalaws, including but not limited to Chapter 119, Florida Statutes i ii I oft it lFlorida. Propertyll allow and permitt , and inspection , all documents, records, papers, letters r other "public materials in its possession r underit trl subject to the provisionsf Chapter11 Ire Statutes, and made r received the County and PropertyOwner in ion with thiscontract related t r . The County shall have the right to unilaterally1 this contract upon violationof this ii r. Failure of the Propertyr to abidethe termsi i ishall be deemed a material breachi the County may enforce the terms of this i i in the form of a court proceedingshall, as a prevailing , be entitledto reimbursement of II rney's fees and costs associated withproceeding, is provision shall survivetermination or expit ti f the contract. PropertyThe r is encouraged to consult with Its i t Florida li in order to complyit 'this provi i . Pursuant to . 119.0701 and the terms and conditionsthis contract, the Property Owneri required t : 1 maintain li records that would be requiredthe County to perform the service. receipt from custodian r , provide the County with a copy of the requestedr r allow the records to be inspected or copiedit in a reasonable timet a cost that does not exceed the cost provided in this chapter or as otherwisei I . Ensuret public records that are exempt or confidential and exempt from publicrecords disclosurerequirements r disclosed t as A,...... Property Owner Noise.Insulation Agreement Page 15 o 2 authorized law for the durationt r following i ti f the contract if the Property Owner does not transfer the records to the County, completion the , transfer, at no cost, to the County all public recordsin possessionf the Propertyr keep and maintain public records that would be requiredthe County to perform the service, If the Property Owner transfers ll public records to the County upon completionthe contract, rshall destroy any duplicatepublic records that are exempt r confidential and exempt from public disclosure requirements, Owner keeps and maintains li records l i the , the OwnerProperty shall meet all applicable requirementsr retaining publicAll records stored l r i ll t be providedrequest from the custodianrecords, in t that is compatiblei the information technology t the County. request to inspect or copy publicrelating contract t be made directlythe requestedshall immediately t' r r oft request, and the Propertyr must provide the records to the County or allow records to be inspected or copied withinl time. If the Propertyr has questionsregarding the application C ha trt , F lorida Statutes, t the P roperty Owner'sprovide li relating to thi t the CustodianPublic Brian l t 292-3470. p. Non-Waive Non-Waiver of Immunity. it t ing the provisions of Sec. Florida768.28, t participation r r in this Agreement and the acquisitionf any commercial liability insurance self- insurance , or local government liability insurance 1 coverage shall not be deemed a waiver of immunity the County to the extent of liability r r shall enteredany contract into by the County be requiredto containprovision for waiver, q. Privileges Immunities. All of the privilegesimmunities from liability; exemptions laws, i , and rules; irelief, workers' compensation, t r benefits whichI the activityf officers, , volunteers, r employees of # i their respective functions under this t within the territorial limits the County shall apply to the same degreet to the performance of such functionsduties f such officers, agents, volunteers, or employees outsidethe territorial limits the County. . LObligations and Responsibilities-, Non-Delegation Constitutional or StatutMDuties, i is intended to, nor l i construedrelieving any partI I i i from obligation responsibility imposed upon the i law except to the extent of actual and timely thereof by any other participating entity, in whichthe performance may be offered in satisfactionf the obligationresponsibility. Further, this Agreement is not intended to, nor shall it be construed , authorizing the delegationthe constitutional or statutory E the County, except to the extent permitted by the Floridaconstitution, Property nr Noise Insulation.417eement Page 16 of28 stateI , and, specifically, the provisionsf Chapters 125 and 163, Floridatt . s. Non-Reliance Non-Parties. r entity shall be entitled to relythe terms, r any of them, of thisto enforcet to enforcet it claim i 1 t to or benefit of any servicer program contemplatedr, and the County and Propertyr agree that neither the County r Property Owner or any agent, officer, or employee of each shall have the authorityto inform, 1, or otherwiseindicate that any particulari i I or group of individuals, l i i entitlements r benefits under this r t separate apart, inferior to, or superiort the communityin general or fort purposest I t in thist. t. Aftestations. The Propertyr agrees to execute documentsl require in the performancethe obligations and duties the County or Property Owner under this Agreement. ® No Personal LLability. 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 hisr her individual i , and no member, officer, agent r employee of Monroe County shall be liablepersonally this r r be subject to any personal liability r accountability by reason of the executionthis Agreement. . Executioni t i numberany of counterparts, f which shall be regarded i i 1, all of which taken together shall constitute one and the same instrument f the parties heretot this t by signingcounterpart. Agreementw. Section Headings. Section headings have been inserted in this -conveniencereference only, it is sectionl t iIll not be used in the interpretation f any provisionof this r t® � s.. o N-o.I l lrxrvtio a 17 of 2 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WITNESSES: PROPERTY QWNER: Sigriture .......... Slgnfftun� ......1, . ...... T"' Pflnted Name f- Printed Name Signaturer gin' ........... Date Pflnted Name .......... ............. WITNESSES: PROPERTY OWNER, Signature Signature Printed Name Printed ka-m—a Signature 70 Daft 7 Printed Name QD ........................................... ----------- ................. -MONROE C6VNTY BOARD OF COUNTY COMMISSIONERS: MAYOR CHAIRMAN: -Attest: Sylvia J. Murphy JKEVI. s.. OK, CLERK ..................... By: a.,.s Deputy Clark Signature C f Date ............... p erty 0wr2er Noise Invulation A--reernerit 'AP. �ay �) _T R N age].SJqf28 FRM PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air Conditioning: _mm ictions. While providingIess "mink spli $° t r condominium as a part of # iInsulation modifications, following limitations r[ [ will apply to all condominiums: 1. All condensing unitswill be installed 2. l refrigerant !i (running from 1 i [t ill be installed consistent with KWBTS Board policyrules, maintaining a maximumheight inches. All condensate lines will be installed on the building ri r consistent with Board policy rules the highestlevel of consistencynbuilding architectural aesthe1 . 4. All interior AC lines , condensate, electrical) Ventilator ill be housed in new vertical wall and corner pilasters which will be constructedto matchthe qualityexisting l r and locations f the now vertical wall and corner pilasters will differ depending on your unique condominium r plan and number of bedrooms. The NIP executivearchitect ill reviewl information i t your NIP Designi i 5. Only electrical service panelsthat are [ the ProgramManager to deficient [ll be replaced by the Programf the NoiseInsulation r modifications. B. Window Sill Rqplacsment. Due to the , the l ill provide new custom wood surround ill instead of the existingrr to this revisedplan, existing custom sills1 , granite, will not be replaced. This revisionill be an improvement, [ r i constriction t improving time efficiencies. MoldingC. Custom Crown I . abatementThe new asbestos [ ill customtrimrestrict ability existing r[ t construction , which will not allowi time for the awarded general contractor to secure custom matched replacement trim. Therefore, existing crown moldings, wall trim, and base, the contractor ill, instead, cut the existingto the face of the new pilaster or thru wall ae4nflil. At new pilaster locations , if the thru wall ac infil[ abuts the existing baseboards, the contractor will, install a standar intedtrim abut the i t[ trim, rather than attemptingt i i trim profiles and materials. Ar the completionthe NIPconstruction, the propertyr will Exhibit A-Property neNoise ltioAgreement � Page 19 o have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold Heights. Due to stringent Honda hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging doors and sliding glass patio doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during a hurricane. E. KWBTS Asbestos Testing As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS 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 gypsum board joint compound, window glazing, and exterior window and door caulking, In addition, rendomr exterior stucco samples were collected on both the "walkway" and "courtyard / balcony" building elevations. Depending on the laboratory analysis of these samples, the presence of asbestos containing materials (ACM) have the potential to impact several areas at 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 infilling of openings, - ceiling cuts required for installation of the ductless AC, - it 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 soffit for installation of the ERV. F. Asbestos Abatement Reg ui roments 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-p resence of ACM 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, -- i it A-Property Owner Noise Insulation Agreement Page 20 of28 � lea- The1contractor will be required 11 asbestos abatement procedures directedthe Environmental Protection Agency (EPA) to include: - Construction of ACM containment barriers in all areasceilings, closets, R approximately 4 feetfr 11 walls and areasimpacted the NIPi i ti , ® Abatement and baggingf demolition certifiedt t staff, Air sampling of containment areas and clearancef all areas by certified abatementasbestos staff to allowto containment areas by traditional t workers, ill be required to provideexecutive i 1 ACM abatement processesin all condominiums throughout1 t i t properensure compliance withfederal and statet guidelines, - The presence f ACM will have a significant impact an the NIPconstruction process, lengthening tr tl increasing the sequencing and coordination requirements tr r crews. - Given the cost to provide required asbestos abatement procedures, the FAA ill require THC to developi r ion plan thatminimizes the disturbance r tminimization construction 6@ i , duration, and liability the contractord This plan will result in new propertyrequirements i restrictions i are outlined , H. KIWBTS BOARD Authority.ofDesign .-m.m.Decisions. The KWBTS Board will have the Authority to make several of the Programi i i i t 1® Acoustical Window and Door Material 2. Acoustical Window and Door Color and HardwareFinishes 3. Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split"AC SystemInstallation iC 5. Interior Ductless "Mini-Split"AC System Interior Soffi iPlacement G. In-Filled iPrime Policy t Exhibit A-Property Owner Noise Insulation Agree a a s 21 of28 LEGAL DESCRIPTION Exhibit NoiseTo Homeowner i , Condominium, t r with an undividedinterest the common elements, according to the Declarationi t in Official Records Book 589, Page 370, as amended from time time, of the Publicr , Florida. Exhibit B-Property Owner Noise Imulation Agreement Page 22 of 2 PROGRAMIMPROVEMENTS Exhibit C To Homeowner of Insulation Agreement This Exhibft C represents the Programreligible home that includes rogram Improvements developedreduce interior it t of a property by a minimumfive decibels. typical Program Improvement package may include: Architectural Drawings AluminumReplacement ti I Windows Replacement Aluminum Acoustical Swinging Primer Replacement Aluminum Acoustical Sliding GlassPatio Door(s) ,. �_............_ Exhibit C-Property Owner Noise Insulation Agreement Pageo Z DEFICIENCY HOLD HARMILESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1 In partial consideration of the compensationi County and the Program for the Program Improvements the Property described i t i " t" the County Ownerand Property and to whichi is attached, the undersigned, for and on undersignedbehalf of the I , personal representatives, successors, and assignsthe undersigned, r releases, remises, discharges, indemnities covenants not to sue, i l 't against, or institute i i t, the r any of its € I ncontractors concerningll claims, demands, damages, actionsr causes of action whatsoever kind and natureit injuries death, damage to the property, and the consequences thereof, and any of the foregoingi to the undersignedr their respective heirs, personal representatives, i i connection with any and allPro-Existing Deficiencies t I " against said County r any of its officers, agents, employees, consultantsr contractors legally liable. Owner2. The Property understands andfull responsibility 1br the Deficiencies t in the Property, r visible to the Program Manager or unseen. Owner3. The Property understands that the Deficienciesinclude deficiencies t in the Property at the time i icould include, but not be limited , code violations, structural damage, watermoisture damage, hazardous materials, infestation r any issue that wouldnegatively impact the installation r f the ProgramImprovements. 4. If visible, the Property Owner understands that the Program Manager may identify i i time throughout the Program (including lgn, bid and constructionr identified , the Programr will classify the observed Deficiencieseither "Minor" or" " Owner5. The Property assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the r re" Deficienciesidentffied during the design process, t r rees' to complete necessary repairs to the Property, t the acceptance of the Programr, as a preconditionto the commencement of construction f the ProgramImprovements. I the raret that " " Deficiencies uncoveredare ri the constructionperiod, the Property Owner agreesto complete r_._., ...M... ......... Exhibit D-Property Owner Noise insulation Agree 4 o 2 necessary repairs to the Property, to the acceptance of the Programt minimizetwork, ® The undersigned acknowledge and agreeof the harmlessindemnity provisionst forth in Paragraphit Q applyt propertyr a or damages arisingr f i i r all negative impacts that later result after the additionProgram provisions of this Exhibit Q shit survive the termination or expirationthe Property InsulationOwner Noise r t6 agree8. The undersigned hereby t the terms and provisionsof this Exhibit shall be binding upon, and inure to the benefit of the undersigned and their respective heirs, personal representatives, successon; and assigns, WI N Sign, Signature Printed to k. Printed Name SIgnature .. Printed Name a WITNESSES: PROPERTY OWNER, Signature Signature Prig e Printed Name Signature t rinted Name WITNESSES: PROPERTY OWNER: Signature va �nur w.w i ntu Printed Name . ...... Signature Printed 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 tion to be paid on behalf of the ProgramCounty and the for the Improvements to be made to the Property describedi (the "Agreement") between the County and Property Owner and to which this Exhibff E is attached, the undersigned, for and on behalf of the undersigned1 t tl = successors, and assignsthe undersigned, forever releases, remises, discharges, indemnities covenantst to sue, institute l i against, or institute n proceedings 1 t, the County, or any of its agents, officers, employees, tcontractors concerning 11 claims, i r causes of action whatsoever kind and nature on account of bodily injuries or death, damage to the propertythe consequences thereof, the r ing which may accrueto the undersignedtheir respective heirs, personal representatives, successors and assignsin connectioni l Ventilation Deficiencies (# "Deficiencies") i said County or any of its officers, agents, employees, consultants r contractors legally liable. Program2. The Improvements may include itiacoustical windows and doors, removal and infilling of 1hrough-wall" portable air conditioner units and the addition i 1 "mini-split" air conditioning modificationsthese ill result in a tighter interior it t due to the elimination if passive inside i it leakage that was naturallyoccurring in alli the Program ill also include the additionrecovery ventilation (ERV) unit which ill provide an adequate exchange of inside outside it to the condominium requiredit i . Given3. the tightenedinterior environment of the treatedcondominium, the Propertyr agrees to assume full responsibility for the properrti Program1ess AD system and energy recovery ventilation ( it to avoid potential r mold and moisture , especially during periods condominium is closedi i . 4. Due to FAA eligibilitylimitations, the Programwill not be providing bathroom exhaust fan treatments. Sincebathroom t r showers are a source of moistureri in the interior i ii , the Property Owner agrees to assume ll r n i it r that all bathrooms have an operable bathroom exhaust fan capable of properly ti bathroom 1 exterior orf the i . It should1 the original KWBTS condominiumsr constructed i Il wall vent that was designedto allowi f ...... w. Exhibit E-Property Owner Noise Insulatione 26 o moisturebathroom in a central building exhaust shaft, During the Program design processsurvey it was discoveredthe KWBTS buildingsi tr I building exhaust shaft. Due to this i i condition, these original wall vents (if stillpresent) have the potential to provider unwanted air, smoke and/or gases into the condominium irr, The Propertyr agrees to assume full responsibility for the sealing f original wall vents in all bathrooms and for any and all negative impacts that may It ff left untreated. 5. It is clearlybuilding i i to duct laundry dryer exhaust to the KVVBTS central exhaust shaft. I t a Property Owner has incorrectly their laundry dryer vent to the KWBTS central building exhaust shafts, they agree t correct this iency by property exhaustingit laundry dryer exhaust in an alternative mt t meets current buildingt their cost before the initiation the Programconstruction r Furthermore, the Property Owner agrees to assume any and II liability I t to the improper ducting of their laundry ® The Propertyr understands that the ProgramImprovements wiii not kitchenaddress rventilation r excessive interior humidity levels generated by the Propertywithin interior oft ii 9 The Property Owner understands and assumes full responsibility for maintenance ofinterior moisture and humidity levels. The Property Owner agrees to assume full r iiii for any occurrence, reoccurrencei f moisture problemsand/or interior humidity levels r . In addition, the Propertyr agrees to assume full responsibility for the mas t ti f the NIPventing i i ti r completion f the ProgramImprovements. undersigned7 The I that all oft I I harmless indemnity ii in Paragraphof this iit E apply t injuries, , or damages sustainedin connectioni r as ar iof any and all interior tii ti i i iarising r the additionthe ProgramImprovements including, but not limited t , high humidity, mold, mildew,-and/or lack of proper exhaust ventilation. r i ions of this ExhibitII survive the termination or expit ti Ownerthe Property Noise Insulation t. undersignedB. The that the r ii of this ExhibitII be bindinginure to the benefit of the undersignedit respective heirs, I representatives, successors and assigns. �,....., PROPERTY OWNER: E I Siggcure Signature Printed Name -Z' Printed Name Signature r Daft Printed ante Exhibit E-Property Owner Noise Insulation Agreement Page 27 of 28 ..... .......... ........ m �. ... IT : Signature Signature Printed Name Printed Name signature dat � Printed Name IT : PROPERTY OWNER: Signature Signature Printed Name Printed Name Signature bate Printed am I Exhibit E-Property Owner.,VoiseInsulation e a e 28 oft