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09/18/2019 Agreement/Easement-C315 �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 E Pro CPPared-P ,and turn To: Heather P. Faubert Doe#220767 ft#3019 PV 1 NIP Assistant Project Manager 112020 11:28 AM PW I of4 TH , Inc. 710 Dacula Rd., Suite 4A#315 Dead Doc SWW So oo cula, GA 30019Filed s of AVICATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into thisSa day of y"JOHN J. OILEARY ", hereinafter referred to as"the Propertynr," in favor of the MONROE COUNTY BOARDCOUNTY COMMISSIONERS, body politic and corporate, hereinafter referred to as " ." RECITALS: A. The Property owner is the fee simple titleholder to certain realp ("the y") located in Monroe County, Florida, more particularly described as follows: Condominium Unit 315-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: "2601 S. RooseveltBlvd., Unit 1 " B. The BOCC is the owner and operator of Key West International Airport("the Airport")and desires 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 interior noise levels at least 5 dB and to bring the average interior noise level below 45 dB 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 Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity s the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property Key West Intonl Airport NIP—AvIgetion Easernerd(Unit C16) .. J Page 7 Owner Noise Insulation Agreement with the BOCC. The BOCC's implementation of the !P will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. . The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 ExistingCondition Noise Exposure accepted y the Federal Aviation Administration ("the ") on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 51 .3 , Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual evigation easement, on terms as hereinafter set forth. THEREFORE,NOW for and in consideration of the improvements to be made to the Subject Property through the NIP,the receipt and adequacy of which is hereby acknowledged by both parties, and in consideration and incorporation into this Avigation Easement of the recitals set forth above, the Property OOwner and the BOCC agree as follows: 1. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bargain, sell and convey to the BOCC, its successors and assigns, a perpetual avigation easement over the property. The use of the Easement shall include the right to generate and emit noise and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or -future, in whatever fbrm or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the purview of this Easement. . This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. . The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest, does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, employees and lessees, from any and all claims, demands, damages, debts, liabilities, costs, ttorney's fees or causes of action of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or will in the future possess, as a result of Airport operations or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key W International AI rt NIP—Avigation f=asement(Unit#C315) Page 2 of 4® . This Easement expressly excludes and reserves to the Property Owner and to the PropertyOwner's heirs, assigns and successors in interest, claims, demands, damages, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or injury to a person on the property y coming into direct physical contact with the property or 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 provisions herein or protect its interest in any matter arising under this Agreement, or to recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, aorny's fees and costs incurred in connection therewith, including appellate action. 6. o provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 7a No breach of any provision of this Agreement may be waived unless in writing. Waiver of any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter the rights and obligations of the parties. If such condition, covenant or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law. . In the event the Airport shall be subdivided into more than one parcel, or the Airport or portion thereof becomes subject to operation, management or administration by a party in addition to or in lieu of the BOCC, then and in that event the parties agree that same shall not terminate or otherwise affect this Agreement so long as a portion of the Airport continues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder. . The Property Owner agrees that the Property Owner shall bear and be responsiblefor all costs of maintaining and operating any sound attenuation materials and equipment installed in the Property by or on behalf of the BOCC. _. _._... Key West Intemetlonal Alrpart NIP—Avigatlon Easement(Unit 315) Page 3 of 4 This Easement Agreementis executeds of the date first above written. PROPS NER: PROPERTYOWNER: k s + R 071 Printed Name ptrffticu i Dat®e �. ROSEMARYA CAL ESE s ` Notary Public STATECommonwealth Virginia F Registration No.7613668 My conunhuslon Expim Jun 30,2022 j The foregoing instrument was acknowledged before me this 24 day of , 20jj f= -7 i _mom y r� t Property Owner Name(s) I Notary Public SI y CommissionExpires: i MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. WITNESSES: MAY Lo r ran Printed Name u his ��. � „n�� .....�_�_d fF iir , n , I STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this 20 by . as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. Notary,... — -� y Commission Public Signature 3 .T P EY Ar, FFVEDA� Fq "u01 4= C . _i Key Intitlon o NIP— vltion Easement(Unit 315} � - I6 TAN, .C 1 "� I '� Te Dde--.-1--1-------.—,--, Address: Key,W09k=ft,Sea Unit No.: —C 15 Name(s): _ O'Leary PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEST INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION AGREEMENT (this "Agreement") is made and effective the date last below written by and between MONROE COUNTY, a municipal corporation organized and existing under the laws of the State of Florida (the "County"), and the undersigned (the "Property Owner"). W I T IN E S S E T H.- WHEREAS, the Property Owner is the sole record owner in fee simple of certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhibit B attached hereto (the ,413roperty"); and WHEREAS, the County is the owner and operator of the . Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to the Property; and WHEREAS, the County desires to obtain and preserve for the use and beneI t of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as more particularly described on Exhibit C attached hereto (the "Program Improvements"); said Program Improvements Fo be—paid for by the County at no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the Property, and WHEREAS, the County will enter into a construction contract with a general contractor (the "Contractor") to provide the installation 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 forth herein, and other good and valuable consideration, the receipt and Property Owner Noise Insulation Agreement Pa I go-1-.of 11 2.8 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 effect and is hereby ratified in all respects. 2. P_ dram '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 Exhibit A. 3.Program Improvements moment of Pray _m Improvements. The County agrees to pay r the p vements described in Exhibit Q 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. Impeding mr� titive Bid Process. The Property Owner shall not impede or interfere with the Contractor's ability-fo—select between approved product manufacturers and subcontractors in the preparation of bid submittals. To insure competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor in relation to the Program, the contractor's bid, or this Agreement until after award of the construction contract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. . Construction.Contract. The County will award the contract for the ProgramImprovements 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. 6. re- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and re ui ants pertaining to both pre-construction and post- construction: . Prior to the start of NIP construction, the Property Owner shall meet all Pre-Construction requirements to include: (1) Removing all valuables (such as Jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium® ( ) Moving of all furniture and belongings into the "Designated Storage pace " within the condominium, providing the required "clear area" (white Owner Insulation 2 of 2 space in sketch) for the Contractor. When doingill have the ability till the completer to calling" space, Removing f all excessive furniturebelongings the condominium t will not fit in the "Designated StorageArea"; Removingll window and door treatments drapes, plantation shuffers, t . storing them in t "Designated S Area", Removingll electronic anddust-sensitive items from their condominium r wrapping withprotective Iy before storingi "Designated Storage9 RemovingII wall hangings (such as mirrors, pictures, i shelves, t .) and storingthem i "Designated St r (7) Moving all small items and belongingsinto it r the closets bathroomstli in t "Designated tSketch" Afterb. completion of the t i n, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all furniture and belongingst in the "Designated St r " back to their original positions in the condominium: ( i i r�it r belongings into t condominium; (3) Re-installation of all wall treatments, r treatments wall hangings back to their original positions in the condominium. the event the Property Owner fails to perform any and all of the above Pre-Construction responi ilitl , the Propertyr shall be removed from NIP participation n r r shall be liable the Countytr t r for any and all resulting ll direct and indirect is related thereto. the eventtOwner falls to performII oft above Post-Construction responsibilities, the Property Owner shall be liable the County and/or Contractor for any and allresulting all direct and indirect costsrelated thereto. I rn r ling, _Cqnstruction. Once constructionthe Program Improvements 1 a, the r shall not impede construction r alter constructionschedules. In addition, the Property Owner shall prevent any andall tenants t may occupy the Property duringconstruction f the Program Improvements from impeding t ti r altering constructionI . In the event the Property Owner or any tenant occupying the Property impedes constructionr ........_...... _........ Propertynr Noise insulation re ent Page 3 of 2 alters the tischedule, the Property Owner shall be liable to the Contractor and the County for any damages and allit indirect related thereto. Working8. Safe l t. The Property Owner shall be responsible for providingi i t for the ProgramContractor, subcontractors, suppliers, and City, County, State and federal inspectors. Throughouta. all phases of design and constructionof the r Improvements, the Property Owner shall be responsibler: (1) Providing a wor i i t that is free # ti I health risks, b1ohazard conditions, hazardous chemicals, obstacles, weapons of any i r explosives; ( Refraining from verbal abuse orprofanity; (3) Refraining from aggressive i I s and ( Insuring that allcompletely r # i . . In the eventt Owner falls to meet any of the foregoing conditions, the Program process may, at the County's discretion be temporarily suspended t any time. In such event, t r r Manager shall notify the Property Owner in writing, stating the correctiveaction(s) r condition( required to completed the Property Owner pdor # the Countyresuming process.Program . In the event the Programr is to the Property Owner's failure to compI t rr ti action(s ) and/or condition(s) required the Programr, the Property Owner shall be liable to the County and/or Contractor for anyII damages and all direct and indirect related thereto. . If the Programis resumed, the Property Owner shall be liable to the t r Contractor for any and all damages and all direct and indirect costsrelated to or caused by the temporary suspensionf the Program . ® Construction Delays. During the constructionperiod, the Contractor may experience unforeseen li ti relating to the installation f the Program Improvements. The constructiont shall provide that delays relatedto these unforeseen ll tions are beyond the control of the Contractorn II be excused so t the timefor completion may reasonably be extended. Constructionschedules may also be revised if there is a delayin awardingthe contractr if the Program Improvements have to be re-bld in the event of lack of biddingcontractors failure of the lowest responsive, i t bidder to execute # t t, provide a payment performanceand r show proof of required i . . Qhq � t � f Program r t right t t�.the plans _and sper:Kiilons and the Program Improvements, at its _........ .... _....... _... ._ Propertyr Noise Insulation Agreement o sole discretion, time rig the Programprocess, vl t reduce the scope or qualitythe Program Improvements descri in Exhibit C and such changes are necessitated i f hiddenn iti t readily detectable rig ! property inspection . ., t _ _ance . Upon completionthe ProgramImprovements, Programthe r shall inspect or cause the inspection f the Program Improvements tr i if they re completed pursuantt the terms of the contract, The ProgramManager retains sole discretionauthority r conformance andr issues as they relate to the Contractor, subcontractors, suppliers acoustic designs. The Property Ownerf t to attend the Substantial ti Inspection I input to the Constructionit respect to the identified punch-list items. In addition, the Property Owner is I t attendthe Final Inspection. In the eventthe Property Owner elects to not attend the Substantial Completion and Final Inspections, they release their ability t provide input to the Constructionit respect to the acceptance of the ProgramImprovements. In the eventthere is a disagreement between the Property Owner and the Program Manager as to a conformancer performance issue, t OwnerProperty shall be requiredto submit the discrepancy in ritin to Monroe County (representative to fi the NIP constructionwithin f the inspection i i rise to the discrepancy, shall then make a determination as tthe acceptabilityf the r issue remedial ti that may need to be taken. Monroe Countyif be the I arbiter of any conform i . Failure by the Property Owner to submit the writtenI it within the time period specified v ll thereafter r I the Propertyright to filefit. 12. 'Termination t. r r t that the signingf this Agreement initiates bot the BIDf f the Program Improvements to be performed in it . Therefore, if the Property Owner attempts to terminate this r t or otherwise impedes the progressthe performance of the Program Improvementsthe award f the constructioncontract, the Property Owner will be liable to the Countyfor any and all damages and all direct and indirect t thereby. . Warranties. The County does not represent or warrant the level noisetl that the r will experience withinthe Propertyresult of the r Improvements r of the r . Countya. The t its contract with the Contractor will include standard1 r warranties from the Contractor for all materials and workmanship. one-yearSuch warranty periodII commence as of the time the acceptancef the work as provided for in Paragraph . b At the and of construction, the Program Manager will provide the OwnerProperty with a WarrantyFinal Closeout Package whichill contain copies the warranty policies, r t instructions, i rat legal rats. As conditionf receiving t Final Closeout Package, the Property Owner aperty Owner Noise lksuladon Agreement Page 5 of 2 must first i I ted NIP Property Owner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, # r understandst the warranty policiesfor products used in the constructionf the ProgramImprovements differ among product manufacturers. [ the event of claim, the OwnerProperty is [ [ responsible r pursuing all future product warranty issues directly it product tur . = In the event of a claim, the r l[ be solely responsible for, and agreesto contact the t # r or product manufacturer directly t coordinateited warranty serviceto look [ [ the general contractorr the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty [ : (1) The Property Owner's inquiry is not directlyrelated construction ti r product warranties (such as windowcleaning r product maintenance) 1 # r the Property Owners inquiry u i the one- year warrantythe Contractor or re (2) The Property Owner believes that warranty service1 required it t to constructiont issues, the r warranty period from the general contractor has expired', Owner(3) The Property believes that service is required it respect to product warranty issues, iperiod r the product has f expired, and # f t r r is urr lconducting its business; Owner(4) The Property believes that service is required i respect to r issues, the advertisedwarranty rig for the product has it _ Pre-Existing Defi i i . The Propertyr will be requiredt sign &hibit (Deficiency [ [ Agreement) i ill impute all responsibility n liability r for any and all present Pre-Existin Deficienciest the Property, whether seen or unseen. . Pre-Work_Req!Llrempnts., The Property Owner will be required to completeall Pre-Work, as requiredthe u f llaccommodate the NIPacoustic i tl . �r r i[[ � r u[[i r t to c- [ t as l.[ j1 t d itutilizing t established y . t designated r i t established I li all be t rr f participation shall be liable the County and/or Contractor for any and all resulting damages and al[ direct and indirect t related thereto. "Hard-Wired" Smoke Alarm quit t. I compliance it ity of Key West Fire Marshall and the Cityt Building Department construction permit issuance it t , the Property Owner will be required to install 120d It "hard-wired" Smoke alarmsin their condominium i net Noise In ltio rnt of 28 accordanceit all applicable codes and regulations by the required li established the NIP. The Proerta, Owner will be responsible to ensuret the alarmssmoke not installed in same areas-' within hhe condomini e_....1— modification r ill occur, t i pi i ro to the NIPconstruction gmcess. I the eventt Owner falls install t ! "hard—wired" alarmssmoke the establishedI lip , the Propertyr shall be removed from NIPi i tl . 17. Suspension of Erogrgrn Pro The Program process may be temporarily n t any time rl the designr construction the discoveryDeficiencies to their potential ! t on the Program Improvements t warranties. The Program process will not resume until the OwnerProperty has correctedall related problemsto the satisfaction of the Program Manager. In the event repairs aret completed in a timely manner, the Property Owner will be liable to the County for any and all damages and all direct and indirect delaycosts due to and/or stoppages r . . Limitation on Alterationsto t r �. The Property Owner agreesto make alterations, or to permit any tenant occupying any portion Property to make alterationsto the existingwindows, r walls from the time the Design process untilt t ti of the r completed. tl i to this rule t be pre-approvedin writingthe Program Manager. Failure to adherei requirement t the option of the Program Manager in its sole discretion, result in immediate suspensi the construction the Program Improvements on the Property. Owner will be liable the County for all direct and indirect l ted with unapproved alterations damages related thereto. 19. Pre and Post-Construction i _ tirt Pro- & post- constructioni testing is important Program processthat is designed measure and determine I achieved noiselevel reduction level attr properties. If selected by the Programfor post-constructionnoise testing, t r r t i t their� property for testing agreesto not to make alterationsto the interior of their property (with the exceptionf repairsf Deficiencies) frthe i r ® try ion noise test to the post- constructignl m , est. In an effort to insure i t t noise datathe Property Owner also agrees to preservethe interior l t of furniture, r coverings windowand treatments the time f the rwe-construction noisetest to the u tm t ti ,no i t. t that t failure tadhere t it result in corruptionthe noisetesting data. Therefore, t understandsProperty Owner they may be liable to the Countyfor any direct and indirect noisetesting t In the event these requirements ar t. 20. Co­,,o2e ration. As reasonably requested, the Property Owner shall cooperate with the Contractor, the Program Manager and Monroe Countyin the performance f all phases of the ProgramImprovements including, but not limited t , the removal and reinstallation of rugs, wall hangings and furniture erty Owner Noise Insulation a ntPage 7 of28 1. Utilities. The Property Owner shall permit the Contractor to use, at no cost to the Contractor or the County, existing utilities such as light, heat, power and water necessary to carry out the Program Improvements. 22. sign and Bid Process Access. At scheduled times and/or upon not less than twenty-four O hou advance notice (via NIP email and/or letter), the Property wner 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. 23. Pre-Construction Access. The perty Owner agrees to provide access to the Property forty-eight ( ) 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 storage responsibilities. Failure could result in the suspension of the scheduled NIP 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. . Pre and Post Construction_ Access. At scheduled times and/or upon not less thantwenty-four O hours advance notice (via NIP email andlor leffer) 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 fails 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. 5. Construction Period Access. Upon award of NIP construction contract, the Contractor will provide the Program 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 condominiums. Based on this schedule, the Programana 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 for the entire assigned time period. In addition, the Property Owner agrees not to -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 fails to provide access for their assigned construction time period, the Property Owner shall be removed from NIP ....... _................. _ Propertyer Noise Insuladon Agmement Page 8 o 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. . Construction Period Extension Due to Hurricanes. Since the NIP construction period will extend in the Key t hurricane season, the is potential for construction delays and/or stoppages, beyond the control of the Contractor, in the event of a threat of an approaching hurricane and/or an actual hurricane event. Due to this possibility, the Property Owner understands that delays may occur in addition to their originally assigned construction time period, without any fault or cost to the Contractor and Program Manager. Furthermore, the Property Owner agrees to relocate from their condominium for all additional calendar days resulting from NIP construction work stoppages due to a hurricane threat or event at no cost to the County, Contractor and/or Program Manager. In the event the Property Owner falls to provide the required additional access to their condominium due to hurTicane-related work stoppages, 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. 27. Discoyq�i of P Existin Defic�eneies During Construction. In the �wp� event the Contractor discovers pre-existing deficiencies at the Property during the NIP construction process that negatively impact the installation of the NIP improvements, the Property Owner agrees to immediately repair and remediate such deficiencies in an effort to reduce any negative impact on the scheduled construction period. The Property Owner understands that, depending on the timing of the pre-existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. . Ict of Unforeseen T „u lin Conditions on Construction Schedule. The Property Owner understands that unforeseen building conditions that may arise during the NIP construction may have the potential to increase the original scheduled duration of construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to plan for the "worst-case" possibility that the originally-scheduled construction completion date may be delayed a few additional days due to unforeseen building conditions that may arise and complicate the NIP construction. . Existing Window / Door T .atmnts, Shades and lins. The Property Owner understands that, after the installation of new NIP acoustic window and doors, the existing window and/or door treatments, shades and blinds may not be compatible nor able to be re-installed due to size differences between the new and existing windows and doors. 0. ExistincL, Crown F Molding. During the installation of the new acoustic windows and doors, the NIP will be providingnew °s ndrd" replacement interior trim and sills. The Property Owner understands that the NIP replacement trim will not match custom and/or specialized crown molding patterns and/or custom window and door trim. After the completion of the NIP modifications, the Property Owner will have the ability to make modifications to the NIP interior trim at their own expense. . .... Property ner Noise 1wulation Agreement Page g o 1. Communication Maui ments. The Property Owner agrees to read and review all NIP emallsand/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner fails to meet this requirement, it could result in removal from NIP participation. . 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 and/or title defects. 3. Coo a tion in l aring Ma Title. Prior to the commencement of „ . construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affecting the Property which are disclosed by the "Abstract of Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Ownersconveyance of the Easement to the County if the County determines that it is necessary or desirable to do so (collectively, the "Title Matters"). If, prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting the Property may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. . Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following visions: . The Property Owner shall subject the construction work on the project to such inspection and approval during the construction of the Program Improvements and after completion of the Program Improvements as may reasonably be requested by the Program Manager and/or Monroe County. b. After final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the County bears any responsibility for maintenance and operation of these items. Reduction35. „ of Fresh Air Infiltration. The Property Owner will b required to sin Exhibit _E (Ventilation Hold HarmlessAgreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. . Salvage of Mallerials auiraent. If the a Owner desires to retain any of the material or equipment removed from the Property as a result of the ProgramImprovements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the PropertyOwner's sole risk and expense. The County assumes no responsibility for the condition of the material, equipment or surrounding surfaces as a result of the owner-requested salvage. The Property Owner and the Contractor shall,-prior to the commencement of construction, agree upon and execute a document listing those items to be salvaged. In the absence e ner wise Cation A­g__'reem'e­nt Page 10 o of such a written agreement, all items shall become the propertyf the Contractor. Materials and ei t not listed for salvage by the Property Owner shall become the property f the Contractor, = ro eft r rig r construction period, the Contractor ill i it it risk insurance the Property, r shalli tl t the Property1 t and expense, t iti homeowner'sinsurance policyr the durationof the I n oft Improvements. The Property Owner understands that, foll i final completion, the Contractor's ll risk insurance will cease, and it is advisablefor the Property Ownert i insurance to cover any valueto the Property by the Program. 38. Timing, Effects of �Construction. r understands that there is a chance that construction itself may exceed the Contractors original projected constructioni ri = The Propertyr also understandst the constructioninvolve ti I inconvenience Id generate significant quantities of t and debrisrendering i the Property uninhabitabler extendedri f ti 'Labor39. and Material l releases ry forever discharges any and all claims, it ti against the r; Countythe its officers, employees, agents, consultants; t t r n suppliersit respect to issues relating to the conformancelabor, materials and acoustic i till in the ProgramImprovements. t i in this shall limit the warrantiesfor materialsi i in the contract with the general contractor. . Sale of,. Proterty. In the event the Property Owner sells, r otherwise tran € title the Propertythe completionall phases of the Program process, t r hereby agrees to provide the buyer with f this r t prior to the closingn the sale, conveyance or other transfer, and t transfer all of the Property Owner'sresponsibilities li ti r this Agreement to the buyer as a conditionf the purchase, conveyance or other transfer f the Property. 41. Waiver. i r , acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construedr constitute, a waiver of, acquiescencei , or consentt t r, further or succeeding breachof the r any other term, covenant or condition hereof. 42. Release f Easement. In the event that this r t is cancelled or the r i that the t should be releasedfrecord, Propertythe r, upon writtent by the County, shall pay to the County the sum f One Hundred Dollarsto covert t the preparationn recording oft l f Easement documenti public records f Monroe Florida. n t that it is the Property Owners responsibility to insure t is made in order t "clear" the titleto the Property. Owner Noise hwulation Agreement Page 11 of 28 43. Authority to Execute On Behalf Of County. By Resolution . 11 duly motionedn t a lawfullyII tl , the Board of Countyl i f Monroe County, did, on the 17th day of March 2004, grant full authority for the ini tr to execute this t on behalfthe County without further action by the r f County Commissioners. 44. Attachments, Attachments to this r nt include the following, whichincorporated into this r n reference. a. Exhibit A: Program Policyt t nt . b. Exhibit : Legal Description c. Exhibit : Program Improvements. d. ExhibitDeficiency I I t ® Exhibit E: Ventilation HoldI nt 45. General Conditions, a. Governing, Law, Venue, InterpretR Costs, and Fees. (1) This Agreement shall be governedconstrued I accordanceit the Laws of the StateFlorida li I contracts to be performedentirely in the State. n the event that any cause of action or administrative proceedingis instituted for the of nt oritrrttl of this r the Countyr agree that venue will lie in the appropriater before the appropriatei i t ti in Monroen I ri . . Countyn r agree that, in the eventf conflicting interpretations of the terms or a term of this Agreement by or between anyf them, the issue shall be submittedi ri r to the institution f any other administrative rlegal proceeding. Countyr agree thatint t any cause f action or administrative proceedingis initiated r defended relative to the enforcementor interpretation of this r , the prevailingshall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an awardagainst the non-prevailing party. Mediationproceedings initiated tpursuant to this t shall be in accordance withthe Florida I f Civil Procedure andI and customaryrequired the circuit court of MonroeCounty. b. in inq -Effect. The terms, covenants, conditions, and provisionsf this nt shall bind and inure the benefit of the County and Property Owner and their respective legal representatives, i . .. ..............._._............... . Propery Owner Noise Insulation r ent Page 12 of 2 ,,.,f Ilia . If term,, t, condition provision f 1 Agreement r t application thereof_ to any circumstancen) shall be declared invalid r unenforceable to any extent by a court of competent jurisdiction, the remaining terms, , conditions and provisionsf this r t shall not be affected thereby, remaining term, covenant, condition and provisionf this r t shalllishall be enforceableto the fullest extent permitted by law unlessthe enforcementf the remaining terms, covenant , conditions and provisionsf this AgreementId prevent t 11 t of the originalit this Agreement. Authority.d. Each partyrepresents n r n to the other thatt execution, lip rmance of this Agreement have been dulyauthorized ll necessary Countyaction, required I e. Duration f n . This Agreement shall commence upon the execution f this t, subsequent to executionthe Property Owner and by the Countyn ll remain in tfor a periodreasonably requi to effectt ProgramImprovements t "Term"), except as may be sooner terminated in accordance with the provisionsf this r nt. f. Acceptance of GLIfleGrants, Assistance _.Beguests. The OwnerCounty and Property agree that each shall , n is, r t t for the €g�-e�It Syg any r I of them, gifts, grants, assistance funds, r bequests to be used for t of this Agreement. g. Claims, for agreeState1 . r t 11 i , r to apply for, seek, and obtainfederal and stateto further the purposef this Agreement; provided that all applications, requests, grant proposals, and funding solicit ti the PropertyOwner shall be approved by the County prior to submission. h. Adiudication of or Disagreements. Property Owner agree that all disputes and disagreementsshall be attempted to be resolved t and conferi representatives of each of the parties. If the issue orl r till not resolved the satisfactionthe parties, t shallparty have the right t relief or remedy ri by this Agreement or by FloridaI 1, Nondiscrimination. The County and Property Owner agree that there willi ri i i t any person, and it is expresslyunderstood t upon a determination by a court of comt t jurisdiction that discrimination occurred, this t automatically terminateswithout any further action f any party, effective the date of the court order. The County and Property Owner agreeIy with all Federal and Floridastatutes, ll local ordinances, as applicable, 1 ing to nondiscrimination. These include r of limited to: tTitle I of the Civil Rights Act of .L. 88-352) which prohibitsi rl in t1 n on the basis , color or national origin; (2) Section 504 of the Rehabilitationt of 1973, U.S.C.as amended (20 . ), which prohibitsi ri in tl the basisfhandicap; ) The Age Discriminationt s . . . 1 1 7), which .. .........____..�.�.�.�.�.- .. ._............. Property er Noise l l do a t a 13 of 28 prohibits i rl ire i n on the basisi $ rat t of 1972 . , as amended, relating to nondiscriminationthe i f r Comprehensive I i Abuse And Alcoholismr i , Treatment and Rehabilitationf 1970 . . , as amended, relatingt nondiscrimination the basis of alcohol abuse or alcoholism; Public Health Servicef 1912, as. 523 and 527, U.S.C. , as amended, relating to confidentialityf alcohol and drug abuse patient ; (7) The Americans With i illti f 1990 (42 U.S.C. s. 1201 Note), as may be amended from timet time, relating to nondi ri i tl is of disability, Florida iil Rights t of t (Chapter 760, Floridatut ti , Florida Statutes), as may be amended from time to time, relating to i ri i ti ; (9) The Monroe County Human Rights i (Chapter , Article Villions 13-101 through -t from timeto time, relating to nond i !nab 1 any other nondiscrimination provi l in any federal or statestatutes r local ordinancesi apply to the i t , or the subject matterf, this r t. . Qqqpprptlon. In the event any administrativer legal proceedingi instituted i t either party relating to the formation, ti , or breachthis Agreement, the r agree to participate, to the extent required the other , in all proceedings, hearings, processes, meetings, and other activities related to the substancei r provision f the servicesr this t. The Countyr specifically agreethat no party to this r t shall be requiredto enter into r itr tiproceedings related to this r t or Addendum to this Agreement. k. Books, Regards, gnd Documents. The County and Property Owner shall maintain books, records, and documentsdirectly i to performance under this r in accordance withgenerally t ting principl consistently li to this Agreement or their authorized representatives shall have reasonable timely to such records of each other party to this Agreement for audit purposes duringthe term of $ r t and for four years followingf this Agreement. I. _ Interest. r covenant that neither tl h -interest, and shall not acquireinterest, whichl nit in any manner or degree withits performanceunder thi Agreement, and that only interest f each is to performreceive fitrecited in this t. rn. Code of Ethics. he County agrees that the officers employees of the County recognize ill be required to complyi the standards conduct relating to publici l delineated in Section . , Florida $ t , regarding, but not limited t , solicitation or $ idoing business withy; unauthorized compensation; misuse of public position, conflicting I t or contractualrelationship; and disclosurer use of certain information. ... ...... ........ .... .__.----.................................................... ..... Property ner Noise Insulation a e t Page 14 of`.2 Sol C i tC l nt. The County r r warrant that, in respect to itself, it has neither employed nor retained any company or person, otherthan a bona fide working i f r it, to solicit or secure this r and that it has not paid or agreed to pay any person, company, corporation, individual, r firm, other than a bona fide C i solely for it, any f , commission, percentage, gift, or other consideration contingent upon or resulting from the awardr making of this t. For the breach or violation of thisi i , the Property Owner agrees that the County shall have the right to terminatei r nt without liability n p at its discretion, to offset from i , or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public t rshall allow permit reasonable access to, and inspection f, all documents, papers, letters, or other materials subject to the provisionsf Chapter11 lorida Statutes, and made or received by the County and Property Owner in conjunction with this r to and the County shall have the right unilaterally n l this Agreement upon violationthis provision by the Owner. Public RecordsCompliance. Property Owner must comply withFlorida li records laws, including but nof limited r 119, Florida Statutes and Seti f article I of the ConstitutionFlorida. Propertyr shall allowpermit reasonable access t , and inspection f, all documents, records, papers, letters r other " li " materials in its possession r underit t l subjectt the provisionsf Chapter11 , Florida Statutes, r received the Countyn r Owner in j n tion with this t t and related to contract performance. The Countyshall have the right t niftrll I this contract upon violation ofti ii y the Property Owner. Failure oft Property Owner to i the terms of this i i n shall be deemed a material breachthis contractthe Countyy enforce the terms f this i ion in the form f a court proceedingshall, as a prevailing , be entitledto reimbursement f all ney's fees and costs associatedit that proceeding. This provisionshall survivey termination or expiration of the contract. PropertyThe n r is encouraged to consult with its advisorst Florida lip Records Law in order to comply with this i i . Pursuant to . . 119.0701 and the terms iti f this contract, the PropertyOwner is required t l) Keep and maintain public records that wouldrequired the Countyto performthe service. n receipt from the County'scustodian f records, provide the County with a copy of the requested records r allow the records to be inspected or copied withinreasonable time t a cost that not exceed the cost provided in this chapter or as otherwiseprovided ylaw. (3) Ensure t public records that are exempt or confidential and exempt from publici I r requirements ar t disclosed except as .._........... .._._............. _ ............._ _.....__ e r Noise Insulation Agreement Page 15 o 2 authorizedy law for the duration of the contractterm o following compI ti f the contract ift r r does nottransfer t to the County. completion of the ntr t, transfer, ato cost, to County II public records in possessionof the rOwner or keep and maintain public r that would be requiredthe Countyto perform the service. If the Property Owner transfers all public records to the County upon completionof the contract, the Property Owner shall destroy any duplicatepublic records that are exempt or confidential and exempt from publicrecords disclosureit Owner keeps and maintains i rds upon completion oft t , the OwnerProperty shall meet all applicable requirementsfor retaining publicrecords. All records stored It ni II t be providedto the County, upon requestfr the County's custodian of records, in a format that is compatibleit the information technology t of the request to inspect or copy publicrecords relating to a County contract t be made directlyto the County, but if the Countyt possess the requestedrecords, tCounty shall immediately ti the Property Owner oft request, and the Propertyr must provide the records to the County or allow the recordsto be inspected or copied within a reasonabletime. If the Propertyr has questionsregarding the application of Chapter 119, Floridatt , to the Property Owner'st to provideAli relating to this tr t, contact the Custodian of Public Records, Brian Bradley at . p. Non-Waiver Immunity, Notwithstanding the provisionsf Sec. 768.28, Florida Statutes, the ii tin of the CountyProperty Owner inthis Agreement and the acquisitionr i l liability insurance , self- insurance local government liability insurance I coverage shall not be waiverdeemed a f immunity the Countyto the extent of liability r , nor shall any contract entered into the County be requiredto containprovision for waiver. q. Prlybege and Immunities. All of the privilegesimmunities from liability; exemptions from laws, ordinances, and rules; pensions relief, i ilit , workers' compensation, and other benefits whichI to the activityf officers, , volunteers, r employees of the County, when performingit respective functions under this nt within the territorial limits f the County shall apply to the same degreent to the performance of such functions ti f such officers, agents, volunteers, or employees outsidethe territorial limb f the County. r. Lgaal ObligationsResponsibilffies: Non-Delegati tit tl I r t tut Duties. Agreement I not intended t , shall it be 0Constitutional t -'e- —rel—leving anyi I ti tlany obligation or responsibility imposed upont law exceptt the extent of actual and timely thereof t r participating entity, in whichthe performanceoffered in satisfaction oft li tion or responsibility. Further, this Agreement is not intended t , nor shall it be construed , authorizing the delegation of the constitutional or statutory f the County, except to the extent permittedthe Floridatit ti , _......._ ..._ . _..... ........._........__........................ -------._.. . P erty Owner Noise Insulation Agr e t Page 16 o state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. s. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Property Owner agree that neither the County nor Property Owner or any agent, officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. t. Attestations. The Property Owner agrees to execute such documents as the County may reasonably require in the performance of the obligations and duties of the County or Property Owner under this Agreement. u. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. v. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. w. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. ---—-----........­­­................ Prqpe r Noise Imulation Agreement Page 17 of 28 IN WITNESSrod r and the County have executed this Agreement as of the day and year first above wriften. WITNESSES: PROPERTY OWNER: ' 'N Signature ar„„ t�NN �r � a PMtid Name I Printed Nerve Signature ; Date ......... ..._........ ........... ....... _ _ .... —---- t " PROPERTY OWNER: a Signatures , , , �. 4A. , e Printed Nome FrInted NameOr s Mpature Date} „ drEet Name �.._., d° p' BOARD OF COUNTY COMMISSIONERS: (- a� MAYOR 1 Attest, Sylvia J. Murphy I KLERK %t l Oda- By- #-s Deputy Clerk Signature i Date' ._��..._. _____......._. , _, CIE. ,.. ,�h� ........ j.._............. ........_ .... .. D r rNo' eI ltio .ore et �°µ �`'u� e1 o2 Victli- E .o1,Ty do §e rL ,a maw.,.� 0� t,,, r PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation A. Air Conditioning: Generalr i . While providingI "mink split system to your condominium as a part of the NoiseInsulation r r modifications, the following limitations and restriti n ill apply to all ini . 1. All condensing unitswill be installed n the balcony 2. All refrigerant lines (running l i unity will be installed consistent it li rules, i t [ in i height of 48 inches. All condensate lines ill be installed on the buildingexterior consistent with KWBTS Board [[ rulesr the highest level of consistency and building architectural t i . 4. All interior lines (refrigerant, n pelectilcal)l and Energy Recovery Ventilator (ERV) ducts will be housed in new vertical wall and comer pilasters which ill be constructedmatch the qualityexisting walls. The number and locations of the new vertical wall and comer pilasters will differ depending on your unique condominium floor plan and number of bedrooms. The NIPexecutive r it t will review this information wit you at your NIP Designi ire . 5. Only t i I service panelsthat are determinedr to be deficient will be replacedthe r rt of the NoiseInsulation Pr r modifications. B. Window Sill 119- lacernent. Due to the presence of asbestos, the NIPill provide new custom wood surroundill instead f the existingrsurround. Due to this revised plan, existing custom sills (marble, granite, ill not be replaced. This revision will be an improvement, while decreasingconstriction improving time efficlencles. BaseboardsC. Custom Crown Moldinq, and f f The new asbestos abatementrequirements will restrict the ability to remove existing custom trim prior to constructionoriginally , which will not allow sufficienttime r the awarded general contractor to secure custom matched replacement ri . Therefore, existingr I in , wall trim, and base, the contractor will, instead, cut the existingtrim flush to the face of the new pilaster or thru wall Infill. At new pilaster locations if the thru wall ac inll abuts the existing baseboards, the contractor will install ( - ' painted wood trim abut the existingtrim, rather than attemptingt i tin trim profiles and materials. After the completionf the NIPconstruction, the property owner will ................ ..... .. ......... .. Exhibit A -Property ner Noise Imul4lion Agreement Page 19 of 28 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. D. Door Threshold_Holghts. Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging door's and sliding glass patio doors will have thresholds that are considerably higher (from the floor) than' existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during a hurricane. E. KWBTS Asbes!91 Testing As required by to 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, random exterior stucco samples were collected on both the "walkway" and "courtyard / _lcony� 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 "through-well" AC units and the Willing of openings, - ceiling cuts required for installation of the ductless AC, - wall cuts required for the installation of the ductless AC, - construction of vertical wall pilasters required for installation of the ductless AC system & ERV ducts, construction of closet soffit for installation of the V. F. Asbestos AbatqMAnLRqqg1%Mq!2tg In the event any samples show a presence of asbestos containing material (ACM), the awarded NIP contractor will be required to perform the following abatement requirements during construction: If samples show a_prqsence of AC JM < 1 O/o The NIP contractor will be required to comply with OSHA worker safety requirements to include worker respirators, poly curtains in all areas where the surfaces are disturbed and the use of HEPA vacuum cleaners in the areas where surfaces are chipped, cut and/or sanded. Exhibit A-Property Owner Noise Insulation Agreement Page 20 of28 If samples show presence of A >1% The NIP contractor will be required to perform full asbestos abatement procedures as directed by the Environmental Protection Agency (EPA) to include: - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windows1doors), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACM (resulting from demolition process) by certified asbestos abatement staff. - Air sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abatement guidelines. - The presence of ACM will have a significant impact on the NIP construction process, lengthening the construction period and increasing the sequencing and coordination requirements of contractor crews. - Given the cost to provide required asbestos abatement procedures, the FAA will require THC to develop a design and construction plan that minimizes the disturbance of ACM to ensure the minimization of constructlon 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 AuthorItX_2L9q99n_PqqWq". The KWBTS Board will have the Authority to make several of the Program design decisions to include: 1. Acoustical Window and Door Material 2. Acoustical Window and Door Color and Hardware Finishes 3. Acoustical Window and Door Operational Styles 4. Interior Ductless "Mini-Split" AC System Installation Requirements 5. Interior Ductless "Mini-Splif' AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment ............ Exhibit.4-Property Owner Noise Insulation Agreement Page 21 of 28 LEGAL DESCRIPTION OF PROPERTY Exhibit B To Homeowner Noise Insulation Agreement Condominium Unit 315-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. ............ F—vhibit B-Property Owner Noise Insulation Agreement Page 22 of28 PROGRAM IMPROVEMENTS Exhibit C To Homeowner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the ProgramImprovements developedthe r r to reduce the interior envit fi of a property by a minimumf fig decibels, typical r r include: Architectural Drawings Replacement Aluminum Acoustical Windows Replacementl i Acoustical Swinging Primer Replacementl lnum Acoustical Slidingl tl r hiet C-Ptopeny Owner NoiseInsulation t Page 23 o 2 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement . In partial consideration of the compensationto be paidl the County and the Program fort t to be made to the Property Ownerdescribed in the Agreement of even date herewith (the "Agreement") between the County and Property and to whichthis i aundersigned, r and on I t i theirs i , personal representatives, a and assigns f the undersigned, forever releases, remises, discharges, indemnities and covenants not to sue, institute claimsagainst, or institute i against, the r any of its a officers, employees, consultants and/or contractors concerningl claims, i r causes of action of whatsoever kind and nature on account of bodily injudes or death, damage to the property, undersignedand the consequences thereof, and any of the foregoing which may accrue to the r their respective heirs, I representatives, successors and assignsi connectionitall i tip Deficiencies t "Deficiencies") agaI t said Countyf its , employees, l r contractors legally liable. • The Property Owner understands and assumes full responsibility Deficiencies pt in the Property, whethervisible to the Program Manager or . ® The Property Owner understands that the include any deficiencies presenin the Property at the time execution f this t which could include, t be limited t , code violations, structural damage, water moisture damage, hazardous materials, infestation and/or any issue that would negatively impact the installation and perfor f the ProgramImprovements. f visible, the Property Ownerug that the r may identify t Deficienciest any time throughout the Program process (including deI iconstruction processes). If identified , the Programill classify the observed Deficiencieseither i r " ". & The Property Owner assumes full responsibility for the worsening documentedit Deficiencies. the rare event " SS Deficiencies r identified duri n t3 6 design process, t r agrees to completei the Property, t the acceptance of the Programr, as a preconditionto the commencement of construction f the Program Improvements. l the rare event that " r " Deficiencies are uncovered duringthe constructionperiod, the Property Owner agreestcomplete hibit D-Property n r Noise.Insulation Agreement P e 24 o necessary repairs to the Property, to the acceptance of the Program Manager to minimize any delay or stoppages of r ® ® The undersigned acknowledge and agree that all of the release and hold harmI ess and indemnity provisions set forth in Paragraph 1 of this Exhibit D apply to property damage, injuries, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addition of the Program Improvements. The provisions of this Exhibit Q shall survive the termination or expiration of the Property Owner Noise Insulation Agreement. 8. The under-signed hereby agree that the terms and provisions of this Exhibit shaII be binding upon, and it to the benefit of the undersigned and their respective heirs, personal representatives, successom and assigns. WITNE-1 P OPERTY OWNER: S Lin, Ignature %nature Signature not J cii' we Vrfri6ad—Nam .... Date.....— ............. ............. ....... WITN 6 P .. . .ERTY OWNER: ....... Zrp? Signature J Sipe t u re ............. Pdrded Name PC�ntNem 13 7, ---a—me ' fi Signature Printed Name Date L J ............ .......... WITNESSES: PROPERTY OWNER: Signature Printed Name Signature Date Printed Name ............. ............ ...... Exhibit D-Propeny Owner is Insulation Agreement Page 25 qf28 VENTILATION HOLD HARMLESS AGREEMENT i Exhibit E To Property Owner Noise Insulation Agreement . In partial consideration of the compensationto be paidl f the County and the Program for t r Improvements to be made to the Property described in Agreement of even datei t nt7 the County Ownerand Property and to whichthis hi l undersigned, for and on behalf f t l i l representatives, successors, and assigns of the undersigned, l i discharges, indemnifies covenantst to sue, institute cI i ire t, or institute any proceedi i to the r any of its agents, officers, It r contractors conceming any and all claims, demands, damages, actionsr causes of action of whatsoeverinature it injuries r death, damage to the propertythe consequences thereof, f the foregoing whiaccrue to undersignedthe r their respective heirs, l representatives, successors assignsin connectioni li Ventilation Deficienciest "Deficiencies") agaire t said County or any ofi t , employees, It legally liable. 2. The Program Improvements include the additionof acoustical windowsI and infilling of "through-wall" portabl it conditioner units and the addition f a replacement ductless ' i i- lit it conditioning system. these modificationsill result in a tighter interior it to the eliminationf all passive inside l it leakage that was naturally occurri in all openings, the Programill also include ii f a energy recovery ventilationit which ill provide an adequateinside f outside air to the condominium required it i . Given3. tightened interior-envI n treated i i , the OwnerProperty agrees to assume full responsibility for the proper operationf the new Programtless AC system and energy recovery ventilationit to avoidthe potential for mold and moistureproblems, illduring periods the condominium is closedi it . 4. Due to FAA eligibilitylimitations, the Programill not be providing bathroom exhat fan treatments. Since bathroomt r showers are moisture geneti in the interior l t of a condominium, the Propertyr agreesfull responsibility for ensuring that allt i bathroomt fan capableproperly tip t r moisture the exterior of the building. t should alsot the original KWBTS condominiumsr constructed i ll wall vent that was designedto allowthe passivef Exhibit _..._ _ ......_... _ _...... __- _..�......_ it -Property Owner NoiseI l aon Agreement a 2 bathroomi in a central building exhaust shaft. During the Program design survey process it was discoveredthe KVVBTS buildingslack a solidcentral building exhaust shaft. Due to thisexisting itr , these original wall vents (if stillpresent) have the potentialt l for unwanted air, into the condominium interior. The Propertyr agrees to assume full responsibility for the sealing i i l wall vents in all bathrooms and for any and all negative impacts that may result if left untreated. It is clearlybuilding violation to duct laundry t to the KWBTS central exhaust shaft. In the event a Property Owner has incorrectly t their laundry dryer vent to the KWBTS central building exhaust shafts, they agree t correct this deficiencyr tip it laundry dryer exhaust in an alternative mt t meets current building code, at their cost beforethe initiation f the Program construction . Furthermore, the Propertyr agrees to assume any and all liability I t to the improper dueling of their laundry dryer exhaust. Owner6. The Property understands thatt t will not addressitchen and bathroom ventilationr excessive interior humidity ICI generatedthe Property Owner withinn interior oftcondominium. The Property Owner understands and assumes full responsibility for maintenance ofitrir moisture and humidity levels. r Owner agrees to assume full responsibility for any occurrence, reoccurrence or worseningi I and/or interior humidity levels in the Property. In iti , the Property Owner agrees to assume full responsibility for the maintenanceoperation f the NIPtiro ifi tl r completionf the Program Improvements. undersigned7. The iedge and agree that all of the release, hold harmless indemnity i i set forth in Paragraphf this ExhibitI t injuries, t r damages sustainedin connectionit r as a result of any and all interior til deficiencies ' i r the additionf the Program Improvements including, t not limited t , high hurnicifty, mold, mildew,-and/or lack of proper exhaust ventilation. The provisionsf this fshall survive the termination or expiration of the Property Owner NoiseInsulation _ r t. 8. The undersigned herebyr that t terms lip of this Exhibit ll be bindinginure to the benefit oft i their respective heirs, personal representatives, successors and assigns. it S, P OPERTY OWNER: SIgnature ignat \ 5 Pnnted Name Printed Name j ign t re � R Pdreted Name Date �. Exhibit E-Property Owner Noise Insulation r ent Page 27 o 2 OWNER:WITNESSES: PROPERTY Signaturez `r' P ; � '!.ure Printed Name t t P 1 Printed Plaa�,e Signature Q , ate Printed Name .......... _..... _ ....._.............. __.... _...... _......_ _....... _ .__. ._._ . __...._.._ ... ..... _ WITNESSES: PROPERTY OWNER: Signature Signature _. ... Printed Name Printed Name 8i naW , w n Date Prited Name _ _.....__. _... .. ...... ... ......._ __ ..... Exhibit E-Property Owner Noise Insulation a nt Page 28oft