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09/18/2019 Agreement/Easement-C323 �d. eY Clerk of the Circuit Court&Comptroller®Monroe County Florida DATE: April 21, 2020 i Uto,Airports Business Manager . qISUBJECrt : September 18, 2019e 1 , 2020 BOCC Meetings Enclosedis the diumh drive with dieNoise Insulation Agreements (both documents scannedone document for sixty-five participating units at y West by the Sea for the Key West International Airport Noise 'on ConstructionProgram Building C je o enclosed are the originally recorded Easements for THCs record. Sliould you liave any questions,please feel free to contact me at(305) 5 . CC: County Attorney Finance ` e MARATHONKEYWEST PLANTATION .. BUILDING 3117 Ovemas HighwayiPoint Road Key ®Rodda 33040 Marathon,Florida 33050 Plantation Ke%Rodda 33070 Plantation ,flolda 0 - 1 - 1305-852-7145 Prepared By and Return : .ath r P. Faubart Doc#2263773 MW 3019 F0 4 NIP AAsistant Project Manager Racm*d 4/21/2020 11.34 AM Pep t of 4 THC, Inc. 710 Daculad., Suite 4A#315 Dacula, GA 30019Filed and Rewrded is Officid AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this ""day of 1-111- 20 14 by rafe�ed to as �a tj� CAR �m� here -i r &4 to a, "the' roperty r," in favor of the MONROE COUNTY BOARD OF COUNTY OwnerCOMMISSIONERS, a body politic and corporate, hereinafter referred to as "BOCC." RECITALS- is the fee simpletitleholder i I property("the Property") located in , more particularlydescribed follows: Condominiumnit , CORAL BAY GARDENS OF KEY WEST BY THE SEA, a condominium, together withit interest in the common elements, in to the Declaration of Condominium r f, recorded in Official Records Book 589, Page 370, as amended from time to time, of the Public Records of Monme County, Florida. also identified as street : " " B. The BOCC is the ownerandr t f Key West International Airport("the Airport")and desiresto make propertiesthat, through interfor noisetl , are determined incompatible It of their exposure to aircrafti ti r residential purposes through the implementation i i (" i " . C. Under the NIP, the Airportill design and install r pay fortinstallation of improvements i i ti to reduce interior noise levelsleast 5 dB and to bring the average interior noiseI below 45 dB in accordance withI Aviation Administrationli nl f an Avigation Easement("Easement") is lion of participation in the NIP. The Easement ill supersede any impliedr prescriptive easements that the BOCC may have obtained under applicable laws, D. The fundingi [ ill include ing from the United States pursuant to the AirportI Improvement Act of 1982, and willinclude funding from the BOCC, acting in its capacityr and operator of the Airport. OwnerE The Property desires to participatein the NIP and has enteredt NoiseOwner Insulation t with t implementation the NIP will benefit h rt r and the Property by providingi i I sound attenuation s ion on all eligible residential structures on the property necessary to achievereduction.in DNL indoor noise levels t least 5 dB and bringthe average interior noise level l in accordance withI Aviation Administration policy. F. The Property Owner fully understands h t the NIPli i ilit l t some future time, is currentlythe 9 i iCondition of accepted y the Federal Aviation Administration ("t ") on December 19, 2013. G. The NIP will be administeredin accordance withcurrent FAA Order 51.00.38, Airport Improvement Program Handbook. H. It is the purpose of this Easement Agreement to grant to theperpetual evigation easement, on terms as hereinafter set forth. NOW THEREFORE, r and in cons! r ti the improvements Subject Property through t I , i of whichIs y acknowledged by both parties, n in considerationincorporation into this Avigation Easement of the recitals t forth above, the Property Owner 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 tote BOCC, its successors i perpetual avigation easement over the property. The use of the Easement shall include the right to generatei noise and to cause other effects as may be associated ith the operation of aircraftover or in the vicinity h property. This Easement shall apply to all such aircraft activityt the Airport, r future, in whatever form or type, duringoperation on, to or from the Airport, it being the intent of the parties that all such Airportactivity II be deemed to be included 'thin the purviewthis Easement. . This Easement shall be perpetual in naturen ll bind andwith 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. 3. The Property Owner on behalf of the Property Owner, its heirs, assigns and successors in interest,does hereby releaseII related partie's of the BOCC, including not limited is managers, agents, nt , employees n lessees, II claims, debts, liabilities, o orcauses of action of everyin r nature for which the Property -Owner or its heirs, ssi n , or successors currently , have in the past possessed, r will in the futurepossess, It of Airport operations or aircraft activities noiselevels reI r generated by Airportactivity, or may hereafter have as a result of use of this t, including not limited to the above-mentioned property or contiguous property due to noise, and other effects of the operationthe Airport or of aircraftlanding r taking off at the Airport. Key �.__. ---a .. t In atlo I Airport NIP—AvIgatlon Easement(Unit ----� Page 2 of 4 4. This Easement expressly excludes and reserves to the Property Owner and to the Property Owners h&s, assigns an In interest, claims, debts, liabilities, t attorneys' or rt faction for physical damage or personal Injury caused by any aircraft or part of any aircraft using' the Easement that does MentfflaUe physical damage to the property or injury to a person on the propertycoming into itect physical contactit the property or the person on the W Should5. it r party heretor any of their successors or assigns in Interest i counsel to enforcef the iiunherein or protect itsinterest In any mafter arising rm r this r u m mn , or to recover damages by reason of any allegedf any mi f this Agreement, the prevaffing p,arty shall be entitledto all costs, damages and expenses incurred including, but not limited ,' attorneys fees andcosts incurred in connecUon therewith, including appell t ti un. min of this Agreement is to be interpreted for or against any party because that party r that m I representative drafted such provision. This Agreement shall be interpreted d construed accordingthe laws of the State ofFlorida. 9 No breach of any provision f this m unt may be waivedunless in writing. Waiver of any mn any l un of this Agreement shall not be deemed to i r of anyotherbreach of the same or any other proviMon of t i t. i t m amended only written instrument executedt partiesIn interest t the time f the modification., 'in the event that any oner more mn t, condition or provision unt in iun is heldluny 11 , void or illegal by any court of competent jurisdiction, the m ll be deernedseverable from the remainder of this Agreement And ll in no , impair or Invalidate aran th r provision hereof so long as the remaining provi i on not materially It r the rights li m, ti ran f the i , If such condition, covenant or other provision shall be deemed invaHd dueto thisr breadth, such covenant, condition or other provision shall be deemed validto the extent f the scope or breadth permittedlaw. w In the rant the 1 In ll be subdIvidedinto than oneparcel, or the Airport or portion thereof subject to operation, management or administration by a party in additionto or in fl f the BOCC, then and in that event the rti that same shall not terminate or otherwise affect this ran t so long as a portion of the Airport continues to operater standard akport flight purposes, and that any such successor in interest to the shall be entitledto all of the benefitsninning to the BOCC hereunder. 9. Th ran r agrees that the Property Owner shall bear and be responsiblefor 11 costs of maintaining andthin msound un ti rm materials and 'I mom t instaMed in the Property by or on behalf of the BOCC. __ _ - __ � _...... This Easement Agreementi cuted as of the date first . _�.... F... . _....... _._.__....._ _._ _ ... .. .... ---�-. . PROPERTY t , PROPERTY OYVNEA a si '-I�J,lurSignature ._. r ns N 6 Pdnted Narne Date { STATE OF ! COUNTY OF I The foregoing instrument was n re befo i day , s by — P r ) I � `w .._ *Pk I Public S rl ICI 1%Jo f ., N 231 s � ...... ......... ,.._....................._.......-- ONROE COUNTYOARD OF COUNTY COMMISSIONERS: WITNESSES: MAY - : � X � - Hato _ ,�„� S1( , bum ` r Printed Name � Printed NaPm Signature Date ,� fln Name .- �`- " STATE F FLORIDA COUNTY OF MONROE . .' The foregoing instrument was acknowledged before me thlo x a �lr s z, 20 by as Mayor of the Monroe County Board of County Commissioners, a body politic and corporate. e . . .. .. ,mm.- Commlesion oM�..... ubilcl 'O I ` APA V' k T Key West International Airport NIP-Avlgatlon Easement(Unit#C323) _ e ,j.MERCADO gage 4 �4 Address: Kev West bv e Sea Unit No.: C32 Name(s): Plorter.._ _.... INTERNATIONALPROPERTY OWNER NOISE INSULATION AGREEMENT KEY WEsT 1 , MONRce COUNTY THIS NOISE INSULATION ( hi "Agreement") i effectivet last below written , a municipal corporation organized and existingunder the laws of the StateFlorida (t "County"), undersignedand the (the r '). WHEREAS, the r Owner is the solerecord owner in fee simple certain real property located in the Cityf Key West, County of Monroe, State of Florida, and more particularlyi on 'Exhibit n ( "Property"), CountyWHEREAS, the is the r and operator of the Key West International it (t "Airport"), i in the Cityf Key West, County of Monroe, State of Florida, in close proximityto the Property, and the Countyit to obtain and preserver the use and f!t of thpublic right of free andr i t for aircraft landing upon, taking r , or maneuvering about the Airport; PropertyWHEREAS, the n r has electedi i t in the Key West International itport's Noise Insulation Program (t "Program") , as part of the Program, r Owner has electedto obtain acoustical treatments improvements to the Propertyr i t ridescribed n Exhibit hereto ( h "Program Improvements"), i Improvements i t by the Countyt no cost to the Property Owner and in exchange for the grantingto the County f an avigation easementr, across and through r n the County will enter into n try i n contract with general ntr ( " nr ro) to provideinstallation of the Program Improvements; an the Programis managedthe consultant team consisting a team manager and assistantmanager, architect, mechanical / electrical engineer, acoustician and constructionmanager selected by the County (the "Program Manager'); n WHEREAS, the r Owner and the Countymutually iagree to the terms upon which the PropertyOwner will participate in the Programn receive Programthe Improvements upon the termsconditions r i ins THEREFORE, in consideration of the terms, covenants and conditions forth herein, and other good andvaluable n i ti n, the receipt and ........ ........ .- _... __...e........... ....._........... ........... PropmV Owner NoiseImulation Agreement Page I o 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 (t "Easement") which Easement has been recorded in the public records of Monroe County, Florida. The Easement remains in full force and effect and i hereby ratified in all respects. . PLogram olicy 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 PolicyStatements is attached hereto as Exhibft A. . Payment of Program Improvements. The County agrees to pay for the Program improvements described in Exhibit C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. . lm)edi _Competitive Bid Process. The Property Owner shall not impede or interfere with the Contractor's ability to 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 a the contract for the Program Improvementsconsistent with Federai 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. . Pre- & Post-Construction ResRonsibilitis. The Property Owner shall meet all responsibilities and requirements pertainin to both -construction and post- construction: a. Prior to the start of NIPconstruction, 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; (2) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear a" (white Property Owner NoiseInsulation Agreement Page 2 of 2 space in sketch) r the Contractor, When doing , the Propertyr will have the ability to utilizecomplete r to ceiling" space. Removingl l excessive furnitureand [ [ from the condominium t will not fit in t "Designated r Area"; Removingit window and door treatments (such as blinds, plantation t . storing them ithe "Designated Storage Area"; Removingll electronic and dust-sensitiveitems fromtheir condominium r wrapping withprotective Ey before storingi "Designated Storage ", 3 Removing [ wallmirrors, pictures, shelves, t . storing them in t "Designated t "; (7) Moving all small items and belongingsinto either the closetsr bathroomsti i "Designated trSketch" Afterb. completion of the NIPconstruction, the Propertyr shall meet ll Post-Construction requi include: (1) Moving of all furniture and belongingsstored in the "Designated St " back to their original positions in the condominium: the i f i itr l i ! ii m nto (3) Re-installation of all wall treatments, treatments II hangings back to their original positions in the condominium. . In the event the PropertyOwner fails to performall of the above Pre-Constructionresponsibilities, the Propertyr shall be removed from [ participation and the Property r shall be liable to t Contractor for any and all resulting Il direct and indirect related thereto. . In the event the Property Owner fails to perform any and all of the above Post-Constructionresponsibilities, the Propertyr shall be liable to the and/orCounty Contractor for any and all resulting ll direct and indirect costsrelated thereto. !M pedi__q_ , onstruction. Once constructionf the Program Improvements i , the Propertyshall not impede constructionalter construction l . In iti , the Propertyr shall prevent any and all tenants that may occupy the Propertyduring the constructionthe Program Improvements from impeding tr i r altering constructionl the event the Propertyr or any tenant occupying the Propertyimpedes construdonr ....... _...... __ ....._. ... « .. . Property Owner Noise Insulation Agreement Page 3 o __a alters the constructionschedule, the Propertyr shall be liable to the Contractor and the County for any damages and all direct and indirect t relatedr . • Safe Working Envi[on.•uu ,ent, The Propertyr shall be responsible for providing a safe workingenvironment for the ProgramManager, Contractor, subcontractors, liers, and City, County, State and federal inspectors. a. Throughout all phases of designconstruction r Improvements, t r r shall be responsibler: 1 Providing r ing environment that i free r t ti l health risks, biohazard conditions, chemicals, t l f any ire rexplosives; Refraining from verbal abuse or profanity; Refraining r r i physical contact, and ( Insuring that all petsr I Icontained. b. In the eventthe Owner falls t any of the foregoing conditions, the Programmay, att discretion, be temporarily suspended at any time. I event, the r r shall notify the Property Owner in writing, stating the correctivei tcondition(s) required completed or performed by the Property Owner prior to the County resuming the Program r . c. In the event the Programis not resumed due to the Propertyr failure to completethe correctiveand/orcondition(s) required by the Programr$ the Propertyr shall be liable the County and/or Contractor for any and all damages and all direct and indirect t related thereto. • Ift r ram process is resumed, t r r shall be liable to the Countyr Contractor for any and all damages and all direct and indirect costs ! t to or caused by the temporary suspensionof the r ram process. 9. Construction ! „ , During the constructionperiod, the Contractor may experience unforeseen lip ti relating to the installation of the Program Improvements, try ion contract shall provide that delays relatedto these unforeseen !i tions are beyond the control of the Contractor and shall be excused so that the time for completion may reasonably be extended. Constr ischedules may also be revisedN there is a delayin awardingf the contractr if the Program Improvements re-bld in the event ofl i icontractors and/or failure of the lowest r i , responsible biddert t the contract, provide t and performance bond r show proofof required . 10. Changes Scoper r reserves the right to make changes to the plans and specificationsthe ProgramImprovements, at it ............_........ Property nNoise Insulation Agree e a o 2 sole discretion, t any timei t g provided reduce the scope or quality of the Program Improvementsdescribed in Exhibit such changes are necessitatedthe discoveryf hidden conditionsreadily detectableri l property inspection r r . 11. Acgeptance of Work. Upon completionProgram Improvements, the Programr shall inspect or cause the inspection the Program Improvements to determinethey were completedterms of the contract. r r r retains le discretion and aut riprogram conformance and performanceissues as they relate to theContractor, subcontractors, suppliers acoustic designs. The Propertyner is requestedto attend the Substantial Completion Inspection r i input to the Constructiont with respect to the identified -lit items. In addition, the Propertyr is welcomet aftend the Final 1 i In the t the Propertyl to not attend the Substantial Completion and Final Inspections, they release n surrender their ability t provideinput to the Constructiont with respect to the acceptance of the ProgramImprovements. In the event there is a disagreement between the Property Owner and the Programr as to a conforTnanmr performance issue, t Propertyr shall be required to submit the discrepancyin writingrCounty (representativer the NIP constructionwithin f the inspection i rise to the discrepancy. r t II then make a determination to the acceptabilitythe conformance/performanceissue il action that may need to be taken. Monroe County shall be the final arbiter of any conformanoo/performance/issues. Failurethe Property Owner to submitthe written lint within the timperiode specified shall r foreclose the Property Owners right t h 11.nt. 1 . .TerminatloE of Agr The Propertyr understands that the signingf this Agreement initiates bot TI f the ProgramImprovements to be performed in accordance withthe Program. Therefore, ' the r attempts to terminatei r t or otherwise impedes the progressof the r Improvements after the f the constructioncontract, the Propertyr will be liable to the County for any and all damages and all direct and indirect thereby. 1 . Warranties. The County does not represent r warrant the level of noisereduction h t the Propertyr will experience withinthe Propertyresult of the Programr r of the r . Countya. The h its contractit the Contractor will include standard (1) year warranties from tr rfr all materials and workmanship. Such r warranty periodshall commence as of the time f the acceptance of the work as providedfor in Paragraph . b. t the end of construction, the Programr will provide Propertyr with a WarrantyFinal Closeout Package whichill contain copies warrantythe li i instructions, design documents and legal documents. As condition f receiving the WarrantyFinal Closeoutr r .. . ...... .... _ ............ Propeny Owner,)Voise insulation Agreement Page 5 of 28 must first submit a completed NIP Property Owner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Property Owner understands that the warranty policies for products used in the construction of the Program Improvements differ among product manufacturers. In the event of claim, the Property Owner is solely responsible for pursuing all future product warranty issues directly with each product manufacturer. c. In the event of a claim, the Property Owner shall be solely responsible for, and agrees to contact the Contractor or product manufacturer directly to coordinate any required warranty service and agrees to look solely to the general contractor or the product manufacturer for fulfillment of all warranties and for resolution of all product or construction warranty issue(s): (1) The Property Owner's inquiry is not directly related to either construction warranties or product warranties (such as window cleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty period from the Contractor or thereafter, (2) The Property Owner believes that warranty service is required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; (3) The Property Owner believes that service is required with respect to product warranty issues, the advertised warranty period for the product has not expired, and the manufacturer is currently conducting its business; and (4) The Property Owner believes that service is required with respect to product warranty issues, and the advertised warranty period for the product has expired. 14. Pre-Existing Qefjciencr roperty Owner will be required to sign Exhibit Q (Deficiency Hold Harmless Agreement) which ' will impute all responsibility and liability to the Property Owner for any and all present Pre-Existing Deficiencies at the Property, whether seen or unseen. 15. ., re-Work Reguirements. The Property Owner will be required to complete any and all Pre-Work, as required by the NIP to successfully accommodate the NIP acoustic modifications. The all 09signated Pre-Work items it r th 3tu. lire as establishqd—by- the NIJ . In the event the Property Owner fails to complete the designated Pre-Work items by the established NIP deadline, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 16. it -of Kev West "Hard-Wired" Smoke Alarm RegggimMrit. In compliance with the City of Key West Fire Marshall and the City of Key Wfik Building Department construction permit issuance requirements, the Property Owner will be required to install 120-volt "hard-wired" smoke alarms in their condominium in ..............Propert Y OWner Noise Insulation Agreement Page 6 of28 accordanceitall applicable codes and regulationsideadline as established the NIP. The -Propertv, Owner will be [99pnnsible, t__ensure that the, smoke x�modification alarms rc __. ti , l _ i �dj� .._ _ T i ti illt occur i l construction I w. . rf it i t llt i "hard-wired" alarmsthe establisheddeadline, the Propertyr shall be removed from l i i ti . . Suspension,ion, f Program Process. Program process temporarily t ri timer® the designi, try i discoverythe f Deficiencies due to their potential impact on the Program Improvements r t warranties. The Programill not resume until the Propertyrcorrected all related problemsthe satisfactionthe Program Manager. In the event repairs are not completed in a timely manner, the r Owner will be liable the County for any and all damages and all direct and indirect costs due to delayr stoppages of the r ® . Limitation mmmon Alterations.£ to the Proppsty. r agreest to make alterations, or to permit any tenant ing any portion of the Propertyto make alterationsthe existingi r wallsfromt timef t i t until construction t Improvements completed. ti to this rule pre-approved in writingthe Program Manager. Failure to adhere to this requirement , at the option the Program Manager in its solei t ti , result in an immediate suspensi f the construction the ProgramImprovements on the Property. r r will be liable to the Countyfor all direct and indirect t associated ith unapproved alterati damages related thereto. . r mn �.. tom_ �., _ i i Pre- post- construction i tip is a very important Program process that is designedt measuretr i the actual achieved noiselevel reductionlevel at treated properties. If selectedthe Programn for pre- & post-construction noise testing, the Propertyr agrees to provideto their property for testing agreesnot to ltrti the Intoner of their property (withthe exception of Deficiencies)repairs of from the time thp--pre-oonstructionnoise_ test to ft_p�st- construction _noise..,... t. In to insure i t t noise t collection, the Propertyl to preserve the interior layout of furniture, r coverings windowand treatments from the time._Lf the _pre-qonstruction..,noise test _the post- construction _ i test, The Propertyr understands that the failure t this ir� t may result in corruptionthe i testing t . Therefore, the Property Owner understands they may be liable to the County for any directindirect noisetesting in the event these requirementsr t met. 20. g ul r ti n, As reasonably requested, the Propertyr shall cooperateit the Contractor, the Programr and Monroein the performance of all phases of the Program Improvements including, t not limited t , the removal and reinstallation of rugs, wallhangings and furniture Prop OwnerNoise Insulation Agreement _..___ Page 7 o 28 _._. 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. Design and Bid Process Access. At scheduled times and/or upon not less thantwenty-four (2 ) hours advance notice (via NIP email and/or letter), the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to collect and develop all final design and bid documents. These visits could include, but not be limited to, property surrey, design survey, hazardous material inspection, pre-noise testing and pre-bid visit. In the event the Property Owner fails 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 Property 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 ProperOwner 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 Con 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 ( ) hours advance notice (via NIP email an or letter) and per the established NIP construction schedule assignment, the Property Owner agrees to provide to the Program Manager, Contractor, subcontractors, suppliers, City, County, State and federal inspectors and consultants access to the Property to provide all required I Pre-Construction and Post-Construction visits. These visits could include, but not be limited to final measurement, pre- nstruction inspections, view of Designated Storage Spa 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. 2 . 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 Program Manager 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 __ ... ..® _....... _ . . _..... __.............. roe oise Imulation Agrgement Page 8 of 28 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 into the Key West hurricane seas-on, there 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 fails to provide the required additional access to their condominium due to hurricane-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. 7. During Construction. In the 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 -existing deficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor. 28. Imr,)act of Unforeseen_KWBTS Pyfldin Corjdrtions 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. 29. Existing in o / y vDoor Treatments, Shades and Blinds. 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 b re-installed due to size differences between the new and existing windows and doors. 0. Existing Crown Molding., During the installation of the new acoustic windows and doors, the NIP will be providing new "standard" 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. _.................. _ __ ............ _..._ _._._. _...... _ _ ._.... ._ .m. . Property ,Voise Insulation 9 o 31. Communication Requirements. The Property Owner agrees to read and review all NIP smalls and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner flails to meet this requirement, it could result in removal from NIP participation. 3Z 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. 33. Cooperq§qn in Clearin_q=it a. 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 (fl) secure the written consent of any and all mortgage holders to the Property Owner's conveyance 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. 34. Federal Assurance. As required by the Federal Aviation Administration, the Property Owner agrees to the following provisions: a. 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. 35. Reduction of 6- Fresh Air Infiltration. The Property Owner will be 1—by,"--- -- required to sign Mg _0 E (Ventilation Hold Harmless Agreement) which imputes all responsibility to the Property Owner for the proper maintenance of interior moisture and humidity levels. 36. §glvaqe of Materials & Eg i . If the Property Owner desires ....... --- — - to retain any of the material or equFpm ii�t removea-fi;rn the Property as a result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly with the Contractor at the Property Owner'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 .......................-- I ................ ............................... .....—--------------- I....................... Property Owner Noise InsulationAgreement Page 10 oft of such a written agreement, ll items shall become the r the Contractor, Materials and ei t notli for salvage by the Propertyr shall become the propertythe Contractor. . rovertvnsurance. Duringconstruction ri , the Contractor will prov -builder's risk r r the Property. h r r shall have the , at the Property1 t and expense, to maintain homeowner'sinsurance li for the durationthe construction of the r r Improvements. r r understands that, following ! completion, the Contractors builder's risk insurance il! cease, and it is advisabler the Property Owner to obtaininsurance to cover any valueto the Propertythe Program. 38. Timing andEffects of Construction. The Propertyr understandsthat there is a chance that construction itself may exceed the Contractors original projected constructiontime ri r r also understands that the construction mainvolve ti l inconvenience nd could generatei ifi t quantities t and debrisrendering i f the Propertynip i I r extended periods f time. Labor39. and Materiall The Property Owner releases forever discharges any and all claims, suits and actionsagainst the ProgramManager; the its officers, employees, agents, tcontractors suppliers it respect to issues relatingto the conformancef labor, materials acoustic i tili in the ProgramImprovements. this in thisshall limit the warranties r materials and workmanshipcontained in the contract with the general contractor. 40. Sale of PLQ2e_*. In the event the r Owner sells, conveys or otherwise r fers title to the Propertythe completionall phases of the Program r , the Propertyr hereby agreesto providethe buyer with a copy f this r prior to the closingthe 1 , conveyance or other transfer, and to transfer all offi roperty Owner's responsibilitiesobligations r this Agreement to the buyer as a conditionf the purchase, conveyance or other transfer of the Property, 41. Waiver. No waiver of, acquiescence i , or consent to any breach of any term, covenant or condition hereof shall be construedr constitute, a waiver , acquiescencei , or consent to any other, further or succeeding breach of the samer any other term, covenant or condition hereof. 42. l_ f t. t event that iAgreementi cancelledr fir i ttt t 1 rl record, the Property Owner, upon written request by the County, shall pay to the County the sum f One HundredDollars cover the t preparation recording l t in the publicrecords r Florida. r r understands that it is the PropertyOwner's responsibility to insure such payment is made in order t "clear" the title to the Property. _....__ _..............___._............ _ _.... Property ne Noise Insulation Agreement Page 11 o 2 . AuthqrrtFto„ Execute On Behalf OfCounty. By Resolution No. 111- 200 , duly motioned and passed at a lawfully announced public meeting, the Board of County Commissioners of Monroe County, did, on the 1 r day of March 2004, grant full authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. . Attachments. Attachments to this Agreement include the following, which are incorporated into this Agreement by reference. a. Exhibit : Program PolicyStatements. b. Exhibit : Legal Description of Property c. Exhibit C: Program Improvements. . Exhibit : Deficiency Hold Harmless Agreement . Exhibit : Ventilation Hold Harmless Agreement 46. General Conditions. a. Governing Law, Venue Interpretation, Costs, and Fees (1) This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida applicable to contracts made and to b performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Property Owner agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. ( ) The County and Property Owner agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. ( ) The County and Property Owner agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. . minc Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Property Owner and their respective legal representatives, successors, and assigns. Prop Noise lia 12 aft c. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement at the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. d. AgIbodly. 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 acUon, as may be required by law. e. Duration, of 6greement. 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 for a period reasonably required to effect the Program Improvements (the "Term"), except as may be sooner terminated in accordance with the provisions of this Agreement. f. Aggep r1p@ 2f Gifts ests. The W Grants. Assistance Funds, or Bggg__ County and Property Owner agree that each shall be, and is, empowered to accept for the benefit of any or all of them, gifts, grants, assistance funds, or bequests to be used for the purposes of this Agreement. g. Claims for Federal, or State 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. Adjudication of or Qlsagreements. The County and Property Owner agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 1. 'Nondiscrimination. The County and Property Owner agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The County and'Property Owner agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: (1) Title VI 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 U.S.C. s. 794), which prohibits discrimination an the basis of handicap, (3) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss. 6101-6107), which Property Ownerftise Insulation Agreement Page 13 of 28 prohibits i ri i i the i f age, (4) The Drug Abuse Office AndTreatment Act of 1972 , as amended, relating to nondiscriminationthe basisf r 1 ) The ComprehensiveAlcohol Abuse AndAlcoholism r ti , Treatmentili ti 7 . . 1 ), as amended, relatingt nondiscrimination on the i l 1 abuse or alcoholism; (6) The PublicIt relating to confi i li f alcohol and drugpatient ; 7) The Americans With i iii f . 1201 Note), as may be amended from time t time, relating to nondiscriminationthe basisf disability; (8) The FloridaCivil Rights Act f , (Chapter 760, Florida Statutes, , Florida Statutes), as may be amended from time -to time, relating to nond iscrim i ti , The Monroe Countyi Ordinance t r , Article Villions 13-101 through 1 -1 ), as may be amended from time to time, relating to nondi ri i ti 1 any other nondiscrimination provisionsin any federal or state statutesr local ordinances hi h may applyto the parties , or the f, this Agreement, . G99kqration. In the event any administrativelegal proceeding i instituted agai t either party relating to the formation, ti , performance, or breachr t, the County and Propertyr agree to participate, to the extent required the other party, in all proceedings, hearings, processes, meetings, otherand activities related the t of this r provision oft services r this Agreement, The County and Property Owner specifically agreet no party to this r ll be required to enter into any arbitrationproceedings related to thisr r any Attachment or Addendum to this r t• • Books, _ f h rProperty it maintain , records, and documents directlypertinent to performancer this Agreement in accordance withgenerally taccounting rig i i consistently applied. Each party to thist or their authorized representatives shall have reasonable andtimely to such records of each other party to this Agreement for audit purposes duringthe termf the Agreementfor four years following the termination of this Agreement. covenant1. Covenant of No Interest. The County and Property Owner that neither tl st, and shall not acquireinterest, which1d conflict in any manner or degree with its performancer this Agreement, and that only interest is to perform and receive recited in this Agreement. ® Code of Ethics. r that the officers and employees of t r re—cognizeill be requiredto complyit the standards conductrelating to public1 lip in Section112.313, Florida t , regarding, but not limited t , solicitation or acceptance of gifts, doing business withagency; unauthorized compensation; misuse of public position, conflicting 1 t or contractualrelationship; and disclosurer use of certain information. __._ ....... . _ ...... ... .......__ .. ................... Property er ise Insulation Agree e a e 14 of28 Solicitation/Payment. The County and Property Owner warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely frig 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. Rublic Access. The County and Property Owner shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Property Owner in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by the Property Owner. Public Records Compliance. Property Owner must comply with Flodda 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 reIt ed 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 art abide by the terms of this provision 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 attorney's fees and costs associated with that proceeding. This provision shall survive any tennination or expiration 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 copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as .....................................—.............................. ................ ProperV OwnerVoise Insulation Agreement Page 15 of28 authorized by law for the duration of the contract term and following completion of the contract if the Property Owner does not transfer the records to the County. ( ) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Property Owner or keep and maintain public records that would be required by the County to perform the service. If the Property Owner transfers all public records to the County upon completion of the contract, the Property Owner shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Property Owner keeps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the quested records, the County shall immediately notify the Property Owner of the quest, and the Property Owner must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Property Owner has questions regarding the application of Chapter 11 , Florida Statutes, to the Property Owner's duty to provide public records relating to this contract, contact the Custodian of Public Records, Brian Bradley at ( 05) 292-3470. p. Non-Waiver of Immunity, Notwithstanding the provisions of Sec. 7 . , Florida to s, the participation of the County and Property Owner in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not b deemed a waiver of immunity y the County to the extent of liability coverage, nor shall any contract entered into by the County required to contain any provision for waiver. q. Frivii and Immunities. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of-such officers, agents, volunteers, or employees outside the territorial limits of the County. r. Legal, Obligations and Responsibilities,, Non,- @qption of Constitutional or Statuto Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any other participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, . _ ......... _ _ ___.... ... ....... .. ............... Property ner Noise Insulation Agreement e 16of'28 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. Aftestations. 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 . No covenant or agreement contained herein — so aj L�iabilitv 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. .............................. Property Chimer Noise Insulation Agreement Page 17 of28 IN WITNESS , the Property Owner and the County have executed this Agreement as of the r first above written. ................. __. PROPERTY "D. •, � a „�:•, Ignature ' •, ,' , Slgnntt,re P11ntq0,NamG P Pnnwl Larne r Sionature In,3 ------------ Printed e ...............__ e ........_ ...... WITNESSES: PROPERT7�FR: �., v u m Sfgnatu Printed F 70161,04 � "j, Printed Name A L")f In Ath ,w ,, � r Printed Name [' I ---- UNTY BOARD OF COUNTY COMMISSIONERS: MAYORi CHAIRMAN: I' `' r•` Silvia J. Murphy I , y. Deputy Signature . PP PA .. ....... ....... Property Owner Nob Nobe Imulation n _.. " ;, cr ASISISTAWI 7 PROGRAM POLICY STATEMENTS Exhibit A To Property Owner Noise Insulation Agreement A. Air Conditioning. .General Restrictions. While providing a new ductless "mink split" AC system to your condominium as a part of the Noise Insulation Program modifications, the following limitations and restrictions will apply to all condominiums: 1® All condensing units will be installed on the balcony 2. All refrigerant lines (running from the balcony condensing unit) will be installed consistent with KWBTS Board policy rules, maintaining a maximum height of 48 inches. 3. All 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 aesthetics. ® All interior AC lines (refterant, condensate, electrical) and Energy Recovery Ventilator (ERV) ducts will be housed in new vertical wall and corner pilasters which will be constructed to match the quality of existing walls. The number and locations of the new vertical wall and corner pilasters will differ depending on your unique condominium floor plan and number of bedrooms. The NIP executive architect will review this information with you at your NIP Design Review Meeting. 5. Only electrical service panels that are determined by the Program Manager to be deficient will be replaced by the Program as a part of the Noise Insulation Program modifications. B. Window Sill,Replacement. Due to the presence of asbestos, the NIP will provide a new custom wood surround and sill instead of the existing gypsum board surround. Due to this revised plan, existing custom sills (marble, granite, wood) will hot be replaced. This revision will be an improvement, it decreasing constriction costs and improving time efficiencies. C. Custom Crown Molding and Baseboards Restrictions The new asbestos abatement requirements will restrict the ability to remove existing custom trim and baseboard prior to construction (as otiginally assumed), which will not allow sufficient time for the awarded general contractor to secure custom matched replacement trim. Therefore, existing crown moldings, wall trim, and base, the contractor will, instead, cut the existing wood trim flush to the face of the new pilaster or thru wall ac-infill. At new pilaster locations and, if the thru wall so infill abuts the existing baseboards, the contractor will install a standard (3/4" x 5-1179 painted wood trim to abut the existing trim, rather than attempting to match the existing custom trim profiles and materials. After the completion of the NIP construction, the property owner will ............ &hibit A-Property OWner Noise Insulation Agreement Page 19 of28 have the option to replace the installed trim with other custom trim to match the existing materials and profiles. Door.D. Threshold ieio . Due to stringent Florida hurricane impact and water infiltration building codes, all new aluminum acoustical prime entry swinging doors and sliding glass patio doors will have thresholds that are considerably higher (from the floor) than existing door thresholds. These higher door thresholds are designed to provide optimum protection to the interior of a condominium from water infiltration during hurricane. E. KWBTS Asbestos qgtin s required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, B and C during the November 2017 to April 2018 time period. This testing included collecting 7 to 9 samples at each condominium to include gypsum board joint compound, window glazing, and exterior window and door caulking. In addition, random exterior stucco samples were collected on both the "walkway" and "courtyard / balcony"building elevations. Depending on the laboratory analysis of these samples, the presence of asbestos containing materials (ACM) have the potential to impact several areas of the NIP construction process to include: - window removal and acoustic window installation, - door removal and acoustic door installation, - removal of portable "through-wall"AC units and the infilling of openings, - ceiling cuts required for installation of the ductless AC, - wall cuts required for the installation of the ductless AC, - construction of vertical wall pilasters required for installation of the ductless C system & ERV ducts, construction of closet soffit for installation of the ERV F. AAsbestos Abatement Requirements In the awarded event NIP contractor n y samples show a presenceof asbestos containing material (ACM), the or will be required to perform the following abatement requirements during construction: If sample's show a presence of ACM C 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 - r Owner Noise Insulation ee a Page 20 0,f28 Tsamples show resence of ACM >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, windowsldbors), 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 construction 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 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-Split"AC System Interior Soffit Design and Placement F. In-Filled Kitchen Prime Door Policy Treatment &hibit A-Property Owner Noise.1melation A&eement -1.1-1 Pa.ge 21 of 28 LEGAL DESCRIPTION OF PROPERTY Exhibit To Homeowner Noise Insulation Agreement Condominium Unit 3 - , 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 7 , as amended from time to time,.of the Public Records of Monroe County, Florida. Exhibit -Property Owner Noise l do Agreement a e 22 o,f 28 IMPROVEMENTSPROGRAM Exhibit To Homeowner Noise Insulation Agreement This Exhibit C represents the Program Improvement package for an eligible home that includes the Program Improvements developed by the Program Manager to reduce the interior environment of a propertyby a minimum of five ( ) decibels. typical Program Improvement package may include: Architectural Drawings 0 Replacement Aluminum Acoustical Windows Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) ...... _..._.. _. _. Exhibit - P roper ,n Noise Insulation Agreement e 2.3 of 2 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property ® in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibit D is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remlses, discharges, indemnities 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 concerning any and all claims, demands, 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 full responsibility for the Deficiencies present in the Property, whether visible to the Program Manager or unseen. 3. The Property Owner understands that the Deficiencies include any deficiencies present in the Property at the time of execution of this Agreement which could include, but not be lirnited to, code violations, structural damage, water / moisture damageA hazardous materials, infestation and/or any issue that would negatively impact the installation and performance of the Program Improvements. 4 If visible, the Property Owner understands that the Program Manager may identify and document Deficiencies at any time throughout the Program process (including design, bid and construction processes). If identified and documented, the Program Manager will classify the observed Deficiencies as either"Minor" or"Severe". 5. The Property Owner assumes full responsibility for the worsening of any documented Minor Deficiencies, 6. In the rare event 'Severe" Deficiencies are identified during the design process, the Property Owner agrees to complete necessary repairs to the Property, to the acceptance of the 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 Property Owner agrees to complete - ............... Exhibit D Property Owner Noise insulation Agreement Pag.e 11 24 of necessM repairs to the Property, to the acceptanceof the t minimize any l r stoppages of work. 7. The undersigned acknowledge and agree that all of the retease and hold harmless and property damage, ii�ji deaths, our i t l i � ae apply indemnity S forth i f this r all of the Program Improvements. The i i i impactsnegative f this that'Exhibits all survive after the ttermination additionin tii nr expiration of the Property Owner Noise Insulation A_ nt. 8. The undersignedthat the terms and provisions ofthi fii shall be personalrepresentatives, findin i�, 5 S of the undersigned theirrespective� I •" Xf IWITNESSE 9T r ✓ m�, 9 j ow- Signaturetad to �° r 1 � e. ! rp` w_ i Pdnted fame °Ic PY'In w � r,S Date Printed Name ._ ,.. PROPER W Signature P�w ]Name i 9 4 minted Name 411 MUM i R:r f { Date rfnted Name - I O Signabire 6ii-inatum Prl Name I Printed Name Signature Printed am m. h = - r ' e I anon a t Page 25 of 28 VENTILATION Exhibit T Propertyr Noise Insulation Ag 1. in partial consideration of the compensation to be paid on behalf of the County and the Program for the Program Improvements to be made to the Property described in the Agreement of even date herewith (the "Agreement") between the County and Property Owner and to which this Exhibft E is attached, the undersigned, for and on behalf of the undersigned and the heirs, personal representatives, successors, and assigns of the undersigned, forever releases, remises, discharges, indemnifies 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 con ruing any and all claims, demands, 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 Ventilation Deficiencies (the "Deficienciesl against said 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 doors, removal and infillin of "through-wall" portable air conditioner units and the addition of a replacement ductless mini-split" air conditioning system. Because these modifications will result in a tighter interior environment due to the elimination of all passive inside / outside air leakage that was naturally occurring in all openings, the Program will also include the addition of a energy recovery ventilation ( V) unit which will provide an adequate exchange of inside / outside air to the condominium as required 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 ( V) unit to avoid the potential for mold and moisture problems, especially during periods when the condominium is closed and uninhabited. . 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 exterior 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 . .._ ..... . .._ _ _ ._...... _ . ibis -Property Noise f ultio a nt e 2-6 o bathroom moisturein a central building exhaust shaft. Duringthe Program design survey process it was discoveredthe KWBTS buildings lack a solid central building exhaust shaft. Due to this existing condition, these original wall vents (if still sent) have the potential to provide a pathway for unwanted air, smoke and/or gases into the condominium i t ri r. The Property Owner agrees 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. . It is clearly building violation to duct laundry er exhaust to the KWBTS central exhaust shaft. In the event a Property Owner has incorrectly u their laundry dryer vent to the KWBTS central building exhaust shafts, they agree to correctthis deficiency properly ti their laundry r exhaust in an alternative to that meets current building t their cost before the initiation of the construction process. Furthermore, the Property Owner agrees to assume any and all liability related to the improper ducting of their laundry dryer exhaust. 6. The Property Owner understands that the Program Improvements will not address kitchen and bathroom ventilation an l r excessive interior humidity levels generated by the Property Owner within the interior of the condominium. The Property Owner understands assumes full responsibility for maintenance of interior moisture and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, ccu nc r worsening of moistureproblems and/or interior humidity levels in the Property. In addition, the Property Owner agrees to assume full sponsibility for the maintenance and operationf the NIPventing ifi i t completion of the Program Improvements. 7. The undersignedacknowledge and agree that all of the release, hold harmless and indemnity visions set forth in Paragraph1 of this Exhibit E apply to injuries, e th , or damages sustained in connection with or as a result of any and all interior ventilation defiinci s arising after the addition of the Program Improvements including, but not limited t ; high humidity, of it for lack r exhaust ventilation. The provisions of this Exhibit E shall survive the terrnination or expiration the Property Owner Noise Insulation Agreement. 8. The undersigned hereby agree that the terms and provisions. of this 1 if E shall be bindingn and inure to the benefit of the undersigned and their respective heirs, personal representatives, successors n assigns. $ i WIT Y--_- .fir" s o f OW ' Signature - � c Signer er F e Prin N 9 Pr1r1.e , 444 S� r nature e & i Anted Namef _ ........ ... Exhibit E-Property Owner Noise insulation nt Page 2 7 ,f 28 _.,,_._......._._........�. ......�..._.......,,,. WITN 9,SSES- PROPERTY OWNER: V4 Signature � , ., giant, _ m _....... _. 31,3 re ,.^ Date Pnnseil Name WITNESSES: PROPERTY OWNER: isnn ,, _ �� a Signature � Pflnted Name Printed dame- Signature ffr—intedame 68to I Exhibit E - olse.1mulation 4mement Page 28 of 2 ..—