The URL can be used to link to this page

09/18/2019 Agreement/Easement �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 Prepared By and Return To: Heather P. Faubert Doc#22637" MW 3019 Pg*5 NIP Assistant Project Manager RWM1dCd4/2lt202011:28AM page lof4 THC, Inc. 710 Dacula Rd., Suite 4A#315 DoW Doc Stwmp Dacula, GA 30019 Filad and Rawrded in Official Rwords of MONROE COUNTY KEVIN MADOV,CPA "IGATION EASEMENT aWr. Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this LL day of J by"TODD M. SWITZER&JOIE M. ROLF-SWITZER", hereinafter referred to a- 1he Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS; A. The Property Owner is the fee simple titleholder to certain real property("the Property') located in Monroe County, Florida, more particularly described as follows: Condominium Unit No. 312-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common slarnents, according to the Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370,as amended from time to time, of the Public Records of Monroe County, Florida. also identified as street address: 112601 S. Roosevelt Blvd., it C312" B. The BOCC is the owner and operatorof Key West Intemational Airport("the Airport")and desI res to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIP"), C. Under the NIP, the Airport will design and install or 'pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce intedor noise levels at least 5 dB and to bring the average interior noise level below 45 d13 in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any Implied or prescdptive 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 BOCC's implementation of the ..................... Key WeGt Intwmflorml Airport NIP—Avlgdon 5esement(Unit#C312) Page 9 of 4 I . will benefit the Propertyr and the Property by providingin remedial sound attenuation construction on all eligible i ni 1 structures on the property to achieveion in DNL indoor noise levels of at least 5 dB and bringthe average interior noise level below 45 dB in accordancei I Aviation Administration policy. F. The Property Ownerfull understands that the I eligibility could change at some future time, but is currently based on the 2013Existing Condition Noise accepted the Federal Aviation Administration ("t ") on December 19, 2013. G. The.NIP will be administeredin accordanceit 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 recelptandadequacy of which is hereby acknowledgedt parties, in consideration and incorporation into this vi i the recitals set forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalf 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 easementover the property. The use of the Easement shall include h right to generaten it noise n to causeother effects as may be associatedi tion of aircraft over or in the vicinity h property. This Easement shall apply to all such iactivity t the Airport, present or future, in whatever form or type, duringion at, o , to or from the Airport, and it being the intent of theparties that all such Airport activityshall be deemedto be included within the purviewthis Easement. 2. This II be perpetual in naturen shall bind andrun with the title to the property and II run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. . The Property Owner on behalfof the Property Owner, its heirs, assigns and successors in interest,does hereby releasen Il related partiesthe BOCC, including t not limited to BOCC members, isagents, servants, employees and lessees, n II claims, demands, damages, debts, liabilities, costs, rey' s or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently v , have in the past possessed, r will in the future possess, result of Airportoperations or aircraft activitiesn noise levels reI t to or generated by Airportactivity, 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 operationthe Airportr of aircraftlanding or taking t the Airport. __. _........... _..... .__........_......... Key West International Airport NIP—Avlgatlon Easement(Unit 12) Page 2 of 4. This Easement expressly excludes and reserves to the Property Owner and to the OwnersProperty iassigns u in interest, claims, demands, damages, , liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused y any aircraftor part of any aircraftusing the Easement that does identifiable physi l damage to the property or injury to a person on the property by cominginto direct physical contact withor the person on the property. 5. Should either party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisionsi t protect its interest in anyr arising under this Agreement, orto recoverdamageso y alleged breach of any vision of this Agreement, the prevailingparty shall be entitledII costs, damages and expenses incurred including, not limited y' fees incurred in connection therewith, including II t ion. 6. o provision of this Agreement is to be interpreted for or against any party because that party orthat partys legal representative drafted such provision. This Agreement shall be interpreted nd construed according to the laws of the State of Florida. breachy provision of this be waivedunless in wdting. Waiver o y one breachf any provisionthis Agreement shall not be deemedto be a waiver of y other breach f the same or any other provision of this Agreement. This Agreement amendedmay be only by wdfteninstrument c t rti s in interest t the time the modification. In the eventthat any oner more covenant, condition or provision contained hereinis hold invalid, i t illegal by any court of competent jurisdiction, the same shall be deemed severablefrom the remainder of this Agreement and II in no way affect, impair or invalidate n other provision hereof so long as the remaining vision not materially alter the rights li ti the parties. I such condition, covenantr other provision shall be deemed invalid to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of thescope or breadth permittedI . 8. In the eventthe Airportshall be subdividedinto more than n 1, or the Airportr portion thereof becomes subjectto operation, management or administration in additionto or in lieu of the BOCC, then and in that eventthe partiesthat same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, andt any such successor in interest o the BOCC shall be entitled to all of the benefitsin to the BOCC hereunder. Property9. The Owner agrees that the Property Owner shall bear and be responsiblefor all costs of maintainingtin sound attenuationmaterials and equipment installed in the Property by or on behalfof the BOCC. .. .... _ ........... e ......... Key t IntermtIonal Airport NIP—Avigadon Easement(unit#C312) Page 3 of This Easement Agreement is executedi . ROP�RTY OWNER: PROPERTY OWNER: '81 Printed ame rii� 4me Date t {{ i 14— The foregoing Instrument was acknowledged before me thisice.day of _w 3. y by Property Owner n,n,n, nme(s)n, NOWY PubWState of Fwda IIr: ) I. . _jy 612112021 .. ,, .._..._..._. ....._......�. ....................... ....................... ...................._._._................ ......�q WITNESSES: MAYOr: i Signature gnai � Printed Nam _ F Signature r i Printed Nameaaaa�uuuuuu�� 1 STATE OF FLORIDA COUNTY OF MONROE i The foregoing instrument was acknowledged if as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. No Commission E I : Pullc$intun9 _._._.__ ... ..___............................—_._.. ..__--------- ._ s Y i" '.fit ry t t r s r A � AP �r ey West Intematlanal Airport NIP—Avigaaiton Easement(Unit#C312) PEDR °J.MERCADO a e.—.0 r Address: Unit No.: .-C.312 Name(s): Switzer ... INSULATIONPROPERTY OWNER NOISE KEY T INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISEINSULATION T (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 Flodda (the "County'), and the undersigned (the "Property Owner"). : WHEREAS, the Property Owner is the sole record owner in fee simple o certainal property located in the City of Key West, County of Monroe, t of Florida, and more particularly described on Fxhibit attached h (the " ); and the County is the owner and operator of the Key West International Airport (t i o ), situated in the City of Key West, County f Monroe, State of Florida, and in close proximity to the Property, and the County desires o obtain and preserve for the use and benefit of the public a right of free andunobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has electedo participate in the Key International Airport's ois 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 Exhibit attached hereto (the 'Program Improvements"), said Program Improvements to be paid for by the County t no cost to the Property Owner and in exchanger the granting to the County of an avigation easement over, across and through t ; and the County ill enter into a construction contract with general contractor (the "Copt or") to provide the installation of the Program Improvements; an the Program is managed by the consultant team consistingof team manager and assistant manager, architect, mechanical 1 electrical engineer, acoustician and construction manager selected the County(the "Program Manager'); and WHEREAS, the Property Owner and the County mutually desire to agree to the terms upon which theOwner will participate in the and receive the Program Improvements upon the terms and conditions provided herein; THEREFORE, in consideration of the terms, covenantsand conditions set forth herein, and other good and valuable ni a tion, the receipt and o' e I ' et e I off sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1. Grant of Easement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the County an avigation easement (the "Easement') which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and affect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent with the Program and/or Federal Aviation Administration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility 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 ExhibItA. 3. Payment of Program Improvements. The County agrees to pay for the Program Improvements descHbed in Exhibft 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. Irnoedinq Competitive Bid Process. The Property Owner shall not impede or interfere with the Contractors ability to select between approved product manufacturers and subcontractors in the preparation of bid submittals. To insure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractors bid, or this Agreement until after await of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. ® Construction Contract. The County will award the contract fbr the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program improvements within a time period defined by the Program Manager. ® ibiPost-Construction Reapprisibilitles. The Property Owner shall meet all responsliti i t es and requremens pertaining to both pro-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet aII Pro-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 "Designated Storage Space Area" within the condominium, providing the required "clear area" (white ®—------------------ .................... Propeny Ownw None Inmianon Areement Page 2 of 28 space in sketch) for the Contractor. When doing , the Property Owner will have ability to utilizethe complete "floor to ceiling" space. ( ) Removing of all excessive furniturebelongings condominium that will not fit in "Designated o "; ( ) Removing all window and door treatments (such as blinds, plantation shutters, .) a on t in h "Designated Area"; ( ) Removing all electronic and dust-sensitiveitems from their condominium r wrapping withiv ofy before storingthem in t "Designated Storage c ' ( ) Removing all wall hangings (such as mirrors, pictures, hanging shelves, t .) and storingin the " i t t "; ( ) Moving all small items and belongingsinto either the closets or bathroomsuli i "Designated t c " Afterb. completion of the NIPion, the Propertyr shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongingsin the "Designated Storage Space Areas" back to their original positions in the condominium: ( ) Moving of anyexcessive belongings into the condominium; ( ) Re-installation of all wall treatments, door treatments and II hangings it original positions in the condominium. . In the eventthe Property Owner falls to perform any andII of the bye Pre-Construction responsibilities, the Property Owner shall be removedI participation the r shall be liable to the Countyand/or Contractor for any and II resulting damages and all direct and indirect I thereto. d. In the event the Property Owner fails to performn II of the above - onstru ion responsibilities, the Property Owner shall be liable to the County for Contractor for any and all resulting damages andII direct and indirect costs related thereto. . Impeding Construction. Once construction of the Program Improvements in , the Property Owner shall not impede construction oralter 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 ion or altering construction schedules. In the eventr or any tenant occupying impedes construction or Propen:yr Noise Insulation Agreement Page 3 of 28 alters the construction schedule, the Property Owner shall be liable to the Contractor and the Countyfor any darnagesall direct rm itect costs related thersto. & Safe Working,_Envirowngnt. The Property Owner shall be responsible for providing a safe working environment for the Program Manager, Contractor, subcontractors, luers, and City, County, State and federal Inspectors. . Throughout all phases of design and constructionthe Program Improvements, the Property Owner shall be responsible tor: Providing uIng environment that is free frompotential health risks, blohazard conditions, hazardous chemicals, obstacles, n of any u � (2) Refraining from verbal abuse or profanity; Refraining ul physical contact; and Insuring that all pets are completelyn n " . In the event the Property Owner falls to meet any of the foregoing conditions, the Program process may, t the County'sdiscretion, be temporarily suspended t any time. In such event, the Program Manager shWI notify the Property Owner In writing, stating the corrective action(s) / ltion(s) required to be completed r performed by the pert r prior to the County resuming the Program . . In the event the Program process is not resumed to the OwnersProperty fly to completet and/or its required by the Program Manager, the r shall be Uable to the County and/or Contractor for any and all damages and all direct and indirect l t thereto. the Programresumed, the Propertyr shall be costsliable to the County and/or Contractor for any and all damages and all direct and �n&ect related to or caused by the temporary of the Program . 9. Construction During the construction period, the Contractor may rm unibreseen compUcabons reWftto the installation of the Program Improvements. The constructionmet l provide that delays related to these unforeseen complicationsthe controlof the Contractor and shall be excused so that the time for oompletion may reasonably be extended. Construction may also be reAsed if there is a delayIn awardingthe contractr if the Program �mprovements have to be re-blid in the vent of lack of biddingtractors and/or Niure of the responsive, ii l bidder to executethe contract, provide a payment and performance bond or show proof of requked insurance. t . :Chanqes to Scone of Work. The Program Manager reserves the right to make changest the plansm t o the ProgramImprovements, at Its ..............__- ._—.m._ Prop&V Owner o' e INn=1ation Agreement Page sole discretion, at any time during the Program process, provided such changes do not reducethe scope or quality of the Improvements described in Exhibit C and such n necessitated by the discoveryhidden conditionsnot readily detectable duringI property inspection procedures. 11. Acceptance of Work. Upon I i of the Program Improvements, Managerthe Program shall inspect or cause the inspection of the Program Improvements to det i e completed u to the terms contract. The Program Manager retains sole discretion and authorityon program conformanceperformance issues as they relate to the Contractor, subcontractors, suppliers i designs. The y Owner is requested to attend the Substantial Completion Inspection and provideinput to the Construction Manager with respectthe identified punch-list items. In addition, the Property Owner is welcomet attend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they releasesurrender their ability t provide input to the Construction Manager with respect to the acceptance Program Improvements. In the eventthere is a disagreementthe Property Owner and the Program Manager as to a conformancer performance issue, the Property Owner shall be requiredi the discrepancy in writing to Monroe County (representative to be definedthe NIP construction ) within 7 days of the inspection giving rise to the discrepancy. County II then make determination to the acceptabilityof the conforrnance/perforrnanceissue n remedial action that may need to be taken. Monroe CountyII be the final arbiter of any conformancelperformance/issues. Failure by the Property Owner to submit the written complaint Wi the time period specified v shall thereafter foreclose the Property e right to file such complaint. 12. Termination of Agreement. The Property Owner understands that the signing i t initiates both the BID and CONSTRUCTION the Program Improvements in accordance withthe Program. Therefore, if the Property Owner attempts to terminate this t or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner Will be liable the Countyfor any and II damages and all direct and indirect thereby. 13. Warranties. The County does not represent or warrant the level noise reduction that the Propertyr will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County its contract withthe Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship. Such one-year warranty period shall commence time of the acceptancethe work as provided r in Paragraph 9. the and of construction, the Program Manager will provide the OwnerProperty with a WarrantyFinal Closeout Packageis ill contain i the warranty policies, instructions, sin documents and legal documents. As condition i 'ng the Warranty & Final Closeout Package, the Property Owner AmopeM ner ois I 1 ti of 2 must first submit a completed NIP Property Owner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Prop" Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. In the event of claim, the Property Owner is solely responsible for pursuing all future product warranty issues directly with each product mariufacturer. c. In the event of a claim, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warrantles and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter; (2) The Property Owner believes that warranty service is requI red with respect to construction warranty Issues, and the one-year warranty period from the general contractor has expired; (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty peflod for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will lmpute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work Reguirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Propomy Owner will be required to complete all designated Pre-Work it util it own fun4 established by the NIP. In the event the Property Owner falls to complete the designated Pre-Work it by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. Cltv of Key West "Hard-Wired" Smoke Alarm Rqguirement. In compliance with the it of Key West Fire Marshall and the City of Key West Building Department construction permit issuance requirements, the Property Owner vAll be required to install 120-volt "hard-wired" smoke alarms in their condominlurn in .............................. .............................. Propeny Owner Noise Insuladon Agmment Page 6 of 28 accordanceitlall applicable codes and regulationsthe adeadflne as establishedthe NIP. The Proptqty Owner will be responsiblethat the smoke alarms are not installed In same areas Wthin the condominium where NIP romodification work Mil c ur to avoid au _ t r tm � m__ fl t�h � r trr � In the event the Property Ownerfl to instaIlt "hard-wired" smoke alarms by the established line, the r shall be removed from NIPrig to r . 17. Suspension of Program Process. The Program process may be temporadly suspended at any time duringthe for construction phases upon the discovery of Deficiencies due to their to l impact onthe Program Improvements and product warrar t w The Program process will not resume m m m til the Property Owner has corrected all reiated problems to the satisfaction of the Program Manager. In the event repairs not completed in a timely manner, the Owner ill be liable to the Countyfor any and all damages and all direct and indirect costs due t and/or stoppages of the work. f Limitation .M. t t geFt . J r agrees not tenations, or to permit any t n't occupying any portionthe Pmperty to make alterations to the existingand/or walis fromthe time of the Design process until the construction of the ProgramImprovements completed'. Exceptions to this rule must t in writingthe Program Manager. Failure to adhere to this reqUrement may, t the option of the m Manager In its soieul m ti n, result in an immediateuse nW f the construction of the Program Improvements on the W The Property Owner will be liable to the County for all direct and indirect associated witalterations and damagest thereto. 19. Pre and Post-Construction Noise T stingy constructiont- noise testing is a very important Program process that is designedt measure and t the actual achieved noiselevel reduction level at treated properties. If selected by the Programr for - & post-constructlionnoise testing, the Property r agrees to provideto their property for testing mm agrees to not to It t ry to the Interior of their property (with the exception repairs of Deficlendes) from me of the pre-construction noise test to the_pq m t test. _effort t insure consistent icollection, the Property Owner also agrees to preserve the interior l t of furniture, floor coverings windowand treatments from the time f the 12re-construction noisetest to the post- construction n_ test. The Property Owner understands that the failure to adhere t this requirement may result in corruptionf the noise testing t W Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing t in the event these requirementsnot met. 20. Cooperation. As reasonably requested, the Property Owner shall cooperate Wth the Contractor, the Program Manager and MonmeIn the performance f all phases of the ProgramImprovements including, not limited' to, the m reinstallation of rugs, wall hangingsfurniture er Noise Inmiationt Page 7 of 28 21. Utilities, The Prop" Owner shall permit the Contractor to use, at rio cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. 22. Deslon and Bid Process Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email andlor letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal Inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property survey, design survey, hazardous material inspection, pre-noise testing and pre-bid visit. In the event the Property Owner falls to provide access to the Property for all required NIP Design and Bid Process visits, the Property Owner shall be removed from NIP participation. 2& Pre-Construction Access., The Property Owner agrees to provide access to the Property forty-eight ours prior to the scheduled start of NIP construction. This short visit will provide the Program Manager with the ability to ensure that the Property Owner has rnet all furniture storage responsibilities. Failure could resAlt in the suspension of the scheduled NIP construction and the Property Owner all be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereta. 24. Pre and Post Construction Access. At scheduled times and/or upon not less than twenty-four (24) hours advance notice (via NIP email andlor letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required NIP Pre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, review of Designated Storage Space requirements, post construction inspections and post- construction noise testing. In the event the Property Owner falls to provide access for all required NIP Pre and Post Construction visits, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 25. Construction Period Access. Upon award of NIP construction contract, the Contractor will provide the Prograrn Manager with their final construction schedule, which will include the required number of calendar days to complete the NIP construction in each of the participating coridominlurns. Based on this schedule, the Program r® will assign each Property Owner with a designated number of calendar days in which construction will occur in their condominium. The Property Owner agrees to relocate from their condominium fbr the entire assigned time period. In 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 it to provide access for their assigned construction time pedod, the Property Owner shall be removed from NIP __............ ................. .................. ........__................ Ptoperry O�mer Noise Inndation Agmement Page 8 of28 participation and the Property Owner shall be liable to theand/or Contractor for any and all resulting damagesand all direct andindirect related thereto. . Construction Period Extensionto Hurricanes, i the I _,..nnnnnnnnnnnn. ,- construction period ill extend into the Key West hurricane season, there is potential for construction delays and/or stoppages, beyond the control of the Contractor, in the event f a threat of an approachingand/or an actual hurricane event. Due to this possibility, the Property Owner understands that delays may occur in addition to their originally assi ne ion time period, without any fault r cost to the Contractor and Program Manager. Furthermore, the Property Owner agrees to relocate from their condominium r all additional calendar days resultingI st ion work stoppages due to a hunicanethreat or event at no cost to the County, Contractor and/or Manager.Program In the event the Property Owner falls to provide the required additional access to their condominium due to hurricane-relatedstoppages, the OwnerProperty shall be removedI rtici ti and the Property Owner shall be liable to tand/or Contractor for any and all resulting damages and all direct and indirect sts related thereto. . i _ri Vey of Pro-Existing Deficiencies DuringConstruction. In the event the Contractor discovers pre-existing deficiencies at the Property duringthe I construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remedlate such deficiencies in an effort to reduce any negativeimpact on the scheduled tru ion period. Owner understands that, depending on the timing h pre-existing icirepair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. I f U uili Conditions on Construction Schedule. hOwner understands that unforeseen building conditions that may arise during the NIPion may havethe potential to increase the original scheduled u i construction, which is not the fault of the Program Manager nor Contractor. The PropertyOwner needs to planforte "worst-case" possibility that the odginally-schaduled construction completion date may be delayedadditional days due to unforeseen iliconditions that may arise and complicatethe I construction. s andBlinds. The OwnerProperty understands that, after the installation of new NIPacoustic window doors, the existing iand/or door treatments, nd blinds may not be compatible nor able to b re-installed e to size differences the new and existing i n doors. 30. Existinq Crown Moldhg,,.. During the installation of the new acoustic windows and doors, the NIPill be providingn n replacement interior trim andsills. The Property Owner understands t the NIPreplacement trim ill not match cand/or specialized crown moldingpatterns and/or custom window and door trim. After the completionthe NIP modifications, the Property Owner will have the ability to make modificationsthe NIPinterior trim t their own expense. _........................... OwnerProperty Noise Instdation Agreement Page 9 of 28 1. CommunipelfLon R�ei ts. The Property Owner agrees read and review all NIP emallsand/or letters in a timely siwhich are being provided y the NIPto ensure scheduleconformance. In the event the Property Owner falls to most this requirement, it could result in removal from NIPparticipation. . Title Examination. The Program Manager has obtained or Y411 obtain, at its sole cost and expense, an 'Abstract of Title" to ensurethat the Property title is free from liens and/or title defects. 3. Cooperation in Clearingit rior to the commencement o construction f the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct anytitle defects affectingthe Property which are disclosed by the "Abstract of Title" and in the solet in i the County may serve t invalidate the t, and (ii) secure the written consent of any and all mortgage holdersto the Property Ownees conveyance of the Easement to the Countyif the County determines that it is necessaryr desirable t (collectively, the "Tit/ Matters"). I , prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affectingthe Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. . Federal _Assurance. s i the Federal Aviation Administration, r agrees to the followingvisions: a. The Property Owner shall subject the construction work on the projectto such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested y the Program Manager and/or Monroe County. Afterb. final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance andoperation of the items installed, r constructed under this Agreement. Neither the Federal Aviation Administration nor the Countyany responsibility for maintenance and operation of these items. . Reduction of Fresh Air Infiltration'. The Property Owner will be required to sin Exhibit E (Ventilation Hold Harmless Agreement) which imputes II responsibility to the Property Owner for the proper maintenance of interior moisture humidity levels. 3 . Salvage of Materialsequip If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owners sole risk expense.and The Countyu o responsibility for the conditionf the material, equipment or surrounding surfaces as a result of the owner-requested salv . The Propertyner and the Contractor shall, prior to the commencementf construction, agree upon and executedocument listing those items to be salvaged. In the absent r Noise Insulation Agreement Page 10 oft of such a written agreement, all items ll become the of the ntr r. Materials n equipment not listed for salvage by the Propertyr shall become the property of the Contractor. w EroRerty Insurance. ng Program construction period, the Contractor will provide builders risk insurance fbr the . The Property Owner shall have the option, at the Property Owner's soie cost and , to maintain homy insurance lip for the durationof the construction of the Program Improvements. The Property Owner understands that, fDliowing final completion, the Contractors bulb is risk insurance Ill cease, and It Is I l r the Property Owner to obtain insurance to cover any value added to the rt the Program. . Timing and Effects Construction. T r understandsthat t I _u that construction Its may exceed the Contractor's original projected construction time rl . The Propertyr also understandsthat the construction may involve u tl 1 inconvenience and comul te signfficant quantities t and debrision of the Property I hm bl 1 r extended peflods of time. Labor39. _and Material Release. The Property r releases fbrever discharges any and all claims, suits and actionsagainst the Program Manager; the County and its officers, l nts, consultants; and contractors suppliers with respect to issues 1 tln to the conformanceof labor, materials amid acoustic designs utilized in the Program Improvements. thin in this r hm shail limit the warrantiesfor materials and workmanshiplrm in the nit °th the general contractor. 40. Sale of PrnnArtv. in the event the Property Owner sells, conveys or otherwise transfers title to the for the completion of all phases of the process,Program the Property Owner hereb,y agrees to proAdethe r with a copy of this Agreement prior to the closingthe sale, conveyance or other transfer, and to transfer all of the r' responsibilities ll dorms under this Agreement to the buyer as a conditionof the purchase, r other transfer of the t. Waiver. waiver f, I in, r t t of any term, vex „�. __ __ t r ltl hereof shall be construedr constitute, a waiver of, acquiescence in, or consent to anyother, further r r succeeding breach the same or any other te rmmm, covenant o r co nd fflo n hereof. ar Release of Easement. In the event that this Agreement I cancelied ior the a nt determines that the Easement should be rel f the r, upon writtenrequest by the , shall pay to the met the sump of One Hundred Dollarsto cover the sty of the tl recording of the Releaseof Easement doicument in the 11 records of Monroe County, Florida. Propsrty Omer understands thiat It is the Property Owner's responsibility to ftiure such payment is in order to "clearp the title to the Property. Propeny Owner Noise Insulation Agmement Page112 43. Authority to Execute On Behalf Of Cqqpty, By Resolution . 111- , duly motioned andpassed t a lawfully nc public meeting, the Board of County Commissioners of Monroe County, did, on the 1 r day of March 2004, grant full authority for the County Administrator to executethis Agreement on behalf County without r action by the Board of CountyCommissioners. . Attachments. Attachments to this Agreement include the following, hick are incorporated into this Agreement by reference. a. ExhibitPolicy Statements. b. Exhibit : Legal Description c. Exhibit : Program Improvements. . Exhibit D: Dfi iency Hold Harmlesst e. Exhibit : Ventilation Hold Harmless Agreement General45. Conditions. a. Governing_Law, Venue, Interpretation, _, and Fees. (1) This Agreement shall be govemedy and construedi accordanceit the Laws of the Floridalic Ie to contracts made and to be performed ti l in the State. ( ) In the eventthat any cause of action or administrative proceeding is instituted for the enforcement or interpretation f this Agreement, the County andOwner agree that venue will lie in the appropriateu r before the appropriate administrativein Monroe County, Florida. ( ) The County and Property Owner agree that, in the evento conflicting interpretations of the terms r a tenn of this r between any them, the issue shall be submitted to mediation prior to the institution of any other administrativer legal proceeding. ( ) The County and Property Owner agree that in the event any causeion or administrative proceedingis initiated r defended by any relative to the a r interpretation this t, the prevailingII be entitled to reasonableattorneys' fees, court costs, investigative, and out-of-pocket n s, as an award againstthe non-prevailing party. Medi tiproceedings initiated e pursuant to this Agreement shall be in accordance with the Florida ! s of Civil Procedure and usual and customary procedures required circuit oun . b. Bind!n e terms, covenants, conditions, visions of this Agreement shall bind and inure to the benefit of the County and Property Owner and it respective legal representatives, successors, sins. o' ltY e t Page 12 of2 . mv„ v fty If any term, v n t, condition or provision of this Agreement ( r the applicationthereof n circumstance r n) shall be declared invalid r unenforceable n t by a court competent jurisdiction, the remaining terms, covenants, conditions andprovisions of this Agreement shall not be affected thereby, and eachremaining v n n , condition and provision of this Agreement shall valid shall be enforceableto the fullest extent permitted by law unless enforcementthe remainingteans, covenants, conditions n visions of this Agreement would preventthe accomplishment of the original intent of this Agreement. d. orit . Each party represents and warrantsthe other that the execution, delivery andof this nt have been duly authorized by all necessary County Owner action, as may be required1 . e. Duration of Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to executionby the PropertyOwner and by the CountyII remain in effect for a periodl ui the Program Improvements (t "), except as may be sooner terminated i accordanceth the provisions of this . . Acceptance_ of Gifts. ants, Assistance Funds, or . The CountyOwner agree that eachshall be, and i , empowered to accept for the fit of any or all of them, gifts, i funds, bequests to be used for the purposesthis t. g. Claims fr Federal or State Aid. The Countyr agree that each shall be, and is, empowered to applyr, seek, and obtainI and state funs to further the purpose of thisprovided that all applications, requests, gt proposals, and funding solicitations pe r shall be approved y the Countyprior to submission. . Adiudication of Disputer Disagreements. The County and OwnerProperty agree that all disputes anddisagreements h II be attempted to be resolved by meet and confer sessions between representativesof each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then party shall have the right to seek such reliefr remedy as may be providedi Agreement or by Floridalaw. i. Nond is !nation. oun r agree that there will be no discriminationi a n, and it is expresslyunderstood that upon a determinationcourt of competentjurisdiction that discrimination occurred, this Agreement automatically terminates wiot any further action on the part of any party, effectiveh t the court order. The County and Property Owner agree to comply with all Federal and Floridastatutes, and all local ordinances, as applicable, relating to non i cd i nation. These include not limited : (1) Title I of the Civil Rights Act of 1 ( .L. ) which prohibits discrimination on the basisfor or national origin; ( ) Section 504 of the Rehabilitation , as amended ( U.S.C. s. ), which prohibits discrimination on the basis of handicap; ( ) The Age Discrimination Act of 1 ( 1 1- 1 ), which m NI --------------- --____ er Noise Imulation Agmement Page 13 of 2 prohibits discrimination on the basis o ; ( ) The Drug Abuse officeTreatment Act of 1 .L. - ), as amended, relatingnond iscri m!nation on the basiso abuse;drug ( ) The ComprehensiveAlcohol Abuse AndAlcoholism ve i , Treatment and Rehabilitation1 ( .L. 1- 1 ), as amended, relating nondiscrimination on the basisof alcohol abuse or alcoholism; ( ) The Public Health Service1912. , (42 U.S.C. 290 dd-3 and - ), as amended, relating nfi ti I° of alcohol and drugt!ent reco s; ( Americans With Disabilities Act of 1 ( 2U.S.C. s. 1201 Note), as may be amendedtime time, relating to nondiscrimination on the basis of disability; ( ) The FloridaCivil Rights Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), as y be amendedtime i I tin to nondiscrimination; ( ) The Monroe County Rights inn (Chapter 1314, ArticleIII Sections 1 -1 1 through 1 -1 ), as may be amended from time to time, relating nondiscrimination; a (1 ) any other nondiscrimination provi ions in any federal or state statutes or local ordinances is y apply to the parties , or the subject er of, this Agreement. j. Cooperation. In the eventii t iv r legal proceeding i instituted is either party relatingto the formation, execution, performance, or breachof this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substancethis Agreement or provision of the services under this Agreement. The Countyr specifically agree that no party to this Agreement shall be requiredto enter into any arbitration proceedings relatedhis Agreement or any Attachment or Addendum to this Agreement. k. Books,, Records. Documents. The Countyn e y Owner shall maintain books, records, and documentsdirectly a inent to performance under this in accordanceit !ly accepted accounting principles consistently li c to this Agreement or their authorized representatives shall have l timely to such records of each other party to this Agreement for audit purposesduring f the Agreement and for four years following i i this Agreement. I. Covenant of No Interest. The CountyProperty Owner covenant that neither presently has any ! trest, and shall not acquire anyinterest, hick would conflictin any manner or degree withits performance under this Agreement, and that only interest o iv benefits recited in this . m. Code of Ethics. The County agrees that the officers employees the Countyrecognize n ill be requiredto complyi the standards of conductI tin o public officers and employeesdelineated in Section 112.313, Floridatutes, regarding, butnot limited , solicitation ordoing business it one's unauthorized compensation; misuse f public position, conflicting employment r contractual relationship; and disclosurer use of certain infbn,nation. ...... ....................... ......... ------- . ...... ........ er o' fon t of 28 Sol icit tint e . The Countyn ner warrant that, in respect to Itself, it has neither employed nor retained any company or person, other than a bona fide l in solely for i , to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, r firm, other than a bonafide lye rin solely for i , any fee, commission, gift, or other consideration contingento r resulting from the award or 'making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the Countyshall have the right to terminate this a t without liability its discretion, t from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public c nty and Propertyr shall allow and permitI o, and inspection of, all documents, papers, letters, or other materials j to the provisions of Chapter 119, Floridatut r received the County and Property Owner in conjunction with thiset; and the County II have the right to unilaterally I this Agreement upon violation of this provision by the Property Owner. Public Records Compliance. Property Owner must comply with Floridapublic laws, including but not limited to Chapter 119, Florida Statutes and Sectionit I of the Constitutionf Florida. The County and OwnerProperty shall allow and permitI ccess to, and inspection of, all documents, records, papers, letters or t r n ulic record" materials in its possession r under its control subject to the provisions of Chapter 119, Florida Statutes, and made r received by the County andProperty Owner in conjunction with this contract and related to contract performance. The Countyshall have the right to unilaterally cancel this contract upon violation this provision by the Property Owner. Failure of the OwnerProperty to abideby the terms of this provision shall be deemed a material breachi the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailingparty, be entitledreimbursement of II attomey's fees and costs associated with that proceeding. This provision shall survive termination or expiration of the contract. The Property Owner is encouraged to consultit its advisors about Florida li s Law in order to comply ill this provision. Pursuant t . 119.0701 and the terrns andconditions this contract, the Property Owner is requiredt : (1) Keep and maintainpublic records that would be requiredby the County to perform the service. ( ) Upon reoelpt from the County'ss i n of records, provide the County with a copy of the requested records or allow the records to be inspected or copieditin a reasonabletime t that doesnot exceed the cost providedin this chapter or as otherwisevide law. ( ) Ensure that public records thatexempt or confidential and exempt from public co i closure requirements are not disclosed ti.................--- mm. -- �l OwnerPropeny e Insulation Agmement Page 15 of 28 authorized law for the duration of the contract terrn and followingcompletion of the contract if the Property Owner does not transfer the records to the County. ( ) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be requiredthe Countyto perform the service. If the Property Owner transfers li public records to the County upon completion of the contract, the PropertyOwner shall destroy any duplicate public records that are exempt r confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the OwnerProperty shall meet all applicable requirements for retaining public records. All records stored electronically must be providedto the County, upon request from the Countys custodian of records, in a format that is compatiblewith the information technology systems of the County. ( ) A request to inspect or copy public records relatingto a County contract t be made directlyto the County, but if the Countydos not possess the requested records, the County shall immediately ti the Property Owner of the request, and the Property Owner must provide the records to the Countyor allow the records to be inspected r copied within a reasonabletime. If the Property Owner has questions regarding the application o Chapter 119, Florida Statutes, to the Property Owners duty to provide public records relating to this contract, contact the Custodian of Public Records, BrIanBradley t (3 ) 292-3470. p. Non-Waiver of I uni!y Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participationthe Countyand Property Owner in this Agreement and the acquisitionf any commercial liability insurance coverage, self- insurance cov , or local government liability insurance of coverage shall not be deemed a waiver of immunity by the County to the extent of liability v , nor shall any contractentered into by the County be requiredto contain any provision for waiver. . Privileges and Immunities. All of the privileges and Immunities from liability; exemptions laws, ordinances, le ; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, ents, volunteers, or employees of the County, h i their respective functions under this Agreement within the territorial limits of the Countyshall apply to the same degree and extent to the perlbrmance of such functions and duties of such officers, agents, volunteers, or employees outsidethe territorial limits of theCounty. r. legal, 0 _llc ati ns and Responsl4:11itles; el io of Constitutional or S Duties. This Agreement is not intended t , nor shall it be construed as, relieving participating entit bli ti r responsibility imposed upon the entity law except to the extent of actual and timely thereof by any other participating eni , in which case the performancea in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construeds, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, ..... r Noise Imuladont Page 16oft statetut law, and, specifically, the provisions of Chaptersand 163, Floridatit . W ,NNon-Reliance Non-Partles. No person or entity shall be entitled to rely r , or any of them, of this meat to enforce or aftempt to enforcethird-party claim r entitlement to or benefit of any service or program contemplated hereunder, and the unit r agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to Worm, counsel, t indicate that any particular individual or group of individuals, n tl r entities, entitlements r benefits under this Agreement separaten apart, interior t , or superior to the communityin general or for the purposesnit 1pl t in this t. t. st u & l r r cute such documentst unit reasonably l In the performance the obligations and duties of the County or Property Owner under thls Agreement. asPersonal Liability. �covenant r t contained in Pe shall be deemed t6 covenant or agreement of any member, officer, agent or employee in his or her individual capacity, and no member, officer, agent or employee of Monroe Countyshall be liable ll this nit or be subject to any personal liability r accountability by reason of the tl this Agreement. v. Execution in Counterparts. This Agreement may be executedIn any number of counterparts, each of which shall be regardedrl l 1, all of which den together ll constitute one and the same instrument and any of the parties heretocute this rat by signingsuch counterpart. Agreementw. Section Headlngs. Section headings have been inserted in this as a matter of convenience of r 1 , and It is agreedthat such sectionIn t a part of this r t and will not be used in the interpretation ot any provision of this Agreement. .......... _.... _® Property Owner Noise 1 'o t Page 17 of 2 IN WITNESS , the Propertyr and the County have executed this Agreement as of the day and year first above written. .. _........................ ..............._.........._._._.. WITNESSES: PROPERTY OWNER: i A s� w i,in ` h ., '., ix saint Printed Jame f Printed Name tignature Date 00 PPrinted me ` WITNESSES- PROPERTY OWNER: r pl me m � t Printed Name u , iDate u r � r awn Printed Nam •; i• � ° _ F COUNTY COMMISSIONERS: k r MAYOR 1 I = Sylvia J. Murphy k#,yi.N-.mAbb*P CLERK y. 'S, Deputy Clerk Signature i E GOUT T_ATMEINEY ®� Property Owner Noise limlation Agreement `s �- P a 18 of 28 PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. r--Conditioning: WhileGeneral providing ductless "mini- split" t tcondominiumT �a part of the NoiseInsulation modifications, the followinglimitations and rest ` i il1 apply to all condominiums: 16 All condensing unitsit installed the balcony i refrigerant lines i 1 r i it ill be installed consistent withi , maintaining a maximumheight of 48 inches. 3. i condensate lines it installed on the buildingr consistent with Board policy 1 i level of consistencybuilding architectural aesthetics. ® All interior AC lcondensate, electrical) and Energy Recovery Ventilator ®li be housed in new vertical wall and comer pilasterswhich ill be constructed to matchthe qualityexisting 1 6 The number and locations of the now vertical wall and comer pilasters will differ depending on your unique condominium r plan and number of bedrooms. The NIPit ill review this information it t your NIP Designi i . Only electricali l that are determinedManager to deficient will be replacedthe Program as a part of the NoiseInsulation modifications. B. Window Sill placement. Due to the presence of asbestos, the NIP will provide now custom wood surround a ill instead oftexisting gypsum board surround. Due to thisE E , existing custom sills ( , ill not be replaced. This revisionwill be an improvement, while decreasingconstriction improving time i i a asbestosC. Custom Crown Molding and Baseboards Restrictions The new t requirements ill restrict the abilityto remove existing customtrim r to constructiong which will not allow i 1 for the tr r to secure custommatched replacementd Therefore, existingi i , wall tdm, and base, the contractor ill, instead, cut the existingtrim the face of the new pilaster or thru wall illl® At new pilasterl i , if the thru wall ac infill abuts the existing baseboards, t r willinstall a standard ( - paintedtrim to abut the existing tri , rather than attemptingto match the existingtrim profiles and materials. r the completionf the NIPconstruction, the property owner will Exhibit - r Noise Ihmiation Apwment Page 1 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 Florida hunricane impact and water infilt ti ilding codes, all new aluminum acoustical pdme entry swinging doors and sliding glass patio door's will have thresholds that are considerably higher (frorn 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 ll , random exterior stucco samples wera coected 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 of the NIP constniction 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, - calling cuts required for installation of the ductless AC, - wall cuts required for the installation of the ductless AQ . construction of vertical wall pilasters required fbr installation of the ductless AC system & ERV ducts, - construction of closet soffit for installation of the ERV. F. Asbestos Abatement Requirements In the event any samples show a presence of asbestos containing matedal (ACM), the awarded NIP contractor will be required to perform the following abatement requirements dudng construction: If sarnples, show a presence of ACM < 1% The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. ............ .......... Exhibit A-Property Ovmer Noise Insulation Agreement Page 20 of 28 .If pl s ce of ACM '1% The NIP contractor will be requiredto perform 4 full asbestos abatement prooedures as directedthe Environmental Protection Agency(EPA)to include: Construction of ACM containment barders in all areas (walls, ceilings, closets, i s), approximately 4 feet from all walls and areas impacted by the NIPific io . Abatement and bagging o (resulting liti s) by certifiedtos abatement staff. ir sampling of containment areas and clearance of aII areas by certified asbestos t t staff to allowto containmenty traditional (non-abatement)workers. - THC will be requiredto provide executiveoversight of all ACM abatement processes in all condominiums throughout the NIP construction process t ensurer compliance with federal and statei li . - The presenceill have a significant impact on the NIPion process, lengthening the construction period andincreasing the sequencing and coordination i contractor crews. Given the cost to providei t , the ill require THC to developi n r ion plan that minimizes the disturbance of ACM to enu the minimizationconstruction costs, duration, and liability to the contractor and KWBTS propertyowners. This plan will result in new property owner requirements and designrestrictions which are outlined below. H. KWIBTS BOARD '!y of Desig.n._Decisions. The KWBTS Board will have t he Authority k ve l of the Program designci i s to include: 1. Acoustical Window and Door Material 2. Acoustical Window andDoor Color and Hardware Finishes 3. Acoustical Window andr Operational Styles . Interior Ductless "Mini-Split" AC System Installation Requ 5. Interior Ductless "Mini-Spilit" AC System Interior it Design and Placement 6. In-Filled itchDoor Policy Treatment .......... �..... _ . DESCRIPTIONLEGAL Exhibit To Homeowner Noise Insulation Agreement Condominium it Q CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together withundivided t in the common elements, according the DeclarationCondominium in Official Records Book 589, Page 370, as amended from time time, Public Florida. _..... Exhibit B-Propeny Owner Noise Inmiation Agrement Page 2 ,f 28 PROGRAM IMPROVEMENTS Exhibit NoiseTo Homeowner i This Exhibit C representsthe Program Improvement c r an eligible o that includes the Program Improvements velo the Program Manager to reduce the interior environment of a property by a minimumof five (5) decibels. typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging PrimeDoor(s) Replacement Aluminum Acoustical Sliding Glass PatioDoor(s) ................ _e _........ i it C- eny Oymer Noise Insulationt Page 23of 2 DEFICIENCY Exhibit To Property Owner Noise Insulation 1. In partial consideration of the compensationi n behalf of the County for the Program Improvements descdbed in the Agreement of even date herevVdh (the "Agreement') between the County and Propertyr and to whichthis Exhibit Q is attached, the undersigned, ibr and on elf of the undersigned and the heirs, personal representatives, successors, n assigns of the undersigned, fbrever releases, remises, discharges, indemniffes covenantsnot to sue, institute claims against, or institute any proceedings i , the County, or any of its agents, officers, employees, for contractors concerning any and all claims, demands, damages, actions or causes of action o whatsoever kind andto account it injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned r their respective heirs, personal representatives, successors n assigns in connection with any and all Pre-Existing ici nci (the " efici nci ") against said County or any of its officers, agents, employees, consultants and/or contractors legally liable. . The Property Owner understands ands full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. . The Property Owner understands that the Deficienciesinclude any deficiencies In the Property at the time execution this a ich could include, limited violations, structural damage, water l moisture damage, hazardous materials, infestation for any issue that would negatively impact the installation and performance the Program Improvements. . If visible, the Property Owner understands that the Program Manager may identify and documentDeficiencies time throughout the Program pmeass (including i i construction ). If identified n documented, the Program Manager will classify the observed Deficiencieseither"Minor r"Severe". 5. The Property Owner assumes full responsibility fbr the worsening of any documented inr Deficiencies. 6. In the rare event " vere" Deficiencies are Identified ri the design process, the Propertyr agrees to completes i to the t the acceptance of the Manager, as a precondition to thecommencement of construction of the Program Improvements. In the rare event that "Severeu Deficiencies are uncovered ri the construction period, the Property Owner agrees to complete i i -Proper&Owner NoiseInsidation Agreement Page 24 o t necessary i the Property, to the acceptance of the Program Manager t minimize n delay or stoppages of . . The undersigned s II of the l hold harmless andindemnity visions set forth in Paragraph 1 of this Exhibit Q apply damage,property injuries, th , or damages arisingDeficiencies for all negative impacts that later result after the addition of theImprovements. The provisions of this E01bit Q shall survive the terminationr expiration of the Property Owner Noise Insulation a nt. 8. The undersignedthe terms and provisionsthis Exhibit _ shall be binding upon, inure to the benefit of the undersigned n their respective heirs, on I representatives, successors assigns. ER- r w Signature LUM 1= �s r Prin d Nam ,'— ,x .. - Printed Nam Date e ,n, PR 9PERTY OWNER: re L � 1 Pr1�IC Prin.e-J ame Signature Printed Name Date IT .,_.OWNER: Signature igna Printed Name y I ____��... rt Name SignatureV Date j printed Name .... .... ......._. ........ Exhibit -Prop&V Ovvner Noise Insulation a nt Page 25 of 2 IVIENTILATION Exhibit NoiseTo Property Owner i 1. In partial consideration of the compensationi eal of the County and the Program for the Program Improvements to be made to the Property described in the Agreementv t h (the "Agreement') between the County and Property Owner and to which this ExhibN E is attached, the undersigned, r and on behalf of the undersigned and the heirs, personal representatives, successors, assignsundersigned, forever releases, remises, discharges, indemnifies and covenants not to sue, institute claims against, or institute any proceedingsagainst, the County, or any of h agents, officers, loy consultants and/or contractors concerning n and all claims, es, actions or causes f action of whatsoever kind and nature c unt of bodilyinjuries or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue the undersigned or their respective helm, personal representatives, successors and assigns in connection with any and all Ventilation ( ici ci ") against said Countyr any of` cers, agerTts, employees, consultants and/or contractors to be legally liable. 2. The Improvements may include the addition of acoustical Windows and doors, removal and ifilli f "through-wall" portable air conditioner units and theaddition of a replacement ductless "mini-split" it conditioning system. o these modificationsill result in a tighter interior environment due to the elimination II passive inside / outside air leakage that was naturally occurrin in all openings, the Program ill also include addition of a energy recoveryventilation ( unit which ill provide an adequateexchange inside / outside it to the condominium required by building . 3. Given the tightened interior environment of the treated condominium, the OwnerProperty agrees to assumefull responsibility for the proper operation of the new Program ductless AC systemenergy v ventilation ( unit to avoid potential for mold andmoisture problems, especially durin ri the condominium is closed and uninhabited. 4. Due to FAA eligibilitylimitations, the Program will not be providing bathroomexhaust fan treatments. i t tubs and/or showers are a source of moisture generation in the interior environment of a condominium, the Propertyr agrees to assumefull responsibility for ensuring that all bathrooms haveoperable bathroom exhaust capable f properly exhaustingbathroom moistureto the exterior of the building. It should also be noted that the original KWBTS condominiums constructed i s small wall vent that was designed to allow the passive exhaust o ir�i it - nr l ' of Z bathroomoit in a central building exhaust shaft. During the Program design survey processit was discovered the KWBTS buildingslack solid central building exhaust shaft. Duei itincondition, these original wall vents (if stillpresent) have the potential to provide a pathwayfor unwanted air, smoke and/or gases into the condominium interior. The Property Owner agrees to assumefull responsibility for the sealing of original wall vents in all bathrooms and for any and all negative impacts that resultmay if left untreated. 5. It is clearlya building code violation to duct laundry dryer exhaust to the KWBTS central exhaust . In the eventr has incorrectly ducted their laundry r vent the KWBTS central building exhaust , they agree to correct this deficiency y properly exhausting it laundry dryer exhaust in an alternative a that meets current buildingtheir cost before the initiation o the Program construction process. Furthermore, the Property Owner agrees to assume any and all liability I t the improper ducting of their laundry dryer exhaust. 6. The Property r understands that the Program Improvements will not address kitchen and bathroomventilation andfor excessive interior humidity levels Ownergenerated by the Property within the interior of the condominium. The Property Owner understands e full responsibility for maintenance of interior moisture and humidity levels. The Property Ownera ssu full responsibility for any occurrence, reoccurrencer worsening of moistureI and/or interior humidity levels in the . In addition, the Property Owner agrees to assume full responsibility r the maintenancen ti of the NIPventing o ' is ti r completion of the Improvements. . The undersignedacknowledge n II of the release, hold harmless indemnity visions set forth in Paragraph 1 of thisExhibit E apl injuries, , or damages sustained in connection with or as a result of any andII Interior ventilation deficiencies ri in r the additionthe Program Improvements including, not limited to, high humidity, mold, mildew,-and/or lack of proper exhaust ventilation. visions of this Exhibit E shall survive the terminationor expiration of Propertythe r Noise Insulation Agreement. 8. The undersigned he e that the terms and provisions of this ExhibitII be bindingin fit of the undersignedtheir respective heirs, personal representatives, successors ins. PROPERTY OWNER: Wgriature Signal ;in 1-1 Name .off er k Printed Nar`r e S5 � Sign DataPrinted Name I Exhibit -Property Owmer Noisen Agreement Pqge27qf28 __.._.._.._.._......- ___u................... _ WITNESSES: r Sig ri Printed Name SignaturePrinted Wa—mi— ....__ ....... — ........ r WITNESSES: PROPERTY OWNER: Signature l n F-rfnwdN AA�Auuuu,� I ....... w te Rrinted Name a .. ........ .... ... _.......... .._._......... ..... . Exhibit E-Property Owner Noise Insulation agreement Page 28 of 28