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09/18/2019 Agreement/Easement-C322 �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 EPErgpqred By and Return : Heather P. Faubert NIP Assistant Project Manager Rccm%W 4/21/202011: 1 of 4 C, Inc. Deed Doc StaW SO.00 710 Dacula Rd., Suits 4A#315 Filed acuia, GA 30019 AVIGATION EASEMENT y West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this day off y" COLLINS' , hereinafter referred as"the Property er," in favor of the ONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, inr referred to C. RECITALS: A. The Property Owner is the fee simpletitleholder to certain alp ("the ') located in Monroe County, Florida, more particularly described as follows: Apartment Unit known as No. - , CORAL BAY GARDENS OF KEY WEST BY THE SEA, 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 street address: "2801 S. RooseveltBlvd., Unit C322" B. The BOCC is the ownerand operatorof Key West International Airport("the Airport")and desires to make properties that, through interior noise exposure testing, are determined incompatible ult 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 interior noise levels at least 5 dB and to bring the average interior noise level below 45 dB in accordance withFederal Aviation Administration policy. Granting of an Avigation Easement ("Easement") is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescdptive easements that the 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, actingIn its capacity the owner and operator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into Property Owner Noise Insulation Agreement with the . The C 's implementation of the Key t International Arport NIP— vI tlon Easement( nk Page 1 of NIP will benefit the Property Owner and the Property by pmviding 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. F. The Property Owner fully understands that the NIP eligibility could-change at sorne future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Federal Aviation Administration (1he FAA") on December 19, 2013. G. The NIP will be administered in accordance with the currant FAA Order 5100.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on teffns as hereinafter set forth. NOW THEREFORE,forand in consideration of the improvements tD be made to the Subject Property through the NIP,the receipt and adequacy of which is hereby acknowledged by both partI es, and in consideration and incorporation into this AvI on Easement of the recitals set forth above, the Property Owner and the BOCC agree as follows: - I. The Property Owner on behalf of the Property Owner and its heirs, assigns and all successors in interest, does hereby grant, bar-gain, 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 nolse'and to cause other effects as may be associated with the operation of aircraft over or in the vicinity of the pmperty. This Easement shall apply to all such aircraft activity at the Airport, present or future, in whatever form or type, duflng 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. 2. This Easement shall be perpetual in nature and shall bind and run with the title to the property and shall run to the benefit of the BOCC or its successor in interest as owner and operator of the Airport. & The Property Owner on behalf of the Property Owner, its heirs, assigns and successors In interest,does hereby release the BOCC, and any and all related parties of the BOCC, including but not limited to BOCC members, officers, managers, agents, servants, empI oyees and ]assess, fmm any and all claims, demands, damages, debts, liabilities, costs, attorney'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. — — -------- t Intemadonal Airport NIP-Avigadon Easement(unit OC322) Page 2 of 4 Owners4. This Easement expressly excludes and reserves to the Property Owner and to the Property u , assigns and successorsin 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 aircraftart of anyW ulmn the Easem t that does identifiablephysical damage to the property or injury to a person n the property by cominginto it physical t with the mr the mn on the property. 5. Should either party heretor any of their successors or assigns in interest retain counsel to enforce any of the provisions mr i n or protect its interest In ny matter arising under this t,or to recover damages by reason of anyalleged of any provision t this Agreement, the prevailingshall be entitledto all costs, damages and mn Incurred including, but not limited to, attorneys incurred in connection therewith, mn lu ll t ion. provision of this r mnt is to be interpreted for or against any party because that party or that legal representative drafted sinch provision. This ems mnt shall Interpreted and coun tmr iun to the laws of the StatetFlorida. 7 No breach of any limn of this t may ived unless in writing. Waiver of any one breach f 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 mn n Instrument executed by the partiesin interest t the time of the modffication. In the event that any one or more covenant, n* W or prov!Mon containedherein is heldinvalid, void or illegal by any court of competent jurisdiction, the same shall be deemedl m the remainder of this Agreement and ll in no way affect, impair t invalidate an t mr provision hereof so long as the remaining pmr i io n not matedafly alter the rightsand bli ran the parties. If such condition, covenant or other pmviWon shall be deemedinvalid due to this r breadth, ran mnt, condition or other provision shall be deemed validto the extent of the scope or breadth perrnitted by l w In the event the Airport shall be subdivided into more than one parcel, or the Airportmr portion thereof becomes subject to operation, 'management r administration by a party in additiont mr in lm t the BOCC, then and in that event the i that same shall not terminate r otherMse affect this Agreement so long as a portionof the Airport continues to operatefor standard airport fflght purposes, m that any such successor in interest to the shall be entMedto allof the benefitsrunning to the BOCC hereunder. ar The PropertyOwner agrees that the Owner shall bear and be responsible for all is of maintainingand tin any rand attenuation materials an i pm e nt �nstaHed in the Property by or on behalf o,f the . Key West intemiflonal Ahpart NIP-AvWan Easement(Ulnit ) Page 3 of This Easement Agreement is executedl v . . .... ..._......_ ._e _..�. I PROPERTY OWNER: PROPERTY OWNER- In Signature 9F:. �;;.m, eI- / ,r Printed Name _ Printed Name Data 3 .A - Date , STATE OF I r` ;4 P I no toregoingInstrument s acknovAedged beforethis day of . 20 by �4 4 ' Property owner Name(s) p ,. ...... a ,. ' mm...®. commission . .r L ll F Not, ry Pubilo Signature ConxNsilon as 2 _ 1 q MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: WITNESSES: MAY r mm Signature V 17 re lk t Printed Name x , Signature r Printed Name STATE OF FLORIDA COUNTY OF MONROE . „ The foregoing instrument was acknowledged before me this day of 20 by f as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. y Commission Expires: No ubllc i OE _....... illLV "� �,� �y Went Irrtemational Airport NIP—Avlgation Easement(Unit 0022) ASSISTANTa 9 Address: 1K _West y a Sea . . 't .. C322 ): Collins NOISEPROPERTY OWNER KEY T INTERNATIONAL AIRPORT, MONROE COUNTY THIS NOISE INSULATION (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"). I T N E 8 S E T H: WHEREAS, the Property Owner is the sole record owner in fee simple of certain realp pe located in the City of Key West, County of Monroe, State of Florida, and more particularly described on F-ghlbit B attached hereto (the "Property"); and WHEREAS, the County is the owner and operator of the Key West International Airport (the "Airport"), situated in the City of Key West, County of Monroe, State of Florida, and in close proximity to theProperty; and WHEREAS, the County desires to obtain and preserve for the use and benefit of the public a right of free and unobstructed flight for aircraft landing upon, taking off from, or maneuvering about the Airport; and WHEREAS, the Property Owner has elected to participate in the Key West International Airport's Noise Insulation Program (the "Program") and, as part of the Program, the Property Owner has elected to obtain acoustical treatments and improvements to the Property as morea is l rly described on Fghlbit Q attached hereto (the "Program uProgram Improvements"); said Program Improvements to be paid for by the County t no cost to the Property Owner and in exchange for the granting to the County of an avigation easement over, across and through the ; 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 ram is managed the consultant team consisting of a team manager and assistant manager, architect, mechanical 1 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 providedherein; NOW, THEREFORE, in consideration of the terms, covenants and conditions set fbrth herein, and other good and valuable consideration, the receipt and Propeny Owner Noise InsulationAgreement Page 1 o sufriclencyI Owner and there u by agree as-follo,ofs: t. Grant of Easement Simultaneously' ' ease ment. t. ,� t ..t ement:fias been record od in'.the public-records of Wanibi :Con ;' . t remains in full to Ofled in all respects-. -Poll � _._ t ., Consistent wlt r Federal !kylation-AdmiNstratl'6n,Alrport'.Improv'sment Program.policie's and 'procedures t Iseries ' i i t : The ' erty Owner nds that Presclibed 'Program.- -improvements ill consistent Policy t n. t l gram Manager. A copy= f Policy .t t .l attached .t ® Payment of. 4 ®. The County agrees to pay fbr -- will, ratn , r, t County,' its t' Impede, r interfen with. t Y ft to select,between approved. Product nd . . t .l t f . I . '. cQmOetVe I t, . . Ned from,' hiving' ' any' oon I t the t .. .. ' . . tI I , t tcontract r award e of the Property Owner to f t Count o , . provision-ahall, at the option its sole discretion, It -in disqualification. gr cancellaticinof this i t. t ill award. the-contract.for.Program Improvements cion talent the l ' bidding'pplic'Ies . f . ill ; t t ecomplete.t ' t .t t t® t-- i ®. . shall't 11 I Ili � � I t I ; t I . construction, tshallrntidt all Pre-C�6nstr,.6ctl:on:Tquirements to Inc ude: RemovI ll .valuables (sUch as jewolrs l,f , , antlque.%, heirlooms, etc.)from their , .ltfiln Moving of all. furniture and bildrigingsinto I t Pmpeny Owner brotselhadawn sketch)space In for the.-Contractor. When doing , the Property Owner will bility to utilizecomplete r to calling" Removingll excessive furniturebelongings condominium t will not fit In l t '. Removingll window and door treatments drapes, plantation Shutters, . storing,t l l blinds,, (5) Removing all -electronic and dust-sensitive i it condominium r wrapping 'With PrOtective ,1301Yt Storagen the ubeslinated ; (6) Removing all wall hangingsmirTors, pictures, .) and storing them 1 ! t "; Moving t li It small It belongings Into r t ' 1 t Fi b. After completion the NIP construction, t r shall meet all Post-Construction requi t include: ) Moving of all fumiture and belongingsI "Designated S i t ttheir original positionsin the conaorninlurn: (2) Moving of any excessive fumiturebelonging into the condominium; Re-Installation 'ofall wall treatments, doortreatments ll hangings back to their original positions in the condominium. c.' In.the eventt 11 to perform any and all of t, above Pre' -Constructibn responsibilities, the Property Owner shall be removed.from NIP participation t I be flabler Contractor for any and all resulting damages and all.directIndirect I t ed thereto. . In the event r falls tall of the Post-Constructionabove I lishall be liable to the and/orCounty Contractorall resulting damages and"all direct and indirect relatedcosts- . . i t.,,u„ _ -- I the - Program 1begins, t r shall notl r It constructioner I . iaddition, t l t .! all tenants t the Property during Ahe constructionf .the- Improvements from impedingconstruction r altering constructionschedules. In: the event r any tenant occupying t . Nopeny owner Noisi lmdadon Agmement 3 o aIt ers the construction schedule, the Property Owner shall be liable to the Contractor and the Courity for any damages and all direct and indirect costs related thereto. 8. Safe Workingjgrivit. The Property Owner shall be responsible 'for providing a iaifew�r_klng -ronmen enviionment for the Program Manager, Contractor, subcontractors, suppliers, and City, County, State and federal inspectors. a. Throughout all phases of design and construction of the Program Improvements, the Property Owner shall be responsible for. (1) Providing a working environment that is free from potential health daks, blohazard conditions, hazardous chemicals, obstacles, weapons of any ICI nd and/or explosives; (2) Refraining from verbal abuse or profarft (3) Refraining from aggressive physical contact; and (4) Insuring that all pets are completely secured and contained. b. In the event the Property Owner fails to meet any of the foregoing conditions, the Program process may, at the County's discretion, be temporarily suspended at any time. In such event,-the Program Manager shall notify the Property Owner in wdting, stating the corrective action(s) and/or condition(s) required to be completed or performed by the Property Owner prior to th ing the Program process. c. In the event the Program process is not resumed due to the Property Owners failure to complete the corrective action(s) and/or condition(s) required by the Program Manager, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related thereto. d. If the Program process is resumed, the Property Owner shall be liable to the County and/or Contractor for any and all damages and all direct and indirect costs related to or caused by the temporary suspension of the Program process. 9 Qqistruction Delays. During the construction period, the Contractor may experience unforeseen complications relating to the installation of the Program Improvements. The construction contract shall provide that delays related to these unforeseen complications are beyond the control of t ntnactor and shall be excused so that the time for completion may reasonably be extended. Construction schedules may also be revised if there is a delay in awarding of the contract or if the Program Improvements Piave to be re-bld in the event of lack of bidding contractors and/or failure of the lowest responsive, responsible bidder to execute the contract, provide a payment and perforinance bond or show proof of required insurance. 10. Chgpggs to Sqqpe of Wo ® The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its Propeny owner Noise Inmiadon Agmement Pap_4 of28 soI e discretion, at any time during the Program process, provided such changes do not reduce the scope or quality of the Program Improvements described in Exhibit C and such changes are necessitated by the discovery of hidden conditions not readily detectabI e dudng normal property inspection procedures. 11. Acceotance of Work'. Upon completion of the Program Improvements, the Program Manager shall inspect or cause the inspection of the Program Improvements to determine if they were completed pursuant to the terms of the contract. The Program Manager retains sole discretion and authority on program conforrnance and performance issues as they relate to the Contractor, subcontractors, supAli ers and acoustic 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 welcome to attend the Final Inspection. In the event the Property Owner elects to not aftend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager Wth respect to the acceptance of the Program Improvement& In th t the is a disagreement between the Property Owner and the Program Manager as to a conformance or pedbrmance issue, the Property Owner shall be required to submit the discrepancy in writing to Monroe County (representative to be defined bethre the NIP construction process) within 7 days of the inspection giving dse to the discrepancy. Monroe County shall then make a deteffnination as to the acceptability of the coof ce/performance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any confbrrnance/perfbrmance/issues. Failure by the Property Owner to submit the written complaint within the time period specified above shall thereafter foreclose the Property Owners dght to file such complaint. 12. Termination of Agreement. The Property Owner understands that the signing of this Agreement initiates both the BID and CONSTRUCTION PHASES of the Program Improvements to be performed in accordance with the Program. Therefbre, if the Property Owner attempts to terminate this Agreement or otherwise impedes the progress of the performance of the Program Improvements after the award of the construction contract, the Property Owner will be liable to the County for any and aII damages and all direct and indirect costs caused thereby. 13. Warranties. The County does not represent or warrant the level of noise reduction that the Property Owner will expedence within the Property as a result of the Program Improvements performed as part of the Program. a. The County agrees that its contract with the Contractor will include standard one (1) year warrantles from the Contractor for all materials and workmanship. Such one-year warranty period shall commence as of the time of the acceptance of the work as provided for in Paragraph 9. b. At the end of construction, the Program Manager will provide the Property Owner with a Warranty & Final Closeout Package which will contain copies of the warranty policies, product instructions, design documents and legal documents. As a condition of receiving the Warranty & Final Closeout Package, the Prx)perty Owner P�vpeny Owner Noise Inndation Agmement Page 5 of 28 must first submit a completedI ner Satisfaction Survey to the Program Manager. After receiving the WarrantyFinal Closeout Package, the Property Owner understands that the. warranty policies for products used in the construction of the Program Improvements di r among product manufacturers. In the event of claim, the OwnerProperty is solely responsible for pursuing all future product warranty issues directly ith each u manufacturer. c. In the event of a claim, the a n r shall be solely Bile for, and agrees to contactthe Contractor or product manufacturer directly to coordinate n uired warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of II product or construction warranty ie( ): (1) The Property Owners inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owners inquiry rises during the one- year warranty periodfrom the Contractor or thereafter; ( ) The Property Owner believes that warranty service i required it spe to construction warranty issues, the one-year warranty period from the I contractor has expired; ( ) The Property Owner believes thati is requiredit respect to product warranty issues, the advertisedperiod r the product has not expired, andthe manufacturer is currently i its business; and ( ) The Property Owner believes that service is requiredwith respect to product warrantyissues, and the advertised rio for the product has expired. 14. Pre-Existing The Property Owner will be requiredto sin Exhibit Q (Deficiency old 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 Reaulrements. The Property n r 'll 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 reguired to complete all designated Pre-Work items utilizing their own funds and per the MqulMddeadlines established t IP. In the event the Property Owner falls to complete the designated - Hems by the established1 li , the Property Owner shall be removed from NIPparticipation and the Property Owner shall be liable to the County and/or Contractor for any andII resulting damagesand all direct and indirect costs related thereto. 16. City of Key West "Hard-Wireds Smoke Alarm qui ent. In compliance with the Cityof Key West Fire Marshall and the CityWest Building Department construction permit issuance qui a , the Property Owner will be required to install 1 -volt " - alarms in their condominium i .............. Owner Noise Insulation t Page 6 of 28 accordance with all applicable codes and regulations by the required deadline as established by the C . The Propeny Owner will be responsible to ensure that the smoke alanns are not installed in same areas within the condominium where NI I w.a... ill occur, to L avoid_any_poten III m j)edance to the NIP construction RMc_ess. In the event the Property Owner falls to install 'the designated "hard-wired" smoke alarms by the established NIP deadline, the Property Owner shall be removed from NIP participation. 17. Suspension of Program Process. The Program process may be temporarily suspended at any th-ne dudngthe design and/or construction phases upon the discovW of Deficiencies due to their potential impact on the Program Improvements and product warranties. The Program process will not resume until the Property Owner has corrected all related problerns to the satisfaction of the Program Manager. In the event repairs are not completed in a tirriely manner, the Property Owner, will be liable to the County for any and all damages and all direct and indirect costs due"to delay and/or stoppages of the work. I& Limitation on Alterations to the Propert . The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to malce alterations to the existing windows, doors and/or walls from the time of the Design process until the construction of the Program Improvements have been completed. Exceptions to this rule must be pre-approved in wdtlng by the Pmgram Manager. Failure to adhere to this requirement may, at the option of the Pmgram Manager in its sole discretion, result in an immediate suspension of the construction of the Program Improvements on the Property. The Property Owner will be liable to the County for all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Pre and P Post-Construction Noise Testio mcess. Pre- & pos consruct nose testing is a very important Program pm;.s OF t- t ion i fhat is designed to measure and determine the actual achieved noise level reduction level at treated properties. If selected by the Program Manager for pre- & post-construction not testing, 'the Property Owner agrees to provide access to their property for testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Deficiencies) from the time of the pre-construction noise test to the oost- construction noise test, In an effbrt to insure consistent noise data collection, the Property Owner also agrees to preserve the intedor layout of furniture, floor coverings and window treatments from the time construction noise test. The Property Owner understands that the failure to adhere to this requirement may tin tion of the noise testing data. Thereficre, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event the,se requirements are not met. 20. C000eration. As reasonably requested, the Property Owner shall cooperate Wth the Contractor, the Program Manager and Monroe County in the performance of all phases of the Program Improvements including, but not limited to, the removal and reinstallation of rugs, wall hangings and fumiture as necessary. .......... ............. P�vpen'y Owner Noise Imulation Agmement Page 7 of 28 § . ! , > . � y 2 m y� 2 ` » � ,� » . 22 � : L . ,d, :2? : + : »( . » « « . 2,� . z» » ? < .�: ° © � . . <? < «, . < «2 t � , ss � < 1 � § � : : »p 2: � 2», 2 2. � < . > , z � < � » � � . . . . �. 22 =»w . y w 2 ? - , 2<» >a «.. � > Cd< < : 2« « : < 2 L l c � : c<d: §d < � w : : : ■«»: . , . : w � © � ® < ? : . , « � � � < m2: z. a « \ \: : : Ip . � 2 < . 2»r\ � § �2©§ : < .\ .< d � ; � � ° � � «w , 2�. 2 <� ».» » . er \ « d d . ° >» . L:2z 2 . � »� > ! � \: 2 ? < « «» >» 2 \- «<\ . < : ° d 2< . §: < « : � � . 1 . » : . m � � < x � ° , ? 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Due to this possibility, the Property Owner understands that delays rnay occur in additiontheir originally asi t n time period, without any fault or cost to the Contractor Manager.and Program Furthermore, the Property Owner agrees to relocatetheir condominium for all additional calendar days resultingfrDm NIPr i n work stoppagesto a hurricanethreat or event at no cost to the County, Contractor r Program Manager. In the eventt falls to provide the required additional access to their condominium due to hurricane-related work st , the OwnerProperty shall be removed from 1P participation an the Property Owner shall be liable to the Countyr Contractor for any andall resulting ll direct and indirect t It thereto. 27. Discovery of Pre-Existing Deficiencies rat i . In the event the Contructor discovers - i tl deficiencies t the Property duringthe NIP construction that negatively impact the installation of the NIPimprovements, the Propertyr agrees to immediately repair and remediatedeficiencies in an effort to reduce any negativeimpact on the scheduledconstruction rl Owner understands that, depending on the timing the pro-existing deficiencyrepair, the i i r-nay need to be extended, at no fault of the Prograrn Manager or Contractor. 28, lmoact of UnforeseenBuilding) it Construction .Schedule. runderstands_ that buildingconditionsthat may adse R_ during the NIPt i n may the potentialt increase the original scheduledtl f construction, which is not the fault of the Program Manager nor Contractor. The Property Owner needs to planfor 'Worst-case" possibility that the odginally-scheduled constructioncompletion te may be delayed a few additional days due to unforeseen building conditionsthat may arlse and complicateh 1 construction. 29. i ti , 1 / Door Treat ts---- linds. The Property Owner understands that, after the iristallation of new NIP acoustic window and doors, the existingire r door treatments, shades, and blindst be compatible i t re-installed to sizei the new and existing n . 30. i_tir _Crown-Molding. During the installation ot' the new acoustic i , the NIPill be providing "standard" replacement interior trim ill r understands that the NIPreplacement trim will not match customr specialized crown molding patternsand/or custorn window door trim. After the r ti of the imodifications, the Propertyr will have the abilityto make modificationsthe NIPinterior tdm at their own expense. _......._ _. ....__ ....... _ .......... Propeny Owner Noise Insuladon Agreanente 9 of 2 1. Communication Reguirements. The Property Owner agrees to read and review all NIP emailsfor letters in a timelyin which are bin provided y the NIPto ensure schedule . In the v the Property Owner falls to meet this requirement, it couldresult in removal from NIPparticipation. . Title i tion,. The Program Manager has obtainedr will obtain, t its sole cost and expense, Title" to ensure that the Property title is free from liens for title defects. 33. YYCooDeration i Clearing, Title. Prior to thecommencement construction of the Program Improvements, r shall cooperate with the County In order to (!) correct anytit!e defects affecting the Property which are disclosed "Abstractby the of Title" and in the soleter i ion of the Countya invalidate the Easement, and (ii) secure the writtenconsent ll mortgage holdersto the Property Owners conveyance of the Easement to the Countyh Countyr ins that it is necessary or desirable t (collectively, t ! l Matters"). I , prior to the commencementns ion of the Program Improvements, the County, in its sole discretion, determines that the Titlein may invalidate the Easement, this Agreement shall be null and void, and the shall be terminated. . Federal Assurance. As requiredh i Aviation Administration, the Property Owner agrees to the followingvision . The Property Owner shall subject the construction work on the projectto such inspection and approval during the construction of the Improvements r completion of the Program Improvements son l requestedbe y the Program Manager and/or Monroe County. Afterb. final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance and operation of the items installed, purchased or constructed under this Agreement. Neither the Federal Aviation Administration nor the Countyresponsibility for maintenance and operation of these items. . Reduction of Freshit Infiltration. aOwner will be required o sign Exhibit _E (Ventilation Hof 1 t) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. Salvage36. , rials & Equipment. If the Property Owner desires to retain any of the material or equipment removed from the Property as a result of the Program Improvements, aOwner shall arrange for the salvage of said materials and equipmentdirectly ith the Contractor at the Property Owner's sole risk and expense. The Countyassumes responsibility r the condition of the material, equipment or surrounding surfacesresult of the owner-requestedsalvage. The Property Owner and the Contractor shall, prior to the commencement of construction, agree upon and execute a documentlisting items to be salvaged. In the absence Owner Noise Inniation Ameement Page 10 of 2 of such a written agreement, all It shall become the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall become the property of the Con'traGlor. 37. Propert ( ance. During Program construction period, the y nsur Contractor will lde builders r1sic insurance for the Property. The Property Owner shaII have the option, at the Property Owner's sole cost and expense, to maintain a homeowners insurance policy for the duration of the construction of the Program Improvements. The Property Owner understands that, following final completion, the Contractors builders risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Property by the Program. 38. I[mLing.., and Effects of Construction. The Property Owner understands that there is a chance that construction itself may exceed the Contractors original projected construction time period. The Property Owner also understands that the construction may involve substantial inconvenience and could generate significant quantities of dust and debris rendering portions of the Property uninhabitable for extended periods of time. 39. Labor and Material Release, The Property Owner releases and forever discharges any lai and all cms, it and actions against the Program Manager, the County and its officers, employees, agents, consultants; and contractors and suppliers with respect to issues relating to the confonnance of labor, materials and acoustic designs utilized in the Program improvements. Nothing in this paragraph shall limit the warranties for materials and workmanship contained in the contract with the general contractor. 40. aaj wIy. In the event the Property Owner sells, conveys or otherwise transfers title to the Property before the completion of all phases of the Program process, the Property Owner hereby agrees to provide the buyer with a copy of this Agreement prior to the closing on the sale, conveyance or other transfer, and to transfer all of the Prop" Owners responsibilities and obligations under this Agreement to the buyer as a condition of the purchase, conveyance or other transfer of the Property. 41. Waiver. No waiver of, acquiescence in, or consent to any breach of any term, covenant or condition hereof shall be construed as, or constitute, a waiver of, acquiescence in, or consent to any other, further or succeeding breach of the same or any other term, covenant or condition hereof, 42. Release of Easement. In the event that this Agreement is cancelled or the County determines that the Easement should be released of record, the Property Owner, upon written request by the County, shall pay to the County the sum of One Hundred Dollars ($100.00) to cover the costs of the preparation and recording of the Release of Easement document in the public records of Monroe County, Flodda. Property Owner understands that it is the Property Owners responsibility to insure such payment is made in order to "clear' the title to the Property. 1-1-1-1.......................... P�ropeny Oymer Noise Imulation Agreement Awe II of 28 43. Autho d t y to Executen Beha If Of Resolution ® 111 duly motionedt a lawfully n npublic meeting, the Boa of CountyI I F Monroe County, did, the t f March 2004, grant full authority for the County Administratorto executetII t f the Countyt tfwthr action by the Board of County Commissioners. 44. Attachments. h wits to.this w t include the II which are incorporated into this r t by reference. a. Exhibit m Program Policyt t . b. Exhibit : Legal Description of Property c. Itlt Improvements. d. Exhibit. win l Harmless t m Exhibit W Ventilation Hold HarmlessAgreement 45. General Conditions. a. Iw Iw t r t tl _. m I� a y. (1) This Agreement shall be goverriedconstrued in accordanceith the Laws of the tat f F-ladda applicableto contractsand to be performedrtl I in the State. In the event that any cause f action or administrative proceedingis instituted for th t or interpretation f this r t, the OwnerCounty and Property agree that venue will lie in the appropriater before Countythe appropriate administrative body in Monroe County, Florida. r agree that, in the event of conflicting interpretations of th terms r a term f this t by or between anyf them, the issue shall be submittedto mediation pr -to the institution of and other administrativer legal proceeding. 4) The County and Property Owner agree that in the wit any cause f action or administrative proceedingis initiated or def n relative to the enforcement or interpretation of this t, the prevailing shall be entitled to reasonablecourt costs, investigative, and out-of-pocket expenses, as an award against the Ili i tproceedings initiated t to this r wit shall be in accordance withthe FloridaI f Civil Procedure andI and customaryw wI the circuit court of Monroe County. ® Binding Effect. The terms, covenants, s, and provisionsf this wit shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, assigns. _..._ ........_.___ Property Owner Noise Antation Agmement Page 1 c. Severabilit If any term, covenant, condition or prevision of this !P-M P 1111 YL Agreement r 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. AUttodly. Each party represents and warrants to 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 AqM@rnent, This Agreement shall commence upon the execution of this Agreement, subsequent to execution by the Property Owner and by the County and shall remain in effect fbr a period reasonably required to effect the I n Improvements (the 'Term"), except as may be sooner terminated in accordance Wth the provisions of this Agreement. f. Aggep jqnce �Lf Gffts, Grants, Assistance Funds or Be sts. The County and Property Owner agree that 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 fbr Federal or State Aid. 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 prior to submission. h. Adju fication of Dispute or Ql�sg-greernents. 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 19odda law. 1. Non'discrimination., The County and Property Owner agree that there will be no dire mination 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 with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: (.1) Title V1 of the Civil Rights Act of 1964 (P.L. 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 Um G. s. 7'94), 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 ............——--------------- .............................— Prop"Owner Noise Inndation Agma Page 13 of 28 prohibits discrimination on the basis o° ; (4) The Drug Abuse Office And Treatment Act of 1972 (P.L. 92-265), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The Corprehensive Alcohol use And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to no ndlacrim!nation on the basis of alcohol abuse or alcoholism, (6) The Public Health Service Act of 1912, ss. 523 and 527, (42 U.S.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. s. 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 nond iscriml nation; (9) The Monroe County Human Rights Ordinance (Chapter 1314, Article Vill Sections 13-101 through 13-130), as may be amended from time to time, relating to nondiscri m Mation; and (10) any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the parties to, or the subject matter of, this Agreement. ® Pogp ration. 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 partyto this Agreement shall be required to enter into any arbitration proceedings related tothis 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 with 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 1br 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 manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. m. Code of Ethics, The County agrees that , the officer's and employees of the County recognize and will 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. ............ P�vpeny Oymer Noise Imulation Agmement Page 14 of 28 SolicitationT—ay-nent. The County and Property Owrier 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 consideration. 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, Flodda 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 Agreernent upon violation of this provision by the Property Owner. Public Records Compliance, Property Owner rriust 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 Property 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 performance. 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 tenns of this proAsion shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attomey's fees and costs associated vA#h that proceeding. This provision shall survive any termination or expination of the contract. The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with 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 perform 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 copI ed within a reasonable time at a cost that does not exceed the cost provided in this chapter or as othervAse 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 . ......... Nop"Omer Noise Inniation Agmement Page 15 of 28 authorizedlaw for the duration f the contractterm and followingcompletion f the contractif the r does not transferth the County, completion f the contract, transfer, at no cost, to the County all public records in possession oft r or keep and maintain public that would be requiredto the . If the OwnerProperty transfers all public records to the County upon completionof the contract, the Property Owner shall destmy any duplicatelip records that are exempt r confidential and exempt from public records disclosurerequirements. If the Property Owner keeps and maintains li ors completion of the contract, the OwnerProperty shall meet all applicable requirementsr retaining public . All storedrecords t ielectronically r� f i ll # l # t r the records, in format t t is compatibleiftrination technology t f the County. to inspect or copy public records relatingto t contract must be made directlythe County, but if the Courityt possess tl, requestedle records, the rty shall i i 1 t° the Property Owner of the request, and the Property Owner must provide the to the County or allow the records to inspected or copied within1 time. If the Property Owner has questionsi the li tip f Chapter1 Statutes, to the es duty to providelip records relating to this tract, contact the Custodianlip Records, Brian Bradley at 292-3470. p. wNon-Waiver f ill, Notwithstandingtprovisions . Florida768.28, # 11 i f the County and Property Owneri this Agreement and the acquisitionf any commercial liability insurance coverage, self- insurancer local government liability insurance pool coverage shall not be deemed a waiver of immunity ity to the extent of liability coverage, nor shall any contract entered intothe it to contain any provisionr waiver. q. rl 11andImmunities. All oft iI immunities liability; exemptions from laws, r rules', I li f, disability, compensation, andother benefits which apply to the i ity of officera, agents, volunteers, or employeesf the nty, when per1lormirigtheir respective under this t within the territorial lirnits of the County shall apply # the same extentdegree and to the perfbanance of such functionsduties f such officers, volunteers, r employees oLdsidethe territorial limits f the County. rm 12gal QbIj. ations ndil _ _ ele tion Qf ponstitutlqqal 2r StatutoatI__s., Thist is notir°rt to, nor shall it be construed as, relievingparticipating t` from any obligationr responsibility imposed upon the entityy law except to the extent of actual and timely thereof by any other participating entity, in whichthe r in satisfactionf the obligationr responsibility. Further, this r rat is not intended to, nor shall it be construedthe delegation of the constitutional or statutory dti f the t to the # permitted by theFloridatit ti NoiseImulation Agreement .Page 16of2 st , case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes, s. Non-Relianrlp 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, 9nd 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. Aftestations. The Property Owner agrees to execute such documents as th rably require in the perlbrii-nance of the obligations and duties of t r Property Owner under this Agreement. Personal LiaImo. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or empI oyee 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 Counterr This Agreement may be executed in any number 6f counterparts, each o�f which shall be regarded as an onginal, 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_ Headin, @. Section headings have been inserted in this a Agreement r 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. Omer we Imuldtion Agmement Page 17 of 28 IN WITNESS , the Property Owner and the County have executed this Agreement as of the day and year first above written. WITNESSES: nature 2" Signature v rn�Name A/ fret Nome ._ .... -� to ' Pri a WITNESSES: ' - §-g—naki Pflnted Name Printed Name Signature .j :,.m _ # UNTY BOARD F COUNTY COMMISSIONERS: MAYOR 1 CHAIRMAN: Aft�Atn: .° ° � Sylvia J. Murphy 5A K CLERK y. Deputy Clerk Signature teE Oulr yp� e Property CXswer NossInsulation Agreement E5 ,5 ...u � ` a� PROGRAM POLICY STATEMENTS Exhibit PropertyTo i Insulation A. Air Conditioning: I Restrictions. Whileproviding a new ductless "mini- split" AC systemto your condominiumpart of the Noise Insulation Program modifications, the following limitations and restrictionsill apply to all condominiums: 1. All condensing units will be installed on the balcony 2. All refrigerant lines (running from the balcony condensingunit) will be installed consistent with KWBTS Board policy rules, maintaining maximum height of 48 inches. 3. II condensate lines will be installed on the building exterior consistent with KWBTS Board policy rules to ensure the highest level of consistency and building architectural esthetics. 4. II interior AC lines (refilgerant, condensate, electrical) and Energy Recovery Ventilator( ) ducts will be housed in new vertical wall and comer pilasters which ill be constructedto match the quality of existing walls. The number and locations of the new vertical wall and comer pilasters will dfffer depending on your unique condominium r plan and number of bedrooms. The NIP executive architect will view this information with you at your NIP DesignReview Meeting. 5. Only electrical service panels that are determinedy the Program Manager to be deficient will be replaced by the Program as a part of the Noise Insulation Program modifications. WindowB. III pf __ n . Due to the presence of asbestos, the NIPill provide new custom wood surround and sill instead of the existing u board surround. 0 to this revised plan, existing custom sills (marble, granite, ) will not be replaced. This revision will be an improvement, while decreasingconstriction costs and improving time efficiencies. Crown_ ldinq and Baseboards Restrictions The new asbestosabatementrequirements- qui will restrict the ability to remove existing custom trimand baseboard prior to construction ( s originally assumed), which will not allow ici time r the awarded general contractor to secure custom matched replacement xistin crown moldings, wall trim, and base, the contractor will, instead, cut the existing o trim flush to the face of the new pilaster or tru wall ac-°infill. At new pilaster locations and, if the thru wall ac infill abuts the existing baseboards, the contractor will install a standard ( A i A) painted wood trim abut the existing trim, rather than attempting to matchthe existing custom trim profiles and materials. After the completion of the NIP construction, the property owner will FahibitA--Pr��eny"Ow-ner'-N'oiseln-nda-tionAgme-men't'' Page 19 o have the option to replace the installed trim with other custorn trim to match the existing materials and profiles, D. Door Thresh2Ld Helqbts. Due to stringent Florida hurricane impact and water infiltration building codes, all new alurninurn acoustical prime entry swinging doors and sIli ng glass patio doors will haVe thresholds that are considerably higher (frorn the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium frorn water infiltration during a hurricane. E. KWBTS Asbestos Testing As required by state and federal requirements, THC conducted asbes,tos 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 mcourtyard / I ilding elevations. Depending on the laboratory analysis of these samples, the presence of asbestos containing materials (ACM) have the potehtial to impact several areas of the NIP construction process to include: - window removal and acoustic vAndow installation, - door removal and acoustic door installation, - removal of portable 1hrough-wall" 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 wall pilasters required for installation of the ductless AC system & ERV ducts, - construction of closet soffit for installation of the ERV. I I , I R Asbestos Abat,:ii !liiiill!i,11!1,!�1,1, I � I slits jurern 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 sarn- es show aDrQ8MA ce 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-Propeny Oymer Noise Immlation Agmement ----—-------- —-------- P—age 2"0 o f- 2-8 rn re e erfc.)rm full asbestos abatement procedures as c 0'16CM s 8 coWract 11 be required Ito a '88 8'ow a " s I i�lp t or wl d rect d by the Environmental Pr'Otectlon Agency(EPA)to include: - Construction of ACM containment barriers in all areas (walls, ceilings, closets, windowaldom), approximately 4 feet from all walls and areas impacted by the NIP modifications. - Abatement and bagging of ACIM (resulting ftm demolition process) by certified asbestos abatement staff. - it sampling of containment areas and clearance of all areas by certified asbestos abatement staff to allow access to containment areas by traditional (non-abatement) workers. - THC will be required to provide executive oversight of all ACM abatement processes in all condominiums throughout the NIP construction process to ensure proper compliance with federal and state abateMent guidelines. The presence of ACM Y411 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.m inn mizes the disturbance of ACM to ensure the minimization of constr-uction costs, duration, and liab Ill ty,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 Authot t of Design Dacia�ons. 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-Sp lit"AC System Installation Requirements 5. Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement 6. In-Filled K.Itchen Prime Door Policy Treatment Exhibit A- r Noise insulation Agreement Page 21 of 2 11 8 LEGAL DESCRIPTION Exhibit ApartmentTo Homeowner Noise Insulation Agreement Unit 322-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together® it r interest i the common elements, according1 ion of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, f the Publicf Monme County, Exhibit B-PPOPenY Owner Noise Insulation Agreement Page 22 of 2 PROGRAM IMPROVEMENTS Exhibit C TO Homeowner Noise Insulation Agreement This 9KNbit 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 minimum of five (5) decibels. A typical Program Improvement package may include: Architectural Drawings Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) Rrhibit C- ner Noise Insulation Agreement Page 23 of 28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Prognarn for the Prograrn Improvements to be made to the Property described in the Agreement of even date herewfth (the "Agreement") between the County and Property Owner and to which this Exhibit Q is attached, the undersigned, fbr and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indernriffles 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, dernands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injuries or death, damage to the property, and the consequences thereof, and any of the foregoing which may accrue to the undersigned or their respective heirs, personal representatives, successors and assigns in connection with any and all Pre-Existing Deficiencies (the "Deficiencies") against said County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Property Owner understands and assumes Ul responsibility fbr the Deficiencies present in the Property, whether-visible to the Program Ma nager or unseen. 3. The Property Owner urn-stands that the Deficiencies include any deficiencies present in tl,,is 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 installati f the Program Improvements. 4 If visible, the Property Owner understands that the Program Manager may identify and document Deficiencies at any time throughout the Prograrn process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either W ire oro or"Severe". 5. Tim Property Owner assumes full responsiblifty far the womening of any documented Minor Deficiencies. 6. In the rare event uSevere" Deficiencies are identified during the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the Program Manager, as a precondition to the commencement of construction of the Program Improvements. In the rare event that "Severe" Deficiencies are uncovered during the construction period, the Pmperty Owner agrees to complete Exhibit D-Propeny owner Noise Imulation Agreement __Page__i4_qj28 necessary repaft to the Property, to the acceptance of the Program Manager to minimize t rW W The undersigned acknowledge and agreethat all o,f the release and hold harmless and indemnity visions set lbrth in Paragraph I of this I t Property damage, injudes, deaths, or damages arising from the Deficiencies and/or all negative impacts that later result after the addftlon the Program Improvements. The provisions this gKh1bit Q shall-survive the term�nation or expirationthe Property Owner Noise insulation Agreement. 8. The shall binding undersignedprovisionsi and inure to ft benefit of the undersignedit respective heirs, personal representatives, and . E I -nature r � t ;-Z; Signature Frgn K m-9 a- :.. , yy s , 's _ �x ....... ,.,...,,,..®® _. mmwmx� Signature � ��3�e.-�."`.' ti�*-v. P Name — ... ......__... ...,....... .. i WITNESSES: PROPERTY OWNER: s ,mn.—yv�...-.a ar'ilana$Jfe ��- i � Printed Name Qnsture - Pri Name . ...._ _._. ....m..m..`.� ....._.— .... .. .... ..,.._...._E PROPERTY OWNER: � Printed Name � SI natu _ I Pri Name Date Erhibit D-Property Givimer Noise Insulation a -- _. Page 25 of 28 VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Pmperty described in the Agreement of even date herewith (the 'Agreement') between the County and Property Owner and to which this Exhi,bit E is attached, the undersigned, for and on behalf of the undersigne'd and the heirs personal i , and assigns of the undersigned, fbrever releases, remises, discharges, indernnifies and covenants not to sue, institute claims against, or institute any proceedings against, the County, or any of Its agents, officers, employees, consultants and/or contractors conceming any and all claims, demands, damages, actions or causes of action of whatsoever kind and nature on account of bodily injudes or death, damage to the property and the consequences thereof, and any of the foregoing which may accrue to the undersigned or it respecilve heirs, personal representatives, successors and assigns in connection with any and all Ventilation Deficiencies (the "Deficiencies") against saI d County or any of its officers, agents, employees, consultants and/or contractors to be legally liable. 2. The Program Improvements may include the addition of acoustical windows and doom, removal and infilling of "through-wall" portable air conditioner units and the addition of a replacement ductless "mini-split" it conditioning system Because these modifications will result in a tighter interior environment due to the elimi®i of all passive inside / outside air leakage that was naturally occurring in all openings, the Program Y411 also include the addition of a energy recovery ventilation (ERV) unit which will provide an adequate exchange of inside / outside air to the condominium as requI red by building code. 3. Given the tightened interior environment of the treated condominium, the Property Owner agrees to assume full responsibility for the proper operation of the new Program ductless AC system and energy recovery ventilation (ERV) unit to avoid the potential for mold and moisture problems, especially during perlods when the condominium is closed and uninhabited. 4. Due to FAA eligibility limitations, the Program will not be providing bathroom exhaust fan treatments. Since bathroom tubs and/or showers are a source of moisture generation in the interior environment of a condominium, the Property Owner agrees to assume full responsibility for ensuring that all bathrooms have an operable bathroom exhaust fan capable of properly exhausting bathroom moisture to the extedor of the building. It should also be noted that the original KWBTS condominiums were constructed with a small wall vent that was designed to allow the passive exhaust of .................. ............. Exhibit E-Noperty Owner Noise Insulation Agreement Page 26 of28 bathroom Moisture in a central building exhaust shaft. During the Program design survey process it was discovered the KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condition, these original wall vents (if still present) have the potential to provide a pathway fbr unwanted air, smoke and/or gases into the condomlnl.um interior. The Property Owner to assume full responsibility for the sealing of original wall vents in all bathrooms and for, any and all negative impacts that may result if left untreated. 5. It is clearly a building code violation to duct laundry dryer exhaust to the KWBTS central exhaust shaft. In the event a Pmperty Owner has incorrectly ducted their laundry dryer ven't to 'the KWBTS central building exhaust shafts, they agree to correct this deficiency by properly exhausting their laundry dryer exhaust in an It tip method that meets cunent building code, at their cost before the Initiation of the Program construction process. Furthermore, th e* Property Owner agrees to assume any and all liability related to the improper ducting of their laundry dryer exhaust, 6. The Property Owner undemtands that the Program Improvements will not address kitchen and bathroom ventilation and/or excessive interior humidity levels generated by the Property Owner within the' Interior of the condominium. The Property Owner understands and assumes full responsibility for maintenance of interior rnoisture and :humidity levels. The Pmperty Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problems and/or Interior humidity levels in the Property. In addition, the Property Owner agrees to assume full responsibility for the maintenance and operation of the NIP venting modifications after completion of the Prograrn Improvements- 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Eirbibit E apply to injuries, deaths, or damages sustained in connection with or as a result o�f any and all interior ventilation deficiencies arising after the addition of the Pmgram Improvements including, but not limited to, high humidity, mold, mildew,-and/or lack of pmper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of 'the Property Owner Noise Insulation Agreement, 8. The undersigned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and inure to the benefit of the undersigned and their, respective heirs,.personal representatives, successors and assigns, ............ . --- PROPERTY OWNER: Ng lature _7 gFin—ature :4-P-4— r i, me Printed Name Signature VnMedNaMe ............— Exhibit E-Property Owner Noise Imulation Agreement Pag.e 1"..27of28 OWNER:WITNESSES- I gn Siature rfn ame StUre I �.. Prin a -� y PROPERTY OW'-NER: na Signature - Prin N m - gnatu Piro-Name _ .. ..®..... _ _ ®..... Exhibit E-Property Ckmer Noise Insulation Agreement Page 28 o