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09/18/2019 Agreement/Easement-C324 �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 PMRAE2111 11 a M Ix Doe#2263774 Bkffi M9 Pg#45 Heather P. Faubert Recorded 412112020 11.34 AM Pop I of 4 NIP Assistant Project Manager Dead Doc Starnp$0.00 THC, Inc. Filed amd Recorded m OfflcW Records of 710 Dacula Rd., Suits 4A#315 MONROE COUNTY NEVINMADOIC,CPA Dacula,GA 30019 AVIGATION EASEMENT Key West International Airport Noise Insulation Program THIS EASEMENT AGREEMENT is entered into this 2 94ay of uuA&Y 20J-J, by "WILMA PARTNERS, LP", hereinafter Oerred to as Othe Propedy Owner,w in favor of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a body politic and corporate, hereinafter referred to as OBOCC." .RECITALS: A. The Property Owner is the fee simple titleholder to certain real property("the Propertyu) located in Monroe County, Florida, more particularly described as follows: Condominium Unit 324-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, a Condominium, together with an undivided Interest in the common elements, according to the Declaration of Condominium thereof, recorded in Official Records Book 589, Page 370, as amended from time to time, of the Public Records of Monroe County, Florida. also identified as street address: 112601 S. Roosevelt Blvd., Unit C32411 B. The BOCC is the owner and operator of Key West International Airport('the Airporf) and desires to make properties that, through interior noise exposure testing, are determined incompatible as a result of their exposure to aircraft noise compatible for residential purposes through the implementation of a Noise Insulation Program ("NIPM). C. Under the NIP, the Airport will design and install or pay for the installation of improvements and modifications to the Property Owner's Property necessary to reduce interior noise levels at least 5 dB and to bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. Granting of an Avigation Easement ("Easement') is a BOCC condition of participation in the NIP. The Easement will supersede any implied or prescriptive easements that the BOCC may have obtained under applicable laws. D. The funding source for sold NIP will include funding from the United States Government pursuant to the Airport and Airway Improvement Act of 1982, and will include funding from the BOCC, acting in its capacity as the owner and ope.rator of the Airport. E. The Property Owner desires to participate in the NIP and has entered into a Property icey West'lmernavonal Airport NIP—AvIgallon Easement 324) Page 1 of 4 Owner Noise Insulation Agreement with the BOM The BOCC's implementation of the NIP will benefit the Property Owner and the Property by providing certain remedial sound attenuation construction on all eligible residential structures on the property necessary to achieve a reduction in DNL indoor noise levels of at least 5 dB and bring the average interior noise level below 45 dB in accordance with Federal Aviation Administration policy. F. The Property Owner fully understands that the NIP eligibility could change at some future time, but is currently based on the 2013 Existing Condition Noise Exposure Map accepted by the Federal Aviation Administration ("the FAK) on December 19, 2013. G. The NIP will be administered in accordance with the current FAA Order 5100.38, Airport Improvement Program Handbook, H. It is the purpose of this Easement Agreement to grant to the BOCC a perpetual avigation easement, on terms as hereinafter set forth. NOW THEREFORE,for and in consideration of the improvements 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 Avigation Easement of the recitals set 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 to the BOCC, its successors and assigns, a perpetual wAgation easement over the property, The use of the Easement shall include the right to generate and emit noise and to cause other, effects as may be associated with the operation of aircraft over or in the vicinity of the property. This Easement shall apply to all such aircraft activity at the Airport, present or, future, in whatever form or type, during operation at, on, to or from the Airport, and it being the intent of the parties that all such Airport activity shall be deemed to be included within the pur%lew of this Easement, 2. This Easement shall be perpetual in nature and shall bind and run with the tive to the property and shall run to the benefit of the BOCC or its successorin Interest as owner and operator of the Airport. 3. The Property Owner on behalf of the Property Owner, its heirs, assions and successor's 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 lessees, from any and all claims, demands, damages, debts, liabilities, costs, attorney's fees or causes of ac5on of every kind or nature for which the Property Owner or its heirs, assigns, or successors currently have, have in the past possessed, or YAll in the future possess, as a result of Airport operations 'or aircraft activities and noise levels related to or generated by Airport activity, or may hereafter have as a result of use of this Easement, including but not limited to damage to the above-mentioned property or Contiguous property due to noise, and other effects of the operation of the Airport or of aircraft landing or taking off at the Airport. Key West Intemagonal Ali port NIP—AAgaflon Esc t(Unft WA24) Page 2 11 of 1,4 1--,. 4 This Easement expressly excludes and reserves to the Property Owner and to the Property Owner's heirs, assigns and successors in interest, claims, demands, damag'as, debts, liabilities, costs, attorneys' or expert's fee, or causes of action for physical damage or personal injury caused by any aircraft or part of any aircraft using the Easement that does identifiable physical damage to the property or,injury to a person on the property by coming into direct physical contact with the property or the person on the property, 5. Should either party hereto or any of their successors or assigns in interest retain counseI to enforce any of the provisions herein or protect its interest in any matter arising under this Agreement, or tD recover damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to all costs, damages and expenses incurred including, but not limited to, attorney's fees and costs incurred in connection therewith, including appellate action, & No provision of this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provision. This Agreement shall be interpreted and construed according to the laws of the State of Florida. 7, No breach of any provisids of this Agreement may be waived unless in writing, Waiver of any one breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement, This Agreement may be amended only by written instrument executed by the parties in interest at the time of the modification. In the event that any one or more covenant, condition or provision contained herein is held invalid,* void or illegal by any court of competent judsdicUon, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision hereof so long as the remaining provisions do not materially alter,the rights and obligations of the parties. If such condition, oovenan't or other provision shall be deemed invalid due to this scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by low, 8. In the event the Airport shall be subdivided into more than one parcel, or the Pirport or a portion thereof becomes subject to operation, management or administration by a-party in addition to or in lieu of the BOCC, then and in that event the parties agree that same shall not terminate or otherMse affect this Agreement so long as a portion of the Airport conflnues to operate for standard airport flight purposes, and that any such successor in interest to the BOCC shall be entitled to all of the benefits running to the BOCC hereunder, 9. The Property Owner agrees that the Prop" Owner shall bear and be responsible for all costs of maintaining and operating any sound attenuation materials and equipmerit installed in the Property by or on behalf of the BOCC, meflonal Mr port NIP—AvIgaflon Easement(Unk#C324) Page 3 of 4 This Easement Agreement is executedfirst v i . ...........: Partners,PRPPERTY OWNER: PROPERTY OWNER: L.P. jr v i, Signature � Sig nature _�a g t. Fw.E Printed Name~Trustee of 1996 IrrevocablLBrinted Name ' r ► r , :L r r w i I I jr 15 a r Date ., STATE FCOUNTY y - I The foregoing Instrument was acknovAedged beforeIs . - t ,., Property Owner Name(s) i�_� w .. q L AL CLAQ. d; Carla J.Payer,Notary Public MY Commission Nary Public l In nabur , e ma County Si na yCo ion x it a P Nov.28,20 0 .�.. �„ �€t$ Ise• NRIE COUNTY BOARD OF COUNTY COMMISSIONERS:-IT MAY i S natu "j)f Ire , Printed Name ' f F'� RrlrHi�d Name 1 uv .��. .� 1 Signature Printed Nan€ STATE OF FLORIDA 3 COUNTY The foregoing instrument was acknovAedgedbefore a this day of 20 by as Mayor of the Monroe County Board of County Commissioners, a,body politic and corporate. yCommission Expires: Notary—PublicA—Ig"nature ' ( J Key ,,. ..._ ... .gym,_.. J t �+�4 r pa•'z West International Airport NIP—AvIgation Easement(Unit ) � ' ,. = I � POgi440f4 PEDRQJ �R0,EYv e), West b� the Sea Ji N .: Name(s): Wilma Putners. LP PROPERTY OWNER NOISE INSULATION AGREEMENT KEY WosT INTERNATIONAL AIRPORT,MONROE COUNTY THIS NOISEINSULATION (this r ) is made and effective the last belowwritten corporation J existing r the laws of the Statef Florida (the "County"),' and the undersignedr ro). WHEREAS, the r Owner is the solerecord owner in fee simple certain real property located in the City of Key West, County of Monroe, State of Florida, and more particularly described on Exhffift B. attachedt (the "); and WHEREAS, the County is the owner and operator of the Key West International Airport (t )" situated- the City of Key West, County of Monroe, State f Florida, and in l proximity to the Property; the County desiresto obtainr the use and benefit of the publict of free and unobstructedflight for aircraft lending , taking from, or maneuvering about the Airport; OwnerWHEREAS, the Property has electedparticipate in the Key West International itport's Noise Insulation Program (the "Program") and, as part of the Program, the Propertyr has electedto obtainl treatments improvements to the PropertyParticularly rl hereto (t "Program Improvements")a said Program Improvements to be paidfor by the County t no cost to the PropertyOwner and in exchange for the grantingthe County f an avigationt over, across and throughthe Property; WHEREAS, the County will enter into tr i contract with general contractor (t "Contractor) to providethe installation f the Program Improvements; the Programis managed by the consultant team consistingf team manager and assistant manager, architect, mechanical I electrical engineer, acoustician t i r selected by the (t Manager"); and the Propertyr and the mutually it to agree to the termsI the Propertyr will participate in the Programreceive Programthe r the terms and conditionsprovided herein', NOW, THEREFORE, in considerationf the conditions t forth herein, and other good and valuableI rl , the receipt and n r Albin Imulation Agmement ��� � � 1 o sufficiency of which are hereby acknowledged, the Property Owner and the County hereby agree as follows: 1- Q_r&nJ_SJE_asement. Simultaneously with the execution of this Agreement, the Property Owner executed and delivered to the Coun tion easement (the "Easement") which Easernent has been recorded in the public record s of Monroe County, Florida. Th ins in full force and effect and is hereby ratified in all respects. 2. Program Policy, Statements. Consistent with the Program and/or Federal Aviation ministration Airport Improvement Program policies and procedures, the Program Manager has developed a series of Program Policy Statements outlining construction and eligibility restrictions. The Property Owner understands that prescribed Program Improvements will be consistent with the Program Policy Statements provided to the Property Owner by the Program Manager. A copy of the Program Policy Statements is attached hereto as Exhlbft A. & Pa ment of PMgD1MIre 2MygMq&. The County agrees to pay fbr the Program Improvements described in Exhilfiff C attached hereto. The Program Improvements will be approved by the Property Owner and County, managed by the Program Manager, and performed by the Contractor. 4. 1m2tdtQ_Q2m222bm_2Ld_Rmaw. The Property Owner shall not impede or Interfere with the Contractor's ability to select between approved product manufacturer's and subcontractors in the preparation of bid submittals. To insure a competitive bid environment, the Property Owner is prohibited from having any discussion or communication with the Contractor, in relation to the Program, the contractors bid, or this Agreemerit until after award of the construction oontract by the County. Failure of the Property Owner to comply with this provision shall, at the option of the County in its sole discretion, result in disqualification from the Program and cancellation of this Agreement. & Construction Contract. The County will award the contract for the Program Improvements consistent with Federal and County competitive bidding policies and procedures. The contract will require the Contractor to complete the Program Improvements within a time pedod defined by the Program Manager, 6. Pre- & Post-Construction Responsibilities. The Property Owner shall meet all responsibilities and requirements pertaining to both pro-construction and post- construction: a. Prior to the start of NIP construction, the Property Owner shall meet all Pre-Construction requirements to include: (1) Removing all valuables (sucti as jewelry, coins, guns, antiques, heirlooms, etc.) from their condominium; (2) Moving of all furniture and belongings into the "Designated Storage Space Area" within the condominium, providing the required "clear area" (white 0 rly Owner Noise Insulation Agreewnt Page 2 of28 space in sketch) for the Contractor. When doing so, the Property Owner will have the ability to utilize the complete "floor to calling" space. (3) Removing of all excessive furniture and belongings from the condominium that will not fit in the "Designated Storage Space Area"; (4) Removing all window and door treatments (such as blinds, drapes, plantation shutters, etc.) and storing them in the "Designated Storage Space Area,"; (5) Removing all electronic and dust-sensitive items from their condominium or wrapping it protective poly before storing them in the "Designated Storage Space Area"; (6) Removing all wall hangings (such as mirrors, pictures, hanging shelves, etc.) and storing them in the "Designated Storage Space Area"; (7) Moving all small items and belongings into either the closets or bathrooms as outlined in the "Designated Storage Space Sketch" b. After completion of the NIP construction, the Property Owner shall meet all Post-Construction requirements to include: (1) Moving of all fumiture and belongings stored in the "Designated Storage Space Areas" back to their original positions in the condominium: (2) Moving of any excessive furniture and belongings back into the condominium; (3) Re-installation of all wall treatments, door treatments and waII hangings back to their original positions in the condominium. c. In the event the Property Owner fails to perform any and all of the above Pre-Construction responsibilities, the Property Owner shall be removed from NIP participation and the Property Owner shall be liable to the County and/or Contractor f6r any and all resulting damages and all direct and indirect costs related thereto. d. In the event the Property Owner falls to perform any and all of the above Post-Construcfion responsibilities, the Property Owner shall be liable to the County and/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. 7. jMg2d1hgQon truction. Once construction of the Program Improvements begins, the Property Owner shall not impede construction or It*er construction schedules. In addition, the Prop" Owner shall prevent any and all tenants that may occupy the Property during the construction of the Program Improvements from impeding construction or altering construction schedules. In the event the Property Owner or any tenant occupying the Property impedes construction or Propeny Owner Noise clarion Agreement Page 3 of 28 aIt ers the construction schedule, the Property Owner shall be liable to the Contractor and the County for any damages and all direct and indirect costs related thereto. 8. Safe Workip_gEnvironment. The Property Owner shall be responsible for providing a safe working environment 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 heafth risks, blohazard conditions, hazardous chemicals, obstacles, weapons of any kI nd and/or explosives; (2) Refraining from verbal abuse or profanity; (3) Refraining from aggressive physical contact', and (4) Insuring that all pets are completely secured and contained. b. In the event the Property Owner falls 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 writing, stating the corrective aPtion(s) and/or condition(s) required to be completed or performed by the Property Owner prior to the County resuming 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 Prop" 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 Prop" 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. Qonstry ct1oM_QjhW. 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 the Contractor 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 have to be re-bld in the event of lack of bidding contractors and/or fallure of the lowest responsive, responsible bidder to execute the contract, provide a payment and performance bond or show proof of required insurance. 10. Channest A_ o, Sq922 of Work. The Program Manager reserves the right to make changes to the plans and specifications and the Program Improvements, at its Property Owner Noise Insulation Agreement Page 4 of 28 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 it at t i f i i t il changes are necessed by he dscovery o hdden condtions no ready detectable during normal property inspection procedures. 11. Acceptance 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 conformance and performance issues as they relate to the Contractor, subcontractors, suppliers and acoustic designs. The Property Owner is requested to attend the Substantial Completion Inspection and provide input to the Construction Manager with respect to ttie identified punch-list items. In addition, the Property Owner is welcome to aftend the Final Inspection. In the event the Property Owner elects to not attend the Substantial Completion and Final Inspections, they release and surrender their ability to provide input to the Construction Manager vVith respect to the acceptance of the Program improvements. In the event there is a disagreement between the Property Owner and the Program, Manager as to a conformance or performance issue, the Property Owner all be required to submit the discrepancy in writing to Monroe County (representative to be defined before the NIP construction process) within 7 days of the inspection giving rise to the discrepancy. Monroe County shall then make a determI nation as to the acceptability of the. coof mance issue and any remedial action that may need to be taken. Monroe County shall be the final arbiter of any conformancelperformanceAssues. Failure by the Property Owner to submit the written complaint Within the time period specified above shall thereafter foreclose the Property Owners right 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. Therefore, 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 t6the County for any and aII damages and all direct and indirect costs caused thereby.- 13. Warrant of M. The County does not represent or warrant the level noise reduction that the Property Owner will experience within the Property as a result of the Program Improvements performed as part of the Program. a. The County agr6es that its contract with the Contractor will include standard one (1) year warranties from the Contractor for all materials and workmanship', Such one-year warranty period shall commence as of 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 Property Owner ........... Pro peny Owner Noise Insulation Agreement Page 5 of28 must first submit a completedI eOwner Satisfaction Survey to the Program Manager. After receiving the Warranty & Final Closeout Package, the Property r .understands at the warrantypolicies 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 f u r directly to coordinate any required warranty service and agrees to look solely to the general contractor or the productmanufacturer for fulfillment of all warranties and for resolution of all product or construction r iu ( ): (1) The PropertyOwner's inquiry is not directly related to either construction warranties or product warranties (such as windowcleaning or product maintenance) regardless of whether the Property Owner's inquiry arises during the one- year warranty periodfrom the Contractor or thereafter; ( ) The Property Owner believes that warranty service i required with respect to construction warranty issues, and the one-year warranty period from the general contractor has expired; ( ) 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 ( ) The Property Owner believes that service is required with respectto product warranty issues, and the advertised warranty rib r the product has expired. 1 . Pro-Existina Defigigheigg. The Property Owner will be required t sin 1 !t (Deficiency old Harmless Agreement) which will impute all responsibility and liability to the Property r for any and all present Pre-Existin Deficiencies at the Property, whether seen or unseen. 15. Pre-Work RqqWiret TheProperty Owner will be required to completen n all Pre-Work, as required by the NIP to successfully cco mod to the I acoustic modifications. The Progerty Owner will be reguimd to complete all designated - o itema jitilizing their own funds and per the required dpAdli s establirmhod by the NIP.- In the event the Property Owner fails. to complete the designated Pre-Work items y the established NIPdeadline, the PropertyOwner shall be removed from NIP participation and the Property r shall be liable to the County and/or Contractor for any andII resulting damages and all direct n indirect costs related thereto. 16. City of Kev West° - i d" Bmgke Alarm Reguimm-e-n—t, I . compliance with the City of Key West Fire Marshall and the City of Key West Building Department construction permit issuance requirements, the Property Owner will b required to install 1 -volt " - i " smoke alarmsin their condominium in -� n . .. .�.-- Propeny Owner Noise I ultion a et Page 6 of 2 accordance with all applicable codes and regulations by the required deadline as Iii I I I I �, lo established by the I . The � �� , 1 1 )wn r wil ri,i 1) 11MID LAW.W.U-0 smoke alarms are not installed in sanis areas within the condominium where NIP modification work, will occur t I _potential imp edanoe to the NIP constrgrJon 2Mgess. In the event the Property Owner falls to install the designated "hard-Wred" smoke alarms by the established NIP deadline, the Property Owner shall be ramoved from NIP participation, . Pr: ��, The P r og ra rat prooess may be 17. Lq )f§SUujR,)leBnjs )i temporarily suspended at any time during the design and/or construction phases upon the disc f 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 problems to the satisfaction of the Program Manager. In the event repairs are not completed in a timely manner, the Property Owner vAll 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. 18. lrlt 1 , n EA_jg jb&_Pr er . The Property Owner agrees not to make alterations, or to permit any tenant occupying any portion of the Property to make 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 compIt ed. Exceptions to this rule must be pre-approved in writing by the Program Manager. Failure to adhere to this requirement may, at the option of the Program 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 fbr all direct and indirect costs associated with unapproved alterations and damages related thereto. 19. Fre and Post-Construction Noise Testing Process. Pre- t-& pos construction noise testing is a very important Program process that 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 noise testing, the Prop" Owner agrees to provide access to their property f6r testing and agrees to not to make alterations to the interior of their property (with the exception of repairs of Dericiencie from the timmm�e of the pire-construction noise test, to the construabon noise test. In an effbrt to insure consistent noise data collection, the Property Owner also agrees to preserve the interior layout of furniture, floor coverings and window treatmentsh I f t tl rr l t t- The Property Owner understands that the failure to adhere to this requirement may result in corruption of the noise testing data. Therefore, the Property Owner understands they may be liable to the County for any direct and indirect noise testing costs in the event the requirements are not met. 20. goqger 10. As reasonably requested, the Property Owner shall At cooperate with the Contractor, the Program Manager and Monme 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. Property Owmr Noise Inmiation Agreement Page 7 of 28 1. Utilities. The Propertyr shall permit the Contractor to use, at no t to the Contractor or the County, existingutilities light, heat, power and water necessary to carryout the r Improvements. 22. Desigh and Bidt scheduled times and/or upon not less t twenty-fournotice (via NIP emafl andlor r, the OwnerProperty agrees to provideto the Programr, Contractor, subcontractors, suppliers, City, Countk, Statefederal inspectors l to the Property to collectl ll final design andi icould include, t not be limited , propertyl , hazardous material inspection, pre-noise ti pre-bid I it. In the event the Property Owner falls t provideto the Propertyfor all required NIPi i visits, the Propertyr shall be removed from NIPi t . 23. E&C n i r r agrees to provide access to the Propertyforty-eight prior to the scheduled startf NIP construction. This short visit will provide the Programwith ill to ensure that the Propertyr has met all furniture storageresponsibilities. Fait l result in the suspensionf the scheduled [ tr i the Property Owner shall be liable t for Contractor for any and all resulting ll direct and indirect It thereto. 24 Pre and t_QonjLrUi;fi0 Access. At scheduledtimes and/or upon t less than twenty-four tip (via NIPi r letter) and r the establishedl r ion schedule assignment, the Property agreesr i to the Programr, Contractor, subcontractors, suppliers, City, Stateinspectors and consultantsto the Propertyprovide all required IP Pre-Construction and Post- try I i its. These Visits could include, but not be limited t . final measurement, pre-construction inspections, review f Designated t rage Space requirements, post construction inspections post- construction noise testing. l the event the Property Ownerfll to provider all requiredl t Construction visits, t r r shall be removed from [ [ i tl r shall be liable to the Countyand/or Contractor for any and all resulting damages and all direct and indirect costs related thereto. Construction _ I construction contract, the Contractor will provide the Programr with their ff nal construction schedule, whichwill include the requiredr ofcalendar days to completethe NIP construction in each of the participatingcondominiums. this 1 , the Programill assign each PropertyOwner with a designatedf calendar days in whicht ill occur in their condominium, The Property Owner agrees to relocater it condominium ter the entire l time period. I addition, the r r agrees not t r their property for any reason during their assigned constructionto safety concerns.andpotential to negatively impact the Contractor. In the event the Propertyr falls to provider their assignedn tr tl period, the Propertyr shall be removed from NIP r Noiso Imuladon Agreement Page 8 of 28 participation and the Property Ownershall be liable to t r Contractorfr any and all resulting damages and all direct and indirect related there Constructionriod Extension Due to Hurricanes- 1 l constructionill extend into the Key West hurdeane , there is potential for construction I r stoppages, beyond the control of the Contractor, in the event f a threat f an approachingi r an actual hurricane event. Due to this possibift the Propertyr understands that delays may occur in additionto their originally asi t time period, it It or cost to the Contractor and Program n r, Furthermore, t r r agrees to relocatefrom their condominium for all additional calendar days resultingfrom NIPn tr ti r stoppagesthreat or event at no cost to the Contractor and/or Manager.Program In the eventt Owner fails to providethe required additional access to their condominium due to hurricane-relatedr t } the Propertyr shall be removed from I i i ti rr and the Property Owner shall be liable to the t for any and all resulting ll direct and indirect l thereto, 27. is f - ltit � rl ring Construction, In the event the Contractori r - tlng deficiencies at the Propertyrig the NIP constructionr that negatively impact the installation f the NIPimprovements, the Propertyr agrees to immediately repair and rernediatedeficiencies in effort to reduce y negative impact on the scheduledconstruction tProperty Owner understands that, depending on the timing f t ° tldeficiency repair, the NIP construction period may need to be extended, at no fault of the Program Manager or Contractor, 28. IjMpgqj of UnforeseenBuilding QQncil'tionson Construction Schedule. r understands that unforeseenbuilding itl y arisethel construction t potential t inoriginal scheduledti rr of construction, which is not the fault of the Programr nor Contractor, The Property Owner needs to plan for the - i ili that the oNgingily-scheduled constructionl ti n date may be delayedfew additional days due to unforeseenbuilding conditions that may arise complicate the NIP construction. #' r r r lr , The Owner understands that, after the installation of new Nlacoustic window end, doors, the existing r door treatments, shades and blindst be compatible r able to be re-Installed to sizedifferences existing i . 30. i tiny Crown Moldia L. During the installation f the now acoustic windows and doors, the NIPill be providing " replacement interior trim sills. The Property Owner understands that the l replacement trim will not match #om and/or specialized.crown moldingr custom window and r trim. After the completionf the NIPmodifications, r r will have the abilityto make modificationsto the NIP interior trim t their own expense. Property Owner Noise Insulation Agrea t Page 9 of 2 1. Communication Requirements. The Property Owner agrees to read and. review all NIP emails and/or letters in a timely fashion which are being provided by the NIP to ensure schedule conformance. In the event the Property Owner falls to meet this requirement, it could result in removal from I participation. . Title Examination. The Program Manager has obtained or will obtain, at its solecost and "Abstract of Title" to ensure that the Property title is free from liens and/or title defects. 3. Cooperation in Clearing Title. Prior to the commencement of construction of the Program Improvements, the Property Owner shall cooperate with the County in order to (i) correct any title defects affectingthe Property which are disclosed y the "Abstract f Title" and in the sole determination of the County may serve to invalidate the Easement, and (ii) secure the written consent of any and all mortgage holders to the Property Owner's conveyance of the Easement to the Countyif the County t r ins that it is necessary or desirable to do so (collectively, t "Tit/ Matters"). I , prior to the commencement of construction of the Program Improvements, the County, in its sole discretion, determines that the Title Matters affecting may invalidate the Easement, this Agreement shall be null and void, and the Easement shall be terminated. . FederaI aura—nce As required by the Federal Aviation Administration, the Property Owner agre a to the following provisions: . 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 may reasonably be requested by the Program-Manager and/or Monroe County. Afterb. final completion of the Program Improvements, the Property Owner shall assume the responsibility for maintenance operation of the items installed, purchased or constructed under this Agreement. , Neither the Federal Aviation Administration nor the Countybears any responsibility for maintenance and operation of these items. 5. Redotba of FrIgh Air lnfilt ti n. The Property Owner will be required to sin 1 1 (Ventilation Hold HarmlessAgreement) which imputes all responsibility to the PropertyOwner for the proper maintenance f interior moisture and humidity levels. 36. Selvage, of Materiall & Eguilpment. If the Property Owner desires to retain any of the material or equipment removed from the Property result of the Program Improvements, the Property Owner shall arrange for the salvage of said materials and equipment directly ith the'Contractor at the rope Owner's sole risk and expense. The Countyassumes no responsibilityr the'condition of the material, equipment or surrounding surfaces as a result of the owner-requested salvage. The Property er 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 o ;ty Owner Noise Insulation a t Page 10 of 28 of such a written agreement, all it shall bec6me the property of the Contractor. Materials and equipment not listed for salvage by the Property Owner shall becore the property of the Contractor. 37s EM2LrhL Ire surance. During Program construction period, the Contractor will provide builder's dsk insurance for the Property.-The Property Owner shall have the option, at the Prop" Owners sole cost and expense, to maintain a homeowners insurance policy for the duration of the constniction of the Program ImproverneriteL The Property Owner understands that, following final completion, ttle Contractor's builders risk insurance will cease, and it is advisable for the Property Owner to obtain insurance to cover any value added to the Pr the Program, 38. Timing 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 and all claims, suits 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 conformance of labor, materials and acoustic designs utilized in the Program Improvements, Nothing in this paragraph shall limit the warrantles for materials and workmanship contained in the coritract mrith the general contractor. 40 21W&BLo"e . In the event the Prop" Owner sells, conveys or otherwise transfers fifle 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 Property Owner's 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. fljlALq_qf E@12ment. 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, Florida. Property Owner understands that it is the Property Owner& responsibility to insure such payment is made in order to "clear" the title to the Property. Property Owner Noise Imulation Agreemeng Pqge 11 of28 43. t rit t l m if f lution No. Ll 1- 2QO4, 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 Marp L 1 4, grant full 2QL authority for the County Administrator to execute this Agreement on behalf of the County without further action by the Board of County Commissioners. 44. Attachments. Attachments to this Agreement include the following, which are incorporated into tHs Agreement by reference, a. Exhibit A: Program Policy Statements. b. Exhibit B: Legal Description of Property c. Exhibit C: Program Improvements. & Exhibit D: Deficiency Hold Harmless Agreement e. Exhibit E, Ventilation Hold Harmless Agreement 45. 'General Conditions. a. (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 be performed entirely in the State. (2) In the event that any cause of action or administrative proceeding is instituted for the enfbrcement 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. (3) The County and Property Owner agree that, in the event of conflicting interpretations of the tenns 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. (4) ini The County and Property i i 0'wner agree that in the event any cause of action or admstrative proceedng s 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. b. Bindlpq Effect. The terms, covenants, condifions, 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. Property Owner Noise Insulation Affeement Page 12 of28 c. Severablilty. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared lnvall r 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. &LhqLty. 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. 2UMfign of_Agreement. This Agreement shall commence upon the execution of this Agreement, subsequent to execufion by the Property Owner and by the County and shall remain in affect for a period reasonably required to effect the Program Improvements (the "Term"), except as may be sooner terminated in accordance Wth the provisions of this Agreement. f. 6X&p—ta—nce _of _GLIft.. grants 601iW_na _Funds,x Beues The 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 be,quests to be used for the purposes of this Agreement. g. Claims fbrFederal _gr .$Jste Aid, The County and Property Owner agree that each shall be, and is, empowered to apply fbr, 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 Cout'ity prior to submission. h. 6dW1:1cation 2f Dis tel r 2kgQMjM§ntL. The County and Au _o Prop" Owner 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. Nerr 4&gdMjpat1on. The County and Prop" Owner agree that there Mll be'no discrimination agclI 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 VAthout any further action on the part of any party, effective tie 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 n ondiscdm!nation. These include but are not limited to: (1) Title VI of the Civil Rights Act of -352) which prohibits discrimination on the basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act'of 1973, as amen s 794), which prohibits discriminatiori on the basis of handicap; (3) The Age Discrimination Act of 1975, as amended (42 U&C. s& 6101-6107), which Propen)v Owner Noise Imuladon Agreement Page 13 of28 prohibits discrimination on the basis of age; (4) The Drug Abuse Office And Treatment Act of 1972 L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And AJeohdilsm Prevention, Treatment and Rehabilitation Act of 1970 (P.L 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health Service Act of 1912, ss. 523 and 527, (42 U&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&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 tirne to Urne, relating to nond iscrim!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 nondiscrimination; 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 matteroif, this Agreement. j. Qg2giration. 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' proceisdings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Property Owner specifically agree that no party to this Agreement shall be required to enter,into any arbitration proceedings related to this Agreement or any Attachment or Addendum to thi reement. k. Books, Eg2qrds,and Documents. The County arid Property Owner shall maintain books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounfing principles consistently applied. Each party to this Agreement or it authorized representatives shall have reasonable arid timely access to such records of each other party to this Agreement for it purposes during the term of the Agreement and for four years following the termination of this Agreement. 1. 92yLnqaJ of No lnteMA. The County and Property Owner covenant that neittier presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree Wth its performance under this 'Agreement, and that only interest of each is to perform and receive benefits as recited In this Agreement. m. �Qode 2f Ethia. The County agrees that the officers and employees of the County recognize and will be required to complywilth 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 ors of certain information. ............... Propen(y Owner Noise Imulation Agreement Pap 14 of28 SSollcitation/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 orsecure 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 Prop" Owner agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from oni d, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. o. Public, s. The County and Property Owner shall allow and permit reasonable access t , 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 thisAgreement: and the County shall have the right to unilaterally n I this Agreement upon violation of this provision by the Property Owner. Public Records Compliance. Property Owner must comply with Florida public records laws, including but not limited to Chapter 119, Florid Statutes and Section 24 of article I of the Constitution of Florida. The n 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 the County and Property Owner in conjunction with this contract and related to contract performance. The County II have the right to unilaterally cancel this contract upon violation of this provision by the Property Owner. Failure of the Property wner to abide by the terms of this provision shall be deemed a material breach of thiscontract and the County may enforce the terms of this provision in the form of a court proceeding n shall, as a prevailing , be entitled to reimbursement of all attorney's fees and costs associatedwith that proceeding. This provision shall survive any termination or expiration of the contract. The Property Owner is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 11 .071 and the terms. and conditions of this contract, the Property Owner is requiredto: (1) Keep and maintain public records that would be required by the County to perform the service. ( ) Upon receipt from the County'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 reasonabletime at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) . Ensure that public records t are exempt or confidential and exempt from ulic records disclosure requirements not disclosed except as Propertyner Noise Insulation Ageement Page 15 of 28 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, (4) 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 k'saps and maintains public records upon completion of the contract, the Property Owner shall meet all applicable requirements for retaining public records, All records stared 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 requested records, the County shall immediately notify the Prop" Owner of the request, 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 119, Florida Statutes, to the Prop" Owner's duty to provide public records relating to this contract, contact the Custodian of Public Records, Brian Bradley at (305) 292-3470. . . p. Non-Waiver of ImmunitL Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Property Owner in this Agreement and the acquisition q'f any commercial liability insurance cov' emge, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity by the County to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q EdZigM&nd Immonitles. All of the privileges and immunlVes from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other beneffts 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 dudes of such officers, agents, volunteers, or employees outside the territorial limits of the County. r. 1p_qal Qkfigations jAn Responsibilities', NM:Qglegation. gf Q2Djtit Ufi2Da J 2r tles. This Agreement is not.intended to, nor it 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, Pro r her Noise Imulafion Agmement Page 16 of28 state statutes, case law, and, specifically, the provisions of Chapters 125 and 163, Florida Statutes. s. 1 n:RqU@=_by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, o,f 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. 6ftLqWtlons. 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. N2) EgM2nj Person,_ LIiRW&. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. V. Emcguttl2nin-S!� mt . 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 consfitute one and the same instrument and any of the partles hereto may execute this Agreement by signing any such counterpart. W. 929111201m1 l�m . 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 o,f this Agreement and will not be used in the interpretation of any provision of this Agreement. Pro peny Owner Noise Imulation Agreement Pap 17 of28 IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement as of the day and year first above written. WITNItSSES: PROPERTY OWNER: Wilma Partners L@P* Signature 1 P�Urinte7d f7flrnp, 0 • Trustee 6f 1996 Arrev cable Trust, for, A. Roger Wigle, Gen4ra1 Partn- WiUrm, �az;Xi;m L.P. Signature . ............. -X6�R !7 1 "r U-) y Date I Pflnted Name IJ ............ ITS: PROPERTY OWNER: Signature gnature .............. Printed Name Printec!Name Signature Date Printed Name 4j;l ............. .......... ...................... MONqQE C4DfJNT`Y BOARD OF COUNTY COMMISSIONERS: t( " MAYOR/CHAIRMAN: Adds :I O Sylvia J. Murphy ak, CLERK By: D60uty Clerk Signature ate ............ ........... 100NF0E CQUIM /'APPROVE iA T!O FUN Property Owner Noise Insulation Agreement 18 qf28 RN'EY—`--- PROGRAM POLICY STATEMENTS Exhibit To Property Owner Noise Insulation Agreement A. Irn oni Whileproviding l "mink li AC systemr condominium as a part of the NoiseInsulation Prog modifications, ll i limitations and rest i ti ill apply to all condominiums: 1. l condensing unitsill be installed i y 2. All refrigerant lines i from the balconyi its will be installed consistent with KWBTS Boardpolicy rules, maintaining a maximumit of 48 inches. i condensate lines will be installed the buildingexterior consistent it Board policy rules to ensurethe highest level of consistencybuilding architectural t ti 4. I interior AC lire (refrigerant, condensate, electrical) Energy Ventilator ill be housed in new vertical wall and comer pilasters which will be constructedto matchAli f existingll& r locations of the new vertical-wall pilastersilldiffer .i r depending on your unique condominium r plan and number of bedrooms. The NIPi r it ill review this-information it t your NIP Designi ti , 5. Only I tr1 I service panelsthat are determinedthe Program Manager to be hint will be replaced the Programi Insulation Program modifications. B. Wind thef asbestos, the NIPwill provide a new custom wood surround ill instead the existingsurround, Due to this 1 , existing customsills granite, ill Mt be replaced. This revisionill be an improvement, ii r I constriction improving time efficiencies. t r The nemi® asbestost t requirements will restrict the abilityto remove existing customtrim r r to construction ' i f a which will not allow i t time for the awarded generalcontractor t rmatched replacement trim. Therefore, existing crownwall trim, and base, the contractor will, instead, t the existingtrim the face of the new pilaster or thru wall ac-Infill, At new pilaster locations , if the thru wall as i fill abuts the existing baseboards, the contractor ill install a standard " x 5-1/2,v) painted wood trim t abut the l i trim, rather than t ti to matcht lsting custom trim.profiles and materials, After the completionof the IP construction, t r r will htbttA»Propemy Owner NoiseI l don a e t Page 19 of Z have the option to replace the installed trim wb other custom trim to match the existing materials and profiles. D. Door Threshold Helahts. Due to stringent Florida hurricane impact and water inflitFa—tion 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 waterinfiltration during a hurricane. E. KWBTS Asbestos Tnt:in As required by state and federal requirements, THC conducted asbestos testing on all participating KWBTS condominiums in Buildings A, B and C during the November 2017 to April 2018 time period. This testing included collecting 7 to 9 samples at each condominium to include gypsum board joint compound, window glazing, and exterior window and door caulki'ng. I iion, rior l r ll n addt MUdom exte stucco sampes wee coected on both the "walkway" and "courtyard I 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 aooustic door installation, removal of portable "through-wall" AC units and the infilling of openings, ceiling cuts required for installation,o fit he 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. F. Asbestos Abatement Regulre' ments 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: 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, &MMA-Pmpeny Owner Noise Insulation Agmement Pap 20 of28 If sa iples show a presence 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, callings, closets, windowsldoors), appro)(imately 4 feet from all wells and areas impacted by the NIP modifications. Abatement and bagging of ACM (resulting from 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. will be required to provide executive oversight of all ACM apatement 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'MminjIMIM the disturbance of ACM tb' ensure the minimiza tin ' 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 Authority of Design Decisions. The KWBTS Board will have the Authoft 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 NIVIIN-Splif AC System Installation Requirements 5. Interior Ductless "Mini-Split" AC System Interior Soffit Design and Placement 6. In-Filled Kitchen Prime Door Policy Treatment EAMI A-Property Owner Nofte Imuladon Agreement Page 21 of 28 LEGAL DESCRIPTION Exhibit To Homeowner Noise Insulation Agreement Condominium nit 324-C, CORAL BAY GARDENS OF KEY WEST BY THE SEA, condominium, together it ii interest in the common elements, accordingt the DeclarationCondominium thereof, recorded in Official Records Book 589, Page 370, as amended from to time, f the Public Records of Monroe . ttt B--Property nr tYtse I anon� ,,. sent 22 o 2 PROGRAMIMPROVEIVIENTS Exhibit C To Homeowner Noise Insulation Agreement This &hL U1 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: 9 Architectural Drawings 0 Replacement Aluminum Acoustical Windows 4 Replacement Aluminum Acoustical Swinging Prime Door(s) Replacement Aluminum Acoustical Sliding Glass Patio Door(s) i itC-Property Owner Noise Insulation Agreement Page 23 of28 DEFICIENCY HOLD HARMLESS AGREEMENT Exhibit D To Property Owner Nol'se Insulation Agreement In partial consideration of the compensationto be paidif of the County and the Program r the Program Improvements to be made to the Property described in the Agreement of even datet and Property Owner and to whichthis Er is attached, t i , f r and on behalf of the undersignedthe heirs, personal representatives, assignsf the undersigned, forever releases, remises, discharges, indemnifies rE covenants not to sue, institute I E against, or institute ! against, the r any of ! i x consultantsr contractors concerningIIclaims, actionsr causes of action of whatsoever kind and naturet of bodily injuries or death, damage to the and the consequences thereof, and any of the foregoing i y accrue to the undersigned ortheir respe ctive heirs, I representatives, in i connection it all Pre-Existing Deficiencies (the mDeficiencies'") against said County r any ofl Eemployees, I r contractors to be legally liable. 2. The Property Owner understands and assumes full responsibility for the Deficiencies t in the Property, r visible to the Program Manager or unseen. 3. The Property Owner understands that the Deficiencies include deficiencies present in t the time f execution of this Agreement which could include, t be limited E ItE , structural damage, water / moisture damage, hazardous materials, if ttl fr anyi that would negativelyimpact the installation r f the ProgramImprovements, 4. If visible, the Property Owner understands that the Program Manager may identify nt Deficiencies at any time throughout the Programprocess (including des bid and construction . If identified documented, the Program r ill classify t Deficiencies either i ". Owner full responsibility r t i f any documented MinorDeficiencies, In the rare event "Severe" Deficiencies are identified the design process, t to completenecessary repairsthe Property, t the acceptancef the Program Manager, as a preconditionto the commencement of constructionof the r Improvements, event that " r " Deficiencies are uncovered during the construction period, the Property Owner agrees to complete tbtt D-Property Owner Noise Immladon Agreement Page 24 of 2 necessary repairs to the Property, to the acceptance of the Programr t slml may �ay or stoppages iof work. . The undersignedacknowledge n that all of the release and' hold and indemnity r m l t forth In Paragraph I of this f _ apply t property damage, injudes, milt ° ' r mil m time Deficiencies ll r a later after the addition of the Program I mom n a The provisions f this _ t D shali surAve the termination or expiration of the Property Owner Noise Insuiation Agreement. B. The l binding t benefit f to l f undersigned m mrm f this - f undersigned and their respective heft, personai representatives, successors andl ri m _— T PROPERTY OWNER: Signature p - I Si gnature a Trustee of . " l,.able = . for l , in .y ral --HMO .. f ;�a.. OWNER:WITNESSES, PROPERTY Eneture € r-ateiid—ntedNem i: Signature Dste Vd—nted Nam P i Signature Printed Name_ mu., ,, Date fit - r No e I ltto —Agreement o VENTILATION HOLD HARMLESS AGREEMENT Exhibit E To Property Owner Noise Insulation Agreement 1. In partial consideration of the compensation to be paidI f the County and the Pmgra' m for the Program Improvernerts to be made to the Property described in the Agreement of even date (tuAgreement") between the County Propertyand r and to whichi is attached, the undersigned, r and on behalf of the undersignedi I .representafives, successors, and assignsf the undersigned, forever releases, discharges, indemnifies covenants t to sue, institute I t, or institute any proceedingsagainst, the r any of its agents, officers, employees, It r contractors concerning n I claims, actions action whatsoever kind and nature on account of bodily injuries or death, damage t propertythe consequencesthereof, and any oft foregoing ich may accrue t the undersigned r their respective heirs, personal representatives, assignsin connection withit Ventilation Deficienciesi t said County or any of its officers, agents, employees, of r contractors to be legally liable. 1 The Program improvements include the additionf acoustical doors,mfindows and removal and i fillip f"through-wall" portable air conditioner units and the additionf a replacement ductless "mini-split' it conditioning system, these modificationsill result in a tighter interior i t due to the eliminationf all passive inside outside it leakage that was naturallyoccurring in all openings, the Program ill also include the additionventilation unit which will provide an adequateinside i it to the condominium requiredy building code, Given3. the tightened interior it t of the treated n ii the OwnerProperty agrees to assurnifull responsibility for the properr ti n of the new Programtless AC system and energy recovery ventilationit to avoidthe potential r mold and moistureproblems, i Ilduring periods condominium is closeduninhabited. 4. Due to FAA eligibilitylimitations, the Programill not be providing .bathroomt fan treatments, inse bathroom t r showers are a sourcef moisturer i in the'intedor environment of a condominium, the Property Owner agrees to assume full responsibility for ensuring that'all bathrooms have an operable t exhaust fan I f r ti r it t r f building. It should alsot that the odginal KWBTS condominiums constructed withsmall-wall vent that was designedII the passivet of w_ ..m �s.. i it E-"'NOW&Ownerftise Imuladon Agmemene Page26 of 28 bathroom moisture in a central building exhaust shaft. Dudng 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 for unwanted air, smoke arid/or gases into the condominium interior. 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 rnay result if left untreated, & It is clearly a building code violation to duct laundry dryer exhaust to the KWBTS central exhaust shaft. In the event a Property 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 alternative method that meets current building code, at it cost before the Initiation of the Program 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 and/or excessive interior humidity levels genenated by the Property Owner within the interior of the condominium, The Property Owner understands arid assumes full responsibility for maintenance of interior moisture and humidity levels. The Property Owner agrees to assume full responsibility for any occurrence, reoccurrence or worsening of moisture problerns and/or interior humidity I !s 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 Program Improvements. 7. The undersigned acknowledge and agree that all of the release, hold harmless and indemnity provisions set forth in Paragraph 1 of this Exhibit apply to injuries, deaths, or damages sustained in connection Wth or as a result of any and all interior ventilabon deficiencies arising after the addition of the Program Improvements including, but not limited to, high humidity, mold, mildew,-and/or lack of proper exhaust ventilation. The provisions of this Exhibit E shall survive the termination or expiration of nsu the Property Owner Noise Ilatlireemerat. 8. . The try gned hereby agree that the terms and provisions of this Exhibit E shall be binding upon and in to the benefit of the undersigned and their respective heirs, personal representatives, successors and assigns. WITNESSES: PROPERTY OWNER: W;Wm�a Pa trPers, L.1)r;),.,! f V Signatum 0 PyintpAJ lu, koe iz� ;,e PZ PflntedNerne Truseee of A,'96 Irrevo2able J Trust for A. Roger Wigle, General on ure I Par RM wall �i, = § P�- Mted Name Eakibit E-Awperty Owner Noise Imidation Areement Page 27 of 28 __ I : 5igntu Signatu ,` � P i rfnted Name Printed Name Sign lbata2� Prfn d Name IT _ � m PROPERTY , P Signature i Signature Printed Name Printed Name —^�°." Date SIAn r d d Name Exhibit E-Property Owner Noise Insulation Arveme Page 2