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09/18/2019 Agreement/Easement-C313 �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 el Rafffirn To. Heather P. Faubert Doe 0 2263765 BW 3019 po 9 NIP Assistant Project Manager Rwmlkd 407Y2020 11:29 AM PAP I of 4 THC, Inc. Dead Doc SbmT so 00 710 Dacula Rd., Suite 4A#315 Filed wd Reomded in OffieW Rftvz&of Dacula, GA 30019 MONROE COUWV MM MAW&CPA AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS fASEMENT AGREEMENT is entered into this eddy of by"JOANNE D. VANCE a/k/a JOANNE D. TEIXEIRA", hereinafter referred to as 'the Property Owner," in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS: A. The Property Owner is the fee simple titleholder to certain real property(Hthe Property") located in Monroe County, Flodda, more particularly described as follows- Unit No. 313-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, of the Public Records of Monroe County, Florida. also identified as street address: 112601 S. Roosevelt Blvd., it C31179 B. The BOCC is the owner and operatorof Key West International Airport("the Airport")and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of it exposure to aircraft noise compatible for residential purposes through the Implementation of a Noise Insulation Pmgram ("NIP"). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Pmperty Owners Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below 45 FIB 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 prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for said NIP will include funding from the United States Goverriment 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 Pmperty Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the .......... . ... .......... Key Wed IntwWonal Arport NIP--AvIgaflon Easement(Unit#C313) Page 1 of 4 NIP will benefit the r and the Property by providingi i !sound attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels least 5 dB and bringaverage interior noise level to in accordancewith Federal Aviation Administration policy. F. The Property Owner fully understands that the NIPli i ili l change to time, is currentlyon the 2013 Existingpion Noise acceptedthe 1 Aviation Administration ("t ") on December 19, 2013. G. The NIPill be administeredin accordance withthe current r 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 Sub Property through the I ,the receipti is hereby acknowledged parties, in consideration and incorporation into thisi ci Is t forth above, the Property Owner and the BOCC agree as follows: 1. The Property Owner on behalfthe PropertyOwner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and conveyto the BOCC, its successors sins, a perpetual avigation easement over the property. of the Easement shall include the right to generate and emit noise and to cause other effectsoci t with ti of aircraftover or in the vicinity of the property. This Easement shall apply to all such aircraftactivity at the Airport, present or future, in whatever form or type, duringi' n , on, to or from the Airport, and it being the intent of the partiesthat all such Airport activityshall be deemed to be included within the purviewof this . 2. This Easement shall be perpetual in natureshall bind and run withthe title to the property and shall run to the benefit of the r its successor in interest owner and operator of the Airport. . The PropertyOwner on behalf of the Property Owner, its heirs, assigns and successors in interest, doesf n all related partiesf the , including t not limited to BOCC members, officers, , employees lessees, from any and all claims, demands, debts, liabilities, attorney'attorney's fees or causes of action of everykind or nature for which the Property Owner or its heirs, ssi , or successors currently , have in the pastpossessed, or will in the futures, as a resultAirport operations or aircraft activities noiselevels reI to o or generated by Airportactivity, r may hereafter have as a result of use of thist, including not limited o damage to the above-mentioned property or contiguous property due to noise, and other effects of the tin of the Airport or of aircraftlanding or taking Airport. K - Int"o tl o Ii-�A I "'rt NIP- _Av.1' on E8 ent(Unk 313) ..— - . ..... .�Page ..1. of . This Easement expressly excludes and reserves to the r and to the Property Owners heirs, assigns s in interest, claims, demands, damages, debts, liabilities, attorneys' or e 's fee, or causes of action for physical r personal injury y any aircraftr part of any aircraftusing the Easement that does identifiable physi I damage to the property or injury to a person n the property by cominginto direct physical contact withthe property or the person on the property. 5. Should i t party hereto or any of their successors or assigns in interest retain counsel to enforce any of the provisions herein or protect its interest in anyr arising under this ent, or to recover damages by reason of any alleged breach any vision of thisprevailing II be entitledto all costs, damagesens incurred including, not limited o, y's fees and costs incurred in connection therewith, including ll t ion. 6. o provision of this Agreement is to be interpreted for or against any party becausethat party or that partys legal representative draftedsuch provision. This Agreement shall be interpreted construed accordingthe laws of the t f Florida. breachof any provision of this Agreement may be waivedunless in writing. Waiver of any one breach of any provision of this Agreement shall not be deemed to be a waiver of anyotherbreach of ther any other provision of this Agreement. This Agreement y be amendedonly by written instrumen t executed by the partiesin interest the time the oifi io . In the event that any one or more covenant, condition r provision contained hereinis held invalid, void or illegal by any court of competent jurisdiction, the II be deemed severablethe remainder of thisAgreement and shall in no way affect, impair or invalidate other provision hereof so long as the remaining vi ions do not materially alter the rightsobligations of the parti . I such condition, covenantr other provision shall be deemed invalid this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by 1 . 8. In the event the Airportshall be subdividedinto more than one parcel, or the Airportor portion thereofo bj to operation, management or administration in additionto or in lieu , then and in that event the partiesi same shall not terminate or otherwise affectthis Agreement so long ion of the Airport continues for standard airportflight purposes, and that any such successor in interest to the BOCC shall be entitledto all of the benefits running o the BOCC hereunder. . The Property Owner agrees that the Property Owner shall bear and be responsiblefor II costs of maintainingoperating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. Key West Intemational Airport NIP—Avigatlon E (unit 13) Pa I g®S of This Easement Agreement is executedthe date first . I PRO ERTY OWNER: PROPERTY OWNER: Sign p""Aure, Signature beau PrintedmPrinted me mm .. Date Date STATE C COUNTY C The r i Instrument was acknowledged before me t i' d � � � , � by � ! •mod � � i� a ......... — a, ri,ri,ris rt Pmperty Deer Name(s) l I'° L t _ - M ,OOMM1c i C r Public Sin r 01 CJ► RE COUNTY AR F COUNTY COMMISSIONERS: WITNESSES: ~/ , S �- ` Signature /Sig#ure n Printed Name r Printed Nam 3 Signature vt -aid Date Printed Name ��.{.�' �4-k� .dui. r�� .•'#.o' °f� k � i STATE F FLORIDA COUNTY OF MONROE The foregoing Instrument was acknovAedged before me this- = b ' Y s Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. I i y Commission ..::.. ..... ..... . No aignature I ntu ®m.. .................. A -T+F F F P;VRL PEDR(- 'M E CA Keyatlonal Arport NIP—AvIgation Easement(Unit 313) n�4-14 Page 4 of ,a t g r Address: Key West ky the Sea Unit No.: C.3 1 3 ..................................... Name(s): Tdxdra PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WasT INTERNITIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreemenr) 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 "Countyu), and the undersigned (the "Property Owner"). W I T IN E S S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certaI n real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West Intemational Airport (the nAlrpod:7), 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 Prop" as more particularly described 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 generaI contractor (the "ContractorP) to provide the installation of 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 receive the Program Improvements upon the terms and conditions provided herein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set ferth herein, and other good and valuable consideration, the receipt and I..._..._.._.. ...... ............. Pii-qpvV Omer Noise Insuladon Agmment Page 1 of 28 sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as fbilows: 1. Grant of Easement. Simultaneously withthe execution of this Agreement, the Property Owner executed and deliveredu avigation easement (the "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and is hereby ratified in all respects. 2. Program Policy Statements. Consistent ith the Program and/or Federal Aviation AdministrationAirport Improvement policies and procedures, the Program Manager has developed a seriesPolicy outlining construction eligibility s ions. The Property Owner understands that prescribed Improvements ill be consistent with the Program Policy Statements prvi the Propertyr by the Program Manager. A copy of the Program Policy Statements is attached i s Exhibit A. Payment3. of Program Improvements. The County agrees to pay for the Program Improvements described in Exhibitattached . The Program Improvements will be approved the Property r and County, Program Manager, and performed byte Contractor. 4. ins Cornp„Ntitive BidProcess. The Property Owner shall not i t interfere it t t is ability t l a n app ve manufacturers and subcontractors in the preparation of bidsubmittals. To insure competitive i vi t, the Property Owner is prohibitedhaving y discussion or communication withthe Contractor in relation to the Program, the contractor's bid, or this Agreement untie aftera the construction contract by the County. Failurethe Property Owner to complywith this provision shall, at the option of the County in its sole discretion, result in disqualificationfrom the Program and cancellation of this Agreement. 5. Construction Contract. The County will award the contract for the Program Improvements itent with Federal and Countycompetitive bidding lici and procedures. The contract will require the Contractor to completethe Program Improvements within iperiod defined the Program Manager. Post-Construction Responsibilities. The Propertyr shall meet all responsibilities andrequirements pertaining to both - t ion and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet all Pre-Construction requirements to include: (1) Removing all valuables (such as jewelry, ins, guns, antiques, heirlooms, etc.)from their condominium; ( ) Moving of all furniture and belongings into the "Designated Storagep c " within the condominium, providing the i "clear " (white .._ ._. Propery er Noise Insulation Agreement Page 2 of 28 space in sketch) for the Contractor. When doing so, the Property Owner will have the abIII ty to utilize the complete "floor to ceiling" space. (3) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area"; (4) Removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space Area"; (5) Removing all electronic and dust-sensitive it from their condominium or wrapping with protective poly before storing them in the "Designated Storage Space Area"; (6) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storing them in the "Designated Storage Space Area"; (7) Moving all small it and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongings stored in the "Designated Stomge Space Areas" back to their original positions in the condominium: (2) Moving of any excessive furniture and belongings back into the condominium; (3) Re-installation of all wall treatments, door treatments and waII hangings back to their original positions in the condominium. ® In the event the Property Owner falls to perform any and all of the above Pre-Construction responsibilities, 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. d. In the event the Property Owner falls to perform any and all of the above Post-Construction responsibilities, 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. 7. Impeding Construction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or alter construction schedules. In addition, the Property Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction chi dules. In the event the Property Owner or any tenard occupying the Property impedes construction or ............................Prop"Owner Noise Imulation Agmement Pw 3 of 28 alters the construction schedule, the n ll be liable to the Contractor and the Countyfor any damages and allit n undlrect costs related thereto. 8. Safe Working Environment. The Property Owner shall be responsible r providing a safeumn environment for the Programerg Contractor, subcontractors, suppHers, and C[ty, County, State and federal inspectors. . Throughout all phases of design and constructionf the Program Improvements, the Propertyr shall be responsible foral workingo nm unt that i m potential health risks, blohazard conditions, our chemicals, obstacles, weaponsf any i and/or explosives; Refraining buy r profanity; Refraining urn aggresslve physicalcontact; (4) Insuring that all pets are compleWy secured and contained. W In the event the Property r faUs to meet any of the foregoing conditions, the m may, at the County's discretion,County' be temporarily suspended at any time. In such unt, the m mn r shall notify the Property Owner In writing, stating the corrective ion and/or condition(s) requi to be completed r performed by the Property Owner prior to the County resuming process.Program . In t t the m is not resumed due to the Property Owner's faflure to completethe corrective action(s) r condition(s required by the Program Manager, the Prop" Owner shall be liable to the County and/or Contractor for any and all damages and all direct andIndirect trelated thereto. d. If the Program process is resumed, the Property Owner shall be HaWe to the Countyand/or Contractor for any andall damages andall direct and ulmn it costst to or caused by the temporary suspension of the Program process. 9. Construction urmmm the construction period, the r may experience unforeseen complications relatingto the Installation of the Program Improvements. The construction contract shall provide that delays relatedto these unforeseen l ti n the control of the Contractor and shall be excuse so that the time for completion may reasonaNy be extended. Construction schedules may m there is y In awarding of the nt t or if the Program Improvements have to be re-Nd in the event of lack of bidding contractorsand/or failure f the lowest responsive, l u r to executethe contract, m ym ant and performance n r show proof of required insurance. . �Changes to Scope of Work. The Program Manager reserves the right to make changesto the plansand i noun and the Program Improvements, at it ........ Pmperty Omer Noise1 of 2 sole discretion, time duringvie such changes not reducep or quality of the Improvements cri in Exhibit Q and such changes are necessitatedthe discovery of hiddenconditions not readily detectable ri I property inspection procedures. 11. Accepya„ v t , the Program Manager II inspect r cause the inspection of the Program Improvements to deter i if they were completedu terms of the contract. r r retains sole discretion tri conformanceissues as they relate to the Contractor, subcontractors, suppliers n is designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to the identified punch-list items. In addition, the Property Owner is welcomet attendthe Final Inspection. In the event the Property Owner elects to not attend Substantial Completion and Final Inspections, they releaseu n r their ability t provide input to the Construction Manager with respect to the acceptance Program Improvements. In the event there is a disagreement between the Property Owner and ther as to a conformanceor performance issue, the OwnerProperty shall be required to submit the discrepancyIn writingto MonroeCounty (representative 'ned before the NIP constructionprocess) within inspection giving rise o the discrepancy. Monroe County shall then make a determination s to the acceptabilityof the conformance/performanceissue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any oonformancelpertbrmance/issues. Failure by the Property Owner to submit the written complaint i i the timeperiod cif v shall thereafter foreclose the Property Owners right to file such complaint. 1 'Termination u�n . The Property Owner understands that the signingthis Agreement initiates both the BIDCONSTRUCTION the Program Improvements in accordancei the Program. Therefore, If the Property Owner attempts to terminate thist or otherwise impedes the progress of the performanceof the Program Improvements after the award of the construction contract, the Property Owner will be liable of r any all damages and all direct andindirect thereby. 1 . Warranties. The County does not represent or warrant the level of noise u ion that the Property Owner will experience withinthe Property as a result of the Program Improvements performed as part of the Program. Countya. The s that 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 as of thetime the work as provided for in . b. t the and of construction, the Program Manager will provide Property Owner with a Warranty & Final Closeout Package which will contain copies of the warranty policies, product instructions, si ou legal documents. As condition receiving the WarrantyFinal Closeout Package, the Property Owner . Peoperty Owner Noise Insulation Agreement Page 5 of2 must first submit a completed NIP Property Owner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Property Owner understands that the warranty policies for products used in the construction of the Program I nents differ among product manufacturers. In the event of claim, the Property Owner is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. c. In the event of a claim, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service, and agrees to look solely to the general contractor or the product manufacturer fbr fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty pedod from the Contractor or thereafter, (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty pedod from the general contractor has expired; (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty pedod for the product has expired. 14. Pre-Existinc A Deficiencies. The Property Owner will be required to sign Exhibit D (Deficiency Hold Harmless Agreement) which will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. Pre-Work R9gUi_Mrnent& The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The Property Owner will be required to complete al designated Pre-Work it utilizing their own funds and per the required deadlines as established by the NIP. In the event the Property Owner falls to complete the designat -Work it erns by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County aridlor Contractor 1br any and all resulting damages and all direct and indirect costs related thereto. 16. City of Key West ffHard-Wired" Smoke Alarm Reaulrement. In compliance with the City of Key West Fire Marshall and the City of Key WWs-i Building Department construction permit issuance requirements, the Property Owner YAJI be required to install 1 - It "hard-wired" smoke alarms in their condominium in .......... ——------- Aropeny Owner Noise Inm1ation Agmement Page 6 of 28 accordance with II applicable codes andregulations the requireddeadline established the NIP. y Owner will be responsibleto t the smoke alanns are notinstalled in same areas withinthe condominiumN.J.P. modification ill occur, to avoida tl l to-ft NIP constructl6n 2Lqcess. In the event the Propertyr falls to install the i t "hard-wired" alarmssmoke the establishedI lire , the Property Owner shall be removed from NIP participation. 17. Suspension r° Program' temporarily t any time during the I r°r r construction phases upon the discoveryf Deficiencies due to their potential impact Improvements t warranties. The Program process will not resume until the Property Owner has r all related problemsto the satisfactionof the Manager. In the t repairs are not completedin a timely r, the Property Owner will be liable to the Countyfor any and all damages and all direct andindirect costsr stoppages of the work 18. Limitation on Alterations t r AAAA�A�A�A�A�� agrees t to make alterations, or to permit any tenant ing any portion of the Property to make alterationsto the I I windows, doors and/or walls from the time the Iuntil the rr i the Prograrnimprovements r completed. ti to this I t in writingthe Program Manager. Failure to h to this i , att ti of the Manager in its soleI ti n, result in an immediate suspensI f the construction f the PrograrnImprovements on the Property. The Property Owner will be liable the Countyr all direct and indirect i t with t tl n relateddamages thereto. . Post-Constructioni ti g post- construction l testing is a very important Program process that is designedt measure and determine the I achieved noiselevel reduction level at treated properties. If selectedthe Programpost-construction noise testing, the Property Owner agrees to provideto their property for testing and agreest to make alterationsto the interior of their pmperty (withthe exception repairsf 9 t the time f the pre-construction noisetest t the Po construction I test. In n e rt to insure i t nt noise data collection, tip OwnerProperty also agrees to preserve the interior layout of furniture, r coverings windowand treatments r the time the pre-construction noise test too the pq@L- construction noise test. The Property Owner understands that the failure to adhere this i rat may result in corruption of the noisetesting t , the OwnerProperty understands they may be liable to the Countyr any directindirect noise testing t in the event these requirementsof met. 20. Cooperation. As reasonably , the Property Owner shall cooperate it1' the Contractor, the Program Manager and Monroe County in the performance f all phases of the Program Improvements including, but not limited t , the removal and reinstallationf rugs, wall hangings andfurniture _........._........ ........... ._...... _ .. Proper&Owner Noise lnmla&n Agreement Page 7 oft 1. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. . Design and Bidc scheduled timeand/or upon not less than twenty-four ( ) hours advance notice (via NIP email andlor letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, i t , State and federal inspectors sl the Property to collect anddevelop all final design and bidcu n . These visits could include, but not be limited t , property survey, design survey, hazardous material inspection, pro-noisetesting pro-bid visit. In the event the Property Owner falls t provide access to the Property for all required NIPDesign and Bid Processvisits, the Property Owner shall be removed from NIPparticipation. . Pro-Construction Access. TheProperty Ownera s to provide access to the Property forty-eight O hours 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 met all furniture responsibilities. Failure could suit in the suspensionof the scheduled NI construction 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. and Post Construction Access. At scheduled times and/or upon not less than my-four ( ) hours advance tic (Wa NIPall andlor letter) and per the establishedI ru ion schedule assignment, the Propertyr agrees to provide to the Program Manager, Contractor, subcontractors, pli City, State n I inspectors consultants s to the Property to provide all required NIP - t ion and Post-Construction visits. These visits could include, but not be limited to final measurement, pre-construction inspections, review Designated tSpace requirements, post construction inspections os - n t ion noise testing. In the event the Property Owner falls to provide access for all requiredI and PostConstruction visits, the Property Owner shall be removed from NIPparticipation r shall be liable tand/or Contractor for any and all resulting damagesall direct andindirect st related thereto. 25. Construction Period Access. Upon award of NIP construction contract, the Contractor will provide h Manager with their final construction schedule, hic ill include the required number of calendar pl t the NIP construction in eachthe participating condominiums. on this schedule, the Program Manager will assign eachOwner with a designatednumber of calendar in whichion will occur in their condominium. The Property Owner agrees to relocatefrom their condominium for the entiresin time period. I addition, the Property Owner agrees not t -enter their property for any reason during their assigned construction period due to safetyc n the potential to negatively impact the Contractor. In the event the Property Owner falls to provide access for their assigned construction time period, the Property Owner shall be removedI Propeny Owner Noise Insulation Agreement page 8 of 28 participationand the Owner shall be liable to the ourarid/or r for any and II resulting damages andII direct and indirect t related thereto. ® Construction Periodi to Hurricanes. i the NIP construction ri III extend into the Key West hurricane season, there is potential for construction I r stoppages, beyond the control of the Contractor, in the t of a threat of an approaching hurricane r an actual hurricane event. Due to this possibility, the Owner understands that delays may occur in addition to their odginally assignedconstruction time without any fault or cost to the Contractor and r. Furthermore, the Property Owner agrees to relocatefrom their condominium for all additional calendar days resultingfrom I construction stoppagesto a hurricane threat or event at no cost to the County, Contractor r Program r® In the t the Owner falls to provide the required additional access to their condominium due to hurricane-related work st , the OwnerProperty shall be removed from I participation the Property Owner shall be liable t r Contractor for any and all resulting damages and all direct arid indirect I t thereto. '. i of Pre-Existing: Defici I n1 Construction. In the even't the Contractor discovers pre-existingi i n i t the during the I construction that negatively impact the installation of the I improvements, the r agrees to immediately repait and rernedlateh deficiencies in an effort to reduce any negativeimpact on the schedUledconstruction Owner understands that, depending on the timing t pre-existing irepair, the NIP t iperiod to be extended, t no fault of the Manager or Contractor. 28. Impact of Unforeseen KWBTS BuildingConditions Construction Schedule. w r understands that unforeseen buildingconditions t duringmay adse the NIPconstruction the t ti I to increase the original scheduled durationof construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to planr tl• " t possibility that the odginally-scheduled constructioncompletion te may be delayed a few additional days due to unforeseen building conditionsthat may d complicate the I I construction. m Existing Window / Door Treatments. Shades aridBlinds. The PiDperty Owner understands that, after the installation ot new NIP acoustic window the existingr door treatments, shades and blip not be compatible r able t re-Installed to sizedifferences n the existing windows w i tI M CrownlVinidinn.. Dufingthe installation ot the now acoustici doors, the NIP will be providingn "standard" replacement interior trim ills. The Property Owner understands that the NIPreplacement trim will not match custom and/or specialized crown moldingerg and/or custom window and door t After the I ti of the NIPthe Property Owner will have the abilityto make modificationsthe I intedor t m t their own expense. ._...__ ...... ........... _............._._.....__ ._.................................................................... _,......... _ __ ,. NoisePniperty Omer limlation Agmement Page 9 o,j 28 31. Communication Reaulrements. The Property Owner agrees t read and review all NIP emallsand/or letters in a timelyion which are being provided by the NIPn c l conformance. In the event the Property Owner falls to meet this ui t, it couldsuit in removal from NIPicl ti . 3 . Title Examination. The Program Manager has obtained or will obtain, at its sole cost and expense, an "Abstract of Title" to ensure that the Property title is free from liens for title defects. 3 . Cooperation in QWgft ,,Tltle. Prior to the commencement of construction of the Program Improvements, r shall cooperate with County in order t (1) correct n title defects affecting the Property whichdisclosed by the uAbstract of Title" and in the sole determinationof the County may serve to invalidate t, and (ii) secure the written consent of any andII mortgage holders to the Property Owner's conveyance t Easement'to the County County determines that it is necessary or desirable to do so ( II iv ly, the "Title Matters"). I , prior to the commencement of construction of the Program Improvements, the County, in its solei s ion, determines that the Title Matters affectingthe Property may invalidate the Easement, this Agreement shall be null and void, the Easement shall be terminated. . Federal Assurance. As requiredi Aviation Administration, the Property Owner agrees to the following provisions: Ownera. The Property 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 s may reasonably be requested the Program Manager and/or Monroe County. Afterb. final completion of the Program Improvements, the Owner shall assume the responsibilityr maintenance and operationof the Items installed, h r constructed under this e i r the Federal Aviation Administration nor the Countyresponsibility for maintenance and operation these items. 35. 'Reduction of Fresh Air Infiltration. The Property Owner will be required to sign Exhibit E (Ventilation Hold Harmless Agreement) which imputes all responsibility the Property Owner for the r maintenance of interior moisture humidity levels. 3 lV t .. Is & Eq IpMe t. If t Ownerdesires to tin the material or equipment removed from the Property as a result of the Program Improvements, r shall arrange for the salvageof said materials uip t directly withthe r at the Property Owners sole risk and expense. The Countyno responsibilityfor the condition of the material, equipment r surrounding surfacesIt of the owner-requestedsalvage. The OwnerProperty and the Contractor shall, prior to the commencement of construction, agree upon and execute oc listing those Rams to be salvaged. In the . .... - ..... ........................................ �... PeoperV Oymer Noise .Insulation Agreement Page 10 of2 of such a written agreement, all items shall become the propertythe Contractor. Materials n equipment not listed for salvage by the Property Owner shall become the property of the Contractor. . Propertym Insurance. ri ion period, the Contractor will provide builder'srisk insurance r the Property. The Property Owner shall have the option, h erty Owners sole cost and expense, to maintain homeowners insurance olic for the durationthe construction of the Program Improvements. erty Owner understands that, following final completion, the Contractors builders risk insurance ill cease, and it is advisablefor the Property Owner to obtain insurance to cover any value the Property by the Program. 38. Tirritngauuaand Effects of Construction. The Property Owner understands that there is a chance that construction itself y exceed the Contractors original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and coulsignificant quantities ust and debris rendering portions of the Property uninhabitabler extended periods time. 39. Labor and Material Release. The Property Owner releases forever ih s any and all claims, suits and actions against the Program Manager; the County its officers, employees, e l t ; and contractorsn suppliers it a issues relatingo the conformanceof labor, materials acoustic designs utilized in the Program Improvements. Noti in this paragraph shall limit the warrantiesfor materials andi n i in the contract withthe general contractor. 40. Sale of Proo In the eventh r sells, conveys or otherwise n title to the Property before the completionf all phases of the process,Program the Property Owner hereby agrees to providethe buyer with of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Property Ownersi iliti s and obligations under this Agreement to the buyer as a conditionof the purchase, conveyance r other transfer of the Property. 1. Waiver. No waiver of, acquiescence i , or consent to anybreach any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence i , or consent to any other, further or succeeding breachof the same or any other term, v t or condition hereof. 42. Release n . In the event that this Agreement is cancelled r the County determines that the Easement shouldl , the Property Owner, upon writtens the County, shall pay to the the sum f One Hundred Dollars ( 1 ) to cover the costs of the preparation recording of the Releaseof Easementu in the public records of Monroe County, Florida. r understands that it' is the Property Owners responsibility to insure such payment is made in order to "clear" the title to the Prop"Oumer Noise.Insulation Agreement Page 11 of 2 43. Authorltv to Executeif Of Coum I t m . 11 � m ,�...... � wa ..,��, mil motionedI IIy announced publicmeeting, the f County Commissioners f Monroe County, did, the 17 f March 2004, grant full authority r the County Administratort t this t on behalf of the County Wthout further t the Board of County Commissioners. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. m Exhibit A. Program Policyt t t . m Exhibit B. Legal Description c. Exhibit Q Pmgrarn Improvements. d. Exhibit D: Deficiency HoI I t e. Exhibit Ventilation Hold r I met ® General Conditions. a. Governlqql_aW,�� Inter (1) This Agreement shall be governed by and construedin accordanceith the Laws of the t Florida applicable to contractsto be performed entirely l in the t t . In the met that any cause of action or administrative proceeding is instituted for the enfbroement or interpretation of this Agreement, the County r agree that venue will lie in the ri t o court or before the appropflatem it t tip in Monroe t , Ronda. (3 The Countyand m r agree that, in the event of conflicting interpretations of the terms r a term of this nt by or between anyf them, the issue shall be submittedto mediationr to the institution of any other administrativer legal proceeding. (4) The County and Property Owner agree that in t t any cause f action or administrative proceedingis initiated or def rm rt relative to the enforcement or interpretation f this m t, the prevailingshall be entitled to reasonable ' fees, courtcosts, investigative, and out-of-pocket expenses, as an It the non-prevailing party. Mediationproceedings initiated conducted n t to this t shall be in accordance with the FloridaI f Civil Procedure and usual and customarym mil the circuit court of Monroe County. b. Binding, Effect, The terms, covenants, conditions, andm ` I n f this Agreement shall bind and inure to the fit of the r and their respective legal representatives, successors, and assigns. _._...... Propeny Owner Noise l o a 12 oft c. q@)@rg§ljjty, If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. AMM2M. Each party represents and warrantsto the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and Property Owner action, as may be required by law. e. Duration of . This Agreement shall cornmence upon the executI on of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect ibr a period reasonably required to effect the Program Improvements (the "Term"), except as may be sooner terminated in accordance Wth the provisions of this Agreement. f. A tanq@ Gifts Grantss,nnnnnn ids or BeQuests. The gqgI2_:__� 2f Assistance Fu County and Property Owner, tat each shall be, and is, empowered to accept fbr the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. g. Claims for Federal or State I . The County and Property Owner agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided,that all applications, requests, grant proposals, and funding solicitations by the Property Owner shall be approved by the County pdor to submission. h. Adiudication of D[sput 2r I s The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. L Nond iscriml nation. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and Property Owner agree to comply Wth all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscHmination. These include but are not limited to., (1) Title V1 of the Civil Rights Act of 1964, (121. 88-352) which prohibits discrimination on the basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 US.Q & 794), which prohibits discrimination on the basis of handicap; (3) The Age Discrimination Act of 1975, as amended (42 U.S.C. Ss. 6101-6107), which ................__ ........ ............ Imu Pmp"OWner Noise lation Agmement Page 13 of 28 prohibits discrilmination on the basis of age, (4) The Drug Abuse Office And Treatment Act of 1972 (P.L 02-255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism, (6) The Public Health Service Act of 1912, s& 523 and 527, (42 US.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities Act of 1990 (42 U.S.C. a. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992, (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), as may be amended from time to time, relating to nog iscri m!nation; (9) The Monroe County Human Rights Ordinance (Chapter 1314, Article Vill Sections 13-101 through 13-130), as may be amended frorn time to time, relating to nondiscrimination, and (10) any other no ndiscriml nation provisions in any federal or state statutes or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. j. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Property Owner agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addendum to this Agreement. k. Books Records. and Documents. The County and Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance writh generally accepted accounting principles consistently applied, Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for it purposes during the term of the Agreement and for four years following the termination of this Agreement. 1. Covenant of No Interest. The County and Property Owner covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manrier or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited I n this Agreement. m. Code of Ethics. The County agre- es that the officers and empI oyees of the County recognize and YAII be required to comply with the standards of conduct relating to public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. ................... ........................... Propeny Oymer Noise Insuladon Agreement Page 14 of28 Sol Utation/Pa yment. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Property Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the '-full amount of such fee, commission, percentage, gift, or cmnsideration. o. Public Access, The County and Property Owner shall allow and permIt reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by the Property Owner. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and PrDperty Owner shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this contract and related to contract perfbrmance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property Owner to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terTns of this provision in the fbrm of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply it this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Property Owner is reqUired to: (1) Keep and maintain public records that would be required by the County to perforrn the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as ............... Nopeny Owner Noise Imulation Agmement Page 15 of 28 authorized law for the durationf the contnact term and following I do the contract if the Property Owner does not transfer to the County. ( ) Upon completionof the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public I i the County to perform the service. If the OwnerProperty transfers all public records to the Countyupon completion contract, the PropertyOwner shall destroy any duplicatepublic records that are exempt r confidential and exempt from publicdisclosure requirements. If the Property Owner keeps and maintainspublic records upon completionthe contract, the OwnerProperty shall meet all applicable requirementsr retaining public records. All records stored electronically u vi the County, upon request from the County'County's custodian of records, in a forrnatthat is compatibleinformation technology systems of the County. ( ) A requestInspect or copy public records relatingto a County contract directly to the County, if theCounty s not possess the records,requested the County shall immediately notify r of the request, and the Property Owner must providethe records to the Countyr allow the records to be inspected or copied withinreasonable time. If the Property Owner has questionsi the application o Chapter 119, FloridaStatutes, to tduty vie public relating this contract, contacto i n of Public Records, BrianBradley t ( ) . p. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. Florida768.28, t , the participationthe County and Propertyr in this Agreement and the acquisitionn i I liability insurance v e, self- insurance v , or local v liability insurance pool coverage shall not be deemed a waiver of immunity h o the extent of liability v , nor shall any contractinto by the County be requiredto contain provision for waiver. q. Privile es and Immunities. ll of the privilegesimmunities liability, exemptions from laws, nn Ipensions and relief, disability, compensation, and other benefits whichl to the activityf officers, s, volunteers, or employees of the County, when performingit respective functions under this Agreement withinthe territorial limits of the Countyshall apply to the same degreeto the such functions ties of such officers, agents, volunteers, or employees outsideterritorial limits of the County. r. Legal Qb1[igations and Responsibilities: Non-Delegation o Constitutional or Statuto Duties. This Agreement is not intended t , nor shall it be construed relieving participating it from any obligationr responsibility imposed uponthe entity by law except to the extent of actual and timely performance thereof ny other participating entity, in whichcase the performance may be offered in satisfaction of the obligation or responsibility. Further, this a t is not intended , nor shall it be construed as, authorizingthe delegationof the constitutional or statutory dutiesCounty, to the extent permitted by the Floridatitution, Ownere Imulation Agreement Page 16of 28 state statutes, case law, and, specifically, the mail of Chapters 125 and 163, Floridatut w . _Non-Reliance - aril . No person or entity shall be entitled enforceto rely upon the terms, or any of them, of this Agreement to enforce or aftempt to thfr claim r enUtlement to or beneflt of any sen/ber prognam contemplated r the County and Propertyuser agree that neither the County nor I I nr or any agent, officer, or employee of each shall have the authority to Worm, counsel, or otherwise Indicate that any particular Individual or group of Individuals, malt ntltl , have enUtlernentsr benefits under this nt separate , inferior to, or superior to the mm'mm nit In l or fbr the purposes contemplated In this Agreement. t. Aftestations. The Property mar agrees to executesuch documents the Countymay reasonably reql In the m the obligations and tl t the rm r Property Owner under this nt. u. No Personal Uablift . No covenant or agreement contained herein shall be deemed to be a co u aiet or agreement of anyr, officer, agent or employeem in his or her individual capacity, and no member, officer, ant or employee of Monroeshall be liable 1 n ll this rmm r be subject to any personal liability or accountability by reason of the executionthis Agreement. . Execution in t rra.fit . l cut 1 any rrm ut rmm number of counterparts, each of which shall be regarded as an original, all of which taken together ll constitute one and the Instrument of the parties heretomet this t by signingany such counterpart. Headings.w. Section tlon headings have n Inserted in this Agreement as a matter of convenienceonly, it is that such section headings r not a part of this Agreement and will not be used In the Interpretation of any promrm l n of this Agreement. Peoperty Owner Noise Insulation Agreement Page IN WITNESS , the Property Owner and the County have executedthis Agreement as of the day and yeari WITNESSES: OWNER: sionature 91gruatur Print Name Printed OL .. Signature & Date w le - i k . Prtn Nam@ _.. �__............. ......c._--- WITNESSES: PROPERTY OWNER: I Signature l n Print e Printed Signature ..:--- M Date Printed Name .J, I'NTY BOARD OF COUNTY COMMISSIONERS: c wMAYOR1 CHAIRMAN: Sylvia J. Murphy 9VI ®.< AD'O'K, CLERK .tr r � � Y. w c 411111113 Deputy Clerk Signature t ; — . �PPrVEDAS,,�. Owner Noise adonAgri ` `, < .. Pegs PEDRO JrWEACADO ASSISTM _. PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air Conditioning: General Restrictions. While providing "mini- split" AC system to your condominium as a part of the Noise Insulation Prog modifications, the followinglimitations and rest ° i ill apply to all condominiums: All condensingit 'll be installedthe balcony 2. II refdgerant lines i from the balconyi it ill be installed consistent Ipolicy rules, maintaining a maximumI f 48 inches. 3. II condensate linesill be installed it i consistent with Board policy I to ensurethe highest level of consistency and building architectural aesthetics. 4. II intedor AC lines Ventilator ill be housed in new vertical wall and comer pilasters which will be constructed to match the qualityexisting II . The number and locations f the now vertical wall and comer pilastersill differ depending on your unique condominium r plan and number of bedrooms. The NIPi it ill reviewi information ' r NIP DesignI tl . 5. Only electrical i f t are determinedthe Program Manager to be deficient will be replacedthe Program as a part of the NoiseInsulation modifications. WindowB. t. Due to the presence of asbestos, the NIP will provide ne%W—custorn wood surround and ill instead i i to this l p existing custom sills , granite, 'll not be replaced. This revisionill be an improvement, while decreasingconstriction improving time l i . MoldingC. Custom Crown The new asbestos ® t abatement requirements will t abilityto remove existing custom trim and baseboard prior to constructionoriginally , which VAII not allow r i t time for the awarded general contractortmatched replacement , existing crown moldings, I trim, and base, the contractor will, instead, cut the existingtrim flush to the face oftpilaster or thru wall ac-Infill. At now pilasteri , if the thru wall ac infill abuts the existing baseboards, the contractor will install a standard -fpaintedtdm to abut the existing , rather than attemptingto match the existingtrim profiles and materials. After the completionI t , the property owner will iit A- er Noise Imulation19 of 28 have the option to replace the installed tHm with other custom trim to match the existing matedals and profiles. D. Door Threshold Heights. Due-to stdngent Flodda hunicane Impact and water infiltration building codes, all new aluminum acoustical pdme 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 duflng a hurdcane. E. KWBTS Asbestos Testigg As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, B and C duflng the November 2017 to Apdl 2018 time period. This testing included collecting 7 to 9 samples at each condominium to include gypsum board joint compound, window glazing, and extedor window and door caulking. In addition, random extedor stucco samples were collected on both the "walkway" and "courtyard / balconr building elevations. Depending on the laboratory analysis of these samples, the presence of asbestos containing materials (ACM) have the potential to impact several areas of the NIP construction process to include: - Window removal and acoustic window installation, - door removal and acoustic door installation, - removal of portable athrough-waII" AC units and the infilling of openings, - ceiling cuts required for installation of the ductless AC, - wall cuts required for the installation of the ductless AC, - construction of vertical all pilasters required for installation of the ductless AC system & ERV ducts, - construction of closet soffit for installation of the ERV. F. Asbestos Abatement R@gMirements 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 duflng construction: Iff sam ,Ies 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 Ommer Noise Insulation Agreement Page 20 of 28 if—samples show a pragLeng of The NIP contractor will be iiq --to perfbrm full asbestos abatement procedures as directed by the Environmental Protection Agency(EPA)to include: - Construction of ACM containment barriers in all areas (walls, oelfings, closets, windows1doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition pivoess) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abaternent staff to allow access to containment areas by traditional (non-abatement)workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. - The presence of ACM v011 have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. - Given the cost to provide required asbestos abatement procedures, the FAA wIll require THC to develop a design and construction In that minimizes the disturbance of ACM to ensure the minimization of constniction costs, duration, and liability to the contractor,and KWBTS property owners. This plan will result in new property owner requirements and design restrictions which are outlined below. H. KWBTS BOARD Authorl,!y of Design Decisions. The KWBTS Board VVIII have the AutWoRiFy to malce several of the Program design decisions to include: 1. Acoustical Window and Door Material 2. Acoustical Window and Door for and Hardware Finishes 3. Acoustical Window and Door Operational Styles 4. Intedor Ductless "Mini-Sp lit u AC System Installation Requirements 5. Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment ........ . .............................. Exhibit -A Propeny Ovmer Noise Inszdadon Agreement Page 21 of 28 LEGAL DESCRIPTION Exhibit NoiseTo Homeowner ti Unit No. 1 -C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, condominium, together with an undivided interest in the common elements, according the Declaration of Condominium thereof, recorded in Official Records Book589, Page 7 , as amended from time to time, of the Public Records of Monroe County, Florida. ... . ........... ... .......---............. Exhibit -Propeny Owner Noise Insulationt Page 22 of 28 PROGRAM IMPROVEMENTS Exhibit C To Homeowner of Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that Includes the Program Improvements developed by the Program Manager to reduce the interior environment of a property by a rninimum of five (5) decibels. A typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime Door(s) Replacemerit Aluminum Acoustical Sliding Glass Patio Door(s) Exhibit C-Property Omer Noise Ihsuladon Agreement Page 23 of28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement') between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assI gns of the uridersigned, forever releases, remises, discharges, inderrinifles and covenants not to sue, Institute claims against, or institute any proceedings against, the County, or any of Its agents, officers, employees, consultants and/or contractors conceming any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injudes or death, damage to the property, and the consequences thereof, and any of the fbragoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficlencles7) against said County or any of Its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands and assumes Ul responsibift for the Deficiencies present in the Property, whether visible to the Pmgrarn Manager or unseen. 3. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be limited to, code violations, structural damage, water / moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Pmgram improvements. visible, the Property Owner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program r®will classify the observed Deficiencies as elther"Minor" or"Severe". 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies. 6. In the rare event "Severe" Deficiencies are identified during the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Pmgram Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction pedod, the Property Owner agrees to complete Exhibit D-Propeny Owner Noise Inmiation Agreement Page 24 of28 necessary repairsto the Property, to the acceptanceof the Program Manager t minimize l r stoppages of work. . The undersigned ackn I that all of the releasen of harmless andIndemnity provisionst forth in Paragraph 1 of this Exhibif Q apply damage,property injuries, deaths, or damages arisingt Deficiencies and/or all negative impacts that later ult after the additionthe Program Improvements. visions of this 'Exhibit D shall survive the termination or expiration of the Property Owner Noise Insulation a t. 8. The undersigned hereby agree that the terms and provisions of this Exhlbh _ all binding inurethebenefit t i their iv i , personal representatives, successors andassigns. _..... ITN � �. �w f� PROPERTY OWNER: TAII hature 7 Sir Prfnted Name Signature F, Date.. WITNESSES: PROPERTY OWNER: Signature Si na Printed Name Print ame Signature Date Printed — ------- ........ _ ..._._........ ...._ ...._. . 1 PROPERTY mrc ..., Signature Printed.Neme PrInted Name Signature Printed Name Exhibit D-Proper&Owner Noise Insulation t Page 25 of 28 ExhibitVENTILATION HOLD HARMLESS AGREEMENT To Property Owner Noise Insulation Agreement d In partialconsideration tlpaid on behalf of the County and the Program lbrt to be made to the Property described in the Agreement of even date herewith (t "Agreement") between the County and Property Owner and to which this .Exhibit E is attached, the undersigned, for and on behalf f the undersignedthe heirs, personal representatives, successors, and assignsof the iforever releases, remises, discharges, indemnities and covenants , institute cl i i t, or institute i against, the County, or any of its agents, officers, employees, consultants concerningl claims, i r causes of action whatsoever kind and natureon account of bodilyinjuries property and the consequences thereof, and any of the foregoingaccrue the undersignedr their respective heirs, representatives, assignsin connectionVentilation Deficiencies "Deficiencies") against said County or any of its officers, agents, employees, to be legally liable. 2. The Program Improvements may include the additionf acoustical windowsl and infilling of l" portableit conditioner units and the additionf a replacement1ess "mini-split" air conditioning these modificationswill result In a tighter interior envi t due to the eliminationf i passive inside t leakage that was naturallyin all openings, the Program ill also include itl f a energy recovery ventilation (ERV) unit which will provide an adequate exchange of inside outside it to the condominium required iii . Given3. tightened intedor environment oft tcondominium, OwnerProperty agrees to assume fullresponsibility ti f the new ductlessProgram til ti it to avoid potential r mold and moisture1especially during periods when the condominiumis closeduninhabited. 4. Due to FAA eligibilitylimitations, the Program will not be providing exhaustbathroom fan treatments. Since bathroom tubs and/or showers are a source of moisturein the interior i i i , the Property Owner agrees to assume 1 responsibility for ensudng that all bathrooms have an operable bathroomt fan capablef property exhaustingt it to the exterior of the building. 1 that t i 1 KWBTS condominiumsr constructed with a smalll1 vent that was designedl1 i f ®....... ......................... ...........__ Exhibit E-Property Owner Noise Insulation t Page 26 of 2 bathroom moisture In mt i building exhaust shaft. Duringthe n survey process it was discoveredthe T buildings ii t building exhaust shaft. Due t i existing condition, theseoriginal ii vents (If still present) have the ti i to providet mr unwanted imr, smoke and/or gases into the condominium lntedor. The to assurnefull responsibility for the seaflng f orl&al wall vents in all bathrooms andr any andall negative impacts that may result it left untreated. 5. It is ci ilding code violationto duct laundry dryer exhaust to the KWBTS central exhaust shaft. In the t a Propertyr has Incorrectly u t their laundry dryer vent to the MISTSi building exhaust shafts, they t correct this deficiency by properly exhaustingtheir laundry r exhaust in an alternative mth that meets current building code, at their cost before the initiation the nst i . Furthermore, the Property Owner agrees to assume any and all HabUlty relatedthe improper ducHng of their laundry dryer exhaust. 6. The ur understands that the Program Improvements nt H not address kitchen and bathroomventilation i Interior humidity`it levels generatedthe within the interior of the condornhiurn. understandsOwner full responsibility for maintenance f interior moisture and humidity levels. The r agrees to assume full responsibility fbr any occurrence, reoccurrence r nulu t moisture problems and/or interior humidity levels in the Property. In addition, the r agrees to assumefull responsIbUlty for the maintenanceand ti the NIP ti modifications r completion the ProgramImprovements. 7. The nledge and agree that all of the release, hold harmless indernMy provisionst forth in Paragraph t of this l t Injuries, th , or damages sustainedin connection it r as a result of any andail interior ventilationm i i ri i r the additionthe ProgramImprovements nt including, t limited t , high m i itmold, mildew,-and/or lack of proper exhaust ventilation. The provisions of this ii survive the terminabon or expiration of the Propertyr Noise Insulation Agreem nt. B. The undersigned that the terms andprovisions of this Exhibit E ii be bindingInure to the benefit of the iundersignedand their respective_ heks, personal representatives, successors andassigns. r",. WIT 5PROPERTY OWNER: Signature � 9 r M � mmm } r .. m� mmmm _-.. o....� ...., Exhibit E Property lavner Noise Insulation Agreement Page 2 7 of 28 WITNESSES: Signa rere Signature rl Name 0—flnied NameDate .. Signature I Printed m I _ .. _.��. ..... WITNESSES: Signature x s ------ Signature n I Printed Name Afl—n __ Signature Printed .....�.................. ...... .............� _..... ..................__... Exhibit E-Property Owner Noise Insulation Agreement Page 28 of 2